[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
 
          Title 40

Protection of Environment


________________________

Part 60 (Sec.  60.500 to end of part 60 sections)

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    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 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     845
      Alphabetical List of Agencies Appearing in the CFR......     865
      List of CFR Sections Affected...........................     875

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 60.500 refers 
                       to title 40, part 60, 
                       section 500.

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

[[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 
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    To determine whether a Code volume has been amended since its 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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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 
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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 
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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 dropped in 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 
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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 
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    (c) The incorporating document is drafted and submitted for 
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    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

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the revision dates of the 50 CFR titles.

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INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
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-
60.499), part 60 (60.500-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 
72-79, part 80, part 81, parts 82-84, parts 85-96, parts 97-99, 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-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2023.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec.  9.1 of 
this chapter.

    Chapters IV-IX--Regulations issued by the Environmental Protection 
Agency and Department of Justice, Council on Environmental Quality, 
Chemical Safety and Hazard Investigation Board, Environmental Protection 
Agency and Department of Defense; Uniform National Discharge Standards 
for Vessels of the Armed Forces, Gulf Coast Ecosystem Restoration 
Council, and the Federal Permitting Improvement Steering Council appear 
in volume thirty-seven.

    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.  60.500 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 (Continued).....................           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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



     Subpart XX_Standards of Performance for Bulk Gasoline Terminals

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

  Subpart AAA_Standards of Performance for New Residential Wood Heaters

60.530 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.

[[Page 6]]

60.591a Definitions.
60.592a Standards.
60.593a Exceptions.

  Subpart HHH_Standards of Performance for Synthetic Fiber Production 
                               Facilities

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

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

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

     Subpart JJJ_Standards of Performance for Petroleum Dry Cleaners

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

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

[[Page 7]]

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.
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 TTTa_Standards of Performance for Industrial Surface Coating: 
    Surface Coating of Plastic Parts for Business Machines for Which 
 Construction, Reconstruction, or Modification Commenced After June 21, 
                                  2022

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

[[Page 8]]

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 
That Commenced Construction, Reconstruction, or Modification on or After 
                 May 30, 1991, but Before July 18, 2014

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

Subpart XXX_Standards of Performance for Municipal Solid Waste Landfills 
That Commenced Construction, Reconstruction, or Modification After July 
                                17, 2014

60.760 Applicability, designation of affected source, and delegation of 
          authority.
60.761 Definitions.
60.762 Standards for air emissions from municipal solid waste landfills.
60.763 Operational standards for collection and control systems.
60.764 Test methods and procedures.
60.765 Compliance provisions.
60.766 Monitoring of operations.
60.767 Reporting requirements.
60.768 Recordkeeping requirements.
60.769 Specifications for active collection systems.

Subparts YYY-ZZZ [Reserved]

    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?

[[Page 9]]

60.1105 How do I submit my final materials separation plan?

              Preconstruction Requirements: Siting Analysis

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

              Good Combustion Practices: Operator Training

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

            Good Combustion Practices: Operator Certification

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

            Good Combustion Practices: Operating Requirements

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

                             Emission Limits

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

                     Continuous Emission Monitoring

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

                              Stack Testing

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

                      Other Monitoring Requirements

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

[[Page 10]]

60.1335 What is the minimum amount of monitoring data I must collect 
          with my continuous parameter monitoring systems and is the 
          data collection requirement enforceable?

                              Recordkeeping

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

                                Reporting

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

        Air Curtain Incinerators That Burn 100 Percent Yard Waste

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

                                Equations

60.1460 What equations must I use?

                               Definitions

60.1465 What definitions must I know?

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

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

                              Introduction

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

                      Applicability of State Plans

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

[[Page 11]]

60.1575 How does the model rule relate to the required elements of my 
          State plan?
60.1580 What are the principal components of the model rule?

                   Model Rule--Increments of Progress

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

        Model Rule--Good Combustion Practices: Operator Training

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

      Model Rule--Good Combustion Practices: Operator Certification

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

      Model Rule--Good Combustion Practices: Operating Requirements

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

                       Model Rule--Emission Limits

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

               Model Rule--Continuous Emission Monitoring

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

[[Page 12]]

60.1790 What test methods must I use to stack test?
60.1795 May I conduct stack testing less often?
60.1800 May I deviate from the 13-month testing schedule if unforeseen 
          circumstances arise?

                Model Rule--Other Monitoring Requirements

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

                        Model Rule--Recordkeeping

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

                          Model Rule--Reporting

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

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

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

                                Equations

60.1935 What equations must I use?

                               Definitions

60.1940 What definitions must I know?

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

[[Page 13]]

60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of these 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?

                           Performance Testing

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

                     Initial Compliance Requirements

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

                   Continuous Compliance Requirements

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

                               Monitoring

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

                       Recordkeeping and Reporting

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

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 
          Incinerators for

[[Page 14]]

          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 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 owners and operators in 
          my state?

                      Applicability of State Plans

60.2550 What CISWIs 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 and then restart it?
60.2615 What must I do if I plan to permanently close my CISWI 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?

[[Page 15]]

          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?

                     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?
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 (ACIs)

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

[[Page 16]]

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--Model Rule--Emission Limitations 
          That Apply to Energy Recovery Units After May 20, 2011
Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
          That Apply to Waste-Burning Kilns After May 20, 2011
Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
          That Apply to Small, Remote Incinerators After May 20, 2011 
          [Date To Be Specified in State Plan]

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

                              Introduction

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

                              Applicability

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

                     Preconstruction Siting Analysis

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

                          Waste Management Plan

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

                   Operator Training and Qualification

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

                Emission Limitations and Operating Limits

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

                           Performance Testing

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

                     Initial Compliance Requirements

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

                   Continuous Compliance Requirements

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

[[Page 17]]

60.2943 How do I convert my 1-hour arithmetic averages into the 
          appropriate averaging times and units?
60.2944 What operating parameter monitoring equipment must I install, 
          and what operating parameters must I monitor?
60.2945 Is there a minimum amount of operating parameter monitoring data 
          I must obtain?

                       Recordkeeping and Reporting

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

                        Title V Operating Permits

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

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

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

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

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

                                Equations

60.2975 What equations must I use?

                               Definitions

60.2977 What definitions must I know?

                    Tables to Subpart EEEE of Part 60

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

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

                              Introduction

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

[[Page 18]]

60.2994 Are air curtain incinerators regulated under this subpart?

                      Model Rule--Use of Model Rule

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

                     Model Rule--Compliance Schedule

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

                    Model Rule--Waste Management Plan

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

             Model Rule--Operator Training and Qualification

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

          Model Rule--Emission Limitations and Operating Limits

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

                     Model Rule--Performance Testing

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

               Model Rule--Initial Compliance Requirements

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

             Model Rule--Continuous Compliance Requirements

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

                         Model Rule--Monitoring

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

                 Model Rule--Recordkeeping and Reporting

60.3046 What records must I keep?
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?

[[Page 19]]

                  Model Rule--Title V Operating Permits

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

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

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

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

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

                          Model Rule--Equations

60.3076 What equations must I use?

                         Model Rule--Definitions

60.3078 What definitions must I know?

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

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?

[[Page 20]]

              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 General Provisions and confidential information provisions 
          apply to me?

                               Definitions

60.4219 What definitions apply to this subpart?

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

  Subpart JJJJ_Standards of Performance for Stationary Spark Ignition 
                       Internal Combustion Engines

                        What This Subpart Covers

60.4230 Am I subject to this subpart?

                  Emission Standards for Manufacturers

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

               Emission Standards for Owners and Operators

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

               Other Requirements for Owners and Operators

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

[[Page 21]]

          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 General Provisions and confidential information provisions 
          apply to me?

                        Mobile Source Provisions

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

                               Definitions

60.4248 What definitions apply to this subpart?

                    Tables to Subpart JJJJ of Part 60

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

Subpart KKKK_Standards of Performance for Stationary Combustion Turbines

                              Introduction

60.4300 What is the purpose of this subpart?

                              Applicability

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

                             Emission Limits

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

                     General Compliance Requirements

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

                               Monitoring

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

[[Page 22]]

                                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?

                     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?

[[Page 23]]

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?
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?

[[Page 24]]

 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?

                 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 NNNN [Reserved]

  Subpart OOOO_Standards of Performance for Crude Oil and Natural Gas 
   Facilities for Which Construction, Modification, or Reconstruction 
  Commenced After August 23, 2011, and on or Before September 18, 2015

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?

[[Page 25]]

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?
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?

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 OOOOa_Standards of Performance for Crude Oil and Natural Gas 
   Facilities for which Construction, Modification or Reconstruction 
                   Commenced After September 18, 2015

60.5360a What is the purpose of this subpart?
60.5365a Am I subject to this subpart?
60.5370a When must I comply with this subpart?
60.5375a What VOC standards apply to well affected facilities?
60.5380a What VOC standards apply to centrifugal compressor affected 
          facilities?
60.5385a What VOC standards apply to reciprocating compressor affected 
          facilities?
60.5390a What VOC standards apply to pneumatic controller affected 
          facilities?
60.5393a What VOC standards apply to pneumatic pump affected facilities?
60.5395a What VOC standards apply to storage vessel affected facilities?
60.5397a What fugitive emissions VOC standards apply to the affected 
          facility which is the collection of fugitive emissions 
          components at a well site and the affected facility which is 
          the collection of fugitive emissions components at a 
          compressor station?
60.5398a What are the alternative means of emission limitations for VOC 
          from well completions, reciprocating compressors, the 
          collection of fugitive emissions components at a well site and 
          the collection of fugitive emissions components at a 
          compressor station?

[[Page 26]]

60.5399a What alternative fugitive emissions standards apply to the 
          affected facility which is the collection of fugitive 
          emissions components at a well site and the affected facility 
          which is the collection of fugitive emissions components at a 
          compressor station: Equivalency with state, local, and tribal 
          programs?
60.5400a What equipment leak VOC standards apply to affected facilities 
          at an onshore natural gas processing plant?
60.5401a What are the exceptions to the equipment leak VOC standards for 
          affected facilities at onshore natural gas processing plants?
60.5402a What are the alternative means of emission limitations for VOC 
          equipment leaks from onshore natural gas processing plants?
60.5405a What standards apply to sweetening unit affected facilities?
60.5406a What test methods and procedures must I use for my sweetening 
          unit affected facilities?
60.5407a What are the requirements for monitoring of emissions and 
          operations from my sweetening unit affected facilities?
60.5408a What is an optional procedure for measuring hydrogen sulfide in 
          acid gas--Tutwiler Procedure?
60.5410a How do I demonstrate initial compliance with the standards for 
          my well, centrifugal compressor, reciprocating compressor, 
          pneumatic controller, pneumatic pump, storage vessel, 
          collection of fugitive emissions components at a well site, 
          collection of fugitive emissions components at a compressor 
          station, and equipment leaks at onshore natural gas processing 
          plants and sweetening unit affected facilities?
60.5411a What additional requirements must I meet to determine initial 
          compliance for my covers and closed vent systems routing 
          emissions from centrifugal compressor wet seal fluid degassing 
          systems, reciprocating compressors, pneumatic pumps and 
          storage vessels?
60.5412a What additional requirements must I meet for determining 
          initial compliance with control devices used to comply with 
          the emission standards for my centrifugal compressor, and 
          storage vessel affected facilities?
60.5413a What are the performance testing procedures for control devices 
          used to demonstrate compliance at my centrifugal compressor 
          and storage vessel affected facilities?
60.5415a How do I demonstrate continuous compliance with the standards 
          for my well, centrifugal compressor, reciprocating compressor, 
          pneumatic controller, pneumatic pump, storage vessel, 
          collection of fugitive emissions components at a well site, 
          and collection of fugitive emissions components at a 
          compressor station affected facilities, equipment leaks at 
          onshore natural gas processing plants and sweetening unit 
          affected facilities?
60.5416a What are the initial and continuous cover and closed vent 
          system inspection and monitoring requirements for my 
          centrifugal compressor, reciprocating compressor, pneumatic 
          pump, and storage vessel affected facilities?
60.5417a What are the continuous control device monitoring requirements 
          for my centrifugal compressor and storage vessel affected 
          facilities?
60.5420a What are my notification, reporting, and recordkeeping 
          requirements?
60.5421a What are my additional recordkeeping requirements for my 
          affected facility subject to VOC requirements for onshore 
          natural gas processing plants?
60.5422a What are my additional reporting requirements for my affected 
          facility subject to VOC requirements for onshore natural gas 
          processing plants?
60.5423a What additional recordkeeping and reporting requirements apply 
          to my sweetening unit affected facilities?
60.5425a What parts of the General Provisions apply to me?
60.5430a What definitions apply to this subpart?
60.5432a How do I determine whether a well is a low pressure well using 
          the low pressure well equation?
60.5433a-60.5439a [Reserved]

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

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?

[[Page 27]]

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?

Subparts RRRR-SSSS [Reserved]

 Subpart TTTT_Standards of Performance for Greenhouse Gas Emissions for 
                        Electric Generating Units

                              Applicability

60.5508 What is the purpose of this subpart?
60.5509 Am I subject to this subpart?

                           Emission Standards

60.5515 Which pollutants are regulated by this subpart?
60.5520 What CO2 emissions standard must I meet?

                     General Compliance Requirements

60.5525 What are my general requirements for complying with this 
          subpart?

           Monitoring and Compliance Determination Procedures

60.5535 How do I monitor and collect data to demonstrate compliance?
60.5540 How do I demonstrate compliance with my CO[ihel2] emissions 
          standard and determine excess emissions?

                   Notifications, Reports, and Records

60.5550 What notifications must I submit and when?
60.5555 What reports must I submit and when?
60.5560 What records must I maintain?
60.5565 In what form and how long must I keep my records?

                   Other Requirements and Information

60.5570 What parts of the general provisions apply to my affected EGU?
60.5575 Who implements and enforces this subpart?
60.5580 What definitions apply to this subpart?

Table 1 to Subpart TTTT of Part 60--CO2 Emission Standards 
          for Affected Steam Generating Units and Integrated 
          Gasification Combined Cycle Facilities That Commenced 
          Construction After January 8, 2014 and Reconstruction or 
          Modification After June 18, 2014
Table 2 to Subpart TTTT of Part 60--CO2 Emission Standards 
          for Affected Stationary Combustion Turbines That Commenced 
          Construction After January 8, 2014 and Reconstruction After 
          June 18, 2014 (Net Energy Output-Based Standards Applicable as 
          Approved by the Administrator)
Table 3 to Subpart TTTT of Part 60--Applicability of Subpart A of Part 
          60 (General Provisions) to Subpart TTTT

  Subpart UUUUa_Emission Guidelines for Greenhouse Gas Emissions From 
               Existing Electric Utility Generating Units

                              Introduction

60.5700a What is the purpose of this subpart?
60.5705a Which pollutants are regulated by this subpart?
60.5710a Am I affected by this subpart?
60.5715a What is the review and approval process for my plan?
60.5720a What if I do not submit a plan, my plan is incomplete, or my 
          plan is not approvable?
60.5725a In lieu of a State plan submittal, are there other acceptable 
          option(s) for a State to meet its CAA section 111(d) 
          obligations?
60.5730a Is there an approval process for a negative declaration letter?

                         State Plan Requirements

60.5735a What must I include in my federally enforceable State plan?
60.5740a What must I include in my plan submittal?
60.5745a What are the timing requirements for submitting my plan?
60.5750a What schedules and compliance periods must I include in my 
          plan?
60.5755a What standards of performance must I include in my plan?
60.5760a What is the procedure for revising my plan?
60.5765a What must I do to meet my plan obligations?

             Applicablity of Plans to Designated Facilities

60.5770a Does this subpart directly affect EGU owners or operators in my 
          State?
60.5775a What designated facilities must I address in my State plan?
60.5780a What EGUs are excluded from being designated facilities?
60.5785a What applicable monitoring, recordkeeping, and reporting 
          requirements do I need to include in my plan for designated 
          facilities?

[[Page 28]]

                Recordkeeping and Reporting Requirements

60.5790a What are my recordkeeping requirements?
60.5795a What are my reporting and notification requirements?
60.5800a How do I submit information required by these Emission 
          Guidelines to the EPA?

                               Definitions

60.5805a What definitions apply to this subpart?

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

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



     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 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

[[Page 29]]

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 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

[[Page 30]]

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]



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:

[[Page 31]]

[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, 1.83 x 10\6\ for propane and 2.41 x 
          10\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.
    (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.

[[Page 32]]

    (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]



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

[[Page 33]]

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.
    (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

[[Page 34]]

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 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

[[Page 35]]

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 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

[[Page 36]]

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 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

[[Page 37]]

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 may burn only 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 (including a 
certification by the third-party organization that the pellets do not 
contain, and are not manufactured from, any of the prohibited fuels in 
paragraph (f) of this section). 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.
    (f) Prohibited fuel types. No person is permitted to burn any of the 
following materials in an affected wood 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, 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.

[80 FR 13702, Mar. 16, 2015, as amended at 85 FR 18455, Apr. 2, 2020]



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

[[Page 38]]

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 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

[[Page 39]]

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.
    (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

[[Page 40]]

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.
    (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

[[Page 41]]

    (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 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)

[[Page 42]]

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;
    (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;

[[Page 43]]

    (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 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.

[[Page 44]]

    (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.
    (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

[[Page 45]]

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 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) 
through (c), particulate matter emission concentrations must be measured 
with ASTM E2515-11 (IBR, see Sec.  60.17) with the following exceptions: 
eliminate section 9.6.5.1 of ASTM E2515-11 and perform the post-test 
leak checks as described in paragraph (c)(1) of this section. 
Additionally, if a component change of either sampling train is needed 
during sampling, then perform the leak check specified in paragraph 
(c)(2) of this section. Four-inch filters and Teflon membrane filters or 
Teflon-coated glass fiber filters may be used in ASTM E2515-11.
    (1) Post-test leak check. A leak check of each sampling train is 
mandatory at the conclusion of each sampling run before sample recovery. 
The leak check must be performed in accordance with the procedures of 
ASTM E2515-11, section 9.6.4.1 (IBR, see Sec.  60.17), except that it 
must be conducted at a vacuum equal to or greater than the maximum value 
reached during the sampling run. If the leakage rate is found to be no 
greater than 0.0003 m\3\/min (0.01 cfm) or 4% of the average sampling 
rate (whichever is less), the leak check results are acceptable. If a 
higher leakage rate is obtained, the sampling run is invalid.
    (2) Leak checks during sample run. If, during a sampling run, a 
component (e.g., filter assembly) change becomes necessary, a leak check 
must be conducted immediately before the change is made. Record the 
sample volume before and after the leak test. The sample

[[Page 46]]

volume collected during any leak checks must not be included in the 
total sample volume for the test run. The leak check must be done 
according to the procedure outlined in ASTM E2515-11, section 9.6.4.1 
(IBR, see Sec.  60.17), except that it must be done at a vacuum equal to 
or greater than the maximum value recorded up to that point in the 
sampling run. If the leakage rate is found to be no greater than 0.0003 
m\3\/min (0.01 cfm) or 4% of the average sampling rate (whichever is 
less), the leak check results are acceptable. If a higher leakage rate 
is obtained, the sampling run is invalid.

    Note 1 to paragraph (c): Immediately after component changes, leak 
checks are optional but highly recommended. If such leak checks are 
done, the procedure in paragraph (c)(1) of this section should be used.

    (d) For all tests conducted using ASTM E2515-11 (IBR, see Sec.  
60.17), with the exceptions described in paragraphs (c)(1) and (2) of 
this section, and pursuant to this section, the manufacturer and 
approved test laboratory must also measure the first hour of particulate 
matter emissions for each test run by sampling with a third, identical 
and independent sampling train operated concurrently for the first hour 
of PM paired train compliance testing according to paragraph (c) of this 
section. The manufacturer and approved test laboratory must report the 
test results from this third train separately as the first hour 
emissions.
    (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 the third-party certifier, and only in writing, to notify them that 
the manufacturer has observed a deviation from proper test procedures by 
the laboratory. 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).

[80 FR 13702, Mar. 16, 2015, as amended at 85 FR 63403, Oct. 7, 2020; 88 
FR 18402, Mar. 29, 2023]



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

[[Page 47]]

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.
    (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

[[Page 48]]

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 (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,

[[Page 49]]

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.''

    (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

[[Page 50]]

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.''

    (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.

[[Page 51]]



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 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

[[Page 52]]

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.
    (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.

[[Page 53]]

    (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 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.

[[Page 54]]

    (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.  60.533(c)(2), Sec.  60.533(f)(3), Sec.  
60.533(i)(4), Sec.  60.533(l)(2), Sec.  60.533(n)(3)(ii)(A), Sec.  
60.535(a)(3), Sec.  60.535(b)(2), Sec.  60.535(d)(3) or Sec.  
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 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

[[Page 55]]

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)(1), and (g);
    (c) Section 60.14; and
    (c) Section 60.15(d).

[80 FR 13702, Mar. 16, 2015, as amended at 88 FR 18402, Mar. 29, 2023]



 Subpart BBB_Standards of Performance for the Rubber Tire Manufacturing 
                                Industry

    Source: 52 FR 34874, Sept. 15, 1987, unless otherwise noted.



Sec.  60.540  Applicability and designation of affected facilities.

    (a) The provisions of this subpart, except as provided in paragraph 
(b) of this section, apply to each of the following affected facilities 
in rubber tire manufacturing plants that commence construction, 
modification, or reconstruction after January 20, 1983: each undertread 
cementing operation, each sidewall cementing operation, each tread end 
cementing operation, each bead cementing operation, each green tire 
spraying operation, each Michelin-A operation, each Michelin-B 
operation, and each Michelin-C automatic operation.
    (b) The owner or operator of each undertread cementing operation and 
each sidewall cementing operation in rubber tire manufacturing plants 
that commenced construction, modification, or reconstruction after 
January 20, 1983, and before September 15, 1987, shall have the option 
of complying with the alternate provisions in Sec.  60.542a. This 
election shall be irreversible. The alternate provisions in Sec.  
60.542a do not apply to any undertread

[[Page 56]]

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 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

[[Page 57]]

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))
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)

[[Page 58]]

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:
    (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

[[Page 59]]

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 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

[[Page 60]]

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.

    (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):

[[Page 61]]

[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

    (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

[[Page 62]]

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 
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

[[Page 63]]

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:
[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).

[[Page 64]]

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), 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):


[[Page 65]]


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.
    (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

[[Page 66]]

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:
[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:

[[Page 67]]

[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, 
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

[[Page 68]]

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 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

[[Page 69]]

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 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

[[Page 70]]

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 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.

[[Page 71]]

    (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 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

[[Page 72]]

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 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

[[Page 73]]

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.
                                                           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

[[Page 74]]

 
                                                           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\
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.

[[Page 75]]

 
                                                       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 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,

[[Page 76]]

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.
    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

[[Page 77]]

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 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

[[Page 78]]

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, 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

[[Page 79]]

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 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.

[[Page 80]]

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 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

[[Page 81]]

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 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

[[Page 82]]

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:


------------------------------------------------------------------------
      If the percent composite TOC        Use this equation to calculate
            concentration is                   threshold emissions
------------------------------------------------------------------------
0.10<0.12..............................  (a x 7.5 x 10\6\) + 226
0.12<0.2...............................  (b x 58.3) + 116.8
0.2<0.3................................  (c x 3020) + 71.8
0.3<0.4................................  (d x 547) + 54.5
0.4<0.6................................  48.3 + 31 (0.6-weight percent
                                          TOC)
0.6<5.5................................  48.3
------------------------------------------------------------------------

where: a = (0.12 - weight percent TOC). \2 5\
[GRAPHIC] [TIFF OMITTED] TC16NO91.070

c = (0.3-weight percent TOC) \2\
d = (0.4-weight percent TOC). \1 5\

    For the 5.5 to less than 20 weight percent range, the following 
equations are used.

[[Page 83]]



------------------------------------------------------------------------
                                                Use this equation to
If the percent composite TOC concentration       calculate threshold
                    is                                emissions
------------------------------------------------------------------------
5.5<7.0...................................  (e x 740) + 31
7.0<9.0...................................  (f x 324) + 25.0
9.0<20....................................  (g x 125) + 18.2
------------------------------------------------------------------------

where
[GRAPHIC] [TIFF OMITTED] TC16NO91.071


[[Page 84]]


[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 85]]

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 86]]

[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 87]]

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 88]]

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 89]]

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. Sec.  60.482-1 through 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. Sec.  60.483-1 and 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. Sec.  60.486 and 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 90]]

    (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 91]]



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 92]]

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 93]]

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 94]]

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 95]]

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 96]]

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 97]]

    (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 98]]

    (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 99]]

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 100]]

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 101]]

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 102]]

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 103]]

    (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 104]]

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 105]]

    (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 106]]

    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 107]]

    (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. Sec.  60.482-2 and 
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 108]]

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 109]]

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 110]]

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 111]]

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 112]]

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 113]]

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 114]]

    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 115]]

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 116]]

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 117]]


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 118]]

[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 119]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.027


[[Page 120]]


[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 121]]

          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 122]]

(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 123]]

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 124]]

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 125]]

    (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 126]]

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 127]]

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 128]]



  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 129]]

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. Sec.  60.632(c), paragraph (b)(4) of this section, and 
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 130]]

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 131]]

    (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 132]]

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 133]]

[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 134]]

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 135]]

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 136]]

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 137]]

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. Sec.  60.642 (a) and (b) and 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 138]]

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 139]]


    (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 140]]

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 141]]

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. Sec.  60.8 and 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 142]]

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 143]]

    (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 144]]

[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 145]]

    (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 = 2.494 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.  60.664(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 146]]

          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 147]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.034


[[Page 148]]


[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 149]]

    (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 150]]

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 151]]

    (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 152]]

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 153]]

    (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 154]]

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 155]]

 
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 156]]

    (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 157]]

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 158]]

    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 159]]

    (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 160]]

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 161]]

    (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 162]]

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 163]]

    (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 164]]

    (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 165]]

    (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 166]]



    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.
                                                                                          Sec.   60.674(b) and
                                                                                          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 167]]

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 168]]

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, 6 x 10-5 (min-Mg)/(hr-g) [3 x 
          10-2 (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 169]]

    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 170]]

    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 171]]

    (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 172]]

    (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 173]]

    (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 174]]

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.  60.692-3 or Sec.  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 175]]

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 176]]

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 177]]

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.  60.692, Sec.  60.693, or Sec.  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 178]]

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 179]]

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 180]]

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 181]]

    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 182]]

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. Sec.  60.8 and 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 183]]

    (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 184]]

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 185]]

Qi, Qo = Flow rate of gas stream at the inlet and 
          outlet of the control device, respectively, dscm/min (dscf/
          hr).
K2 = Constant, 2.494 x 10-6 (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. Sec.  60.700(c)(2) and 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 186]]

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, 1.740 x 10-7 (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, 2.494 x 10-6 (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 187]]

          [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 188]]

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 189]]

    (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 190]]

    (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 191]]

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 192]]

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 193]]

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 194]]

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 195]]

 
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 196]]



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 197]]

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 198]]

    (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 199]]

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 200]]

 
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 201]]

 
    (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 202]]



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 203]]

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 204]]

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 205]]

[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 206]]

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 207]]

    (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 208]]



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 209]]

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 210]]

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 211]]

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 212]]

    (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 213]]



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, but before June 21, 2022.

[53 FR 2676, Jan. 29, 1988, as amended at 88 FR 18065, Mar. 27, 2023]



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 products classified as: electronic computing devices; 
calculating and accounting machines; telephone equipment; office 
machines; and photocopy machines.
    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.
    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.


[[Page 214]]


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; 88 
FR 18065, Mar. 27, 2023]



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) through (i) 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 of 
appendix A-7 to this part or an acceptable alternative method, from data 
that have been determined by the coating manufacturer using Method 24 or 
an acceptable alternative method. Acceptable alternative methods to 
Method 24 include: ASTM D2369-20; ASTM D2697-22; and ASTM D6093-97 (all 
incorporated by reference; see Sec.  60.17).
    (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 nominal 
1-month period for each affected facility. Each 1-month calculation is 
considered a performance test.

[[Page 215]]

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 to 
paragraph (b)(2)(i)(D) of this section 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:

                  Equation 3 to Paragraph (b)(2)(i)(D)
[GRAPHIC] [TIFF OMITTED] TR27MR23.002


[[Page 216]]


    Where n is the number of coatings of each type used and p is the 
number of application methods used.


        Table 1 to Paragraph (b)(2)(i)(D)--Transfer Efficiencies
------------------------------------------------------------------------
                                       Transfer
         Application methods          efficiency      Type of coating
------------------------------------------------------------------------
(1) Air atomized spray..............        0.25  Prime, color, texture,
                                                   touch-up, and fog
                                                   coats.
(2) Air-assisted airless spray......        0.40  Prime and color coats.
(3) Electrostatic air spray.........        0.40  Prime and color coats.
------------------------------------------------------------------------

    (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 
following equation:

                  Equation 4 to Paragraph (b)(2)(i)(E)
[GRAPHIC] [TIFF OMITTED] TR27MR23.003

Where 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 on a case-by-case 
basis.

[53 FR 2676, Jan. 29, 1988, as amended at 65 FR 61778, Oct. 17, 2000; 88 
FR 18065, Mar. 27, 2023]



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.

[[Page 217]]

    (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 of appendix A-7 
to this part or an acceptable alternative method, and the lowest 
transfer efficiency at which each coating is applied during the initial 
nominal 1-month period. Acceptable alternative methods to Method 24 
include: ASTM D2369-20; ASTM D2697-22; and ASTM D6093-97 (all 
incorporated by reference; see Sec.  60.17).
    (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 1-month period. Statements of compliance shall be 
submitted on a semiannual basis.
    (c) Before May 26, 2023, performance test reports, quarterly reports 
of noncompliance, and semiannual statements of compliance shall be 
postmarked not later than 10 days after the end of the periods specified 
in paragraphs (b)(1) and (2) of this section. Beginning May 26, 2023, 
performance test reports, quarterly reports of noncompliance, and 
semiannual statements of compliance shall be submitted as a portable 
document format (PDF) upload not later than 10 days after the end of the 
periods specified in paragraphs (b)(1) and (2) of this section, 
according to paragraph (f) of this section.
    (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) Monitoring, reporting, and recordkeeping requirements for 
facilities using add-on controls will be determined by the Administrator 
on a case-by-case basis.
    (f) Beginning May 26, 2023, the owner or operator must submit all 
subsequent performance test reports, quarterly reports of noncompliance, 
and semiannual statements in PDF format to the EPA via the Compliance 
and Emissions Data Reporting Interface (CEDRI), which can be accessed 
through EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The 
EPA will make all the information submitted through CEDRI available to 
the public without further notice to you. Do not use CEDRI to submit 
information you claim as Confidential Business Information (CBI). 
Although we do not expect persons to assert a claim of CBI, if you wish 
to assert a CBI claim for some of the information in the report, you 
must submit a complete file, including information claimed to be CBI, to 
the EPA following the procedures in paragraphs (f)(1) and (2) of this 
section. Clearly mark the part or all of the information that you claim 
to be CBI. Information not marked as CBI may be authorized for public 
release without prior notice. Information marked as CBI will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2. All CBI claims must be asserted at the time of submission. Anything 
submitted using CEDRI cannot later be claimed CBI. Furthermore, under 
CAA section 114(c), emissions data is not entitled to confidential 
treatment, and the EPA is required to make emissions data available to 
the public. Thus, emissions data will not be protected as CBI and will 
be made publicly available. You must submit the same file submitted to 
the CBI office with the CBI omitted to the EPA via the EPA's CDX as 
described earlier in this paragraph (f).
    (1) The preferred method to receive CBI is for it to be transmitted 
electronically using email attachments, File Transfer Protocol, or other 
online file sharing services. Electronic submissions must be transmitted 
directly

[[Page 218]]

to the OAQPS CBI Office at the email address [email protected], and as 
described in this paragraph (f), should include clear CBI markings and 
be flagged to the attention of the Surface Coating of Plastic Parts for 
Business Machines Sector Lead. If assistance is needed with submitting 
large electronic files that exceed the file size limit for email 
attachments, and if you do not have your own file sharing service, 
please email [email protected] to request a file transfer link.
    (2) If you cannot transmit the file electronically, you may send CBI 
information through the postal service to the following address: OAQPS 
Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, Attention Surface 
Coating of Plastic Parts for Business Machines Sector Lead. The mailed 
CBI material should be double wrapped and clearly marked. Any CBI 
markings should not show through the outer envelope.
    (3) If you are required to electronically submit a notification or 
report by this paragraph (f) through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the electronic submittal requirement. To assert a claim of EPA system 
outage, you must meet the requirements outlined in paragraphs (f)(3)(i) 
through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI and 
submitting a required notification or report within the time prescribed 
due to an outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time 
beginning 5 business days prior to the date that the notification or 
report is due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (v) You must provide to the Administrator a written description 
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (B) A rationale for attributing the delay in submitting beyond the 
regulatory deadline to EPA system outage;
    (C) Measures taken or to be taken to minimize the delay in 
submitting; and
    (D) The date by which you propose to submit, or if you have already 
met the electronic submittal requirement in this paragraph (f) at the 
time of the notification, the date you submitted the notification or 
report.
    (vi) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (vii) In any circumstance, the notification or report must be 
submitted electronically as soon as possible after the outage is 
resolved.
    (4) If you are required to electronically submit a notification or 
report by this paragraph (f) through CEDRI in the EPA's CDX, you may 
assert a claim of force majeure for failure to timely comply with the 
electronic submittal requirement. To assert a claim of force majeure, 
you must meet the requirements outlined in paragraphs (f)(4)(i) through 
(v) of this section.
    (i) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as 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 you from complying with the requirement to submit a 
notification or report electronically within the time period prescribed. 
Examples of such events are acts of nature (e.g., hurricanes, 
earthquakes, or floods), acts of war or terrorism, or equipment failure 
or safety hazard beyond the control of the affected facility (e.g., 
large scale power outage).
    (ii) You must submit notification to the Administrator in writing as 
soon as possible following the date you first

[[Page 219]]

knew, or through due diligence should have known, that the event may 
cause or has caused a delay in submitting through CEDRI.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) The date by which you propose to submit the notification or 
report, or if you have already met the electronic submittal requirement 
in this paragraph (f) at the time of the notification, the date you 
submitted the notification or report.
    (iv) The decision to accept the claim of force majeure and allow an 
extension to the submittal deadline is solely within the discretion of 
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
    (g) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and reports 
available upon request to a delegated air agency or the EPA as part of 
an on-site compliance evaluation.

[53 FR 2676, Jan. 29, 1988, as amended at 65 FR 61778, Oct. 17, 2000; 88 
FR 18066, Mar. 27, 2023]



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. Acceptable 
alternative methods to Method 24 of appendix A-7 to this part include: 
ASTM D2369-20; ASTM D2697-22; and ASTM D6093-97 (all incorporated by 
reference; see Sec.  60.17).

[53 FR 2676, Jan. 29, 1988, as amended at 88 FR 18067, Mar. 27, 2023]



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:
    (1) Section 60.723(b)(1).
    (2) Section 60.723(b)(2)(i)(C).
    (3) Section 60.723(b)(2)(iv).
    (4) Section 60.724(b).
    (5) Section 60.724(e).
    (6) Section 60.724(f).
    (7) Section 60.725(b).

[53 FR 2676, Jan. 29, 1988, as amended at 53 FR 19300, May 27, 1988; 88 
FR 18067, Mar. 27, 2023]



 Subpart TTTa_Standards of Performance for Industrial Surface Coating: 
    Surface Coating of Plastic Parts for Business Machines for Which 
 Construction, Reconstruction, or Modification Commenced After June 21, 
                                  2022

    Source: 88 FR 18067, Mar. 27, 2023, unless otherwise noted.



Sec.  60.720a  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 June 21, 
2022.

[[Page 220]]



Sec.  60.721a  Definitions.

    (a) As used in this subpart, all terms not defined in this subpart 
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 products classified as: electronic computing devices; 
calculating and accounting machines; telephone equipment; office 
machines; and photocopy machines.
    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 Sec.  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.
    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 in this paragraph 
(b) 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).

[[Page 221]]

    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).



Sec.  60.722a  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 at all times 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) 1.4 kilograms of VOC's per liter of coating solids applied from 
prime coating of plastic parts for business machines.
    (2) 1.4 kilograms of VOC's per liter of coating solids applied from 
color coating of plastic parts for business machines.
    (3) 1.4 kilograms of VOC's per liter of coating solids applied from 
texture coating of plastic parts for business machines.
    (4) 1.4 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.  60.723a  Performance tests and compliance provisions.

    (a) Section 60.8(c) through (i) 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 of 
appendix A-7 to this part or an acceptable alternative method, from data 
that have been determined by the coating manufacturer using Method 24 or 
an acceptable alternative method. Acceptable alternative methods to 
Method 24 include: ASTM D2369-20; ASTM D2697-22; and ASTM D6093-97 (all 
incorporated by reference; see Sec.  60.17).
    (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 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:


[[Page 222]]



                  Equation 1 to Paragraph (b)(2)(i)(A)
[GRAPHIC] [TIFF OMITTED] TR27MR23.004

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:

                  Equation 2 to Paragraph (b)(2)(i)(B)
[GRAPHIC] [TIFF OMITTED] TR27MR23.005

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 to 
paragraph (b)(2)(i)(D) of this section 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 in table 1 to 
paragraph (b)(2)(i)(D) 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:

                  Equation 3 to Paragraph (b)(2)(i)(D)
[GRAPHIC] [TIFF OMITTED] TR27MR23.006


[[Page 223]]


Where n is the number of coatings of each type used and p is the number 
          of application methods used.


        Table 1 to Paragraph (b)(2)(i)(D)--Transfer Efficiencies
------------------------------------------------------------------------
                                       Transfer
        Application methods           efficiency       Type of coating
------------------------------------------------------------------------
(1) Air atomized spray............            0.25  Prime, color,
                                                     texture, touch-up,
                                                     and fog coats.
(2) Air-assisted airless spray....            0.40  Prime and color
                                                     coats.
(3) Electrostatic air spray.......            0.40  Prime and color
                                                     coats.
------------------------------------------------------------------------

    (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 
following equation:



                  Equation 4 to Paragraph (b)(2)(i)(E)
[GRAPHIC] [TIFF OMITTED] TR27MR23.007

Where 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 on a case-by-case 
basis.
    (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.



Sec.  60.724a  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

[[Page 224]]

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 of appendix A-7 
to this part or an acceptable alternative method, and the lowest 
transfer efficiency at which each coating is applied during the initial 
nominal 1-month period. Acceptable alternative methods to Method 24 
include: ASTM D2369-20; ASTM D2697-22; and ASTM D6093-97 (all 
incorporated by reference; see Sec.  60.17).
    (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 1-month period. Statements of compliance shall be 
submitted on a semiannual basis.
    (c) Performance test reports, quarterly reports of noncompliance, 
and semiannual statements of compliance shall be submitted as a portable 
document format (PDF) upload not later than 10 days after the end of the 
periods specified in paragraphs (b)(1) and (2) of this section, 
according to paragraph (f) of this section.
    (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 
Sec.  60.7(d).
    (e) Monitoring, reporting and recordkeeping requirements for 
facilities using add-on controls will be determined by the Administrator 
on a case-by-case basis.
    (f) The owner or operator must submit all performance test reports, 
quarterly reports of noncompliance, and semiannual statements in PDF 
format to the EPA via the Compliance and Emissions Data Reporting 
Interface (CEDRI), which can be accessed through EPA's Central Data 
Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the 
information submitted through CEDRI available to the public without 
further notice to you. Do not use CEDRI to submit information you claim 
as Confidential Business Information (CBI). Although we do not expect 
persons to assert a claim of CBI, if you wish to assert a CBI claim for 
some of the information in the report, you must submit a complete file, 
including information claimed to be CBI, to the EPA following the 
procedures in paragraphs (f)(1) and (2) of this section. Clearly mark 
the part or all of the information that you claim to be CBI. Information 
not marked as CBI may be authorized for public release without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. All CBI claims 
must be asserted at the time of submission. Anything submitted using 
CEDRI cannot later be claimed CBI. Furthermore, under CAA section 
114(c), emissions data is not entitled to confidential treatment, and 
the EPA is required to make emissions data available to the public. 
Thus, emissions data will not be protected as CBI and will be made 
publicly available. You must submit the same file submitted to the CBI 
office with the CBI omitted to the EPA via the EPA's CDX as described 
earlier in this paragraph (f).
    (1) The preferred method to receive CBI is for it to be transmitted 
electronically using email attachments, File Transfer Protocol, or other 
online

[[Page 225]]

file sharing services. Electronic submissions must be transmitted 
directly to the OAQPS CBI Office at the email address [email protected], 
and as described in this paragraph (f), should include clear CBI 
markings and be flagged to the attention of the Surface Coating of 
Plastic Parts for Business Machines Sector Lead. If assistance is needed 
with submitting large electronic files that exceed the file size limit 
for email attachments, and if you do not have your own file sharing 
service, please email [email protected] to request a file transfer link.
    (2) If you cannot transmit the file electronically, you may send CBI 
information through the postal service to the following address: OAQPS 
Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, Attention Surface 
Coating of Plastic Parts for Business Machines Sector Lead. The mailed 
CBI material should be double wrapped and clearly marked. Any CBI 
markings should not show through the outer envelope.
    (3) If you are required to electronically submit a notification or 
report by this paragraph (f) through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the electronic submittal requirement. To assert a claim of EPA system 
outage, you must meet the requirements outlined in paragraphs (f)(3)(i) 
through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI and 
submitting a required notification or report within the time prescribed 
due to an outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time 
beginning 5 business days prior to the date that the notification or 
report is due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (v) You must provide to the Administrator a written description 
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (B) A rationale for attributing the delay in submitting beyond the 
regulatory deadline to EPA system outage;
    (C) Measures taken or to be taken to minimize the delay in 
submitting; and
    (D) The date by which you propose to submit, or if you have already 
met the electronic submittal requirement in this paragraph (f) at the 
time of the notification, the date you submitted the notification or 
report.
    (vi) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (vii) In any circumstance, the notification or report must be 
submitted electronically as soon as possible after the outage is 
resolved.
    (4) If you are required to electronically submit a notification or 
report by this paragraph (f) through CEDRI in the EPA's CDX, you may 
assert a claim of force majeure for failure to timely comply with the 
electronic submittal requirement. To assert a claim of force majeure, 
you must meet the requirements outlined in paragraphs (f)(4)(i) through 
(v) of this section.
    (i) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as 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 you from complying with the requirement to submit a 
notification or report electronically within the time period prescribed. 
Examples of such events are acts of nature (e.g., hurricanes, 
earthquakes, or floods), acts of war or terrorism, or equipment failure 
or safety hazard beyond the control of the affected facility (e.g., 
large scale power outage).

[[Page 226]]

    (ii) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in submitting through CEDRI.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) The date by which you propose to submit the notification or 
report, or if you have already met the electronic submittal requirement 
in this paragraph (f) at the time of the notification, the date you 
submitted the notification or report.
    (iv) The decision to accept the claim of force majeure and allow an 
extension to the submittal deadline is solely within the discretion of 
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
    (g) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and reports 
available upon request to a delegated air agency or the EPA as part of 
an on-site compliance evaluation.



Sec.  60.725a  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 of appendix A-7 to this part 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. Acceptable 
alternative methods to Method 24 include: ASTM D2369-20; ASTM D2697-22; 
and ASTM D6093-97 (all incorporated by reference; see Sec.  60.17).



Sec.  60.726a  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:
    (1) Section 60.723a(b)(1).
    (2) Section 60.723a(b)(2)(i)(C).
    (3) Section 60.723a(b)(2)(iv).
    (4) Section 60.724a(b).
    (5) Section 60.724a(e).
    (6) Section 60.724a(f).
    (7) Section 60.725a(b).



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

[[Page 227]]

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 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

[[Page 228]]

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.
    (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.

[[Page 229]]

    (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.



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

[[Page 230]]

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 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.

[[Page 231]]

    (b) The nomenclature used in this subpart has the following meaning:

Ak = the area of each natural draft opening (k) in a total 
          enclosure, in square meters.
Caj = the concentration of VOC in each gas stream (j) exiting 
          the emission control device, in parts per million by volume.
Cbi = the concentration of VOC in each gas stream (i) 
          entering the emission control device, in parts per million by 
          volume.
Cdi = the concentration of VOC in each gas stream (i) 
          entering the emission control device from the affected coating 
          operation, in parts per million by volume.
Cfk = the concentration of VOC in each uncontrolled gas 
          stream (k) emitted directly to the atmosphere from the 
          affected coating operation, in parts per million by volume.
Cgv = the concentration of VOC in the gas stream entering 
          each individual carbon adsorber vessel (v), in parts per 
          million by volume. For purposes of calculating the efficiency 
          of the individual adsorber vessel, Cgv may be 
          measured in the carbon adsorption system's common inlet duct 
          prior to the branching of individual inlet ducts.
Chv = the concentration of VOC in the gas stream exiting each 
          individual carbon 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.


[[Page 232]]


    (c) Tables 1a and 1b present a cross reference of the affected 
facility status and the relevant section(s) of the regulation.

                     Table 1a--Cross Reference \a b\
------------------------------------------------------------------------
                                                         Compliance
              Status                   Standard        provisions Sec.
                                                           60.743
------------------------------------------------------------------------
A. Coating operation:
    1. If projected VOC use is     Sec.             Not applicable.
     <95 Mg/yr.                     60.740(b):
                                    Monitor VOC
                                    use.
    2. If projected VOC use is     Sec.             (a)(1), (a)(2),
     =95 Mg/yr.          60.742(b)(1):    (a)(3), or (a)(4);
                                    Reduce VOC
                                    emissions to
                                    the atmosphere
                                    from the
                                    coating
                                    operation by
                                    at least 90
                                    percent; or.
                                   Sec.             (b), (e).
                                    60.742(b)(2):
                                    Install,
                                    operate, and
                                    maintain a
                                    total
                                    enclosure
                                    around the
                                    coating
                                    operation and
                                    vent the
                                    captured VOC
                                    emissions from
                                    the total
                                    enclosure to a
                                    control device
                                    that is at
                                    least 95
                                    percent
                                    efficient.
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.

[[Page 233]]

 
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.
    (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

[[Page 234]]

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.
    (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:

[[Page 235]]

[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.
    (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

[[Page 236]]

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 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

[[Page 237]]

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.
    (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
    

[[Page 238]]


    (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 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

[[Page 239]]

(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 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

[[Page 240]]

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.
    (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. Sec.  60.743 and 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

[[Page 241]]

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;
    (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.

[[Page 242]]

    (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 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

[[Page 243]]

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:
    (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 
That Commenced Construction, Reconstruction, or Modification on or After 
                 May 30, 1991, but Before July 18, 2014

    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, but before July 18, 2014.
    (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,

[[Page 244]]

or State remedial action are not considered construction, 
reconstruction, or modification for purposes of this subpart.
    (d) An affected municipal solid waste landfill must continue to 
comply with this subpart until it:
    (1) Becomes subject to the more stringent requirements in an 
approved and effective state or federal plan that implements subpart Cf 
of this part, or
    (2) Modifies or reconstructs after July 17, 2014, and thus becomes 
subject to subpart XXX of this part.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998; 85 
FR 17260, Mar. 26, 2020]



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.
    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

[[Page 245]]

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 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

[[Page 246]]

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. Sec.  60.752(b) through 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.
    (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

[[Page 247]]

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.
    (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.

[[Page 248]]

    (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
    (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;

[[Page 249]]

    (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.
    (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 i\th\ section, megagrams
ti = age of the i\th\ section, years

[[Page 250]]

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
3.6 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 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 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

[[Page 251]]

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 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

[[Page 252]]

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 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

[[Page 253]]

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 i\th\ section, megagrams
ti = age of the i\th\ 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), 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

[[Page 254]]

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 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.

[[Page 255]]

    (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, 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

[[Page 256]]

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. Sec.  60.753 
through 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 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.

[[Page 257]]

    (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 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

[[Page 258]]

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 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

[[Page 259]]

    (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).
    (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

[[Page 260]]

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 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

[[Page 261]]

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:

Qi = 2 k Lo Mi (e-kt i) 
(CNMOC) (3.6 x 10-9)

where,

Qi = NMOC emission rate from the i\th\ 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 i\th\ section, 
          megagram
ti = age of the solid waste in the i\th\ section, years
CNMOC = concentration of nonmethane organic compounds, parts 
          per million by volume
3.6 x 10-9 = 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

[[Page 262]]

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]



Subpart XXX_Standards of Performance for Municipal Solid Waste Landfills 
That Commenced Construction, Reconstruction, or Modification After July 
                                17, 2014

    Source: 81 FR 59368, Aug. 29, 2016, unless otherwise noted.



Sec.  60.760  Applicability, designation of affected source, and 
delegation of authority.

    (a) The provisions of this subpart apply to each municipal solid 
waste landfill that commenced construction, reconstruction, or 
modification after July 17, 2014. Physical or operational changes made 
to an MSW landfill solely to comply with subparts Cc, Cf, or WWW of this 
part are not considered construction, reconstruction, or modification 
for the purposes of this section.
    (b) The following authorities are retained by the Administrator and 
are not transferred to the state: Sec.  60.764(a)(5).
    (c) Activities required by or conducted pursuant to a Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 
Resource Conservation and Recovery Act (RCRA), or state remedial action 
are not considered construction, reconstruction, or modification for 
purposes of this subpart.



Sec.  60.761  Definitions.

    As used in this subpart, all terms not defined herein 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 area means a separately lined area of an MSW landfill in 
which solid waste is no longer being placed. If additional solid waste 
is placed in that area of the landfill, that landfill area is no longer 
closed. The area must be separately lined to ensure that the landfill 
gas does not migrate between open and closed areas.
    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.

[[Page 263]]

    Closure means that point in time when a landfill becomes a closed 
landfill.
    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 either Sec.  60.762(b)(2)(i), 40 CFR part 
60, subpart WWW, or a Federal plan or EPA approved and effective state 
plan or tribal plan that implements either 40 CFR part 60, subparts Cc 
or Cf, whichever regulation first required submission of a collection 
and control system design plan for the landfill.
    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.
    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.
    Gust means the highest instantaneous wind speed that occurs over a 
3-second running average.
    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). Household waste does not include fully 
segregated yard waste. Segregated yard waste means vegetative matter 
resulting exclusively from the cutting of grass, the pruning and/or 
removal of bushes, shrubs, and trees, the weeding of gardens, and other 
landscaping maintenance activities. Household waste does not include 
construction, renovation, or demolition wastes, even if originating from 
a household.
    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 chapter. 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

[[Page 264]]

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.
    Leachate recirculation means the practice of taking the leachate 
collected from the landfill and reapplying it to the landfill by any of 
one of a variety of methods, including pre-wetting of the waste, direct 
discharge into the working face, spraying, infiltration ponds, vertical 
injection wells, horizontal gravity distribution systems, and pressure 
distribution systems.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either lateral or vertical expansion based 
on its permitted design capacity as of July 17, 2014. Modification does 
not occur until the owner or operator commences construction on the 
lateral 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 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.  60.764.
    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.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing causes, of positive pressure at a wellhead.
    Segregated yard waste means vegetative matter resulting exclusively 
from the cutting of grass, the pruning and/or removal of bushes, shrubs, 
and trees, the weeding of gardens, and other landscaping maintenance 
activities.
    Sludge means the term sludge as defined in 40 CFR 258.2.
    Solid waste means the term solid waste as defined in 40 CFR 258.2.
    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.
    Treated landfill gas means landfill gas processed in a treatment 
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and 
compresses landfill gas for sale or beneficial use.
    Untreated landfill gas means any landfill gas that is not treated 
landfill gas.

[81 FR 59368, Aug. 29, 2016, as amended at 87 FR 8202, Feb. 14, 2022]

[[Page 265]]



Sec.  60.762  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 must submit an initial design capacity report to the 
Administrator as provided in Sec.  60.767(a). The landfill may calculate 
design capacity in either megagrams or cubic meters for comparison with 
the exemption values. Any density conversions must be documented and 
submitted with the report. Submittal of the initial design capacity 
report fulfills the requirements of this subpart except as provided for 
in paragraphs (a)(1) and (2) of this section.
    (1) The owner or operator must submit to the Administrator an 
amended design capacity report, as provided for in Sec.  60.767(a)(3).
    (2) When an increase in the maximum design capacity of a landfill 
exempted from the provisions of Sec. Sec.  60.762(b) through 60.769 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 must comply with the provisions of paragraph (b) of this 
section.
    (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, must either comply with paragraph (b)(2) of this section 
or calculate an NMOC emission rate for the landfill using the procedures 
specified in Sec.  60.764. The NMOC emission rate must be recalculated 
annually, except as provided in Sec.  60.767(b)(1)(ii). 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 34 megagrams 
per year, the owner or operator must:
    (i) Submit an annual NMOC emission rate emission report to the 
Administrator, except as provided for in Sec.  60.767(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec.  60.764(a)(1) until such time as the 
calculated NMOC emission rate is equal to or greater than 34 megagrams 
per year, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation 
or annual recalculation required in paragraph (b) of this section, is 
equal to or greater than 34 megagrams per year, the owner or operator 
must either: Comply with paragraph (b)(2) of this section; calculate 
NMOC emissions using the next higher tier in Sec.  60.764; or conduct a 
surface emission monitoring demonstration using the procedures specified 
in Sec.  60.764(a)(6).
    (B) If the landfill is permanently closed, a closure report must be 
submitted to the Administrator as provided for in Sec.  60.767(e).
    (2) If the calculated NMOC emission rate is equal to or greater than 
34 megagrams per year using Tier 1, 2, or 3 procedures, the owner or 
operator must either:
    (i) Calculated NMOC Emission Rate. Submit an initial or revised 
collection and control system design plan prepared by a professional 
engineer to the Administrator as specified in Sec.  60.767(c) or (d); 
calculate NMOC emissions using the next higher tier in Sec.  60.764; or 
conduct a surface emission monitoring demonstration using the procedures 
specified in Sec.  60.764(a)(6). The collection and control system must 
meet the requirements in paragraphs (b)(2)(ii) and (iii) of this 
section.
    (ii) Collection system. Install and start up a collection and 
control system that captures the gas generated within the landfill as 
required by paragraphs (b)(2)(ii)(C) or (D) and (b)(2)(iii) of this 
section within 30 months after:
    (A) The first annual report submitted under this subpart or part 62 
of this subchapter in which the NMOC emission rate equals or exceeds 34 
megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that 
the NMOC emission rate is less than 34 megagrams per year, as specified 
in Sec.  60.767(c)(4); or
    (B) The most recent NMOC emission rate report in which the NMOC 
emission rate equals or exceeds 34

[[Page 266]]

megagrams per year based on Tier 2, if the Tier 4 surface emissions 
monitoring shows a surface methane emission concentration of 500 parts 
per million methane or greater as specified in Sec.  60.767(c)(4)(iii).
    (C) An active collection system must:
    (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 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 5 years or more if active; or 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.
    (D) A passive collection system must:
    (1) Comply with the provisions specified in paragraphs 
(b)(2)(ii)(C)(1), (2), and (3) of this section.
    (2) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners must be installed as 
required under 40 CFR 258.40.
    (iii) Control system. 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) A non-enclosed flare designed and operated in accordance with 
the parameters established in Sec.  60.18 except as noted in Sec.  
60.764(e); or
    (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 must 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.  
60.764(d). The performance test is not required for boilers and process 
heaters with design heat input capacities equal to or greater than 44 
megawatts that burn landfill gas for compliance with this subpart.
    (1) If a boiler or process heater is used as the control device, the 
landfill gas stream must be introduced into the flame zone.
    (2) The control device must 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.  60.766;
    (C) Route the collected gas to a treatment system that processes the 
collected gas for subsequent sale or beneficial use such as fuel for 
combustion, production of vehicle fuel, production of high-Btu gas for 
pipeline injection, or use as a raw material in a chemical manufacturing 
process. Venting of treated landfill gas to the ambient air is not 
allowed. If the treated landfill gas cannot be routed for subsequent 
sale or beneficial use, then the treated landfill gas must be controlled 
according to either paragraph (b)(2)(iii)(A) or (B) of this section.
    (D) All emissions from any atmospheric vent from the gas treatment 
system are subject to the requirements of paragraph (b)(2)(iii)(A) or 
(B) of this section. For purposes of this subpart, atmospheric vents 
located on the condensate storage tank are not part of the treatment 
system and are exempt from the requirements of paragraph (b)(2)(iii)(A) 
or (B) of this section.
    (iv) Operation. Operate the collection and control device installed 
to comply with this subpart in accordance with the provisions of 
Sec. Sec.  60.763, 60.765, and 60.766; or the provisions of Sec. Sec.  
63.1958, 63.1960, and 63.1961 of this chapter. Once the owner or 
operator begins to comply with the provisions of Sec. Sec.  63.1958, 
63.1960, and 63.1961 of this chapter, the owner or operator must 
continue to operate the collection and control device according to those 
provisions and cannot return to the provisions of Sec. Sec.  60.763, 
60.765, and 60.766.
    (v) Removal criteria. The collection and control system may be 
capped, removed, or decommissioned if the following criteria are met:
    (A) The landfill is a closed landfill (as defined in Sec.  60.761). 
A closure report must be submitted to the Administrator as provided in 
Sec.  60.767(e).

[[Page 267]]

    (B) The collection and control system has been in operation a 
minimum of 15 years or the landfill owner or operator demonstrates that 
the GCCS will be unable to operate for 15 years due to declining gas 
flow.
    (C) Following the procedures specified in Sec.  60.764(b), the 
calculated NMOC emission rate at the landfill is less than 34 megagrams 
per year on three successive test dates. The test dates must 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 Clean Air Act, the owner or operator of an 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 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, and not otherwise subject to 
either part 70 or 71, becomes subject to the requirements of Sec.  
70.5(a)(1)(i) or Sec.  71.5(a)(1)(i) of this chapter, regardless of when 
the design capacity report is actually submitted, no later than:
    (1) November 28, 2016 for MSW landfills that commenced construction, 
modification, or reconstruction after July 17, 2014 but before August 
29, 2016;
    (2) Ninety days after the date of commenced construction, 
modification, or reconstruction for MSW landfills that commence 
construction, modification, or reconstruction after August 29, 2016.
    (d) When an MSW landfill subject to this subpart is closed as 
defined in this subpart, 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
    (2) The owner or operator meets the conditions for control system 
removal specified in paragraph (b)(2)(v) of this section.

[81 FR 59368, Aug. 29, 2016, as amended at 85 FR 17261, Mar. 26, 2020; 
87 FR 8203, Feb. 14, 2022]



Sec.  60.763  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.  60.762(b)(2) 
must:
    (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 must 
record instances when positive pressure occurs in efforts to avoid a 
fire. These records must be submitted with the annual reports as 
provided in Sec.  60.767(g)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator 
must 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 must be approved by the Administrator as specified in Sec.  
60.767(c);
    (c) Operate each interior wellhead in the collection system with a 
landfill gas temperature less than 55 degrees Celsius (131 degrees 
Fahrenheit). The owner or operator may establish a higher operating 
temperature value at a particular well. A higher operating value 
demonstration must be submitted to the Administrator for approval and 
must include supporting data demonstrating that the elevated parameter 
neither causes fires nor significantly inhibits anaerobic decomposition 
by killing methanogens. The

[[Page 268]]

demonstration must satisfy both criteria in order to be approved (i.e., 
neither causing fires nor killing methanogens is acceptable).
    (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 must conduct surface testing using an organic vapor analyzer, 
flame ionization detector, or other portable monitor meeting the 
specifications provided in Sec.  60.765(d). The owner or operator must 
conduct surface testing around the perimeter of the collection area and 
along a pattern that traverses the landfill at no more than 30-meter 
intervals and where visual observations indicate elevated concentrations 
of landfill gas, such as distressed vegetation and cracks or seeps in 
the cover and all cover penetrations. Thus, the owner or operator must 
monitor any openings that are within an area of the landfill where waste 
has been placed and a gas collection system is required. The owner or 
operator may establish an alternative traversing pattern that ensures 
equivalent coverage. A surface monitoring design plan must 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.  
60.762(b)(2)(iii). In the event the collection or control system is not 
operating, the gas mover system must be shut down and all valves in the 
collection and control system contributing to venting of the gas to the 
atmosphere must be closed within 1 hour of the collection or control 
system not operating; and
    (f) Operate the control system at all times when the collected gas 
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in 
paragraphs (b), (c), or (d) of this section are not met, corrective 
action must be taken as specified in Sec.  60.765(a)(3) and (5) or (c). 
If corrective actions are taken as specified in Sec.  60.765, the 
monitored exceedance is not a violation of the operational requirements 
in this section.



Sec.  60.764  Test methods and procedures.

    (a)(1) NMOC emission rate. The landfill owner or operator must 
calculate the NMOC emission rate using either Equation 1 provided in 
paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph 
(a)(1)(ii) of this section. Both Equation 1 and Equation 2 may be used 
if the actual year-to-year solid waste acceptance rate is known, as 
specified in paragraph (a)(1)(i) of this section, 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) of this section, for 
part of the life of the landfill. The values to be used in both Equation 
1 and Equation 2 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 
30-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)(A) Equation 1 must be used if the actual year-to-year solid 
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR29AU16.007

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.

[[Page 269]]

Mi = Mass of solid waste in the i\th\ section, megagrams.
ti = Age of the i\th\ section, years.
CNMOC = Concentration of NMOC, parts per million by volume as 
          hexane.
3.6 x 10-9 = Conversion factor.

    (B) 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)(A) Equation 2 must be used if the actual year-to-year solid 
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR29AU16.008

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 = 0 and 
          e-kc = 1.
3.6 x 10-9 = Conversion factor.

    (B) 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 must compare the calculated NMOC 
mass emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of this 
section is less than 34 megagrams per year, then the landfill owner or 
operator must submit an NMOC emission rate report according to Sec.  
60.767(b), and must recalculate the NMOC mass emission rate annually as 
required under Sec.  60.762(b).
    (ii) If the calculated NMOC emission rate as calculated in paragraph 
(a)(1) of this section is equal to or greater than 34 megagrams per 
year, then the landfill owner must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  60.767(c) and install and operate a gas 
collection and control system within 30 months according to Sec.  
60.762(b)(2)(ii) and (iii);
    (B) Determine a site-specific NMOC concentration and recalculate the 
NMOC emission rate using the Tier 2 procedures provided in paragraph 
(a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the Tier 3 procedures provided 
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The 
landfill owner or operator must install at least two sample probes per 
hectare, evenly distributed over the 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 probes should be evenly 
distributed across the sample area. The sample probes should be located 
to avoid known areas of nondegradable solid waste. The owner or operator 
must 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. 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

[[Page 270]]

the cylinder approaches ambient pressure where measurement accuracy 
diminishes. 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. The sample location on the common 
header pipe must be before any gas moving, condensate removal, or 
treatment system equipment. For active collection systems, a minimum of 
three samples must be collected from the header pipe.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results according to Sec.  60.767(i)(1).
    (ii) The landfill owner or operator must recalculate the NMOC mass 
emission rate using Equation 1 or Equation 2 provided in paragraph 
(a)(1)(i) or (a)(1)(ii) of this section and using the average site-
specific NMOC concentration from the collected samples instead of the 
default value provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 34 
megagrams per year, then the owner or operator must submit a periodic 
estimate of NMOC emissions in an NMOC emission rate report according to 
Sec.  60.767(b)(1), and must recalculate the NMOC mass emission rate 
annually as required under Sec.  60.762(b). The site-specific NMOC 
concentration must be retested every 5 years using the methods specified 
in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration is equal to or greater than 34 
megagrams per year, the landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  60.767(c) and install and operate a gas 
collection and control system within 30 months according to Sec.  
60.762(b)(2)(ii) and (iii);
    (B) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the site-specific methane 
generation rate using the Tier 3 procedures specified in paragraph 
(a)(4) of this section; or
    (C) Conduct a surface emission monitoring demonstration using the 
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must 
be determined using the procedures provided in Method 2E of appendix A 
of this part. The landfill owner or operator must estimate the NMOC mass 
emission rate using Equation 1 or Equation 2 in paragraph (a)(1)(i) or 
(ii) of this section and using a site-specific methane generation rate 
constant, 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 must 
compare the resulting NMOC mass emission rate to the standard of 34 
megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration and Tier 3 site-specific methane 
generation rate is equal to or greater than 34 megagrams per year, the 
owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  60.767(c) and install and operate a gas 
collection and control system within 30 months according to Sec.  
60.762(b)(2)(ii) and (iii); or
    (B) Conduct a surface emission monitoring demonstration using the 
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (ii) If the NMOC mass emission rate is less than 34 megagrams per 
year, then the owner or operator must recalculate the NMOC mass emission 
rate annually using Equation 1 or Equation 2 in paragraph (a)(1) of this 
section and using the site-specific Tier 2 NMOC

[[Page 271]]

concentration and Tier 3 methane generation rate constant and submit a 
periodic NMOC emission rate report as provided in Sec.  60.767(b)(1). 
The calculation of the methane generation rate constant is performed 
only once, and the value obtained from this test must be used in all 
subsequent annual NMOC emission rate calculations.
    (5) Other methods. The owner or operator may use other methods to 
determine the NMOC concentration or a site-specific methane generation 
rate constant as an alternative to the methods required in paragraphs 
(a)(3) and (4) of this section if the method has been approved by the 
Administrator.
    (6) Tier 4. The landfill owner or operator must demonstrate that 
surface methane emissions are below 500 parts per million. Surface 
emission monitoring must be conducted on a quarterly basis using the 
following procedures. Tier 4 is allowed only if the landfill owner or 
operator can demonstrate that NMOC emissions are greater than or equal 
to 34 Mg/yr but less than 50 Mg/yr using Tier 1 or Tier 2. If both Tier 
1 and Tier 2 indicate NMOC emissions are 50 Mg/yr or greater, then Tier 
4 cannot be used. In addition, the landfill must meet the criteria in 
paragraph (a)(6)(viii) of this section.
    (i) The owner or operator must measure surface concentrations of 
methane along the entire perimeter of the landfill and along a pattern 
that traverses the landfill at no more than 30-meter intervals using an 
organic vapor analyzer, flame ionization detector, or other portable 
monitor meeting the specifications provided in Sec.  60.765(d).
    (ii) The background concentration must be determined by moving the 
probe inlet upwind and downwind at least 30 meters from the waste mass 
boundary of the landfill.
    (iii) Surface emission monitoring must be performed in accordance 
with section 8.3.1 of Method 21 of appendix A of this part, except that 
the probe inlet must be placed no more than 5 centimeters above the 
landfill surface; the constant measurement of distance above the surface 
should be based on a mechanical device such as with a wheel on a pole, 
except as described in paragraph (a)(6)(iii)(A) of this section.
    (A) The owner or operator must use a wind barrier, similar to a 
funnel, when onsite average wind speed exceeds 4 miles per hour or 2 
meters per second or gust exceeding 10 miles per hour. Average on-site 
wind speed must also be determined in an open area at 5-minute intervals 
using an on-site anemometer with a continuous recorder and data logger 
for the entire duration of the monitoring event. The wind barrier must 
surround the SEM monitor, and must be placed on the ground, to ensure 
wind turbulence is blocked. SEM cannot be conducted if average wind 
speed exceeds 25 miles per hour.
    (B) Landfill surface areas where visual observations indicate 
elevated concentrations of landfill gas, such as distressed vegetation 
and cracks or seeps in the cover, and all cover penetrations must also 
be monitored using a device meeting the specifications provided in Sec.  
60.765(d).
    (iv) Each owner or operator seeking to comply with the Tier 4 
provisions in paragraph (a)(6) of this section must maintain records of 
surface emission monitoring as provided in Sec.  60.768(g) and submit a 
Tier 4 surface emissions report as provided in Sec.  60.767(c)(4)(iii).
    (v) If there is any measured concentration of methane of 500 parts 
per million or greater from the surface of the landfill, the owner or 
operator must submit a gas collection and control system design plan 
within 1 year of the first measured concentration of methane of 500 
parts per million or greater from the surface of the landfill according 
to Sec.  60.767(c) and install and operate a gas collection and control 
system according to Sec.  60.762(b)(2)(ii) and (iii) within 30 months of 
the most recent NMOC emission rate report in which the NMOC emission 
rate equals or exceeds 34 megagrams per year based on Tier 2.
    (vi) If after four consecutive quarterly monitoring periods at a 
landfill, other than a closed landfill, there is no measured 
concentration of methane of 500 parts per million or greater from the 
surface of the landfill, the owner or operator must continue quarterly 
surface emission monitoring using the methods specified in this section.
    (vii) If after four consecutive quarterly monitoring periods at a 
closed

[[Page 272]]

landfill there is no measured concentration of methane of 500 parts per 
million or greater from the surface of the landfill, the owner or 
operator must conduct annual surface emission monitoring using the 
methods specified in this section.
    (viii) If a landfill has installed and operates a collection and 
control system that is not required by this subpart, then the collection 
and control system must meet the following criteria:
    (A) The gas collection and control system must have operated for 
6,570 out of 8,760 hours preceding the Tier 4 surface emissions 
monitoring demonstration.
    (B) During the Tier 4 surface emissions monitoring demonstration, 
the gas collection and control system must operate as it normally would 
to collect and control as much landfill gas as possible.
    (b) After the installation and startup of a collection and control 
system in compliance with this subpart, the owner or operator must 
calculate the NMOC emission rate for purposes of determining when the 
system can be capped, removed or decommissioned as provided in Sec.  
60.762(b)(2)(v), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29AU16.009

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, must be 
determined by measuring the total landfill gas flow rate at the common 
header pipe that leads to the control system using a gas flow measuring 
device calibrated according to the provisions of section 10 of Method 2E 
of appendix A of this part.
    (2) The average NMOC concentration, CNMOC, must 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 25 or Method 25C. The sample location on 
the common header pipe must be before any condensate removal or other 
gas refining units. The landfill owner or operator must divide the NMOC 
concentration from Method 25 or 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.
    (i) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results of the performance test, including any associated fuel analyses, 
according to Sec.  60.767(i)(1).
    (ii) [Reserved]
    (c) When calculating emissions for Prevention of Significant 
Deterioration purposes, the owner or operator of each MSW landfill 
subject to the provisions of this subpart must estimate the NMOC 
emission rate for comparison to the Prevention of Significant 
Deterioration major source and significance levels in Sec. Sec.  51.166 
or 52.21 of this chapter using Compilation of Air Pollutant Emission 
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other 
approved measurement procedures.
    (d) For the performance test required in Sec.  60.762(b)(2)(iii)(B), 
Method 25 or 25C (Method 25C may be used at the inlet only) of appendix 
A of this part must be used to determine compliance with the 98 weight-
percent efficiency or the 20 parts per million by volume outlet 
concentration level, unless another method to demonstrate compliance has 
been approved by the Administrator as provided by Sec.  60.767(c)(2). 
Method 3, 3A, or 3C must be used to determine oxygen for correcting the 
NMOC concentration as hexane to 3 percent. In

[[Page 273]]

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. 
Method 18 may be used in conjunction with Method 25A on a limited basis 
(compound specific, e.g., methane) or Method 3C may be used to determine 
methane. The methane as carbon should be subtracted from the Method 25A 
total hydrocarbon value as carbon to give NMOC concentration as carbon. 
The landowner or operator must divide the NMOC concentration as carbon 
by 6 to convert from the CNMOC as carbon to CNMOC as hexane. Equation 4 
must be used to calculate efficiency:
[GRAPHIC] [TIFF OMITTED] TR29AU16.010

Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.
    (e) For the performance test required in Sec.  60.762(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).
    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results of the performance tests, including any associated fuel 
analyses, required by Sec.  60.764(b) or (d) according to Sec.  
60.767(i)(1).
    (2) [Reserved]



Sec.  60.765  Compliance provisions.

    (a) Except as provided in Sec.  60.767(c)(2), the specified methods 
in paragraphs (a)(1) through (6) of this section must be used to 
determine whether the gas collection system is in compliance with Sec.  
60.762(b)(2)(ii).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec.  60.762(b)(2)(ii)(C)(1), either Equation 5 or Equation 6 must be 
used. The methane generation rate constant (k) and methane generation 
potential (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.  
60.764(a)(4), the value of k determined from the test must be used. A 
value of no more than 15 years must 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:
    [GRAPHIC] [TIFF OMITTED] TR29AU16.011
    
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

[[Page 274]]

          closure, t is the age of the landfill at installation, years.
c = Time since closure, years (for an active landfill c = 0 and 
          e-kc = 1).

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR29AU16.012
    
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 i\th\ section, megagrams.
ti = Age of the i\th\ 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, Equation 5 or Equation 6 
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 Equation 5 
or Equation 6 in paragraphs (a)(1)(i) or (ii) of this section or other 
methods must 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.  60.762(b)(2)(ii)(C)(2), the owner 
or operator must 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.  
60.762(b)(2)(ii)(C)(3), the owner or operator must measure gauge 
pressure in the gas collection header applied to each individual well, 
monthly. If a positive pressure exists, action must be initiated to 
correct the exceedance within 5 calendar days, except for the three 
conditions allowed under Sec.  60.763(b). Any attempted corrective 
measure must not cause exceedances of other operational or performance 
standards.
    (i) If negative pressure cannot be achieved without excess air 
infiltration within 15 calendar days of the first measurement of 
positive pressure, the owner or operator must conduct a root cause 
analysis and correct the exceedance as soon as practicable, but no later 
than 60 days after positive pressure was first measured. The owner or 
operator must keep records according to Sec.  60.768(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure measurement for which the root 
cause analysis was required, the owner or operator must also conduct a 
corrective action analysis and develop an implementation schedule to 
complete the corrective action(s) as soon as practicable, but no more 
than 120 days following the positive pressure measurement. The owner or 
operator must submit the items listed in Sec.  60.767(g)(7) as part of 
the next annual report. The owner or operator must keep records 
according to Sec.  60.768(e)(4).
    (iii) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according to 
Sec.  60.767(g)(7) and Sec.  60.767(j). The owner or operator must keep 
records according to Sec.  60.768(e)(5).
    (4) [Reserved]
    (5) For the purpose of identifying whether excess air infiltration 
into the landfill is occurring, the owner or operator must monitor each 
well monthly for temperature as provided in Sec.  60.763(c). If a well 
exceeds the operating parameter for temperature, action must be 
initiated to correct the

[[Page 275]]

exceedance within 5 calendar days. Any attempted corrective measure must 
not cause exceedances of other operational or performance standards.
    (i) If a landfill gas temperature less than 55 degrees Celsius (131 
degrees Fahrenheit) cannot be achieved within 15 calendar days of the 
first measurement of landfill gas temperature greater than 55 degrees 
Celsius (131 degrees Fahrenheit), the owner or operator must conduct a 
root cause analysis and correct the exceedance as soon as practicable, 
but no later than 60 days after a landfill gas temperature greater than 
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The 
owner or operator must keep records according to Sec.  60.768(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure or elevated temperature measurement 
for which the root cause analysis was required, the owner or operator 
must also conduct a corrective action analysis and develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable, but no more than 120 days following the measurement of 
landfill gas temperature greater than 55 degrees Celsius (131 degrees 
Fahrenheit) or positive pressure. The owner or operator must submit the 
items listed in Sec.  60.767(g)(7) as part of the next annual report. 
The owner or operator must keep records according to Sec.  60.768(e)(4).
    (iii) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according to 
Sec.  60.767(g)(7) and Sec.  60.767(j). The owner or operator must keep 
records according to Sec.  60.768(e)(5).
    (6) An owner or operator seeking to demonstrate compliance with 
Sec.  60.762(b)(2)(ii)(C)(4) through the use of a collection system not 
conforming to the specifications provided in Sec.  60.769 must provide 
information satisfactory to the Administrator as specified in Sec.  
60.767(c)(3) demonstrating that off-site migration is being controlled.
    (b) For purposes of compliance with Sec.  60.763(a), each owner or 
operator of a controlled landfill must place each well or design 
component as specified in the approved design plan as provided in Sec.  
60.767(c). Each well must 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) Five (5) years or more if active; or
    (2) Two (2) years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the 
surface methane operational standard as provided in Sec.  60.763(d).
    (1) After installation and startup of the gas collection system, the 
owner or operator must 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 must 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 must be performed in accordance with 
section 8.3.1 of Method 21 of appendix A of this part, except that the 
probe inlet must be placed within 5 to 10 centimeters of the ground. 
Monitoring must be performed during typical meteorological conditions.
    (4) Any reading of 500 parts per million or more above background at 
any location must be recorded as a monitored exceedance and the actions 
specified in paragraphs (c)(4)(i) through (v) of this section must be 
taken. As long as the specified actions are taken, the exceedance is not 
a violation of the operational requirements of Sec.  60.763(d).
    (i) The location of each monitored exceedance must be marked and the 
location and concentration recorded.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in the vicinity of each exceedance 
must be made and the location must be re-

[[Page 276]]

monitored within 10 calendar days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action must be taken and the location 
must 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 must be taken, and no 
further monitoring of that location is required until the action 
specified in paragraph (c)(4)(v) of this section 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 must be re-monitored 1 month from the initial exceedance. If the 
1-month re-monitoring 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 re-
monitoring shows an exceedance, the actions specified in paragraph 
(c)(4)(iii) or (v) of this section must 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 must 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 must 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 or Sec.  60.764(a)(6) must comply with the 
following instrumentation specifications and procedures for surface 
emission monitoring devices:
    (1) The portable analyzer must meet the instrument specifications 
provided in section 6 of Method 21 of appendix A of this part, except 
that ``methane'' replaces all references to ``VOC''.
    (2) The calibration gas must be methane, diluted to a nominal 
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section 8.1 
of Method 21 of appendix A of this part, the instrument evaluation 
procedures of section 8.1 of Method 21 of appendix A of this part must 
be used.
    (4) The calibration procedures provided in sections 8 and 10 of 
Method 21 of appendix A of this part must be followed immediately before 
commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including 
periods of startup, shutdown or malfunction. During periods of startup, 
shutdown, and malfunction, you must comply with the work practice 
specified in Sec.  60.763(e) in lieu of the compliance provisions in 
Sec.  60.765.

[81 FR 59368, Aug. 29, 2016, as amended at 85 FR 17261, Mar. 26, 2020]



Sec.  60.766  Monitoring of operations.

    Except as provided in Sec.  60.767(c)(2):
    (a) Each owner or operator seeking to comply with Sec.  
60.762(b)(2)(ii)(C) for an active gas collection system must 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.  60.765(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as follows:
    (i) The nitrogen level must be determined using Method 3C, unless an 
alternative test method is established as allowed by Sec.  60.767(c)(2).
    (ii) Unless an alternative test method is established as allowed by 
Sec.  60.767(c)(2), the oxygen level must be determined by an oxygen 
meter using Method 3A, 3C, or ASTM D6522-11 (incorporated by reference, 
see Sec.  60.17). Determine the oxygen level by an oxygen meter using 
Method 3A, 3C, or ASTM D6522-11 (if sample location is prior to 
combustion) except that:
    (A) The span must be set between 10 and 12 percent oxygen;

[[Page 277]]

    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required;
    (E) The allowable sample bias, zero drift, and calibration drift are 
10 percent.
    (iii) A portable gas composition analyzer may be used to monitor the 
oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control 
requirements for Method 3A or ASTM D6522-11 (incorporated by reference, 
see Sec.  60.17).
    (3) Monitor temperature of the landfill gas on a monthly basis as 
provided in 60.765(a)(5). The temperature measuring device must be 
calibrated annually using the procedure in 40 CFR part 60, appendix A-1, 
Method 2, section 10.3 such that a minimum of two temperature points, 
bracket within 10 percent of all landfill absolute temperature 
measurements or two fixed points of ice bath and boiling water, 
corrected for barometric pressure, are used.
    (b) Each owner or operator seeking to comply with Sec.  
60.762(b)(2)(iii) using an enclosed combustor must calibrate, 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 the control device and bypass of 
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that must record the flow to the control device at least every 15 
minutes; and
    (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 must 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.  
60.762(b)(2)(iii) using a non-enclosed flare must 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 the flare and bypass of the flare 
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the control device at least every 15 
minutes; and
    (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 must 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.  60.762(b)(2)(iii) using a device other than a non-enclosed flare 
or an enclosed combustor or a treatment system must provide information 
satisfactory to the Administrator as provided in Sec.  60.767(c)(2) 
describing the operation of the control device, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator must 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.  60.769 or seeking to 
monitor alternative parameters to those required by Sec. Sec.  60.763 
through 60.766 must provide information satisfactory to the 
Administrator as provided in Sec.  60.767(c)(2) and (3) describing the 
design and operation of the collection system, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator

[[Page 278]]

may specify additional appropriate monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with 
the 500 parts per million surface methane operational standard in Sec.  
60.763(d) must monitor surface concentrations of methane according to 
the procedures in Sec.  60.765(c) and the instrument specifications in 
Sec.  60.765(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.
    (g) Each owner or operator seeking to demonstrate compliance with 
Sec.  60.762(b)(2)(iii) using a landfill gas treatment system must 
maintain and operate all monitoring systems associated with the 
treatment system in accordance with the site-specific treatment system 
monitoring plan required in Sec.  60.768(b)(5)(ii) and must calibrate, 
maintain, and operate according to the manufacturer's specifications a 
device that records flow to the treatment system and bypass of the 
treatment system (if applicable). The owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the treatment system at least every 15 
minutes; and
    (2) 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 must 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.
    (h) The monitoring requirements of paragraphs (b), (c) (d) and (g) 
of this section apply 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. 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.

[81 FR 59368, Aug. 29, 2016, as amended at 85 FR 63403, Oct. 7, 2020]



Sec.  60.767  Reporting requirements.

    (a) Design capacity report. Each owner or operator subject to the 
requirements of this subpart must submit an initial design capacity 
report to the Administrator.
    (1) Submission. The initial design capacity report fulfills the 
requirements of the notification of the date construction is commenced 
as required by Sec.  60.7(a)(1) and must be submitted no later than:
    (i) November 28, 2016, for landfills that commenced construction, 
modification, or reconstruction after July 17, 2014 but before August 
29, 2016; or
    (ii) Ninety days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction after August 29, 2016.
    (2) Initial design capacity report. The initial design capacity 
report must 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 must be calculated 
using good engineering practices. The calculations must be provided, 
along with the relevant parameters as part of the report. The landfill

[[Page 279]]

may calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. 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. Any density 
conversions must be documented and submitted with the design capacity 
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) Amended design capacity report. An amended design capacity 
report must 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 meet or 
exceed 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.  60.768(f).
    (b) NMOC emission rate report. Each owner or operator subject to the 
requirements of this subpart must submit an NMOC emission rate report 
following the procedure specified in paragraph (i)(2) of this section to 
the Administrator initially and annually thereafter, except as provided 
for in paragraph (b)(1)(ii) 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 must contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec.  60.764(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 must be submitted no later than indicated in paragraphs (b)(1)(i)(A) 
and (B) of this section. Subsequent NMOC emission rate reports must be 
submitted annually thereafter, except as provided for in paragraph 
(b)(1)(ii) of this section.
    (A) November 28, 2016, for landfills that commenced construction, 
modification, or reconstruction after July 17, 2014, but before August 
29, 2016, or
    (B) Ninety days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction after August 29, 2016.
    (ii) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 34 megagrams per year in each 
of the next 5 consecutive years, the owner or operator may elect to 
submit, following the procedure specified in paragraph (i)(2) of this 
section, an estimate of the NMOC emission rate for the next 5-year 
period in lieu of the annual report. This estimate must 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 must be provided to the Administrator. This estimate must 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 must be submitted to the 
Administrator. The revised estimate must 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 must 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 to submit an NMOC emission 
rate report, after installing a collection and control system that 
complies with Sec.  60.762(b)(2), during such time as the collection and 
control system is in operation and in compliance with Sec. Sec.  60.763 
and 60.765.
    (c) Collection and control system design plan. Each owner or 
operator subject to

[[Page 280]]

the provisions of Sec.  60.762(b)(2) must submit a collection and 
control system design plan to the Administrator for approval according 
to the schedule in paragraph (c)(4) of this section. The collection and 
control system design plan must be prepared and approved by a 
professional engineer and must meet the following requirements:
    (1) The collection and control system as described in the design 
plan must meet the design requirements in Sec.  60.762(b)(2).
    (2) The collection and control system design plan must include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping or reporting provisions 
of Sec. Sec.  60.763 through 60.768 proposed by the owner or operator.
    (3) The collection and control system design plan must either 
conform with specifications for active collection systems in Sec.  
60.769 or include a demonstration to the Administrator's satisfaction of 
the sufficiency of the alternative provisions to Sec.  60.769.
    (4) 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 must submit a collection and control system design plan to 
the Administrator for approval within 1 year of the first NMOC emission 
rate report in which the NMOC emission rate equals or exceeds 34 
megagrams per year, except as follows:
    (i) If the owner or operator elects to recalculate the NMOC emission 
rate after Tier 2 NMOC sampling and analysis as provided in Sec.  
60.764(a)(3) and the resulting rate is less than 34 megagrams per year, 
annual periodic reporting must be resumed, using the Tier 2 determined 
site-specific NMOC concentration, until the calculated emission rate is 
equal to or greater than 34 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, must be submitted, 
following the procedures in paragraph (i)(2) of this section, within 180 
days of the first calculated exceedance of 34 megagrams per year.
    (ii) 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.  60.764(a)(4), and the 
resulting NMOC emission rate is less than 34 Mg/yr, annual periodic 
reporting must be resumed. The resulting site-specific methane 
generation rate constant k must 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.  60.764(a)(4) and the resulting site-specific methane 
generation rate constant k must be submitted, following the procedure 
specified in paragraph (i)(2) of this section, to the Administrator 
within 1 year of the first calculated emission rate equaling or 
exceeding 34 megagrams per year.
    (iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts per million 
methane, based on the provisions of Sec.  60.764(a)(6), then the owner 
or operator must submit annually a Tier 4 surface emissions report as 
specified in this paragraph following the procedure specified in 
paragraph (i)(2) of this section until a surface emissions readings of 
500 parts per million methane or greater is found. If the Tier 4 surface 
emissions report shows no surface emissions readings of 500 parts per 
million methane or greater for four consecutive quarters at a closed 
landfill, then the landfill owner or operator may reduce Tier 4 
monitoring from a quarterly to an annual frequency. The Administrator 
may request such additional information as may be necessary to verify 
the reported instantaneous surface emission readings. The Tier 4 surface 
emissions report must clearly identify the location, date and time (to 
nearest second), average wind speeds including wind gusts, and reading 
(in parts per million) of any value 500 parts per million methane or 
greater, other than non-repeatable, momentary readings. For location, 
you must determine the latitude and longitude coordinates using an 
instrument with an accuracy of at least 4 meters. The coordinates must 
be in decimal degrees with at least five decimal places. The Tier 4

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surface emission report must also include the results of the most recent 
Tier 1 and Tier 2 results in order to verify that the landfill does not 
exceed 50 Mg/yr of NMOC.
    (A) The initial Tier 4 surface emissions report must be submitted 
annually, starting within 30 days of completing the fourth quarter of 
Tier 4 surface emissions monitoring that demonstrates that site-specific 
surface methane emissions are below 500 parts per million methane, and 
following the procedure specified in paragraph (i)(2) of this section.
    (B) The Tier 4 surface emissions report must be submitted within 1 
year of the first measured surface exceedance of 500 parts per million 
methane, following the procedure specified in paragraph (i)(2) of this 
section.
    (5) The landfill owner or operator must notify the Administrator 
that the design plan is completed and submit a copy of the plan's 
signature page. The Administrator has 90 days to decide whether the 
design plan should be submitted for review. If the Administrator chooses 
to review the plan, the approval process continues as described in 
paragraph (c)(6) of this section. However, if the Administrator 
indicates that submission is not required or does not respond within 90 
days, the landfill owner or operator can continue to implement the plan 
with the recognition that the owner or operator is proceeding at their 
own risk. In the event that the design plan is required to be modified 
to obtain approval, the owner or operator must take any steps necessary 
to conform any prior actions to the approved design plan and any failure 
to do so could result in an enforcement action.
    (6) Upon receipt of an initial or revised design plan, the 
Administrator must review the information submitted under paragraphs 
(c)(1) through (3) 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. If the Administrator does 
not approve or disapprove the design plan, or does not request that 
additional information be submitted within 90 days of receipt, then the 
owner or operator may continue with implementation of the design plan, 
recognizing they would be proceeding at their own risk.
    (7) If the owner or operator chooses to demonstrate compliance with 
the emission control requirements of this subpart using a treatment 
system as defined in this subpart, then the owner or operator must 
prepare a site-specific treatment system monitoring plan as specified in 
Sec.  60.768(b)(5).
    (d) Revised design plan. The owner or operator who has already been 
required to submit a design plan under paragraph (c) of this section, 
subpart WWW of this part, or a Federal plan or EPA-approved and 
effective state plan or tribal plan that implements subparts Cc or Cf of 
this part, must submit a revised design plan to the Administrator for 
approval as follows:
    (1) At least 90 days before expanding operations to an area not 
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a 
way that is not consistent with the design plan that was submitted to 
the Administrator according to paragraph (c) of this section.
    (e) Closure report. Each owner or operator of a controlled landfill 
must 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).
    (f) Equipment removal report. Each owner or operator of a controlled 
landfill must submit an equipment removal report to the Administrator 30 
days prior to removal or cessation of operation of the control 
equipment.

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    (1) The equipment removal report must contain all of the following 
items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (e) of this section;
    (ii) A copy of the initial performance test report demonstrating 
that the 15-year minimum control period has expired, unless the report 
of the results of the performance test has been submitted to the EPA via 
the EPA's CDX, or information that demonstrates that the GCCS will be 
unable to operate for 15 years due to declining gas flows. In the 
equipment removal report, the process unit(s) tested, the pollutant(s) 
tested, and the date that such performance test was conducted may be 
submitted in lieu of the performance test report if the report has been 
previously submitted to the EPA's CDX; and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 34 megagrams or 
greater of NMOC per year, unless the NMOC emission rate reports have 
been submitted to the EPA via the EPA's CDX. If the NMOC emission rate 
reports have been previously submitted to the EPA's CDX, a statement 
that the NMOC emission rate reports have been submitted electronically 
and the dates that the reports were submitted to the EPA's CDX may be 
submitted in the equipment removal report in lieu of the NMOC emission 
rate reports.
    (2) The Administrator may request such additional information as may 
be necessary to verify that all of the conditions for removal in Sec.  
60.762(b)(2)(v) have been met.
    (g) Annual report. The owner or operator of a landfill seeking to 
comply with Sec.  60.762(b)(2) using an active collection system 
designed in accordance with Sec.  60.762(b)(2)(ii) must submit to the 
Administrator, following the procedure specified in paragraph (i)(2) of 
this section, annual reports of the recorded information in paragraphs 
(g)(1) through (7) of this section. The initial annual report must be 
submitted within 180 days of installation and startup of the collection 
and control system and must include the initial performance test report 
required under Sec.  60.8, as applicable, unless the report of the 
results of the performance test has been submitted to the EPA via the 
EPA's CDX. In the initial annual report, the process unit(s) tested, the 
pollutant(s) tested, and the date that such performance test was 
conducted may be submitted in lieu of the performance test report if the 
report has been previously submitted to the EPA's CDX. For enclosed 
combustion devices and flares, reportable exceedances are defined under 
Sec.  60.768(c). If complying with the operational provisions of 
Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, as allowed at 
Sec.  60.762(b)(2)(iv), the owner or operator must follow the semi-
annual reporting requirements in Sec.  63.1981(h) of this chapter in 
lieu of this paragraph.
    (1) Value and length of time for exceedance of applicable parameters 
monitored under Sec.  60.766(a), (b), (c), (d), and (g).
    (2) Description and duration of all periods when the gas stream was 
diverted from the control device or treatment system through a bypass 
line or the indication of bypass flow as specified under Sec.  60.766.
    (3) Description and duration of all periods when the control device 
or treatment system was not operating and length of time the control 
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500 parts per million 
methane concentration as provided in Sec.  60.763(d) and the 
concentration recorded at each location for which an exceedance was 
recorded in the previous month. For location, you must determine the 
latitude and longitude coordinates using an instrument with an accuracy 
of at least 4 meters. The coordinates must be in decimal degrees with at 
least five decimal places.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to Sec.  60.765(a)(3), 
(a)(5), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions 
are required in Sec.  60.765(a)(3) or (5) and that take more than 60 
days to correct the exceedance, the root cause analysis conducted, 
including a description of the recommended corrective action(s),

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the date for corrective action(s) already completed following the 
positive pressure or elevated temperature reading, and, for action(s) 
not already completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (h) Initial performance test report. Each owner or operator seeking 
to comply with Sec.  60.762(b)(2)(iii) must 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.
    (i) Electronic reporting. The owner or operator must submit reports 
electronically according to paragraphs (i)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results of each performance test according to the following procedures:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www3.epa.gov/ttn/chief/ert/ert__info.html) at the time of the 
test, you must submit the results of the performance test to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). CEDRI can 
be accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternative file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site, once the XML schema is available. If you claim 
that some of the performance test information being submitted is 
confidential business information (CBI), you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph.
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Each owner or operator required to submit reports following the 
procedure specified in this paragraph must submit reports to the EPA via 
the CEDRI. (CEDRI can be accessed through the EPA's CDX.) The owner or 
operator must use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the XML 
schema listed on the CEDRI Web site (https://www3.epa.gov/ttn/chief/
cedri/index.html). If the reporting form specific to this subpart is not 
available in CEDRI at

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the time that the report is due, the owner or operator must submit the 
report to the Administrator at the appropriate address listed in Sec.  
60.4. Once the form has been available in CEDRI for 90 calendar days, 
the owner or operator must begin submitting all subsequent reports via 
CEDRI. The reports must be submitted by the deadlines specified in this 
subpart, regardless of the method in which the reports are submitted.
    (j) Corrective action and the corresponding timeline. The owner or 
operator must submit according to paragraphs (j)(1) and (2) of this 
section. If complying with the operational provisions of Sec. Sec.  
63.1958, 63.1960, and 63.1961 of this chapter, as allowed at Sec.  
60.762(b)(2)(iv), the owner or operator must follow the corrective 
action and the corresponding timeline requirements in Sec.  63.1981(j) 
of this chapter in lieu of this paragraph.
    (1) For corrective action that is required according to Sec.  
60.765(a)(3)(iii) or (a)(5)(iii) and is expected to take longer than 120 
days after the initial exceedance to complete, you must submit the root 
cause analysis, corrective action analysis, and corresponding 
implementation timeline to the Administrator as soon as practicable but 
no later than 75 days after the first measurement of positive pressure 
or temperature monitoring value of 55 degrees Celsius (131 degrees 
Fahrenheit). The Administrator must approve the plan for corrective 
action and the corresponding timeline.
    (2) For corrective action that is required according to Sec.  
60.765(a)(3)(iii) or (a)(5)(iii) and is not completed within 60 days 
after the initial exceedance, you must submit a notification to the 
Administrator as soon as practicable but no later than 75 days after the 
first measurement of positive pressure or temperature exceedance.
    (k) Liquids addition. The owner or operator of an affected landfill 
with a design capacity equal to or greater than 2.5 million megagrams 
and 2.5 million cubic meters that has employed leachate recirculation or 
added liquids based on a Research, Development, and Demonstration permit 
(issued through Resource Conservation and Recovery Act, subtitle D, part 
258) within the last 10 years must submit to the Administrator, 
annually, following the procedure specified in paragraph (i)(2) of this 
section, the following information:
    (1) Volume of leachate recirculated (gallons per year) and the 
reported basis of those estimates (records or engineering estimates).
    (2) Total volume of all other liquids added (gallons per year) and 
the reported basis of those estimates (records or engineering 
estimates).
    (3) Surface area (acres) over which the leachate is recirculated (or 
otherwise applied).
    (4) Surface area (acres) over which any other liquids are applied.
    (5) The total waste disposed (megagrams) in the areas with 
recirculated leachate and/or added liquids based on on-site records to 
the extent data are available, or engineering estimates and the reported 
basis of those estimates.
    (6) The annual waste acceptance rates (megagrams per year) in the 
areas with recirculated leachate and/or added liquids, based on on-site 
records to the extent data are available, or engineering estimates.
    (7) The initial report must contain items in paragraph (k)(1) 
through (6) of this section per year for the initial annual reporting 
period as well as for each of the previous 10 years, to the extent 
historical data are available in on-site records, and the report must be 
submitted no later than:
    (i) September 27, 2017, for landfills that commenced construction, 
modification, or reconstruction after July 17, 2014 but before August 
29, 2016 containing data for the first 12 months after August 29, 2016; 
or
    (ii) Thirteen (13) months after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction after August 29, 2016 
containing data for the first 12 months after August 29, 2016.
    (8) Subsequent annual reports must contain items in paragraph (k)(1) 
through (6) of this section for the 365-day period following the 365-day 
period included in the previous annual report, and the report must be 
submitted no later than 365 days after the date the previous report was 
submitted.

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    (9) Landfills may cease annual reporting of items in paragraphs 
(k)(1) through (7) of this section once they have submitted the closure 
report in paragraph (e) of this section.
    (l) Tier 4 notification. (1) The owner or operator of an affected 
landfill with a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters must provide a notification of 
the date(s) upon which it intends to demonstrate site-specific surface 
methane emissions are below 500 parts per million methane, based on the 
Tier 4 provisions of Sec.  60.764(a)(6). The landfill must also include 
a description of the wind barrier to be used during the SEM in the 
notification. Notification must be postmarked not less than 30 days 
prior to such date.
    (2) If there is a delay to the scheduled Tier 4 SEM date due to 
weather conditions, including not meeting the wind requirements in Sec.  
60.764(a)(6)(iii)(A), the owner or operator of a landfill shall notify 
the Administrator by email or telephone no later than 48 hours before 
any delay or cancellation in the original test date, and arrange an 
updated date with the Administrator by mutual agreement.
    (m) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961, as allowed at 
Sec.  60.762(b)(2)(iv), must submit the 24-hour high temperature report 
according to Sec.  63.1981(k) of this chapter.

[81 FR 59368, Aug. 29, 2016, as amended at 85 FR 17261, Mar. 26, 2020; 
87 FR 8203, Feb. 14, 2022]



Sec.  60.768  Recordkeeping requirements.

    (a) Except as provided in Sec.  60.767(c)(2), each owner or operator 
of an MSW landfill subject to the provisions of Sec.  60.762(b)(2)(ii) 
and (iii) must keep for at least 5 years up-to-date, readily accessible, 
on-site records of the design capacity report that triggered Sec.  
60.762(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.  60.767(c)(2), each owner or operator 
of a controlled landfill must keep up-to-date, readily accessible 
records for the life of the control system equipment of the data listed 
in paragraphs (b)(1) through (5) of this section as measured during the 
initial performance test or compliance determination. Records of 
subsequent tests or monitoring must be maintained for a minimum of 5 
years. Records of the control device vendor specifications must be 
maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.762(b)(2)(ii):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec.  60.765(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.  60.769(a)(1).
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.762(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 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.  
60.762(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.  
60.762(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.  60.762(b)(2)(iii)(A) 
through use of a non-enclosed flare, the flare type (i.e., steam-
assisted, air-assisted, or nonassisted), all visible emission readings,

[[Page 286]]

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.
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.762(b)(2)(iii) 
through use of a landfill gas treatment system:
    (i) Bypass records. Records of the flow of landfill gas to, and 
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan, to include:
    (A) Monitoring records of parameters that are identified in the 
treatment system monitoring plan and that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas.
    (B) Monitoring methods, frequencies, and operating ranges for each 
monitored operating parameter based on manufacturer's recommendations or 
engineering analysis for each intended end use of the treated landfill 
gas.
    (C) Documentation of the monitoring methods and ranges, along with 
justification for their use.
    (D) Identify who is responsible (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for 
quality assurance, maintenance, and repair of all continuous monitoring 
systems.
    (c) Except as provided in Sec.  60.767(c)(2), each owner or operator 
of a controlled landfill subject to the provisions of this subpart must 
keep for 5 years up-to-date, readily accessible continuous records of 
the equipment operating parameters specified to be monitored in Sec.  
60.766 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 must be recorded and 
reported under Sec.  60.767(g):
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million British 
thermal units per hour) or greater, all 3-hour periods of operation 
during which the average temperature was more than 28 degrees Celsius 
(82 degrees Fahrenheit) below the average combustion temperature during 
the most recent performance test at which compliance with Sec.  
60.762(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 
must keep up-to-date, readily accessible continuous records of the 
indication of flow to the control system and 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.  60.766.
    (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.  60.762(b)(2)(iii) must 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 a non-enclosed flare must keep up-to-date, 
readily accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec.  60.766(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with 
Sec.  60.762(b)(2) using an active collection system designed in 
accordance with

[[Page 287]]

Sec.  60.762(b)(2)(ii) must keep records of periods when the collection 
system or control device is not operating.
    (d) Except as provided in Sec.  60.767(c)(2), each owner or operator 
subject to the provisions of this subpart must keep for the life of the 
collection system an up-to-date, readily accessible plot map showing 
each existing and planned collector in the system and providing a unique 
identification location label for each collector.
    (1) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible records of the installation 
date and location of all newly installed collectors as specified under 
Sec.  60.765(b).
    (2) Each owner or operator subject to the provisions of this subpart 
must 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.  60.769(a)(3)(i) as 
well as any nonproductive areas excluded from collection as provided in 
Sec.  60.769(a)(3)(ii).
    (e) Except as provided in Sec.  60.767(c)(2), each owner or operator 
subject to the provisions of this subpart must keep for at least 5 years 
up-to-date, readily accessible records of the items in paragraphs (e)(1) 
through (5) of this section. Each owner or operator that chooses to 
comply with the provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 
of this chapter, as allowed at Sec.  60.762(b)(2)(iv), must keep the 
records in paragraph (e)(6) of this section and must keep records 
according to Sec. Sec.  63.1983(e)(1) through (5) of this chapter in 
lieu of paragraphs (e)(1) through (5) of this section.
    (1) All collection and control system exceedances of the operational 
standards in Sec.  60.763, the reading in the subsequent month whether 
or not the second reading is an exceedance, and the location of each 
exceedance.
    (2) Each owner or operator subject to the provisions of this subpart 
must also keep records of each wellhead temperature monitoring value of 
55 degrees Celsius (131 degrees Fahrenheit) or above, each wellhead 
nitrogen level at or above 20 percent, and each wellhead oxygen level at 
or above 5 percent.
    (3) For any root cause analysis for which corrective actions are 
required in Sec.  60.765(a)(3)(i) or (a)(5)(i), keep a record of the 
root cause analysis conducted, including a description of the 
recommended corrective action(s) taken, and the date(s) the corrective 
action(s) were completed.
    (4) For any root cause analysis for which corrective actions are 
required in Sec.  60.765(a)(3)(ii) or (a)(5)(ii), keep a record of the 
root cause analysis conducted, the corrective action analysis, the date 
for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, and, for action(s) not 
already completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are 
required in Sec.  60.765(a)(3)(iii) or (a)(5)(iii), keep a record of the 
root cause analysis conducted, the corrective action analysis, the date 
for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates, and a copy of any comments or final 
approval on the corrective action analysis or schedule from the 
regulatory agency.
    (6) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed at Sec.  60.762(b)(2)(iv), must keep records of the date upon 
which the owner or operator started complying with the provisions in 
Sec. Sec.  63.1958, 63.1960, and 63.1961.
    (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'', must 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.
    (g) Landfill owners or operators seeking to demonstrate that site-
specific surface methane emissions are below

[[Page 288]]

500 parts per million by conducting surface emission monitoring under 
the Tier 4 procedures specified in Sec.  60.764(a)(6) must keep for at 
least 5 years up-to-date, readily accessible records of all surface 
emissions monitoring and information related to monitoring instrument 
calibrations conducted according to sections 8 and 10 of Method 21 of 
appendix A of this part, including all of the following items:
    (1) Calibration records:
    (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.
    (v) If an owner or operator makes their own calibration gas, a 
description of the procedure used.
    (2) Digital photographs of the instrument setup, including the wind 
barrier. The photographs must be time and date-stamped and taken at the 
first sampling location prior to sampling and at the last sampling 
location after sampling at the end of each sampling day, for the 
duration of the Tier 4 monitoring demonstration.
    (3) Timestamp of each surface scan reading:
    (i) Timestamp should be detailed to the nearest second, based on 
when the sample collection begins.
    (ii) A log for the length of time each sample was taken using a 
stopwatch (e.g., the time the probe was held over the area).
    (4) Location of each surface scan reading. The owner or operator 
must determine the coordinates using an instrument with an accuracy of 
at least 4 meters. Coordinates must be in decimal degrees with at least 
five decimal places.
    (5) Monitored methane concentration (parts per million) of each 
reading.
    (6) Background methane concentration (parts per million) after each 
instrument calibration test.
    (7) Adjusted methane concentration using most recent calibration 
(parts per million).
    (8) For readings taken at each surface penetration, the unique 
identification location label matching the label specified in paragraph 
(d) of this section.
    (9) Records of the operating hours of the gas collection system for 
each destruction device.
    (h) Except as provided in Sec.  60.767(c)(2), each owner or operator 
subject to the provisions of this subpart must keep for at least 5 years 
up-to-date, readily accessible records of all collection and control 
system monitoring data for parameters measured in Sec.  60.766(a)(1), 
(2), and (3).
    (i) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CDX may be maintained in 
electronic format.
    (j) For each owner or operator reporting leachate or other liquids 
addition under Sec.  60.767(k), keep records of any engineering 
calculations or company records used to estimate the quantities of 
leachate or liquids added, the surface areas for which the leachate or 
liquids were applied, and the estimates of annual waste acceptance or 
total waste in place in the areas where leachate or liquids were 
applied.

[81 FR 59368, Aug. 29, 2016, as amended at 85 FR 17261, Mar. 26, 2020]



Sec.  60.769  Specifications for active collection systems.

    (a) Each owner or operator seeking to comply with Sec.  
60.762(b)(2)(i) must 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.  60.767(c)(2) and (3):
    (1) The collection devices within the interior must be certified to 
achieve comprehensive control of surface gas emissions by a professional 
engineer. The following issues must be addressed in the design: Depths 
of refuse, refuse gas generation rates and flow characteristics, cover 
properties, gas system expandability, leachate and condensate 
management, accessibility, compatibility with filling operations, 
integration with closure end use, air intrusion

[[Page 289]]

control, corrosion resistance, fill settlement, resistance to the refuse 
decomposition heat, and ability to isolate individual components or 
sections for repair or troubleshooting without shutting down entire 
collection system.
    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section must 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 must control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may be 
excluded from collection if documented as provided under Sec.  
60.768(d). The documentation must provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area, and must 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 must be 
documented and provided to the Administrator upon request. A separate 
NMOC emissions estimate must be made for each section proposed for 
exclusion, and the sum of all such sections must be compared to the NMOC 
emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion must 
be computed using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR29AU16.013

Where:

Qi = NMOC emission rate from the i\th\ 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 i\th\ section, 
          megagram.
ti = Age of the solid waste in the i\th\ section, years.
CNMOC = Concentration of nonmethane organic compounds, parts 
          per million by volume.
3.6 x 10-9 = Conversion factor.

    (B) If the owner/operator is proposing to exclude, or cease gas 
collection and control from, nonproductive physically separated (e.g., 
separately lined) closed areas that already have gas collection systems, 
NMOC emissions from each physically separated closed area must be 
computed using either Equation 3 in Sec.  60.764(b) or Equation 7 in 
paragraph (a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field 
testing must 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.  60.764(a)(1) or the alternative 
values from Sec.  60.764(a)(5) must 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.  
60.762(b)(2)(ii)(A) construct the gas collection devices using the 
following equipment or procedures:
    (1) The landfill gas extraction components must 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

[[Page 290]]

planned overburden or traffic loads. The collection system must extend 
as necessary to comply with emission and migration standards. Collection 
devices such as wells and horizontal collectors must be perforated to 
allow gas entry without head loss sufficient to impair performance 
across the intended extent of control. Perforations must be situated 
with regard to the need to prevent excessive air infiltration.
    (2) Vertical wells must be placed so as not to endanger underlying 
liners and must address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal collectors 
must 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 must 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 must 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices must 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.  
60.762(b)(2)(iii) must convey the landfill gas to a control system in 
compliance with Sec.  60.762(b)(2)(iii) through the collection header 
pipe(s). The gas mover equipment must 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 must be used to 
project the maximum flow rate. If no flow data exists, the procedures in 
paragraph (c)(2) of this section must be used.
    (2) For new collection systems, the maximum flow rate must be in 
accordance with Sec.  60.765(a)(1).

Subparts YYY-ZZZ [Reserved]



    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.

[[Page 291]]



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, 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

[[Page 292]]

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.



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

[[Page 293]]

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.
    (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.

[[Page 294]]

    (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.
    (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.

[[Page 295]]

    (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 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.

[[Page 296]]



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 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.

[[Page 297]]

    (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.
    (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

[[Page 298]]

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.



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

[[Page 299]]

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 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.

[[Page 300]]

                             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.
    (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

[[Page 301]]

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.



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.

[[Page 302]]



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 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.

[[Page 303]]



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.
    (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

[[Page 304]]

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.



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

[[Page 305]]

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 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.

[[Page 306]]

    (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:
    (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:

[[Page 307]]

    (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.
    (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.

[[Page 308]]

    (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 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).

[[Page 309]]

    (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 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.

[[Page 310]]

    (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.
    (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

[[Page 311]]

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.



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

[[Page 312]]

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 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.

[[Page 313]]



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:

%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).

[[Page 314]]

    (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).

                               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

[[Page 315]]

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:
    (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

[[Page 316]]

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.
    (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

[[Page 317]]

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 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.

[[Page 318]]

    (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 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.

[[Page 319]]

    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:
    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:

[[Page 320]]

 
    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.



  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.

[[Page 321]]

 
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.
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

[[Page 322]]

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.
    (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

[[Page 323]]

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).
    (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:

[[Page 324]]

    (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.
    (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

[[Page 325]]

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 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.)

[[Page 326]]

    (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.
    (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.

[[Page 327]]



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.



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.

[[Page 328]]

    (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.
    (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.

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    (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.
    (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

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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).
    (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).

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    (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 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.

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    (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 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.

[[Page 333]]



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 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

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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 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

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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 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/

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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 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

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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.



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.

[[Page 338]]

    (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:
    (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:

[[Page 339]]

    (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:
    (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.

[[Page 340]]

    (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.
    (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

[[Page 341]]

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.
    (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.

[[Page 342]]

    (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.
    (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

[[Page 343]]

(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.
    (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.

[[Page 344]]

    (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

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

[[Page 345]]

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 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

[[Page 346]]

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.
    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.

[[Page 347]]

    (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 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

[[Page 348]]

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:
    (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

[[Page 349]]

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 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.

[[Page 350]]

    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.




    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.


[[Page 351]]



 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.



 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.


[[Page 352]]



 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.



  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.


[[Page 353]]



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



 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\

[[Page 354]]

 
    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: 84 FR 15853, Apr. 16, 2019, 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 units (CISWIs) and 
air curtain incinerators (ACIs).



Sec.  60.2005  When did this subpart become effective?

    This subpart became effective on August 7, 2013. Some of the 
requirements in this subpart apply to planning the CISWI or ACI (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 or ACI begins operation.

                              Applicability



Sec.  60.2010  Does this subpart apply to my incineration unit?

    Yes, this subpart applies 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 as defined in Sec.  60.2265, 
or an ACI as defined in Sec.  60.2265; and
    (c) Your incineration unit is not exempt under Sec.  60.2020.



Sec.  60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any 
of the criteria specified in paragraphs (a)(1) through (3) of this 
section:
    (1) A CISWI or ACI that commenced construction after June 4, 2010;
    (2) A CISWI or ACI that commenced reconstruction or modification 
after August 7, 2013; and
    (3) Incinerators and ACIs, as defined in this subpart, 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, are considered new 
incineration units and remain subject to the applicable requirements of 
this subpart until the units become subject to the requirements of an 
approved state plan or federal plan that implements subpart DDDD of this 
part (Emission Guidelines and Compliance Times for Commercial and 
Industrial Solid Waste Incineration Units).
    (b) This subpart does not affect your CISWI or ACI 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.



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

    This subpart exempts the types of units described in paragraphs (a) 
through (j) of this section, but some

[[Page 355]]

units are required to provide notifications.
    (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; and
    (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) 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).
    (c) 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).
    (d) Small power production facilities. Units that meet the four 
requirements specified in paragraphs (d)(1) through (4) 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; and
    (4) You maintain the records specified in Sec.  60.2175(w).
    (e) Cogeneration facilities. Units that meet the four requirements 
specified in paragraphs (e)(1) through (4) 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; and
    (4) You maintain the records specified in Sec.  60.2175(x).
    (f) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (g) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (h) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (i) 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 New Sewage Sludge 
Incineration Units) or subpart MMMM of this part (Emission Guidelines 
and Compliance Times for Existing Sewage Sludge Incineration Units).
    (j) 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 for Which Construction is Commenced 
After December 9,

[[Page 356]]

2004, or for Which Modification or Reconstruction is Commenced on or 
After June 16, 2006) or subpart FFFF of this part (Emission Guidelines 
and Compliance Times for Other Solid Waste Incineration Units That 
Commenced Construction On or Before December 9, 2004).



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 (9) of this 
section:
    (1) Approval of alternatives to the emission limitations in tables 
1, 5, 6, 7, and 8 of this subpart and operating limits established under 
Sec.  60.2110;
    (2) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Approval of major alternatives to recordkeeping and reporting;
    (5) The requirements in Sec.  60.2115;
    (6) The requirements in Sec.  60.2100(b)(2);
    (7) Approval of alternative opacity emission limits in Sec.  60.2105 
under Sec.  60.11(e)(6) through (8);
    (8) Performance test and data reduction waivers under Sec.  
60.8(b)(4) and (5);
    (9) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.



Sec.  60.2035  How are these new source performance standards structured?

    These new source performance standards contain the eleven major 
components listed in paragraphs (a) through (k) of this section:
    (a) Preconstruction siting analysis;
    (b) Waste management plan;
    (c) Operator training and qualification;
    (d) Emission limitations and operating limits;
    (e) Performance testing;
    (f) Initial compliance requirements;
    (g) Continuous compliance requirements;
    (h) Monitoring;
    (i) Recordkeeping and reporting;
    (j) Definitions; and
    (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. 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 
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 CISWIs 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.

[[Page 357]]



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'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?

    (a) You must submit a waste management plan prior to commencing 
construction.
    (b) For CISWIs that commence reconstruction or modification after 
August 7, 2013, you must submit a waste management plan prior to the 
commencement of modification or reconstruction.



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 can be operated unless a fully trained and qualified 
CISWI operator is accessible, either at the facility or can be at the 
facility within 1 hour. The trained and qualified CISWI operator may 
operate the CISWI directly or be the direct supervisor of one or more 
other plant personnel who operate the unit. If all qualified CISWI 
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;

[[Page 358]]

    (ix) Applicable federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards;
    (x) Pollution prevention; and
    (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.



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 startup;
    (b) December 3, 2001; and
    (c) The date before an employee assumes responsibility for operating 
the CISWI or assumes responsibility for supervising the operation of the 
CISWI.



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; and
    (e) Discussion of operating problems encountered by attendees.



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; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2080(a).



Sec.  60.2095  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI 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; and
    (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

[[Page 359]]

subpart or prior to an employee's assumption of responsibilities for 
operation of the CISWI, whichever date is later; and
    (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 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; and
    (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 may be operated by other plant 
personnel familiar with the operation of the CISWI 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; and
    (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; and
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the CISWI. 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 is disapproved, the CISWI 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); and
    (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, 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) A CISWI or ACI 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 continue to meet the emission limits in table 1 of this 
subpart for units in the

[[Page 360]]

incinerator subcategory and Sec.  60.2250 for ACIs until the units 
become subject to the requirements of an approved state plan or federal 
plan that implements subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units).



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) of this section, 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; and
    (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; and
    (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 hydrogen chloride (HCl) emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your CISWI 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 and you do not use a particulate matter (PM) continuous 
parameter monitoring system (CPMS) for monitoring PM compliance, 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 and you do not use a PM CPMS for monitoring PM 
compliance, 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

[[Page 361]]

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), 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 
for 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 either a particulate matter CEMS or a particulate matter CPMS, 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 continuing 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 percent of the emission limit if your PM performance 
test demonstrates compliance below 75 percent 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:
    (i) Your PM CPMS must provide a 4-20 milliamp output, or digital 
equivalent, 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; and
    (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, or their digital equivalent, 
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 Method 5 or Method 29 test runs).
    (2) If the average of your three PM performance test runs are below 
75 percent of your PM emissions 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 
output values corresponding to the three compliance

[[Page 362]]

test runs, and the average PM concentration from the Method 5 or Method 
29 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; and
    (D) If none of the steps in paragraphs (i)(2)(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, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TR16AP19.006


Where:

    X1 = the PM CPMS output 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, or the 
digital equivalent, your three run average PM CPMS milliamp value, or 
its digital equivalent, and your three run average PM concentration from 
your three compliance tests, determine a relationship of mg/dscm per 
milliamp or digital signal equivalent with equation 2:
[GRAPHIC] [TIFF OMITTED] TR16AP19.007

Where:

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

    (iv) Determine your source specific 30-day rolling average operating 
limit using the mg/dscm per milliamp or digital value from equation 2 in 
equation 3, below. This sets your operating limit at the PM CPMS output 
value corresponding to 75 percent of your emission limit:

[[Page 363]]

[GRAPHIC] [TIFF OMITTED] TR16AP19.008

Where:

Ol = the operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or the digital equivalent, 
          determined from paragraph (2)(i) of this secction, and
R = the relative mg/dscm per milliamp or digital signal output 
          equivalent for your PM CPMS, from equation 2.

    (3) 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 or digital signal 
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] TR16AP19.009

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 or 
          digital signal equivalent.

    (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 or 
digital signal bits, 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 
or digital signal value equivalent to the instrument zero output, 
technique by which this zero value was determined, and the average 
milliamp or digital signals corresponding to each PM compliance test 
run.

[85 FR 15853, Apr. 16, 2019, as amended at 85 FR 63403, Oct. 7, 2020]



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 specific operating limits to be established during 
the initial performance

[[Page 364]]

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; and
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.

                           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 (except when using Method 9 and Method 22).
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP19.010

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 in Section 
11.4.3.4 of Method 23, regardless of whether the isomers meet 
identification criteria in Section 11.4.3.4.1 of Method 23. You must 
quantify the isomers per Section 11.4.3.5 of Method 23. (Note: You may 
reanalyze the sample aliquot or split to reduce the number of isomers to 
meet

[[Page 365]]

the identification criteria in Section 11.4.3.4 of Method 23.)
    (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer 
measured in accordance with paragraphs (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic equivalency 
factor specified in table 3 of this subpart; and
    (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, 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. 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 in Section 
11.4.3.4 of Method 23, regardless of whether the isomers meet 
identification Section 11.4.3.4.1 of Method 23. You must quantify the 
isomers per Section 11.4.3.5 of Method 23. (Note: You may reanalyze the 
sample aliquot or split to reduce the number of isomers to meet the 
identification criteria in Section 11.4.3.4 of Method 23.)
    (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.

[84 FR 15853, Apr 16, 2019, as amended at 88 FR 16742, Mar. 20, 2023]



Sec.  60.2130  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 1 of this subpart or tables 5 through 
8 of this subpart.

                     Initial Compliance Requirements



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

    (a) You must conduct a performance test, as required under 
Sec. Sec.  60.2125 and 60.2105to 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, to establish the kiln-specific emission limit in Sec.  
60.2145(y), as applicable, and to establish operating limits using the 
procedures in Sec.  60.2110 or Sec.  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.
    (b) As an alternative to conducting a performance test, as required 
under Sec. Sec.  60.2125 and 60.2105, you may use a 30-day rolling 
average of the 1-hour arithmetic average CEMS data, including CEMS data 
during startup and shutdown as defined in this subpart, to determine 
compliance with the emission limitations in Table 1 of this subpart or 
tables 5 through 8 of this subpart. You must conduct a performance 
evaluation of each continuous monitoring system within 180 days of 
installation of the monitoring system. The initial performance 
evaluation must be conducted prior to collecting CEMS data that will be 
used for the initial compliance demonstration.



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 reaches the charge rate at which it will operate, but 
no later than 180 days after its initial startup.

[[Page 366]]

    (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 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 from the 
date you reintroduce that solid waste.



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 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 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.

                   Continuous Compliance Requirements



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

    (a) General compliance with standards, considering some units may be 
able to switch between solid waste and non-waste fuel combustion, is 
specified in paragraph (a)(1) through (6) of this section.
    (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, 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, 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 is currently combusting and has combusted over the past 6 months, 
and the

[[Page 367]]

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; and
    (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 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 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 initial and continuous compliance 
with the carbon monoxide emission limit using a carbon monoxide CEMS, as 
described in Sec.  60.2165(o).
    (h) Coal and liquid/gas energy recovery units with average annual 
heat input rates greater than or equal to 250 million British thermal 
units/hour (MMBtu/hr) may elect to demonstrate initial and 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 PM CPMS specified in Sec.  60.2145. Coal and liquid/gas 
energy recovery units with annual average heat

[[Page 368]]

input rates less than 250 MMBtu/hr, incinerators, and small remote 
incinerators may also elect to demonstrate initial and continuous 
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/hr and less than 250 MMBtu/hr that do 
not use a wet scrubber, fabric filter with bag leak detection system, an 
electrostatic precipitator, particulate matter CEMS, or particulate 
matter CPMS, you must install, operate, certify and maintain a 
continuous opacity monitoring system (COMS) according to the procedures 
in Sec.  60.2165(m).
    (j) For waste-burning kilns, you must conduct an annual performance 
test for particulate matter, cadmium, lead, carbon monoxide, dioxins/
furans and hydrogen chloride as listed in Table 7 of this subpart, 
unless you choose to demonstrate initial and continuous compliance using 
CEMS, as allowed in paragraph (u) of this section. If you do not use an 
acid gas wet scrubber or dry scrubber, you must determine compliance 
with the hydrogen chloride emissions limit using a HCl CEMS according to 
the requirements in paragraph (j)(1) of this section. You must determine 
compliance with the mercury emissions limit using a mercury CEMS or an 
integrated sorbent trap monitoring system according to paragraph (j)(2) 
of this section. You must determine compliance with nitrogen oxides and 
sulfur dioxide using CEMS. You must determine continuing compliance with 
the particulate matter emissions limit using a PM CPMS according to 
paragraph (x) of this section.
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification 15 (PS 15) of appendix B to 40 CFR part 60 or PS 18 of 
appendix B to 40 CFR part 60. You must operate, maintain, and quality 
assure a HCl CEMS installed and certified under PS 15 according to the 
quality assurance requirements in Procedure 1 of appendix F to 40 CFR 
part 60 except that the Relative Accuracy Test Audit requirements of 
Procedure 1 must be replaced with the validation requirements and 
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, 
maintain and quality assure a HCl CEMS installed and certified under PS 
18 according to the quality assurance requirements in Procedure 6 of 
appendix F to 40 CFR part 60. For any performance specification that you 
use, you must use Method 321 of appendix A to 40 CFR part 63 as the 
reference test method for conducting relative accuracy testing. The span 
value and calibration requirements in paragraphs (j)(1)(i) and (ii) of 
this section apply to all HCl CEMS used under this subpart:
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw unless the monitor is installed on a kiln without an inline raw 
mill. Kilns without an inline raw mill may use a higher span value 
sufficient to quantify all expected emissions concentrations. The HCl 
CEMS data recorder output range must include the full range of expected 
HCl concentration values which would include those expected during 
``mill off'' conditions. The corresponding data recorder range shall be 
documented in the site-specific monitoring plan and associated records;
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (j)(1)(ii)(A) 
through (C) of this section:
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 ppm of 
total HCl. The requirements of the appropriate HCl monitor performance 
specification shall be followed for this second span with the exception 
that a RATA with the mill off is not required;
    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(j)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference

[[Page 369]]

gas with a certified value greater than your highest expected hourly 
concentration or greater than 75% of the highest measured hourly 
concentration. The ``above span'' reference gas must meet the 
requirements of the applicable performance specification and must be 
introduced to the measurement system at the probe. Record and report the 
results of this procedure as you would for a daily calibration. The 
``above span linearity'' challenge is successful if the value measured 
by the HCl CEMS falls within 10 percent of the certified value of the 
reference gas. If the value measured by the HCl CEMS during the above 
span linearity challenge exceeds 10 percent of the certified value of 
the reference gas, the monitoring system must be evaluated and repaired 
and a new ``above span linearity'' challenge met before returning the 
HCl CEMS to service, or data above span from the HCl CEMS must be 
subject to the quality assurance procedures established in (j)(1)(ii)(D) 
of this section. In this manner values measured by the HCl CEMS during 
the above span linearity challenge exceeding 20 
percent of the certified value of the reference gas must be normalized 
using equation 6;
    (C) Quality assure any data above the span value established in 
paragraph (j)(1)(i) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of HCl 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' HCl reference gas standard to the HCl 
CEMS. The ``above span'' reference gas must meet the requirements of the 
applicable performance specification and target a concentration level 
between 50 and 150 percent of the highest expected hourly concentration 
measured during the period of measurements above span, and must be 
introduced at the probe. While this target represents a desired 
concentration range that is not always achievable in practice, it is 
expected that the intent to meet this range is demonstrated by the value 
of the reference gas. Expected values may include above span 
calibrations done before or after the above-span measurement period. 
Record and report the results of this procedure as you would for a daily 
calibration. The ``above span'' calibration is successful if the value 
measured by the HCl CEMS is within 20 percent of the certified value of 
the reference gas. If the value measured by the HCl CEMS is not within 
20 percent of the certified value of the reference gas, then you must 
normalize the stack gas values measured above span as described in 
paragraph (j)(1)(ii)(D) of this section. If the ``above span'' 
calibration is conducted during the period when measured emissions are 
above span and there is a failure to collect the one data point in an 
hour due to the calibration duration, then you must determine the 
emissions average for that missed hour as the average of hourly averages 
for the hour preceding the missed hour and the hour following the missed 
hour. In an hour where an ``above span'' calibration is being conducted 
and one or more data points are collected, the emissions average is 
represented by the average of all valid data points collected in that 
hour;
    (D) In the event that the ``above span'' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must normalize 
the one-hour average stack gas values measured above the span during the 
24-hour period preceding or following the ``above span'' calibration for 
reporting based on the HCl CEMS response to the reference gas as shown 
in equation 6:
[GRAPHIC] [TIFF OMITTED] TR16AP19.011


Only one ``above span'' calibration is needed per 24-hour period.
    (2) Compliance with the mercury emissions limit must be determined

[[Page 370]]

using a mercury CEMS or integrated sorbent trap monitoring system 
according to the following requirements:
    (i) You must operate a mercury CEMS system in accordance with 
performance specification 12A of 40 CFR part 60, appendix B or an 
integrated sorbent trap monitoring system in accordance with performance 
specification 12B of 40 CFR part 60, appendix B; these monitoring 
systems must be quality assured according to procedure 5 of 40 CFR 60, 
appendix F. For the purposes of emissions calculations when using an 
integrated sorbent trap monitoring system, the mercury concentration 
determined for each sampling period must be assigned to each hour during 
the sampling period. If you choose to comply with the production-rate 
based mercury limit for your waste-burning kiln, you must also monitor 
hourly clinker production and determine the hourly mercury emissions 
rate in pounds per million ton of clinker produced. You must demonstrate 
compliance with the mercury emissions limit using a 30-day rolling 
average of these 1-hour mercury concentrations or mass emissions rates, 
including CEMS and integerated sorbent trap monitoring system 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. Integerated sorbent trap monitoring 
system and 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;
    (ii) Owners or operators using a mercury CEMS or integrated sorbent 
trap monitoring system to determine mass emission rate 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 specification 6 
of 40 CFR part 60, appendix B, and conducting an annual relative 
accuracy test of the continuous emission rate monitoring system 
according to section 8.2 of performance specification 6; and
    (iii) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury CEMS or integrated sorbent 
trap monitoring system 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; 
and
    (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; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with

[[Page 371]]

the general requirements of Sec.  60.7(b), (c) introductory text, (c)(1) 
and (4), and (d) through (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; and
    (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 plugging 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; and
    (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; and
    (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) and (2) of this 
section:
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates; and
    (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

[[Page 372]]

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; and
    (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; and
    (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 initial and 
continuous 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(l) to measure sulfur dioxide. The sulfur 
dioxide CEMS must follow the procedures and methods specified in 
paragraph (s) of this section. 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; and
    (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 subpart. 
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 subpart.
    (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 initial and 
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.  60.2165 to measure nitrogen oxides. 
The nitrogen oxides CEMS must follow the procedures and methods 
specified in paragraphs (t)(1) through (4) of this section:

[[Page 373]]

    (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; and
    (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 (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; and
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a CEMS or an integrated sorbent trap 
monitoring system for mercury to demonstrate initial and 
continuouscompliance 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 or integrated sorbent trap monitoring 
systems 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 appendix A-7 of this part. The 1-hour arithmetic averages 
for CEMS must be calculated using the data points required under Sec.  
60.13(e)(2). Except for CEMS or integrated sorbent trap monitoring 
systems data during startup and shutdown, the 1-hour arithmetic averages 
used to calculate the 30-day rolling average emission concentrations 
must be corrected to 7 percent oxygen (dry basis). Integrated sorbent 
trap monitoring systems or 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; and
    (2) Operate all CEMS and integrated sorbent trap monitoring systems 
in accordance with the applicable procedures under appendices B and F of 
this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for PM, HCl, lead, cadmium, mercury, nitrogen oxides, sulfur 
dioxide, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu/hr 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.  60.2140;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times;

[[Page 374]]

    (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; and
    (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/hr 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 paragraphs (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 or the digital signal equivalent;
    (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; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments 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 or their digital 
equivalent).
    (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 375]]

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;
    (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. 
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 paragraph (x) of this 
section; and
    (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.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack(s), the combined emissions 
are subject to the emission limits applicable to waste-burning kilns. To 
determine the kiln-specific emission limit for demonstrating compliance, 
you must:
    (1) Calculate a kiln-specific emission limit using equation 7:
    [GRAPHIC] [TIFF OMITTED] TR16AP19.012
    
Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
          depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, 
          depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, ng/
          dscm, depending on pollutant. Each corrected to 7% 
          O2.)
Qks = Kiln stack flow rate (volume/hr)

    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill; and
    (3) For purposes of determining the combined emissions from kilns 
equipped with an alkali bypass or that exhaust kiln gases to a coal mill 
that exhausts through a separate stack, instead of installing a CEMS or 
PM CPMS on the alkali bypass stack or in-line coal mill stack, the 
results of the initial and subsequent performance test can be used to 
demonstrate compliance with the relevant emissions limit. A performance 
test must be conducted on an annual basis (no later than 13 calendar 
months following the previous performance test).

[84 FR 15853, Apr. 16, 2019, as amended at 85 FR 63404, Oct. 7, 2020]



Sec.  60.2150  By what date must I conduct the annual performance test?

    You must conduct annual performance tests no later than 13 calendar 
months following the previous performance test.

[85 FR 63404, Oct. 7, 2020]



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

    On an annual basis (no more than 12 months following the previous 
annual

[[Page 376]]

air pollution control device inspection), you must complete the air 
pollution control device inspection as described in Sec.  60.2141.



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, as specified in Sec.  
60.2160. New operating limits become effective on the date that the 
performance test report is submitted to the EPA's Central Data Exchange 
or postmarked, per the requirements of Sec.  60.2235(b). 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) You can conduct performance tests less often if you meet the 
following conditions: your performance tests for the pollutant for at 
least 2 consecutive performance tests demonstrates that the emission 
level for the pollutant is no greater than the emission level specified 
in paragraph (a)(3)(i) or (ii) of this section, as applicable; there are 
no changes in the operation of the affected source or air pollution 
control equipment that could increase emissions; 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. 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 for the pollutant no more 
than 37 months following the previous performance test for the 
pollutant. If the emission level for your CISWI continues to meet the 
emission level specified in paragraph (a)(3)(i) or (ii) of this section, 
as applicable, you may choose to conduct performance tests for the 
pollutant every third year, as long as there are no changes in the 
operation of the affected source or air pollution control equipment that 
could increase emissions. Each such performance test must be conducted 
no more than 37 months after the previous performance test.
    (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; and
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observations periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI does not 
meet the emission level specified in paragraph (a)(3)(i) or (ii) of this 
section, as applicable, you must conduct annual performance tests for 
the pollutant according to the schedule specified in paragraph (a) of 
this section until you qualify for less frequent testing for the 
pollutant as specified in paragraph (a)(3) of this section.
    (b) [Reserved]



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

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

                               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

[[Page 377]]

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 and you do not use a PM CPMS or PM CEMS for monitoring PM 
compliance, 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; and
    (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.
    (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) or the minimum reagent flow 
rate measured as 3-hour block averages at all times; and
    (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 and you do not use a PM CPMS for 
monitoring PM compliance, 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, you must install, calibrate, maintain, and operate a CEMS for 
monitoring hydrogen chloride emissions discharged to the atmosphere, as 
specified in Sec.  60.2145(j), and record the output of the system. You 
may substitute use of a HCl CEMS for conducting the HCl initial and 
annual testing with EPA Method 321 at 40 CFR part 63, appendix A. For 
units other than waste-burning kilns not equipped

[[Page 378]]

with a wet scrubber or dry scrubber, a facility may substitute use of a 
hydrogen chloride CEMS for conducting the hydrogen chloride initial and 
annual performance test. For units equipped with a hydrogen chloride 
CEMS, you are not required to monitor the minimum hydrogen chloride 
sorbent flow rate, the minimum scrubber liquor pH, or the monitoring 
minimum injection rate.
    (h) To demonstrate compliance with the particulate matter emissions 
limit, a facility may substitute use of a particulate matter CEMS for 
conducting the PM initial and annual performance test. For units 
equipped with a particulate matter CEMS, you are not required to use 
other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP 
secondary power, PM scrubber pressure).
    (i) To demonstrate initial and continuous compliance with the 
dioxin/furan emissions limit, a facility may substitute use of a 
continuous automated sampling system for the dioxin/furan initial and 
annual performance tests. 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 initial and continuous compliance with the 
mercury emissions limit, a facility may substitute use of a mercury CEMS 
or an integrated sorbent trap monitoring system for the mercury initial 
and annual performance test. The owner or operator who elects to 
continuously measure mercury emissions instead of sampling and testing 
using EPA Reference 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 the mercury 
CEMS or integrated sorbent trap monitoring system and must comply with 
performance specification 12A or performance specification 12B, 
respectively, and quality assurance procedure 5. For the purposes of 
emissions calculations when using an integrated sorbent trap monitoring 
system, the mercury concentration determined for each sampling period 
must be assigned to each hour during the sampling period. Waste-burning 
kilns must install, calibrate, maintain, and operate a mercury CEMS or 
an integrated sorbent trap monitoring system as specified in Sec.  
60.2145(j). For units equipped with a mercury CEMS or an integrated 
sorbent trap monitoring system, you are not required to monitor the 
minimum sorbent flow rate, if activated carbon sorbent injection is used 
solely for compliance with the mercury emission limit.
    (k) To demonstrate initial and continuous compliance with the 
nitrogen oxides emissions limit, a facility may substitute use of a CEMS 
for the nitrogen oxides initial and annual performance test to 
demonstrate compliance with the nitrogen oxides emissions limits. For 
units equipped with a nitrogen oxides CEMS, you are not required to 
monitor 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 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; and

[[Page 379]]

    (2) Compliance with the emission limit for nitrogen oxides must be 
determined based on the 30-day rolling average of the hourly emission 
concentrations using CEMS outlet data, as outlined in Sec.  60.2145(u).
    (l) To demonstrate initial and continuous compliance with the sulfur 
dioxide emissions limit, a facility may substitute use of a CEMS for the 
sulfur dioxide initial and 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; and
    (2) Compliance with the sulfur dioxide emission limit shall be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data, as outlined in 
Sec.  60.2145(u).
    (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, an electrostatic 
precipitator, particulate matter CEMS, or particulate matter CPMS 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;
    (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); and
    (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 monitoring with a particulate matter CPMS according to paragraph (r) 
of this section, must install, calibrate, maintain, and operate a PM 
CEMS and must comply with the requirements specified in paragraphs 
(n)(1) through (10) of this section:
    (1) The PM CEMS 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. Use Method 5 or Method 5I 
of appendix A of this part for the PM CEMS correlation testing;
    (2) 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;
    (3) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using

[[Page 380]]

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(t)(4)(i) through (iv);
    (4) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions. If PM CEMS 
are elected for demonstrating compliance, and the initial performance 
test has not yet been conducted, then initial 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 section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7;
    (5) Continuous 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;
    (6) At a minimum, valid continuous monitoring system hourly averages 
must be obtained as specified in Sec.  60.2170(e);
    (7) The 1-hour arithmetic averages required under paragraph (n)(5) 
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);
    (8) All valid CEMS data must be used in calculating average emission 
concentrations even if the minimum CEMS data requirements of paragraph 
(n)(6) of this section are not met.
    (9) The CEMS must be operated according to performance specification 
11 in appendix B of this part; and,
    (10) Quarterly and yearly accuracy audits and daily drift, system 
optics, and sample volume checks must be performed in accordance with 
procedure 2 in appendix F of this part.
    (o) To demonstrate initial and continuous compliance with the carbon 
monoxide emissions limit, you may substitute use of a CEMS for the 
carbon monoxide initial and annual performance test:
    (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 
4A or 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; and
    (2) Compliance with the carbon monoxide emission limit shall 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, as outlined 
in Sec.  60.2145(u).
    (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/hr 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.  60.2140;
    (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

[[Page 381]]

limit for oxygen according to paragraph (q)(4) of this section is not 
below the lowest hourly average oxygen concentration measured during the 
most recent CO performance test; and
    (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/hr 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, 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 paragraphs (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 or a digital signal equivalent;
    (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; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentration increments 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 or the digital signal equivalent.
    (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 or digital bits).
    (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

[[Page 382]]

periods in your annual deviation report); and
    (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;
    (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 the operation of the emissions control device(s). 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; and
    (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.
    (t) If you are required to monitor clinker production because you 
comply with the production-rate based mercury limit for your waste-
burning kiln, 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 in tons-mass per hour of 
the amount of clinker produced. The system of measuring hourly clinker 
production must be maintained within 5 percent 
accuracy, or
    (ii) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates in tons-mass per hour of 
the amount of feed to the kiln. The system of measuring feed must be 
maintained within 5 percent accuracy. Calculate 
your hourly clinker production rate using a kiln-specific feed to 
clinker ratio based on reconciled clinker production determined for 
accounting purposes and recorded feed rates. Update this ratio monthly. 
Note that if this ratio changes at clinker reconciliation, you must use 
the new ratio going forward, but you do not have to retroactively change 
clinker production rates previously estimated.
    (2) Determine the accuracy of the system of measuring hourly clinker 
production (or feed mass flow if applicable) before the effective date 
and during each quarter of source operation.
    (3) Conduct accuracy checks in accordance with the procedures 
outlined in your site-specific monitoring plan under Sec.  60.2145(l).



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)), and required monitoring system 
quality assurance or quality control activities (including, as 
applicable, calibration checks and required

[[Page 383]]

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, including data 
normalized for above scale readings, in assessing the operation of the 
control device and associated control system; and
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

                       Recordkeeping and Reporting



Sec.  60.2175  What records must I keep?

    You must maintain the 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; and
    (b) Records of the data described in paragraphs (b)(1) through (7) 
of this section:
    (1) The CISWI 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 CISWIs that establish operating limits for controls 
other than wet scrubbers under 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);
    (7) If you monitor clinker production in accordance with Sec.  
60.2165(t):
    (i) Hourly clinker rate produced if clinker production is measured 
directly;
    (ii) Hourly measured kiln feed rates and calculated clinker 
production rates if clinker production is not measured directly;
    (iii) 30-day rolling averages for mercury in pounds per million tons 
of clinker produced;
    (iv) The initial and quarterly accuracy of the system of measruing 
hourly clinker production (or feed mass flow).
    (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.

[[Page 384]]

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 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 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. If you monitor emissions with a CEMS, you 
must indicate which data are CEMS data during startup and shutdown:
    (1) All 6-minute average levels of opacity;
    (2) All 1-hour average concentrations of sulfur dioxide emissions;
    (3) All 1-hour average concentrations of nitrogen oxides emissions;
    (4) All 1-hour average concentrations of carbon monoxide emissions;
    (5) All 1-hour average concentrations of particulate matter 
emissions;
    (6) All 1-hour average concentrations of mercury emissions;
    (7) All 1-hour average concentrations of HCl CEMS outputs;
    (8) All 1-hour average percent oxygen concentrations; and
    (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 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

[[Page 385]]

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.



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; and
    (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; and
    (e) The anticipated date of initial startup.



Sec.  60.2200  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager:
    (a) The complete test report for the initial performance test 
results obtained under Sec.  60.2135, as applicable;
    (b) The values for the site-specific operating limits established in 
Sec.  60.2110 or Sec.  60.2115; and
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  60.2165(b).



Sec.  60.2205  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.2200. You must submit 
subsequent reports no more than 12 months following the previous report. 
(If the unit is subject to permitting requirements under title V of the 
Clean Air Act, you may be required by the permit to submit these reports 
more frequently.)

[[Page 386]]



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

    The annual report required under Sec.  60.2205 must include the 
items listed in paragraphs (a) through (p) 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 (30-day average for energy recovery units), 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) For each performance test conducted during the reporting period, 
if any performance test is conducted, the process unit(s) tested, the 
pollutant(s) tested and the date that such performance test was 
conducted. Submit, following the procedure specified in Sec.  
60.2235(b)(1), the performance test report no later than the date that 
you submit the annual report;
    (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 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 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 at which the deviation 
occurred during the reporting period; and
    (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 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;

[[Page 387]]

    (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 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;
    (9) A brief description of the CISWI;
    (10) A brief description of the continuous monitoring system;
    (11) The date of the latest continuous monitoring system 
certification or audit; and
    (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; and
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.
    (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.

[84 FR 15853, Apr. 16, 2019, as amended at 85 FR 63404, Oct. 7, 2020]



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 (30-day average for energy recovery units or for PM CPMS) 
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, if a performance test was 
conducted that deviated from any emission limitation, if a 30-day 
average measured using CEMS deviated from any emission limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).



Sec.  60.2220  What must I include in the deviation report?

    In each report required under Sec.  60.2215, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (d) 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; and
    (d) A copy of the operating limit monitoring data during each 
deviation and for any test report that documents

[[Page 388]]

the emission levels the process unit(s) tested, the pollutant(s) tested 
and the date that the performance test was conducted. Submit, following 
the procedure specified in Sec.  60.2235(b)(1), the performance test 
report no later than the date that you submit the deviation report.



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; and
    (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; and
    (iii) Request approval from the Administrator to continue operation 
of the CISWI.
    (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, 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 
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; and
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.



Sec.  60.2235  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically or 
in paper format, postmarked on or before the submittal due dates. 
Beginning on April 16, 2021 or once the reporting form has been 
available in CEDRI for 1 year, whichever is later, you must submit 
subsequent reports on or before the submittal dates to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI),which can be 
accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). Use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the 
extensible markup language (XML) schema listed on the CEDRI website 
(https://www3.epa.gov/ttn/chief/cedri/index.html). The date forms become 
available in CEDRI will be listed on the CEDRI website. The reports must 
be submitted by the deadlines specified in this subpart, regardless of 
the method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows:

[[Page 389]]

    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, you must submit the 
results of the performance test following the procedure specified in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www3.epa.gov/ttn/chief/ert/ert__info.html) at the time of the 
test, you must submit the results of the performance test to the EPA via 
the CEDRI. (CEDRI can be accessed through the EPA's CDX (https://
cdx.epa.gov/).) Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternate electronic 
file format consistent with the XML schema listed on the EPA's ERT 
website. If you claim that some of the performance test information 
being submitted is confidential business information (CBI), you must 
submit a complete file generated through the use of the EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's ERT website, including information claimed to be CBI, on a compact 
disc, flash drive, or other commonly used electronic storage media to 
the EPA. The electronic media must be clearly marked as CBI and mailed 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph; and
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (b)(2)(i) or (b)(2)(ii) of this section:
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT website at the 
time of the evaluation, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the 
EPA's CDX.) Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate file 
format consistent with the XML schema listed on the EPA's ERT website. 
If you claim that some of the performance evaluation information being 
submitted is CBI, you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with the 
XML schema listed on the EPA's ERT website, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic storage media 
must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with 
the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph; and
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT website at the time of the evaluation, 
you must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (c) If you are required to electronically submit a report through 
the Compliance and Emissions Data Reporting Interface (CEDRI) in the 
EPA's Central Data Exchange (CDX), and due to a planned or actual outage 
of either the EPA's CEDRI or CDX systems within the period of time 
beginning 5 business days prior to the date that the submission is due, 
you will be or are precluded from accessing CEDRI or CDX and submitting 
a required report within the time prescribed, you may assert a claim of 
EPA system outage for failure

[[Page 390]]

to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description identifying the date, 
time and length of the outage; a rationale for attributing the delay in 
reporting beyond the regulatory deadline to the EPA system outage; 
describe the measures taken or to be taken to minimize the delay in 
reporting; and identify a date by which you propose to report, or if you 
have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage is 
resolved. The decision to accept the claim of EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (d) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as 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 you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage). If you intend to assert a 
claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after the 
force majeure event occurs. The decision to accept the claim of force 
majeure and allow an extension to the reporting deadline is solely 
within the discretion of the Administrator.



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 and ACI subject to standards under this subpart must 
operate pursuant to a permit issued under Section 129(e) and Title V of 
the Clean Air Act.

                     Air Curtain Incinerators (ACIs)



Sec.  60.2245  What is an air curtain incinerator?

    (a) An ACI 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

[[Page 391]]

only required to meet the requirements under Sec.  60.2242 and under 
``Air Curtain Incinerators'' (Sec. Sec.  60.2245 through 60.2260):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (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 ACI reaches the charge rate at which it 
will operate, but no later than 180 days after its initial startup, you 
must meet the two limitations specified in paragraphs (a) and (b) of 
this section:
    (a) Maintain opacity to less than or equal to 10 percent opacity (as 
determined by the average of three 1-hour blocks consisting of ten 6-
minute average opacity values), except as described in paragraph (b) of 
this section; and
    (b) Maintain opacity to less than or equal to 35 percent opacity (as 
determined by the average of three 1-hour blocks consisting of ten 6-
minute average opacity values) during the startup period that is within 
the first 30 minutes of operation.



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

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



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

    (a) Prior to commencing construction on your ACI, submit the three 
items described in paragraphs (a)(1) through (3) of this section:
    (1) Notification of your intent to construct the ACI;
    (2) Your planned initial startup date; and
    (3) Types of materials you plan to burn in your ACI.
    (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.

                               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.
    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.
    Air curtain incinerator (ACI) 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.

[[Page 392]]

    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 and small remote incinerators: CEMS data 
collected during the first hours of a CISWI 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 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 energy recovery units: CEMS data collected during the 
startup or shutdown periods of operation. Startup begins with either the 
first-ever firing of fuel in a boiler or process heater for the purpose 
of supplying useful thermal energy (such as steam or heat) for heating, 
cooling or process purposes, or producing electricity, or the firing of 
fuel in a boiler or process heater for any purpose after a shutdown 
event. Startup ends four hours after when the boiler or process heater 
makes useful thermal energy (such as heat or steam) for heating, 
cooling, or process purposes, or generates electricity, whichever is 
earlier. Shutdown begins when the boiler or process heater no longer 
makes useful thermal energy (such as heat or steam) for heating, 
cooling, or process purposes and/or generates electricity or when no 
fuel is being fed to the boiler or process heater, whichever is earlier. 
Shutdown ends when the boiler or process heater no longer makes useful 
thermal energy (such as steam or heat) for heating, cooling, or process 
purposes and/or generates electricity, and no fuel is being combusted in 
the boiler or process heater; and
    (3) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup means 
the time from when a shutdown kiln first begins firing fuel until it 
begins producing clinker. Startup begins when a shutdown kiln turns on 
the induced draft fan and begins firing fuel in the main burner. Startup 
ends when feed is being continuously introduced into the kiln for at 
least 120 minutes or when the feed rate exceeds 60 percent of the kiln 
design limitation rate, whichever occurs first. Shutdown means the 
cessation of kiln operation. Shutdown begins when feed to the kiln is 
halted and ends when continuous kiln rotation ceases.
    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

[[Page 393]]

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; and
    (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 unit (CISWI) 
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. While 
not all CISWIs will include all of the following components, a CISWI 
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 does not include air pollution control 
equipment or the stack. The CISWI 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 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; and
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart

[[Page 394]]

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.
    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 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.
    In-line coal mill means those coal mills using kiln exhaust gases in 
their process. Coal mills with a heat source other than the kiln or coal 
mills using exhaust gases from the clinker cooler alone are not an in-
line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement production 
process where a dry kiln system is integrated with the raw mill so that 
all or a portion of the kiln exhaust gases are used to perform the 
drying operation of the raw mill, with no auxiliary heat source used. In 
this system the kiln is capable of operating without the raw mill 
operating, but the raw mill cannot operate without the kiln gases, and 
consequently, the raw mill does not generate a separate exhaust gas 
stream.
    Kiln means an oven or furnace, including any associated preheater or 
precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses 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. Because 
the alkali bypass, in-line raw mill and in-line coal mill are considered 
an integral part of the kiln, the kiln emissions limits also apply to

[[Page 395]]

the exhaust of the alkali bypass, in-line raw mill and in-line coal 
mill.
    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, 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 means a CISWI 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 (not including the cost of land) updated to current costs (current 
dollars). To determine what systems are within the boundary of the CISWI 
used to calculate these costs, see the definition of CISWI; and
    (2) Any physical change in the CISWI 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 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI.
    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 396]]

    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over its 
operating range. 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 or draft controller.
    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 
CISWIs 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 
which may increase the emission rate of any air pollutant to which a 
standard applies;
    (2) An operational change to the CISWI 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 (e.g., replacing an electrostatic precipitator with a fabric 
filter); and
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI (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 and meeting two criteria:
    (1) The reconstruction begins on or after August 7, 2013; and
    (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 (not including land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI used to calculate these costs, see the definition of CISWI.
    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; and
    (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

[[Page 397]]

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.
    Shutdown means, for incinerators and small, remote incinerators, 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 incineratorsprovided that such incinerators only 
burn wood wastes, yard wastes, and clean lumber and that such ACIs 
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, for incinerators and small, remote 
incinerators, the period of time between the activation of the system 
and the first charge to the unit.
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected energy recovery 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

[[Page 398]]

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



   Sec. Table 1 to Subpart CCCC of Part 60--Emission Limitations for 
  Incinerators 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

----------------------------------------------------------------------------------------------------------------
                                       You must meet this                                     And determining
       For the air pollutant           emission limitation    Using this averaging time    compliance using this
                                               \1\                       \2\                    method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium............................  0.004 milligrams per    3-run average (1 hour        Performance test
                                      dry standard cubic      minimum sample time per      (Method 29 of
                                      meter.                  run).                        appendix A of this
                                                                                           part).
Carbon monoxide....................  157 parts per million   3-run average (1 hour        Performance test
                                      by dry volume.          minimum sample time per      (Method 10 at 40 CFR
                                                              run).                        part 60, appendix A-
                                                                                           4).
Dioxin/Furan (toxic equivalency      0.41 nanograms per dry  3-run average (collect a     Performance test
 basis).                              standard cubic meter.   minimum volume of 4 dry      (Method 23 of
                                                              standard cubic meters per    appendix A-7 of this
                                                              run).                        part).
Hydrogen chloride..................  62 parts per million    3-run average (For Method    Performance test
                                      by dry volume.          26, collect a minimum        (Method 26 or 26A at
                                                              volume of 120 liters per     40 CFR part 60,
                                                              run. For Method 26A,         appendix A-8).
                                                              collect a minimum volume
                                                              of 1 dry standard cubic
                                                              meter per run).
Lead...............................  0.04 milligrams per     3-run average (1 hour        Performance test
                                      dry standard cubic      minimum sample time per      (Method 29 of
                                      meter.                  run).                        appendix A of this
                                                                                           part).
Mercury............................  0.47 milligrams per     3-run average (1 hour        Performance test
                                      dry standard cubic      minimum sample time per      (Method 29 of
                                      meter.                  run).                        appendix A of this
                                                                                           part).
Nitrogen oxides....................  388 parts per million   3-run average (for Method    Performance test
                                      by dry volume.          7E, 1 hour minimum sample    (Method 7 or 7E at 40
                                                              time per run).               CFR part 60, appendix
                                                                                           A-4).
Opacity............................  10 percent............  6-minute averages..........  Performance test
                                                                                           (Method 9 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 per      (Method 5 or 29 of
                                                              run).                        appendix A of this
                                                                                           part).
Sulfur dioxide.....................  20 parts per million    3-run average (For Method    Performance test
                                      by dry volume.          6, collect a minimum         (Method 6 or 6C at 40
                                                              volume of 20 liters per      CFR part 60, appendix
                                                              run. For Method 6C,          A-4).
                                                              collect sample for a
                                                              minimum duration of 1 hour
                                                              per run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.

[[Page 399]]

 
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2145 and 60.2165. As prescribed in Sec.   60.2145(u), if you use a CEMS or an integrated
  sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
  day rolling average of 1-hour arithmetic average emission concentrations.



   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).\1\
Pressure drop across the wet     Minimum pressure    Continuous.........  Every 15 minutes...  3-hour
 scrubber or amperage to wet      drop or amperage.                                             rolling.\1\
 scrubber.
Scrubber liquor flow rate......  Minimum flow rate.  Continuous.........  Every 15 minutes...  3-hour
                                                                                                rolling.\1\
Scrubber liquor pH.............  Minimum pH........  Continuous.........  Every 15 minutes...  3-hour
                                                                                                rolling.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Calculated each hour as the average of the previous 3 operating hours.



   Sec. Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...............               1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.............             0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.........            0.01
octachlorinated dibenzo-p-dioxin........................           0.001
2,3,7,8-tetrachlorinated dibenzofuran...................             0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................             0.5
1,2,3,7,8-pentachlorinated dibenzofuran.................            0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................             0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................             0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.............            0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.............            0.01
octachlorinated dibenzofuran............................           0.001
------------------------------------------------------------------------



     Sec. Table 4 to Subpart CCCC of Part 60--Summary of Reporting 
                            Requirements \1\

----------------------------------------------------------------------------------------------------------------
              Report                       Due date                 Contents                  Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report...........  Prior to commencing             Sec.   60.2190.
                                    construction.            Statement of intent to
                                                             construct.
                                                            
                                                             Anticipated date of
                                                             commencement of
                                                             construction.
                                                            
                                                             Documentation for
                                                             siting requirements.
                                                            
                                                             Waste management plan.
                                                            
                                                             Anticipated date of
                                                             initial startup.
Startup notification.............  Prior to initial          Type  Sec.   60.2195.
                                    startup.                 of waste to be burned.
                                                            
                                                             Maximum design waste
                                                             burning capacity.
                                                            
                                                             Anticipated maximum
                                                             charge rate.
                                                             If
                                                             applicable, the
                                                             petition for site-
                                                             specific operating
                                                             limits.
Initial test report..............  No later than 60 days           Sec.   60.2200.
                                    following the initial    Complete test report
                                    performance test.        for the initial
                                                             performance test.
                                                             The
                                                             values for the site-
                                                             specific operating
                                                             limits.
                                                            
                                                             Installation of bag
                                                             leak detection system
                                                             for fabric filter.

[[Page 400]]

 
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, (or 30-
                                                             day average, if
                                                             applicable) for each
                                                             operating parameter
                                                             recorded for the
                                                             calendar year being
                                                             reported.
                                                             For
                                                             each performance test
                                                             conducted during the
                                                             reporting period, if
                                                             any performance test
                                                             is conducted, the
                                                             process unit(s)
                                                             tested, the
                                                             pollutant(s) tested,
                                                             and the date that such
                                                             performance test was
                                                             conducted.
                                                             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
                                                             operators were
                                                             unavailable for more
                                                             than 8 hours but less
                                                             than 2 weeks.
                                                             If
                                                             you are conducting
                                                             performance tests once
                                                             every 3 years
                                                             consistent with Sec.
                                                             60.2155(a), the date
                                                             of the last 2
                                                             performance tests, a
                                                             comparison of the
                                                             emission level you
                                                             achieved in the last 2
                                                             performance tests to
                                                             the 75 percent
                                                             emission limit
                                                             threshold required in
                                                             Sec.   60.2155(a) and
                                                             a statement as to
                                                             whether there have
                                                             been any operational
                                                             changes since the last
                                                             performance test that
                                                             could increase
                                                             emissions.
                                                             Any
                                                             malfunction,
                                                             deviation, or
                                                             continuous monitoring
                                                             system out of control
                                                             periods information as
                                                             specified in Sec.
                                                             60.2210(k) through (o).
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,
                                                             if any performance
                                                             test was conducted
                                                             that documents
                                                             emission levels, the
                                                             process unit(s)
                                                             tested, the
                                                             pollutant(s) tested,
                                                             and the date that such
                                                             performance test was
                                                             conducted.
                                                            
                                                             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.

[[Page 401]]

 
                                                             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.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.



   Sec. Table 5 to Subpart CCCC of Part 60--Emission Limitations for 
  Incinerators That Commenced Construction After June 4, 2010, or That 
      Commenced Reconstruction or Modification After August 7, 2013

----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \1\                       \2\                     method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.0023 milligrams per  3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     29 at 40 CFR part 60,
                                     meter.                 standard cubic meter per    appendix A-8 of this
                                                            run).                       part). Use ICPMS for the
                                                                                        analytical finish.
Carbon monoxide...................  17 parts per million   3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     10 at 40 CFR part 60,
                                                            run).                       appendix A-4).
Dioxin/furan (Total Mass Basis)...  0.58 nanograms per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter.                 standard cubic meters per   appendix A-7).
                                                            run).
Dioxin/furan (toxic equivalency     0.13 nanograms per     3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter.                 standard cubic meter per    appendix A-7).
                                                            run).
Fugitive ash......................  Visible emissions for  Three 1-hour observation    Visible emission test
                                     no more than 5         periods.                    (Method 22 at 40 CFR
                                     percent of the                                     part 60, appendix A-7).
                                     hourly observation
                                     period.
Hydrogen chloride.................  0.091 parts per        3-run average (For Method   Performance test (Method
                                     million by dry         26, collect a minimum       26 or 26A at 40 CFR part
                                     volume.                volume of 360 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 3 dry standard cubic
                                                            meters per run).
Lead..............................  0.015 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     29 of appendix A-8 at 40
                                     meter.                 standard cubic meters per   CFR part 60). Use ICPMS
                                                            run).                       for the analytical
                                                                                        finish.
Mercury...........................  0.00084 milligrams     3-run average (collect      Performance test (Method
                                     per dry standard       enough volume to meet a     29 or 30B at 40 CFR part
                                     cubic meter.           detection limit data        60, appendix A-8) or
                                                            quality objective of 0.03   ASTM D6784-02
                                                            ug/dry standard cubic       (Reapproved 2008).\3\
                                                            meter).
Nitrogen oxides...................  23 parts per million   3-run average (for Method   Performance test (Method
                                     dry volume.            7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).
Particulate matter (filterable)...  18 milligrams per dry  3-run average (collect a    Performance test (Method
                                     standard cubic meter.  minimum volume of 2 dry     5 or 29 at 40 CFR part
                                                            standard cubic meters per   60, appendix A-3 or
                                                            run).                       appendix A-8 at 40 CFR
                                                                                        part 60).
Sulfur dioxide....................  11 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     6 or 6C at 40 CFR part
                                                            run).                       60, appendix A-4).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2145 and 60.2165. As prescribed in Sec.   60.2145(u), if you use a CEMS or an integrated
  sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
  day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Incorporated by reference, see Sec.   60.17.


[[Page 402]]



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
                                                   \1\                       Using this        And determining
     For the air pollutant      ---------------------------------------- averaging time \2\    compliance using
                                     Liquid/gas            Solids                              this method \2\
----------------------------------------------------------------------------------------------------------------
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.        4 dry standard      appendix A-8). Use
                                                      Coal--0.0017        cubic meters per    ICPMS for the
                                                      milligrams per      run).               analytical finish.
                                                      dry standard
                                                      cubic meter.
Carbon monoxide................  35 parts per        Biomass--240 parts  3-run average (1    Performance test
                                  million dry         per million dry     hour minimum        (Method 10 at 40
                                  volume.             volume. Coal--95    sample time per     CFR part 60,
                                                      parts per million   run).               appendix A-4).
                                                      dry volume.
Dioxin/furans (Total Mass        No Total Mass       Biomass--0.52       3-run average       Performance test
 Basis).                          Basis limit, must   nanograms per dry   (collect a          (Method 23 at 40
                                  meet the toxic      standard cubic      minimum volume of   CFR part 60,
                                  equivalency basis   meter. Coal--5.1    4 dry standard      appendix A-7).
                                  limit below.        nanograms per dry   cubic meters).
                                                      standard cubic
                                                      meter.
Dioxins/furans (toxic            0.093 nanograms     Biomass--0.076      3-run average       Performance test
 equivalency basis).              per dry standard    nanograms per dry   (collect a          (Method 23 of
                                  cubic meter.        standard cubic      minimum volume of   appendix A-7 of
                                                      meter.\3\ Coal--    4 dry standard      this part).
                                                      0.075 nanograms     cubic meters per
                                                      per dry standard    run).
                                                      cubic meter.
Fugitive ash...................  Visible emissions   Three 1-hour        Visible emission    Fugitive ash.
                                  for no more than    observation         test (Method 22
                                  5 percent of the    periods.            at 40 CFR part
                                  hourly                                  60, appendix A-7).
                                  observation
                                  period.
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. Coal--  collect a minimum   at 40 CFR part 60,
                                                      58 parts per        volume of 360       appendix A-8).
                                                      million dry         liters per run.
                                                      volume.             For 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
                                  cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                      cubic meter.        4 dry standard      appendix A-8). Use
                                                      Coal--0.057         cubic meters per    ICPMS for the
                                                      milligrams per      run).               analytical finish.
                                                      dry standard
                                                      cubic meter.

[[Page 403]]

 
Mercury........................  0.00056 milligrams  Biomass--0.0022     3-run average       Performance test
                                  per dry standard    milligrams per      (collect enough     (Method 29 or 30B
                                  cubic meter.        dry standard        volume to meet an   at 40 CFR part 60,
                                                      cubic meter.        in-stack            appendix A-8) or
                                                      Coal--0.013         detection limit     ASTM D6784-02
                                                      milligrams per      data quality        (Reapproved
                                                      dry standard        objective of 0.03   2008).\3\
                                                      cubic meter.        ug/dscm).
Nitrogen oxides................  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 at
                                  volume.             volume. Coal--460   minimum sample      40 CFR part 60,
                                                      parts per million   time per run).      appendix A-4).
                                                      dry volume.
Particulate matter (filterable)  110 milligrams per  Biomass--5.1        3-run average       Performance test
                                  dry standard        milligrams per      (collect a          (Method 5 or 29 at
                                  cubic meter.        dry standard        minimum volume of   40 CFR part 60,
                                                      cubic meter.        1 dry standard      appendix A-3 or
                                                      Coal--130           cubic meter per     appendix A-8).
                                                      milligrams per      run).
                                                      dry standard
                                                      cubic meter.
Sulfur dioxide.................  720 parts per       Biomass--7.3 parts  3-run average (for  Performance test
                                  million dry         per million dry     Method 6, collect   (Method 6 or 6C at
                                  volume.             volume. Coal--850   a minimum of 60     40 CFR part 60,
                                                      parts per million   liters, for         appendix A-4).
                                                      dry volume.         Method 6C, 1 hour
                                                                          minimum sample
                                                                          time per run).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2145 and 60.2165. As prescribed in Sec.   60.2145(u), if you use a CEMS or an integrated
  sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
  day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Incorporated by reference, see Sec.   60.17.


[85 FR 63404, Oct. 7, 2020]



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

----------------------------------------------------------------------------------------------------------------
                                       You must meet this                                     And determining
       For the air pollutant           emission limitation    Using this averaging time    compliance using this
                                               \1\                       \2\                    method 2, 3
----------------------------------------------------------------------------------------------------------------
Cadmium............................  0.0014 milligrams per   3-run average (collect a     Performance test
                                      dry standard cubic      minimum volume of 4 dry      (Method 29 at 40 CFR
                                      meter.                  standard cubic meters per    part 60, appendix A-
                                                              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 per      (Method 10 at 40 CFR
                                      precalciner) parts      run).                        part 60, appendix A-
                                      per million dry                                      4).
                                      volume.
Dioxins/furans (total mass basis)..  0.51 nanograms per dry  3-run average (collect a     Performance test
                                      standard cubic meter.   minimum volume of 4 dry      (Method 23 at 40 CFR
                                                              standard cubic meters per    part 60, appendix A-
                                                              run).                        7).

[[Page 404]]

 
Dioxins/furans (toxic equivalency    0.075 nanograms per     3-run average (collect a     Performance test
 basis).                              dry standard cubic      minimum volume of 4 dry      (Method 23 at 40 CFR
                                      meter.                  standard cubic meters).      part 60, appendix A-
                                                                                           7).
Hydrogen chloride..................  3.0 parts per million   3-run average (1 hour        If a wet scrubber or
                                      dry volume.             minimum sample time per      dry scrubber is used,
                                                              run) or 30-day rolling       performance test
                                                              average if HCl CEMS is       (Method 321 at 40 CFR
                                                              being used.                  part 63, appendix A).
                                                                                           If a wet scrubber or
                                                                                           dry scrubber is not
                                                                                           used, HCl CEMS as
                                                                                           specified in Sec.
                                                                                           60.2145(j).
Lead...............................  0.014 milligrams per    3-run average (collect a     Performance test
                                      dry standard cubic      minimum volume of 4 dry      (Method 29 at 40 CFR
                                      meter.                  standard cubic meters).      part 60, appendix A-
                                                                                           8). Use ICPMS for the
                                                                                           analytical finish.
Mercury............................  0.0037 milligrams per   30-day rolling average.....  Mercury CEMS or
                                      dry standard cubic                                   integrated sorbent
                                      meter. Or 21 pounds/                                 trap monitoring
                                      million tons of                                      system (performance
                                      clinker \3\.                                         specification 12A or
                                                                                           12B, respectively, of
                                                                                           appendix B and
                                                                                           procedure 5 of
                                                                                           appendix F of this
                                                                                           part), as specified
                                                                                           in Sec.   60.2145(j).
Nitrogen oxides....................  200 parts per million   30-day rolling average.....  Nitrogen oxides CEMS
                                      dry volume.                                          (performance
                                                                                           specification 2 of
                                                                                           appendix B and
                                                                                           procedure 1 of
                                                                                           appendix F of this
                                                                                           part).
Particulate matter (filterable)....  4.9 milligrams per dry  3-run average (collect a     Performance test
                                      standard cubic meter.   minimum volume of 2 dry      (Method 5 or 29 at 40
                                                              standard cubic meters).      CFR part 60, appendix
                                                                                           A-3 or appendix-8).
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).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap
  monitoring system data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you
  must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2145 and 60.2165. As prescribed in Sec.   60.2145(u), if you use a CEMS or integrated sorbent
  trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
  rolling average of 1-hour arithmetic average emission concentrations.
\3\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in Sec.
  60.2145(y)(3). They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS
  requirements that otherwise may apply to the main kiln exhaust.


[85 FR 63405, Oct. 7, 2020]

[[Page 405]]



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

----------------------------------------------------------------------------------------------------------------
                                       You must meet this                                     And determining
       For the air pollutant           emission limitation    Using this averaging time    compliance using this
                                               \1\                       \2\                    method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium............................  0.67 milligrams per     3-run average (collect a     Performance test
                                      dry standard cubic      minimum volume of 1 dry      (Method 29 at 40 CFR
                                      meter.                  standard cubic meters per    part 60, appendix A-
                                                              run).                        8).
Carbon monoxide....................  13 parts per million    3-run average (1 hour        Performance test
                                      dry volume.             minimum sample time per      (Method 10 at 40 CFR
                                                              run).                        part 60, appendix A-
                                                                                           4).
Dioxins/furans (total mass basis)..  1,800 nanograms per     3-run average (collect a     Performance test
                                      dry standard cubic      minimum volume of 1 dry      (Method 23 at 40 CFR
                                      meter.                  standard cubic meters per    part 60, appendix A-
                                                              run).                        7).
Dioxins/furans (toxic equivalency    31 nanograms per dry    3-run average (collect a     Performance test
 basis).                              standard cubic meter.   minimum volume of 1 dry      (Method 23 at 40 CFR
                                                              standard cubic meters).      part 60, appendix A-
                                                                                           7).
Fugitive ash.......................  Visible emissions for   Three 1-hour observation     Visible emissions test
                                      no more than 5          periods.                     (Method 22 at 40 CFR
                                      percent of the hourly                                part 60, appendix A-
                                      observation period.                                  7).
Hydrogen chloride..................  200 parts per million   3-run average (For Method    Performance test
                                      by dry volume.          26, collect a minimum        (Method 26 or 26A at
                                                              volume of 60 liters per      40 CFR part 60,
                                                              run. For Method 26A,         appendix A-8).
                                                              collect a minimum volume
                                                              of 1 dry standard cubic
                                                              meter per run).
Lead...............................  2.0 milligrams per dry  3-run average (collect a     Performance test
                                      standard cubic meter.   minimum volume of 1 dry      (Method 29 at 40 CFR
                                                              standard cubic meters).      part 60, appendix A-
                                                                                           8). Use ICPMS for the
                                                                                           analytical finish.
Mercury............................  0.0035 milligrams per   3-run average (For Method    Performance test
                                      dry standard cubic      29 and ASTM D6784-02         (Method 29 or 30B at
                                      meter.                  (Reapproved 2008) \2\,       40 CFR part 60,
                                                              collect a minimum volume     appendix A-8) or ASTM
                                                              of 2 dry standard cubic      D6784-02 (Reapproved
                                                              meters per run. For Method   2008).\3\
                                                              30B, collect a minimum
                                                              volume as specified in
                                                              Method 30B at 40 CFR part
                                                              60, appendix A).
Nitrogen oxides....................  170 parts per million   3-run average (for Method    Performance test
                                      dry volume.             7E, 1 hour minimum sample    (Method 7 or 7E at 40
                                                              time per run).               CFR part 60, appendix
                                                                                           A-4).
Particulate matter (filterable)....  270 milligrams per dry  3-run average (collect a     Performance test
                                      standard cubic meter.   minimum volume of 1 dry      (Method 5 or 29 at 40
                                                              standard cubic meters).      CFR part 60, appendix
                                                                                           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 per      (Method 6 or 6c at 40
                                                              run).                        CFR part 60, appendix
                                                                                           A-4).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2145 and 60.2165. As prescribed in Sec.   60.2145(u), if you use a CEMS or an integrated
  sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
  day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Incorporated by reference, see Sec.   60.17.


[[Page 406]]



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

    Source: 84 FR 15884, Apr. 16, 2019, 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 units (CISWIs) and air curtain incinerators 
(ACIs). The pollutants addressed by these emission guidelines are listed 
in table 2 of this subpart and tables 6 through 9 of this subpart. These 
emission guidelines are developed in accordance with sections 111(d) and 
129 of the Clean Air Act and subpart B of this part.



Sec.  60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing CISWIs 
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 
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 CISWIs 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.



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 CISWIs 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 CISWIs, including those that have ceased 
operation but have not been dismantled;
    (2) Inventory of emissions from affected CISWIs in your state;
    (3) Compliance schedules for each affected CISWI;
    (4) Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for affected 
CISWIs 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; and
    (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

[[Page 407]]

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 ACI 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 CISWIs 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 CISWIs that commenced construction on or before June 4, 2010 and 
incinerator or ACIs that commenced reconstruction or modification on or 
after June 1, 2001 but no later than August 7, 2013, then EPA will 
develop a federal plan according to Sec.  60.27 to implement the 
emission guidelines contained in this subpart. Owners and operators of 
CISWIs not covered by an approved state plan must comply with the 
federal plan. The federal plan is an interim action and will be 
automatically withdrawn when your state plan is approved.



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

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



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

    (a) For CISWIs in the incinerator subcategory and ACIs that 
commenced construction on or before November 30, 1999, your state plan 
must include compliance schedules that require CISWIs in the incinerator 
subcategory and ACIs to achieve final compliance as expeditiously as 
practicable after approval of the state plan but not later than the 
earlier of the two dates specified in paragraphs (a)(1) and (2) of this 
section:
    (1) December 1, 2005; and
    (2) Three years after the effective date of state plan approval.
    (b) For CISWIs in the incinerator subcategory and ACIs that 
commenced construction after November 30, 1999, but on or before June 4, 
2010 or that commenced reconstruction or modification on or after June 
1, 2001 but no later than August 7, 2013, and for CISWIs 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 CISWIs 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; and
    (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

[[Page 408]]

must include dates for enforceable increments of progress as specified 
in Sec.  60.2580.



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 CISWIs 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); and
    (b) State plans developed to implement this subpart are required to 
include two increments of progress for the affected CISWIs. 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 CISWIs.



Sec.  60.2541  In lieu of a state plan submittal, are there other
acceptable option(s) for a state to meet its Clean Air Act
section 111(d)/129(b)(2) obligations?

    Yes, a state may meet its Clean Air Act section 111(d)/129 
obligations by submitting an acceptable written request for delegation 
of the federal plan that meets the requirements of this section. This is 
the only other option for a state to meet its Clean Air Act section 
111(d)/129 obligations.
    (a) An acceptable federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the federal plan;
    (2) The items under Sec.  60.2515(a)(1), (2) and (7);
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief written summary of each presentation or written 
submission; and
    (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.



Sec.  60.2542  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 (i) of this 
section:
    (a) Approval of alternatives to the emission limitations in tables 
2, 6, 7, 8, and 9 of this subpart and operating limits established under 
Sec.  60.2675;
    (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.  60.2680;
    (f) The requirements in Sec.  60.2665(b)(2);
    (g) Approval of alternative opacity emission limits in Sec.  60.2670 
under Sec.  60.11(e)(6) through (8);
    (h) Performance test and data reduction waivers under Sec.  
60.8(b)(4) and (5); and
    (i) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[[Page 409]]



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

    (a) No. This subpart does not directly affect CISWI owners and 
operators in your state. However, CISWI 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 CISWIs 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 CISWIs 
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.

                      Applicability of State Plans



Sec.  60.2550  What CISWIs 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) Commercial and industrial solid waste incineration units and 
ACIs 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 as 
defined in Sec.  60.2875 or an ACI as defined in Sec.  60.2875; and
    (3) Incineration units not exempt under Sec.  60.2555.
    (b) If the owner or operator of a CISWI or ACI makes changes that 
meet the definition of modification or reconstruction after August 7, 
2013, the CISWI or ACI 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 or ACI makes physical or 
operational changes to an existing CISWI or ACI primarily to comply with 
your state plan, subpart CCCC of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart CCCC of this part.



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

    This subpart exempts the types of units described in paragraphs (a) 
through (j) of this section, but some units are required to provide 
notifications.
    (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; and
    (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) 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).

[[Page 410]]

    (c) 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).
    (d) Small power production facilities. Units that meet the four 
requirements specified in paragraphs (d)(1) through (4) 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; and
    (4) You maintain the records specified in Sec.  60.2740(v).
    (e) Cogeneration facilities. Units that meet the four requirements 
specified in paragraphs (e)(1) through (4) 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; and
    (4) You maintain the records specified in Sec.  60.2740(w).
    (f) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (g) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (h) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (i) 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 New Sewage Sludge 
Incineration Units) or subpart MMMM of this part (Emission Guidelines 
and Compliance Times for Existing Sewage Sludge Incineration Units).
    (j) 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 for Which Construction is Commenced 
After December 9, 2004, or for Which Modification or Reconstruction is 
Commenced on or After June 16, 2006) or subpart FFFF of this part 
(Emission Guidelines and Compliance Times for Other Solid Waste 
Incineration Units That Commenced Construction On or Before December 9, 
2004).

                            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 of this part) that addresses the 
regulatory requirements applicable to CISWIs. 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.



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) of this part.

[[Page 411]]



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; and
    (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; and
    (b) Achieve final compliance.



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

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



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

    Your notification of achievement of increments of progress must 
include the three items specified in paragraphs (a) through (c) of this 
section:
    (a) Notification that the increment of progress has been achieved;
    (b) Any items required to be submitted with each increment of 
progress; and
    (c) Signature of the owner or operator of the CISWI.



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; and
    (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

[[Page 412]]

the final control plan, so that, if the affected CISWI 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 and then restart it?

    (a) If you close your CISWI 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 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
and not restart it?

    If you plan to close your CISWI 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 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 can be operated unless a fully trained and qualified 
CISWI operator is accessible, either at the facility or can be at the 
facility within 1 hour. The trained and qualified CISWI operator may 
operate the CISWI directly or be the direct supervisor of one or more 
other plant personnel who operate the unit. If all qualified CISWI 
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;

[[Page 413]]

    (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; and
    (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.



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 startup; and
    (c) Six months after an employee assumes responsibility for 
operating the CISWI or assumes responsibility for supervising the 
operation of the CISWI.



Sec.  60.2645  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2635(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec.  60.2635(c)(2).



Sec.  60.2650  How do I maintain my operator qualification?

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



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; and
    (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 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; and
    (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:

[[Page 414]]

    (i) The final compliance date (Increment 2);
    (ii) Six months after CISWI startup; and
    (iii) Six months after being assigned to operate the CISWI.
    (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 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; and
    (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 may be operated by other plant 
personnel familiar with the operation of the CISWI 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; and
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the CISWI. 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 is disapproved, the CISWI 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); and
    (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, 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

[[Page 415]]

(three 1-hour blocks consisting of ten 6-minute average opacity values) 
specified in table 2 of this subpart, as applicable.



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

    (a) If you use a wet scrubber(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) of this section, 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; and
    (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 hydrogen chloride (HCl) emission limitation.
    (b) You must meet the operating limits established on the date that 
the performance test report is submitted to the EPA's Central Data 
Exchange or postmarked, per the requirements of Sec.  60.2795(b).
    (c) If you use a fabric filter to comply with the emission 
limitations and you do not use a particulate matter (PM) continuous 
parameter monitoring system (CPMS) for monitoring PM compliance, 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 and you do not use a PM CPMS for monitoring PM 
compliance, 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

[[Page 416]]

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), 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 either a particulate matter CEMS or a particulate matter CPMS, 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 continuing 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, or the digital signal 
equivalent) 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, or the digital 
signal equivalent, and the establishment of its relationship to manual 
reference method measurements must be determined in units of milliamps 
or digital bits;
    (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; and
    (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, or their digital equivalent, 
from the PM CPMS for the periods corresponding to the compliance test 
runs (e.g., average all your PM CPMS output values for the three 
corresponding Method 5 or Method 29 p.m. test runs).
    (2) If the average of your three PM performance 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 
output values corresponding to the three compliance test runs, and the 
average PM concentration from the Method 5 or Method 29 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:

[[Page 417]]

    (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; and
    (D) If none of the steps in paragraphs (i)(2)(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, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TR16AP19.013

Where:

X1 = the PM CPMS output 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, or the 
digital equivalent, your three run average PM CPMS milliamp value, or 
its digital equivalent, and your three run average PM concentration from 
your three compliance tests, determine a relationship of mg/dscm per 
milliamp or digital signal equivalent, with equation 2:
[GRAPHIC] [TIFF OMITTED] TR16AP19.014

Where:

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

    (iv) Determine your source specific 30-day rolling average operating 
limit using the mg/dscm per milliamp value, or per digital signal 
equivalent, from equation 2 in equation 3, below. This sets your 
operating limit at the PM CPMS output value corresponding to 75 percent 
of your emission limit:

[[Page 418]]

[GRAPHIC] [TIFF OMITTED] TR16AP19.015

Where:

Ol = the operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or digital equivalent, determined 
          from paragraph (i)(2)(i) of this section, and
R = the relative mg/dscm per milliamp, or per digital signal output 
          equivalent, for your PM CPMS, from equation 2.
    (3) 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 or digital signal 
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] TR16AP19.016

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 or 
          digital signal equivalent.

    (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 or 
digital signal bits, 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 
or digital signal value equivalent to the instrument zero output, 
technique by which this zero value was determined, and the average 
milliamp or digital signals corresponding to each PM compliance test 
run.

[84 FR 15884, Apr. 16, 2019, as amended at 85 FR 63406, Oct. 7, 2020]



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

[[Page 419]]

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; and
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (b) [Reserved]

                     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 (except when using Method 9 and Method 22).
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP19.017

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 in Section 
11.4.3.4 of Method 23, regardless of whether the isomers meet 
identification Section 11.4.3.4.1 of Method 23. You must quantify the 
isomers per Section 11.4.3.5 of Method 23. (Note: You may reanalyze the 
sample aliquot or split to reduce the number of isomers to meet the 
identification criteria in Section 11.4.3.4 of Method 23.)
    (3) For each dioxin/furan (tetra- through octa-chlorinated) isomer

[[Page 420]]

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; and
    (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 in Section 
11.4.3.4 of Method 23, regardless of whether the isomers meet 
identification Section 11.4.3.4.1 of Method 23. You must quantify the 
isomers per Section 11.4.3.5 of Method 23. (Note: You may reanalyze the 
sample aliquot or split to reduce the number of isomers to meet the 
identification criteria in Section 11.4.3.4 of Method 23.); and
    (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.

[84 FR 15884, Apr. 16, 2019, as amended at 88 FR 16742, Mar. 20, 2023]



Sec.  60.2695  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 2 of this subpart or tables 6 through 
9 of this subpart.

               Model Rule--Initial Compliance Requirements



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

    (a) You must conduct a performance test, as required under 
Sec. Sec.  60.2670 and 60.2690, 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, to establish the kiln-specific emission limit 
in Sec.  60.2710(y), as applicable, 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.
    (b) As an alternative to conducting a performance test, as required 
under Sec. Sec.  60.2690 and 60.2670, you may use a 30-day rolling 
average of the 1-hour arithmetic average CEMS data, including CEMS data 
during startup and shutdown as defined in this subpart, to determine 
compliance with the emission limitations in Table 1 of this subpart or 
Tables 5 through 8 of this subpart. You must conduct a performance 
evaluation of each continuous monitoring system within 180 days of 
installation of the monitoring system. The initial performance 
evaluation must be conducted prior to collecting CEMS data that will be 
used for the initial compliance demonstration.



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

[[Page 421]]

given solid waste within the 6 months preceding the reintroduction of 
that solid waste in the combustion chamber, you do not need to retest 
until 6 months from the date you reintroduce that solid waste.
    (c) If you commence 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 
from the date you reintroduce solid waste.



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 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.

             Model Rule--Continuous Compliance Requirements



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

    (a) General compliance with standards, considering some units may be 
able to switch between solid waste and non-waste fuel combustion, is 
specified in paragraph (a)(1) through (6) of this section.
    (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, 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, 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 is currently combusting and has combusted over the past 6 months, 
and the fuel(s) or non-waste materials the unit will commence 
combusting;

[[Page 422]]

    (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 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 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 CPMS 
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, as described in 
Sec.  60.2730(o).
    (h) Coal and liquid/gas energy recovery units with annual average 
heat input rates greater than 250 MMBtu/hr may elect to demonstrate 
continuous

[[Page 423]]

compliance with the particulate matter emissions limit using a 
particulate matter CEMS according to the procedures in Sec.  60.2730(n) 
instead of the CPMS 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/hr but less than 250 MMBtu/hr that do 
not use a wet scrubber, fabric filter with bag leak detection system, an 
electrostatic precipitator, particulate matter CEMS, or particulate 
matter CPMS, you must install, operate, certify and maintain a 
continuous opacity monitoring system (COMS) according to the procedures 
in Sec.  60.2730(m).
    (j) For waste-burning kilns, you must conduct an annual performance 
test for the pollutants (except mercury and hydrogen chloride if no acid 
gas wet scrubber or dry scrubber is used) listed in Table 8 of this 
subpart, unless you choose to demonstrate initial and continuous 
compliance using CEMS, as allowed in paragraph (u) of this section. If 
you do not use an acid gas wet scrubber or dry scrubber, you must 
determine compliance with the hydrogen chloride emissions limit using a 
HCl CEMS according to the requirements in paragraph (j)(1) of this 
section. You must determine compliance with the mercury emissions limit 
using a mercury CEMS or an integrated sorbent trap monitoring system 
according to paragraph (j)(2) of this section. You must determine 
continuing compliance with particulate matter using a PM CPMS according 
to paragraph (x) of this section.
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of 
appendix B to 40 CFR part 60. You must operate, maintain, and quality 
assure a HCl CEMS installed and certified under PS 15 according to the 
quality assurance requirements in Procedure 1 of appendix F to 40 CFR 
part 60 except that the Relative Accuracy Test Audit requirements of 
Procedure 1 must be replaced with the validation requirements and 
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, 
maintain and quality assure a HCl CEMS installed and certified under PS 
18 according to the quality assurance requirements in Procedure 6 of 
appendix F to 40 CFR part 60. For any performance specification that you 
use, you must use Method 321 of appendix A to 40 CFR part 63 as the 
reference test method for conducting relative accuracy testing. The span 
value and calibration requirements in paragraphs (j)(1)(i) and (ii) of 
this section apply to all HCl CEMS used under this subpart:
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw unless the monitor is installed on a kiln without an inline raw 
mill. Kilns without an inline raw mill may use a higher span value 
sufficient to quantify all expected emissions concentrations. The HCl 
CEMS data recorder output range must include the full range of expected 
HCl concentration values which would include those expected during 
``mill off'' conditions. The corresponding data recorder range shall be 
documented in the site-specific monitoring plan and associated records; 
and
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (j)(1)(ii)(A) 
through (C) of this section:
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 ppm of 
total HCl. The requirements of the appropriate HCl monitor performance 
specification shall be followed for this second span with the exception 
that a RATA with the mill off is not required;

[[Page 424]]

    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(j)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference gas with a certified value greater than your 
highest expected hourly concentration or greater than 75% of the highest 
measured hourly concentration. The ``above span'' reference gas must 
meet the requirements of the applicable performance specification and 
must be introduced to the measurement system at the probe. Record and 
report the results of this procedure as you would for a daily 
calibration. The ``above span linearity'' challenge is successful if the 
value measured by the HCl CEMS falls within 10 percent of the certified 
value of the reference gas. If the value measured by the HCl CEMS during 
the above span linearity challenge exceeds 10 percent of the certified 
value of the reference gas, the monitoring system must be evaluated and 
repaired and a new ``above span linearity'' challenge met before 
returning the HCl CEMS to service, or data above span from the HCl CEMS 
must be subject to the quality assurance procedures established in 
(j)(1)(ii)(D) of this section. In this manner values measured by the HCl 
CEMS during the above span linearity challenge exceeding 20 percent of the certified value of the reference gas 
must be normalized using equation 6;
    (C) Quality assure any data above the span value established in 
paragraph (j)(1)(i) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of HCl 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' HCl reference gas standard to the HCl 
CEMS. The ``above span'' reference gas must meet the requirements of the 
applicable performance specification and target a concentration level 
between 50 and 150 percent of the highest expected hourly concentration 
measured during the period of measurements above span, and must be 
introduced at the probe. While this target represents a desired 
concentration range that is not always achievable in practice, it is 
expected that the intent to meet this range is demonstrated by the value 
of the reference gas. Expected values may include above span 
calibrations done before or after the above-span measurement period. 
Record and report the results of this procedure as you would for a daily 
calibration. The ``above span'' calibration is successful if the value 
measured by the HCl CEMS is within 20 percent of the certified value of 
the reference gas. If the value measured by the HCl CEMS is not within 
20 percent of the certified value of the reference gas, then you must 
normalize the stack gas values measured above span as described in 
paragraph (j)(1)(ii)(D) of this section. If the ``above span'' 
calibration is conducted during the period when measured emissions are 
above span and there is a failure to collect the one data point in an 
hour due to the calibration duration, then you must determine the 
emissions average for that missed hour as the average of hourly averages 
for the hour preceding the missed hour and the hour following the missed 
hour. In an hour where an ``above span'' calibration is being conducted 
and one or more data points are collected, the emissions average is 
represented by the average of all valid data points collected in that 
hour; and
    (D) In the event that the ``above span'' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must normalize 
the one-hour average stack gas values measured above the span during the 
24-hour period preceding or following the ``above span'' calibration for 
reporting based on the HCl CEMS response to the reference gas as shown 
in equation 6:
[GRAPHIC] [TIFF OMITTED] TR16AP19.018


[[Page 425]]



Only one ``above span'' calibration is needed per 24-hour period.
    (2) Compliance with the mercury emissions limit must be determined 
using a mercury CEMS or integrated sorbent trap monitoring system 
according to the following requirements:
    (i) You must operate a mercury CEMS in accordance with performance 
specification 12A at 40 CFR part 60, appendix B or an integrated sorbent 
trap monitoring system in accordance with performance specification 12B 
at 40 CFR part 60, appendix B; these monitoring systems must be quality 
assured according to procedure 5 of 40 CFR 60, appendix F. For the 
purposes of emissions calculations when using an integrated sorbent trap 
monitoring system, the mercury concentration determined for each 
sampling period must be assigned to each hour during the sampling 
period. If you choose to comply with the production-rate based mercury 
limit for your waste-burning kiln, you must also monitor hourly clinker 
production and determine the hourly mercury emissions rate in pounds per 
million ton of clinker produced. You must demonstrate compliance with 
the mercury emissions limit using a 30-day rolling average of these 1-
hour mercury concentrations or mass emissions rates, 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;
    (ii) Owners or operators using a mercury CEMS or integrated sorbent 
trap monitoring system to determine mass emission rate 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 specification 6 at 40 CFR 
part 60, appendix B and conducting an annual relative accuracy test of 
the continuous emission rate monitoring system according to section 8.2 
of performance specification 6; and
    (iii) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury CEMS or integrated sorbent 
trap monitoring system 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; 
and
    (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 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; and

[[Page 426]]

    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c) introductory text, 
(c)(1) and (4), and (d) through (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; and
    (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 plugging 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; and
    (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; and
    (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) and (2) of this 
section:
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates; and
    (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

[[Page 427]]

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; and
    (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; and
    (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 initial and 
continuous 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(l) to measure sulfur dioxide. The sulfur 
dioxide CEMS must follow the procedures and methods specified in 
paragraph (s) of this section. 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; and
    (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 subpart. 
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 subpart.
    (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 initial and 
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. 
The nitrogen oxides CEMS must follow the procedures and methods 
specified in paragraphs (t)(1) through (4) of this section:

[[Page 428]]

    (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; and
    (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 (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; and
    (iv) A minimum of 3 runs must be performed.
    (u) For facilities using a CEMS or an integrated sorbent trap 
monitoring system for mercury to demonstrate initial and 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 or an integrated sorbent trap monitoring 
system 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 appendix A-7 of this part. The 1-hour arithmetic averages 
for CEMS must be calculated using the data points required under Sec.  
60.13(e)(2). Except for CEMS or an integrated sorbent trap monitoring 
system data during startup and shutdown, the 1-hour arithmetic averages 
used to calculate the 30-day rolling average emission concentrations 
must be corrected to 7 percent oxygen (dry basis). Integrated sorbent 
trap monitoring system or 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; and
    (2) Operate all CEMS and integrated sorbent trap monitoring systems 
in accordance with the applicable procedures under appendices B and F of 
this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for PM, HCl, lead, cadmium, mercury, nitrogen oxides, sulfur 
dioxide, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu/hr 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

[[Page 429]]

limit for oxygen is not below the lowest hourly average oxygen 
concentration measured during the most recent CO performance test; and
    (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/hr 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 paragraphs (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 or the digital signal equivalent;
    (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; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments 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 or the digital signal equivalent.
    (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 or their digital 
equivalent).
    (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 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS

[[Page 430]]

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;
    (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. 
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 paragraph (x) of this 
section; and
    (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.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack(s), the combined emissions 
are subject to the emission limits applicable to waste-burning kilns. To 
determine the kiln-specific emission limit for demonstrating compliance, 
you must:
    (1) Calculate a kiln-specific emission limit using equation 7:
    [GRAPHIC] [TIFF OMITTED] TR16AP19.019
    

Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
          depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, 
          depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, ng/
          dscm, depending on pollutant. Each corrected to 7% 
          O2.)
Qks = Kiln stack flow rate (volume/hr)

    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill.
    (3) For purposes of determining the combined emissions from kilns 
equipped with an alkali bypass or that exhaust kiln gases to a coal mill 
that exhausts through a separate stack, instead of installing a CEMS or 
PM CPMS on the alkali bypass stack or in-line coal mill stack, the 
results of the initial and subsequent performance test can be used to 
demonstrate compliance with the relevant emissions limit. A performance 
test must be conducted on an annual basis (no later than 13 calendar 
months following the previous performance test).

[84 FR 15884, Apr. 16, 2019, as amended at 85 FR 63406, Oct. 7, 2020]



Sec.  60.2715  By what date must I conduct the annual performance test?

    You must conduct annual performance tests no later than 13 calendar 
months following the previous performance test.

[85 FR 63406, Oct. 7, 2020]



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.

[[Page 431]]



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, as specified in Sec.  
60.2725. New operating limits become effective on the date that the 
performance test report is submitted to the EPA's Central Data Exchange 
or postmarked, per the requirements of Sec.  60.2795(b). 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; and
    (3) You can conduct performance tests less often if you meet the 
following conditions: Your performance tests for the pollutant for at 
least 2 consecutive performance tests demonstrates that the emission 
level for the pollutant is no greater than the emission level specified 
in paragraph (a)(3)(i) or (ii) of this section, as applicable; there are 
no changes in the operation of the affected source or air pollution 
control equipment that could increase emissions; 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. 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 for the pollutant no more 
than 37 months following the previous performance test for the 
pollutant. If the emission level for your CISWI continues to meet the 
emission level specified in paragraph (a)(3)(i) or (ii) of this section, 
as applicable, you may choose to conduct performance tests for the 
pollutant every third year, as long as there are no changes in the 
operation of the affected source or air pollution control equipment that 
could increase emissions. Each such performance test must be conducted 
no more than 37 months after the previous performance test.
    (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; and
    (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 does not 
meet the emission level specified in paragraph (a)(3)(i) or (a)(3)(ii) 
of this section, as applicable, you must conduct annual performance 
tests for the pollutant according to the schedule specified in paragraph 
(a) of this section until you qualify for less frequent testing for the 
pollutant as specified in paragraph (a)(3) of this section.
    (b) [Reserved]



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

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

                         Model Rule--Monitoring



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

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec.  60.2670, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 3 
of this subpart. These devices (or methods) must measure and record the 
values for

[[Page 432]]

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 and you do not use a PM CPMS or PM CEMS for monitoring PM 
compliance, 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 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; and
    (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) or the minimum reagent flow 
rate measured as 3-hour block averages at all times; and
    (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 and you do not use a PM CPMS for 
monitoring PM compliance, 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, you must install, calibrate, maintain, and operate a CEMS for 
monitoring hydrogen chloride emissions discharged to the atmosphere, as 
specified in Sec.  60.2710(j), and record the output of the system. You 
may substitute use of a HCl CEMS for conducting the HCl initial and 
annual testing with EPA Method 321 at 40 CFR part 63, appendix A. For 
units other than waste-burning kilns not equipped with a wet scrubber or 
dry scrubber, a

[[Page 433]]

facility may substitute use of a hydrogen chloride CEMS for conducting 
the hydrogen chloride initial and annual performance test. For units 
equipped with a hydrogen chloride CEMS, you are not required to monitor 
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 either a particulate 
matter CEMS or a particulate matter CPMS for conducting the particulate 
matter annual performance test. For units equipped with a particulate 
matter CEMS, you are not required to use other CMS monitoring for PM 
compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber 
pressure). A facility may also substitute use of a particulate matter 
CEMS for conducting the PM initial performance test.
    (i) To demonstrate initial and continuous compliance with the 
dioxin/furan emissions limit, a facility may substitute use of a 
continuous automated sampling system for the dioxin/furan initial and 
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 
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 initial and continuous compliance with the 
mercury emissions limit, a facility may substitute use of a mercury CEMS 
or and integrated sorbent trap monitoring system for the mercury initial 
and annual performance test. The owner or operator who elects to 
continuously measure 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 the mercury CEMS or integrated 
sorbent trap monitoringsystem and must comply with performance 
specification 12A or performance specification 12B, respectively, and 
quality assurance procedure 5. For the purposes of emissions 
calculations when using an integrated sorbent trap monitoring system, 
the mercury concentration determined for each sampling period must be 
assigned to each hour during the sampling period. For units equipped 
with a mercury CEMS or an integrated sorbent trap monitoring system, you 
are not required to monitor the minimum sorbent flow rate, if activated 
carbon sorbent injection is used solely for compliance with the mercury 
emission limit. Waste-burning kilns must install, calibrate, maintain, 
and operate a mercury CEMS or an integrated sorbent trap monitoring 
system as specified in Sec.  60.2710(j).
    (k) To demonstrate initial and continuous compliance with the 
nitrogen oxides emissions limit, a facility may substitute use of a CEMS 
for the nitrogen oxides initial and annual performance test to 
demonstrate compliance with the nitrogen oxides emissions limits. For 
units equipped with a nitrogen xides CEMS, you are not required to 
monitor 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 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; and

[[Page 434]]

    (2) Compliance with the emission limit for nitrogen oxides must be 
determined based on the 30-day rolling average of the hourly emission 
concentrations using CEMS outlet data, as outlined in Sec.  60.2710(u).
    (l) To demonstrate initial and continuous compliance with the sulfur 
dioxide emissions limit, a facility may substitute use of a CEMS for the 
sulfur dioxide initial and 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; and
    (2) Compliance with the sulfur dioxide emission limit shall be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data, as outlined in 
Sec.  60.2710(u).
    (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, an electrostatic 
precipitator, particulate matter CEMS, or particulate matter CPMS, 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); and
    (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 monitoring 
with a particulate matter CPMS according to paragraph (r) of this 
section, must install, calibrate, maintain and operate a PM CEMS and 
must comply with the requirements specified in paragraphs (n)(1) through 
(10) of this section:
    (1) The PM CEMS 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;
    (2) 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;
    (3) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using

[[Page 435]]

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(t)(4)(i) through (iv);
    (4) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions. If PM CEMS 
are elected for demonstrating compliance, and the initial performance 
test has not yet been conducted, then initial 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 section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 of this part;
    (5) Continuous 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.
    (6) At a minimum, valid continuous monitoring system hourly averages 
must be obtained as specified Sec.  60.2735;
    (7) The 1-hour arithmetic averages required under paragraph (n)(5) 
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);
    (8) All valid CEMS data must be used in calculating average emission 
concentrations even if the minimum CEMS data requirements of paragraph 
(n)(6) of this section are not met;
    (9) The CEMS must be operated according to performance specification 
11 in appendix B of this part; and,
    (10) Quarterly and yearly accuracy audits and daily drift, system 
optics, and sample volume checks must be performed in accordance with 
procedure 2 in appendix F of this part.
    (o) To demonstrate initial and continuous compliance with the carbon 
monoxide emissions limit, a facility may substitute use of a CEMS for 
the carbon monoxide initial and 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 
4A or 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; and
    (2) Compliance with the carbon monoxide emission limit shall 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, as outlined 
in Sec.  60.2710(u).
    (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/hr or greater that do not use a carbon monoxide CEMS, you must 
install, operate and maintain the continuous oxygen monitoring system as 
defined in Sec.  60.2875 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;

[[Page 436]]

    (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) of this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test; and
    (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/hr 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 or the digital signal equivalent;
    (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; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments 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 or the digital signal equivalent.
    (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 or digital bits).
    (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); and
    (iii) Any PM CPMS data recorded during periods of CEMS data during

[[Page 437]]

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;
    (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 the operation of the emissions control device(s). 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; and
    (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.
    (t) If you are required to monitor clinker production because you 
comply with the production-rate based mercury limit for your waste-
burning kiln, 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 in tons-mass per hour of 
the amount of clinker produced. The system of measuring hourly clinker 
production must be maintained within 5 percent 
accuracy, or
    (ii) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates in tons-mass per hour of 
the amount of feed to the kiln. The system of measuring feed must be 
maintained within 5 percent accuracy. Calculate 
your hourly clinker production rate using a kiln-specific feed to 
clinker ratio based on reconciled clinker production determined for 
accounting purposes and recorded feed rates. Update this ratio monthly. 
Note that if this ratio changes at clinker reconciliation, you must use 
the new ratio going forward, but you do not have to retroactively change 
clinker production rates previously estimated.
    (2) Determine the accuracy of the system of measuring hourly clinker 
production (or feed mass flow if applicable) before the final compliance 
date of this rule and during each quarter of source operation.
    (3) Conduct accuracy checks in accordance with the procedures 
outlined in your site-specific monitoring plan under Sec.  60.2710(l).



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)), and required monitoring 
system quality assurance or quality control activities including, as 
applicable, calibration checks and required

[[Page 438]]

zero and span adjustments. A monitoring system malfunction is any 
sudden, infrequent, not reasonably preventable failure of the monitoring 
system to provide valid data. Monitoring system failures that are caused 
in part by poor maintenance or careless operation are not malfunctions. 
You are required to effect monitoring system repairs in response to 
monitoring system malfunctions or out-of-control periods and to return 
the monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during the monitoring system 
malfunctions, repairs associated with monitoring system malfunctions or 
out-of control periods, or required monitoring system quality assurance 
or control activities in calculations used to report emissions or 
operating levels. You must use all the data collected during all other 
periods, including data normalized for above scale readings, in 
assessing the operation of the control device and associated control 
system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

                 Model Rule--Recordkeeping and Reporting



Sec.  60.2740  What records must I keep?

    You must maintain the 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 (7) 
of this section:
    (1) The CISWI 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 CISWIs 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; and
    (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).
    (7) If you monitor clinker production in accordance with Sec.  
60.2730(t):
    (i) Hourly clinker rate produced if clinker production is measured 
directly;
    (ii) Hourly measured kiln feed rates and calculated clinker 
production rates if clinker production is not measured directly;
    (iii) 30-day rolling averages for mercury in pounds per million tons 
of clinker produced;
    (iv) The initial and quarterly accuracy of the system of measruing 
hourly clinker production (or feed mass flow).
    (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.

[[Page 439]]

Retain a copy of the complete test report including calculations.
    (g) Records showing the names of CISWI 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.
    (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 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. If you monitor emissions with a CEMS, you 
must indicate which data are CEMS data during startup and shutdown:
    (1) All 6-minute average levels of opacity;
    (2) All 1-hour average concentrations of sulfur dioxide emissions;
    (3) All 1-hour average concentrations of nitrogen oxides emissions;
    (4) All 1-hour average concentrations of carbon monoxide emissions;
    (5) All 1-hour average concentrations of particulate matter 
emissions;
    (6) All 1-hour average concentrations of mercury emissions;
    (7) All 1-hour average concentrations of HCl CEMS outputs;
    (8) All 1-hour average percent oxygen concentrations; and
    (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) 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), you must keep records as

[[Page 440]]

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 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.



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; and
    (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 
items listed in paragraphs (a) through (p) 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 (30-day average for energy recovery units), as applicable, 
for each operating parameter recorded for the calendar year being 
reported;

[[Page 441]]

    (g) Information recorded under Sec.  60.2740(b)(6) and (c) through 
(e) for the calendar year being reported;
    (h) For each performance test conducted during the reporting period, 
if any performance test is conducted, the process unit(s) tested, the 
pollutant(s) tested and the date that such performance test was 
conducted. Submit, following the procedure specified in Sec.  
60.2795(b)(1), the performance test report no later than the date that 
you submit the annual report;
    (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 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 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 at which the deviation 
occurred during the reporting period; and
    (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 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 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;
    (9) A brief description of the CISWI;
    (10) A brief description of the continuous monitoring system;
    (11) The date of the latest continuous monitoring system 
certification or audit; and
    (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

[[Page 442]]

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; and
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.
    (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.



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 (30-day average for energy recovery units or for PM CPMS) 
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, if a performance test was 
conducted that deviated from any emission limitation, if a 30-day 
average measured using a CEMS 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 four items described in 
paragraphs (a) through (d) 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; and
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and for any test report that documents the emission levels the 
process unit(s) tested, the pollutant(s) tested and the date that the 
performance test was conducted. Submit, following the procedure 
specified in Sec.  60.2795(b)(1), the performance test report no later 
than the date that you submit the deviation report.



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; and
    (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:

[[Page 443]]

    (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; and
    (iii) Request approval from the Administrator to continue operation 
of the CISWI.
    (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, 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 
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; and
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.



Sec.  60.2795  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically or 
in paper format, postmarked on or before the submittal due dates. 
Beginning on April 16, 2021 or once the reporting form has been 
available in CEDRI for 1 year, whichever is later, you must submit 
subsequent reports on or before the submittal dates to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI), which CEDRI 
can be accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). Use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the 
extensible markup language (XML) schema listed on the CEDRI website 
(https://www3.epa.gov/ttn/chief/cedri/index.html). When the date forms 
become available in CEDRI will be listed on the CEDRI website. The 
reports must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows:
    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, you must submit the 
results of the performance test following the procedure specified in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www3.epa.gov/ttn/chief/ert/ert__info.html) at the time of the 
test, you must submit the results of the performance test to the EPA via 
the CEDRI. (CEDRI can be accessed through the EPA's CDX (https://
cdx.epa.gov/).) Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternate electronic 
file format consistent with the XML schema listed on the EPA's ERT 
website. If you claim that some of the performance test information 
being submitted is confidential business information (CBI), you must 
submit a complete file generated through the use of the EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on

[[Page 444]]

the EPA's ERT website, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
media to the EPA. The electronic media must be clearly marked as CBI and 
mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same ERT or alternate file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph; and
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (b)(1) or (2) of this section:
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT website at the 
time of the evaluation, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. CEDRI can be accessed through the 
EPA's CDX. Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate file 
format consistent with the XML schema listed on the EPA's ERT website. 
If you claim that some of the performance evaluation information being 
submitted is CBI, you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with the 
XML schema listed on the EPA's ERT website, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic storage media 
must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with 
the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph; and
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT website at the time of the evaluation, 
you must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (c) If you are required to electronically submit a report through 
the Compliance and Emissions Data Reporting Interface (CEDRI) in the 
EPA's Central Data Exchange (CDX), and due to a planned or actual outage 
of either the EPA's CEDRI or CDX systems within the period of time 
beginning 5 business days prior to the date that the submission is due, 
you will be or are precluded from accessing CEDRI or CDX and submitting 
a required report within the time prescribed, you may assert a claim of 
EPA system outage for failure to timely comply with the reporting 
requirement. You must submit notification to the Administrator in 
writing as soon as possible following the date you first knew, or 
through due diligence should have known, that the event may cause or 
caused a delay in reporting. You must provide to the Administrator a 
written description identifying the date, time and length of the outage; 
a rationale for attributing the delay in reporting beyond the regulatory 
deadline to the EPA system outage; describe the measures taken or to be 
taken to minimize the delay in reporting; and identify a date by which 
you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the report must be submitted electronically as soon as 
possible after the outage is resolved. The decision to accept the claim 
of EPA system outage and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.
    (d) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure

[[Page 445]]

event is about to occur, occurs, or has occurred or there are lingering 
effects from such an event within the period of time beginning 5 
business days prior to the date the submission is due, the owner or 
operator may assert a claim of force majeure for failure to timely 
comply with the reporting requirement. For the purposes of this section, 
a force majeure event is defined as 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 you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage). 
If you intend to assert a claim of force majeure, you must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You must 
provide to the Administrator a written description of the force majeure 
event and a rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event; describe the measures 
taken or to be taken to minimize the delay in reporting; and identify a 
date by which you propose to report, or if you have already met the 
reporting requirement at the time of the notification, the date you 
reported. In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs. The decision to accept 
the claim of force majeure and allow an extension to the reporting 
deadline is solely within the discretion of the Administrator.



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 and ACI subject to standards under this subpart must 
operate pursuant to a permit issued under Clean Air Act sections 129(e) 
and Title V.

               Model Rule--Air Curtain Incinerators (ACIs)



Sec.  60.2810  What is an air curtain incinerator?

    (a) An ACI 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 Sec.  60.2805 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  60.2810 through 60.2870):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (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; and
    (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.

[[Page 446]]



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); and
    (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; and
    (b) Maintain an onsite copy of the final control plan.



Sec.  60.2845  How do I comply with the increment of progress for
achieving final compliance?

    For the final compliance increment of progress, you must complete 
all process changes and retrofit construction of control devices, as 
specified in the final control plan, so that, if the affected 
incinerator is brought online, all necessary process changes and air 
pollution control devices would operate as designed.



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

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



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

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



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

    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; and
    (b) Maintain opacity to less than or equal to 35 percent opacity (as 
determined by the average of three 1-hour blocks consisting of ten 6-
minute average opacity values) during the startup period that is within 
the first 30 minutes of operation.



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

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.

[[Page 447]]

    (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 ACI; and
    (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.

                         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.
    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 (ACI) 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.

[[Page 448]]

    CEMS data during startup and shutdown means the following:
    (1) For incinerators and small remote incinerators: CEMS data 
collected during the first hours of operation of a CISWI 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 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 energy recovery units: CEMS data collected during the 
startup or shutdown periods of operation. Startup begins with either the 
first-ever firing of fuel in a boiler or process heater for the purpose 
of supplying useful thermal energy (such as steam or heat) for heating, 
cooling or process purposes, or producing electricity, or the firing of 
fuel in a boiler or process heater for any purpose after a shutdown 
event. Startup ends four hours after when the boiler or process heater 
makes useful thermal energy (such as heat or steam) for heating, 
cooling, or process purposes, or generates electricity, whichever is 
earlier. Shutdown begins when the boiler or process heater no longer 
makes useful thermal energy (such as heat or steam) for heating, 
cooling, or process purposes and/or generates electricity or when no 
fuel is being fed to the boiler or process heater, whichever is earlier. 
Shutdown ends when the boiler or process heater no longer makes useful 
thermal energy (such as steam or heat) for heating, cooling, or process 
purposes and/or generates electricity, and no fuel is being combusted in 
the boiler or process heater; and
    (3) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup means 
the time from when a shutdown kiln first begins firing fuel until it 
begins producing clinker. Startup begins when a shutdown kiln turns on 
the induced draft fan and begins firing fuel in the main burner. Startup 
ends when feed is being continuously introduced into the kiln for at 
least 120 minutes or when the feed rate exceeds 60 percent of the kiln 
design limitation rate, whichever occurs first. Shutdown means the 
cessation of kiln operation. Shutdown begins when feed to the kiln is 
halted and ends when continuous kiln rotation ceases.
    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 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; and
    (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

[[Page 449]]

chromate copper arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration unit (CISWI) 
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. While 
not all CISWIs will include all of the following components, a CISWI 
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 does not include air pollution control 
equipment or the stack. The CISWI 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 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; and
    (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

[[Page 450]]

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.
    In-line coal mill means those coal mills using kiln exhaust gases in 
their process. Coal mills with a heat source other than the kiln or coal 
mills using exhaust gases from the clinker cooler alone are not an in-
line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement production 
process where a dry kiln system is integrated with the raw mill so that 
all or a portion of the kiln exhaust gases are used to perform the 
drying operation of the raw mill, with no auxiliary heat source used. In 
this system the kiln is capable of operating without the raw mill 
operating, but the raw mill cannot operate without the kiln gases, and 
consequently, the raw mill does not generate a separate exhaust gas 
stream.
    Kiln means an oven or furnace, including any associated preheater or 
precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses 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. Because 
the alkali bypass, in-line raw mill and in-line coal mill are considered 
an integral part of the kiln, the kiln emissions limits also apply to 
the exhaust of the alkali bypass, in-line raw mill and in-line coal 
mill.
    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 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,

[[Page 451]]

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 means a CISWI 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 (not including the cost of land) updated to current costs (current 
dollars). To determine what systems are within the boundary of the CISWI 
used to calculate these costs, see the definition of CISWI; and
    (2) Any physical change in the CISWI 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.
    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 over its 
operating range. 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 or draft controller.
    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 
CISWIs 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.

[[Page 452]]

    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the CISWI 
which may increase the emission rate of any air pollutant to which a 
standard applies;
    (2) An operational change to the CISWI 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 (e.g., replacing an electrostatic precipitator with a fabric 
filter); and
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI (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 and meeting two criteria:
    (1) The reconstruction begins on or after August 7, 2013; and
    (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 (not including land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI used to calculate these costs, see the definition of CISWI.
    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; and
    (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 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, for incinerators and small, remote incinerators, 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

[[Page 453]]

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, for incinerators and small, remote 
incinerators, the period of time between the activation of the system 
and the first charge to the unit.
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected energy recovery 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 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; or
    (3) Clean lumber.

[[Page 454]]



   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 \1\
------------------------------------------------------------------------
Increment 1-Submit final control plan..  (Dates to be specified in state
                                          plan).
Increment 2-Final compliance...........  (Dates to be specified in state
                                          plan).\2\
------------------------------------------------------------------------
\1\ Site-specific schedules can be used at the discretion of the state.
\2\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWIs 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 CISWIs that commenced construction on or
  before June 4, 2010.



     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] \1\

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\                method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B, of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of this part).
Hydrogen chloride....................  62 parts per million by  3-run average (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 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                          appendix A-8) or ASTM
                                                                                          D6784-02 (Reapproved
                                                                                          2008).\4\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).
Nitrogen oxides......................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of this
                                                                                          part).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\3\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2710 and 60.2730. As prescribed in Sec.   60.2710(u), if you use a CEMS or integrated sorbent
  trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
  rolling average of 1-hour arithmetic average emission concentrations.
\4\ Incorporated by reference, see Sec.   60.17.



 Sec. Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits 
                            for Wet Scrubbers

----------------------------------------------------------------------------------------------------------------
                                  You must establish          And monitor 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).\1\

[[Page 455]]

 
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling.\1\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
Scrubber liquor flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling.\1\
Scrubber liquor pH..............  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling.\1\
----------------------------------------------------------------------------------------------------------------
\1\ 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 equivalency
                 Dioxin/furan isomer                        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 5 to Subpart DDDD of Part 60--Model Rule--Summary of 
                       Reporting Requirements \1\

----------------------------------------------------------------------------------------------------------------
               Report                       Due date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan..............  No later than the date   Waste     Sec.   60.2755.
                                      specified in table 1    management plan.
                                      for submittal of the
                                      final control plan.
Initial Test Report................  No later than 60 days    Complete  Sec.   60.2760.
                                      following the initial   test report for the
                                      performance test.       initial performance test.
                                                              The
                                                              values for the site-
                                                              specific operating limits.
                                                             
                                                              Installation of bag leak
                                                              detection systems for
                                                              fabric filters.

[[Page 456]]

 
Annual report......................  No later than 12         Name and  Sec.  Sec.   60.2765
                                      months following the    address.                     and 60.2770.
                                      submission of the      
                                      initial test report.    Statement and signature by
                                      Subsequent reports      responsible official.
                                      are to be submitted     Date of
                                      no more than 12         report.
                                      months following the    Values
                                      previous report.        for the operating limits.
                                                              Highest
                                                              recorded 3-hour average
                                                              and the lowest 3-hour
                                                              average, as applicable,
                                                              (or 30-day average, if
                                                              applicable) for each
                                                              operating parameter
                                                              recorded for the calendar
                                                              year being reported.
                                                              If a
                                                              performance test was
                                                              conducted during the
                                                              reporting period, the
                                                              results of the test.
                                                              If a
                                                              performance test was not
                                                              conducted during the
                                                              reporting period, a
                                                              statement that the
                                                              requirements of Sec.
                                                              60.2720(a) were met.
                                                             
                                                              Documentation of periods
                                                              when all qualified CISWI
                                                              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.
                                                              Any
                                                              malfunction, deviation, or
                                                              continuous monitoring
                                                              system out of control
                                                              periods information as
                                                              specified in Sec.
                                                              60.2770(k) through (o).
                                                              Fuel
                                                              input information for
                                                              energy recovery unit
                                                              subcategory verification
                                                              as specified in Sec.
                                                              60.2770(p).
Emission limitation or operating     By August 1 of that      Dates     Sec.   60.2775 and
 limit deviation report.              year for data           and times of deviation.      60.2780.
                                      collected during the    Averaged
                                      first half of the       and recorded data for
                                      calendar year. By       those dates.
                                      February 1 of the       Duration
                                      following year for      and causes of each
                                      data collected during   deviation and the
                                      the second half of      corrective actions taken.
                                      the calendar year.      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 Status  Every 4 weeks                      Sec.   60.2785(a)(2).
 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.   operation.              Notification that you are
                                                              resuming operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.



     Sec. Table 6 to Subpart DDDD of Part 60--Model Rule--Emission 
    Limitations That Apply to Incinerators on and After [Date To Be 
                      Specified in State Plan] \1\

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\                method \3\
----------------------------------------------------------------------------------------------------------------
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.

[[Page 457]]

 
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).
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.                   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),\4\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\4\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Nitrogen oxides......................  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).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.
\3\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2710 and 60.2730. As prescribed in Sec.   60.2710(u), if you use a CEMS or integrated sorbent
  trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
  rolling average of 1-hour arithmetic average emission concentrations.
\4\ Incorporated by reference, see Sec.   60.17.



     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] 1
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \2\                       Using this        And determining
      For the air pollutant      ---------------------------------------- averaging time \3\   compliance using
                                      Liquid/gas            Solids                              this method \3\
----------------------------------------------------------------------------------------------------------------
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.        2 dry standard      appendix A-8).
                                                       Coal--0.0017        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. Coal--95    sample time per     CFR part 60,
                                                       parts per million   run).               appendix A-4).
                                                       dry volume.

[[Page 458]]

 
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. Coal--5.1    4 dry standard      appendix A-7).
                                                       nanograms per dry   cubic meter).
                                                       standard cubic
                                                       meter.
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. Coal--       4 dry standard      appendix A-7).
                                                       0.075 nanograms     cubic meters).
                                                       per dry standard
                                                       cubic meter.
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. Coal--  collect a minimum   at 40 CFR part
                                                       58 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.        2 dry standard      appendix A-8).
                                                       Coal--0.057         cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.
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--0.013         \4\, collect a      or ASTM D6784-02
                                                       milligrams per      minimum volume of   (Reapproved
                                                       dry standard        2 dry standard      2008).\4\
                                                       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).
Nitrogen oxides.................  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. Coal--460   minimum sample      at 40 CFR part
                                                       parts per million   time per run).      60, appendix A-
                                                       dry volume.                             4).
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--130           cubic meter).       or appendix A-8).
                                                       milligrams per
                                                       dry standard
                                                       cubic meter.
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. Coal--850   sample time per     at 40 CFR part
                                                       parts per million   run).               60, appendix A-
                                                       dry volume.                             4).
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.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.
\3\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2710 and 60.2730. As prescribed in Sec.   60.2710(u), if you use a CEMS or integrated sorbent
  trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
  rolling average of 1-hour arithmetic average emission concentrations.
\4\ Incorporated by reference, see Sec.   60.17.


[85 FR 63406, Oct. 7, 2020]

[[Page 459]]



     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] 1
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\                method 3 4
----------------------------------------------------------------------------------------------------------------
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.                   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
                                                                 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
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (collect   If a wet scrubber or
                                        dry volume.              a minimum volume of 1    dry scrubber is used,
                                                                 dry standard cubic       performance test
                                                                 meter), or 30-day        (Method 321 at 40 CFR
                                                                 rolling average if HCl   part 63, appendix A of
                                                                 CEMS is being used.      this part). If a wet
                                                                                          scrubber or dry
                                                                                          scrubber is not used,
                                                                                          HCl CEMS as specified
                                                                                          in Sec.   60.2710(j).
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.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.011 milligrams per     30-day rolling average.  Mercury CEMS or
                                        dry standard cubic                                integrated sorbent
                                        meter. Or 58 pounds/                              trap monitoring system
                                        million tons of                                   (performance
                                        clinker.                                          specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B and
                                                                                          procedure 5 of
                                                                                          appendix F of this
                                                                                          part), as specified in
                                                                                          Sec.   60.2710(j).
Nitrogen oxides......................  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........  13.5 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-8).
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).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap
  monitoring system data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you
  must meet either the total mass basis limit or the toxic equivalency basis limit.
\3\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2710 and 60.2730. As prescribed in Sec.   60.2710(u), if you use a CEMS or integrated sorbent
  trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
  rolling average of 1-hour arithmetic average emission concentrations.
\4\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in Sec.
  60.2710(y)(3). They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS
  requirements that otherwise may apply to the main kiln exhaust.


[85 FR 63407, Oct. 7, 2020]

[[Page 460]]



     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] \1\

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\                method \3\
----------------------------------------------------------------------------------------------------------------
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
                                                                 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
                                                                 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).
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),\3\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\4\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Nitrogen oxides......................  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 (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.......................  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).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.
\3\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
  system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
  the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
  Sec.  Sec.   60.2710 and 60.2730. As prescribed in Sec.   60.2710(u), if you use a CEMS or integrated sorbent
  trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
  rolling average of 1-hour arithmetic average emission concentrations.
\4\ Incorporated by reference, see Sec.   60.17.


[[Page 461]]



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

    Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

                              Introduction



Sec.  60.2880  What does this subpart do?

    This subpart establishes new source performance standards for other 
solid waste incineration (OSWI) units. Other solid waste incineration 
units are very small municipal waste combustion units and institutional 
waste incineration units.



Sec.  60.2881  When does this subpart become effective?

    This subpart takes effect June 16, 2006. Some of the requirements in 
this subpart apply to planning the incineration unit and must be 
completed even before construction is initiated on the unit (i.e., the 
preconstruction requirements in Sec. Sec.  60.2894 and 60.2895). Other 
requirements such as the emission limitations and operating limits apply 
when the unit begins operation.

                              Applicability



Sec.  60.2885  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified 
in paragraphs (a) through (c) of this section.
    (a) Your incineration unit is a new incineration unit as defined in 
Sec.  60.2886.
    (b) Your incineration unit is an OSWI unit as defined in Sec.  
60.2977 or an air curtain incinerator subject to this subpart as 
described in Sec.  60.2888(b). Other solid waste incineration units are 
very small municipal waste combustion units and institutional waste 
incineration units as defined in Sec.  60.2977.
    (c) Your incineration unit is not excluded under Sec.  60.2887.



Sec.  60.2886  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit subject to this 
subpart that meets either of the two criteria specified in paragraphs 
(a)(1) or (2) of this section.
    (1) Commenced construction after December 9, 2004.
    (2) Commenced reconstruction or modification on or after June 16, 
2006.
    (b) This subpart does not affect your incineration unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the emission guidelines in subpart FFFF of this part. Such 
changes do not qualify as reconstruction or modification under this 
subpart.



Sec.  60.2887  What combustion units are excluded from this subpart?

    This subpart excludes the types of units described in paragraphs (a) 
through (q) of this section, as long as you meet the requirements of 
this section.
    (a) Cement kilns. Your unit is excluded if it is regulated under 
subpart LLL of part 63 of this chapter (National Emission Standards for 
Hazardous Air Pollutants from the Portland Cement Manufacturing 
Industry).
    (b) Co-fired combustors. Your unit, that would otherwise be 
considered a very small municipal waste combustion unit, is excluded if 
it meets the five requirements specified in paragraphs (b)(1) through 
(5) of this section.
    (1) The unit has a Federally enforceable permit limiting the 
combustion of municipal solid waste to 30 percent of the total fuel 
input by weight.
    (2) You notify the Administrator that the unit qualifies for the 
exclusion.
    (3) You provide the Administrator with a copy of the Federally 
enforceable permit.
    (4) You record the weights, each calendar quarter, of municipal 
solid waste and of all other fuels combusted.
    (5) You keep each report for 5 years. These records must be kept on 
site for at least 2 years. You may keep the records off site for the 
remaining 3 years.

[[Page 462]]

    (c) Cogeneration facilities. Your unit is excluded if it meets the 
three requirements specified in paragraphs (c)(1) through (3) of this 
section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (d) Commercial and industrial solid waste incineration units. Your 
unit is excluded if it is regulated under subparts CCCC or DDDD of this 
part and is required to meet the emission limitations established in 
those subparts.
    (e) Hazardous waste combustion units. Your unit is excluded if it 
meets either of the two criteria specified in paragraph (e)(1) or (2) of 
this section.
    (1) You are required to get a permit for your unit under section 
3005 of the Solid Waste Disposal Act.
    (2) Your unit is regulated under 40 CFR part 63, subpart EEE 
(National Emission Standards for Hazardous Air Pollutants from Hazardous 
Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. Your unit is 
excluded if it is regulated under subparts Ce or Ec of this part (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators).
    (g) Incinerators and air curtain incinerators in isolated areas of 
Alaska. Your incineration unit is excluded if it is used at a solid 
waste disposal site in Alaska that is classified as a Class II or Class 
III municipal solid waste landfill, as defined in Sec.  60.2977.
    (h) Rural institutional waste incinerators. Your incineration unit 
is excluded if it is an institutional waste incineration unit, as 
defined in Sec.  60.2977, and the application for exclusion described in 
paragraphs (h)(1) and (2) of this section has been approved by the 
Administrator.
    (1) Prior to initial startup, an application and supporting 
documentation demonstrating that the institutional waste incineration 
unit meets the two requirements specified in paragraphs (h)(1)(i) and 
(ii) of this section must be submitted to and approved by the 
Administrator.
    (i) The unit is located more than 50 miles from the boundary of the 
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are 
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section 
must be revised and resubmitted to the Administrator for approval every 
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2) 
of this section and were denied exclusion by the Administrator, you have 
3 years from the expiration date of the current exclusion to comply with 
the emission limits and all other applicable requirements of this 
subpart.
    (i) Institutional boilers and process heaters. Your unit is excluded 
if it is regulated under 40 CFR part 63, subpart DDDDD (National 
Emission Standards for Hazardous Air Pollutants for Industrial, 
Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. Your unit is excluded if it burns 
samples of materials only for the purpose of chemical or physical 
analysis.
    (k) Materials recovery units. Your unit is excluded if it combusts 
waste for the primary purpose of recovering metals. Examples include 
primary and secondary smelters.
    (l) Pathological waste incineration units. Your institutional waste 
incineration unit or very small municipal waste combustion unit is 
excluded from this subpart if it burns 90 percent or more by weight (on 
a calendar quarter basis and excluding the weight of auxiliary fuel and 
combustion air) of pathological waste, low-level radioactive waste, and/
or chemotherapeutic waste as defined in Sec.  60.2977 and you notify the 
Administrator that the unit meets these criteria.
    (m) Small or large municipal waste combustion units. Your unit is 
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb, of 
this part and is

[[Page 463]]

required to meet the emission limitations established in those subparts.
    (n) Small power production facilities. Your unit is excluded if it 
meets the three requirements specified in paragraphs (n)(1) through (3) 
of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in 
disaster recovery. Your incineration unit is excluded if it is used on a 
temporary basis to combust debris from a disaster or emergency such as a 
tornado, hurricane, flood, ice storm, high winds, or act of bioterrorism 
and you comply with the requirements in Sec.  60.2969.
    (p) Units that combust contraband or prohibited goods. Your 
incineration unit is excluded if the unit is owned or operated by a 
government agency such as police, customs, agricultural inspection, or a 
similar agency to destroy only illegal or prohibited goods such as 
illegal drugs, or agricultural food products that can not be transported 
into the country or across State lines to prevent biocontamination. The 
exclusion does not apply to items either confiscated or incinerated by 
private, industrial, or commercial entities.
    (q) Incinerators used for national security. Your incineration unit 
is excluded if it meets the requirements specified in either (q)(1) or 
(2) of this section.
    (1) The incineration unit is used solely during military training 
field exercises to destroy national security materials integral to the 
field exercises.
    (2) The incineration unit is used solely to incinerate national 
security materials, its use is necessary to safeguard national security, 
you follow the exclusion request requirements in paragraphs (q)(2)(i) 
and (ii) of this section, and the Administrator has approved your 
request for exclusion.
    (i) The request for exclusion and supporting documentation must 
demonstrate both that the incineration unit is used solely to destroy 
national security materials and that a reliable alternative to 
incineration that ensures acceptable destruction of national security 
materials is unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to and approved by 
the Administrator prior to initial startup.



Sec.  60.2888  Are air curtain incinerators regulated under this subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are subject to all requirements of this 
subpart, including the emission limitations specified in table 1 of this 
subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per 
day of the materials listed in paragraphs (b)(1) through (4) of this 
section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec.  60.2970 through 60.2974 and are exempt from all other 
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



Sec.  60.2889  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If EPA has delegated authority to 
your State, local, or tribal agency, then that agency (as well as EPA) 
has the authority to implement and enforce this subpart. You should 
contact your EPA Regional Office to find out if this subpart is 
delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency, the

[[Page 464]]

authorities contained in paragraphs (b)(1) through (6) of this section 
are retained by EPA and are not transferred to the State, local, or 
tribal agency.
    (1) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec.  60.2916 and 
table 2 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.  
60.2917.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec.  60.2911(c)(2).



Sec.  60.2890  How are these new source performance standards structured?

    These new source performance standards contain nine major 
components, as follows:
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.



Sec.  60.2891  Do all components of these new source performance standards
apply at the same time?

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

                     Preconstruction Siting Analysis



Sec.  60.2894  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you commence construction, 
reconstruction, or modification of an OSWI unit after June 16, 2006.
    (b) If you commence construction, reconstruction, or modification of 
an OSWI unit after December 9, 2004, but before June 16, 2006, you are 
not required to prepare the siting analysis specified in this subpart.



Sec.  60.2895  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the environment. 
In considering such alternatives, you may consider costs, energy 
impacts, nonair environmental impacts, or any other factors related to 
the practicability of the alternatives.
    (b) Analyses of your OSWI unit's impacts that are prepared to comply 
with State, local, or other Federal regulatory requirements may be used 
to satisfy the requirements of this section, provided they include the 
consideration of air pollution control alternatives specified in 
paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec.  60.2952(c) prior to commencing 
construction, reconstruction, or modification.

                          Waste Management Plan



Sec.  60.2899  What is a waste management plan?

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



Sec.  60.2900  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing 
construction, reconstruction, or modification.



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

[[Page 465]]

such as paper, cardboard, plastics, glass, batteries, or metals; or the 
use of recyclable materials. The plan must identify any additional waste 
management measures and implement those measures the source considers 
practical and feasible, considering the effectiveness of waste 
management measures already in place, the costs of additional measures, 
the emissions reductions expected to be achieved, and any other 
environmental or energy impacts they might have.

                   Operator Training and Qualification



Sec.  60.2905  What are the operator training and qualification 
requirements?

    (a) No OSWI unit can be operated unless a fully trained and 
qualified OSWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified OSWI 
unit operator may operate the OSWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified OSWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec.  60.2911.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the thirteen subjects listed in paragraphs (c)(1)(i) 
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Methods to monitor pollutants (including monitoring of 
incinerator and control device operating parameters) and monitoring 
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec.  60.2906  When must the operator training course be completed?

    The operator training course must be completed by the latest of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) Six months after your OSWI unit startup.
    (b) December 18, 2006.
    (c) The date before an employee assumes responsibility for operating 
the OSWI unit or assumes responsibility for supervising the operation of 
the OSWI unit.



Sec.  60.2907  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2905(c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec.  60.2905(c)(2).



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

[[Page 466]]

five topics described in paragraphs (a) through (e) of this section.
    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown 
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Responses to malfunctions or conditions that may lead to 
malfunction.
    (e) Discussion of operating problems encountered by attendees.



Sec.  60.2909  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  60.2908.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2907(a).



Sec.  60.2910  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the nine topics 
described in paragraphs (a)(1) through (9) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  60.2899 
through 60.2901.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted by December 18, 2006 or prior to an 
employee's assumption of responsibilities for operation of the OSWI 
unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted not later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have 
completed review of the information in paragraph (a) of this section as 
required by paragraph (b) of this section, including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec.  60.2908 or Sec.  60.2909. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec.  60.2911  What if all the qualified operators are temporarily not
accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the three criteria specified in paragraphs (a) through 
(c) of this section, depending on the length of time that a qualified 
operator is not accessible.
    (a) When all qualified operators are not accessible for 12 hours or 
less, the OSWI unit may be operated by other

[[Page 467]]

plant personnel familiar with the operation of the OSWI unit who have 
completed review of the information specified in Sec.  60.2910(a) within 
the past 12 months. You do not need to notify the Administrator or 
include this as a deviation in your annual report.
    (b) When all qualified operators are not accessible for more than 12 
hours, but less than 2 weeks, the OSWI unit may be operated by other 
plant personnel familiar with the operation of the OSWI unit who have 
completed a review of the information specified in Sec.  60.2910(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  60.2956.
    (c) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA every 4 weeks outlining what you 
are doing to ensure that a qualified operator is accessible, stating 
when you anticipate that a qualified operator will be accessible and 
requesting approval from EPA to continue operation of the OSWI unit. You 
must submit the first status report 4 weeks after you notify the 
Administrator of the deviation under paragraph (c)(1) of this section. 
If EPA notifies you that your request to continue operation of the OSWI 
unit is disapproved, the OSWI unit may continue operation for 90 days, 
then must cease operation. Operation of the unit may resume if you meet 
the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
60.2905(a).
    (ii) You notify EPA that a qualified operator is accessible and that 
you are resuming operation.

                Emission Limitations and Operating Limits



Sec.  60.2915  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in table 1 of this 
subpart 60 days after your OSWI unit reaches the charge rate at which it 
will operate, but no later than 180 days after its initial startup.



Sec.  60.2916  What operating limits must I meet and by when?

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

[[Page 468]]

    (4) Minimum scrubber liquor pH, which is calculated as the average 
liquor pH at the inlet to the wet scrubber measured during the most 
recent performance test demonstrating compliance with the hydrogen 
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your OSWI unit reaches the charge 
rate at which it will operate, but no later than 180 days after its 
initial startup.



Sec.  60.2917  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet scrubber 
or limit emissions in some other manner to comply with the emission 
limitations under Sec.  60.2915, you must petition EPA for specific 
operating limits, the values of which are to be established during the 
initial performance test and then continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by EPA. Your petition must include the five items 
listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec.  60.2918  What happens during periods of startup, shutdown, and
malfunction?

    The emission limitations and operating limits apply at all times 
except during OSWI unit startups, shutdowns, or malfunctions.

                           Performance Testing



Sec.  60.2922  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in 
table 1 of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 1 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in ``60.2975.
    (g) Method 26A of appendix A of this part must be used for hydrogen 
chloride concentration analysis, with the additional requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling using 
the procedure described in paragraphs (g)(1)(i) through (iii) of this 
section.
    (i) Assemble the sampling train(s) and conduct a conditioning run by 
collecting between 14 liters per minute (0.5 cubic feet per minute) and 
30 liters per minute (1.0 cubic feet per minute) of gas over a one-hour 
period. Follow the sampling procedures outlined in section 8.1.5 of 
Method 26A of appendix A of this part. For the conditioning run, water 
can be used as the impinger solution.

[[Page 469]]

    (ii) Remove the impingers from the sampling train and replace with a 
fresh impinger train for the sampling run, leaving the probe and filter 
(and cyclone, if used) in position. Do not recover the filter or rinse 
the probe before the first run. Thoroughly rinse the impingers used in 
the preconditioning run with deionized water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack gas 
and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe and 
filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and 134 
[deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the 
requirements specified in paragraphs (g)(3)(i) and (ii) of this section 
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of appendix 
A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of this part must be used.



Sec.  60.2923  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 1 of this subpart.

                     Initial Compliance Requirements



Sec.  60.2927  How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 
Sec.  60.8, to determine compliance with the emission limitations in 
table 1 of this subpart and to establish operating limits using the 
procedure in Sec.  60.2916 or Sec.  60.2917. The initial performance 
test must be conducted using the test methods listed in table 1 of this 
subpart and the procedures in Sec.  60.2922.



Sec.  60.2928  By what date must I conduct the initial performance test?

    The initial performance test must be conducted within 60 days after 
your OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup.

                   Continuous Compliance Requirements



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

    (a) You must conduct an annual performance test for all of the 
pollutants in table 1 of this subpart for each OSWI unit to determine 
compliance with the emission limitations. The annual performance test 
must be conducted using the test methods listed in table 1 of this 
subpart and the procedures in 60.2922.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values are used to determine compliance. A 
12-hour rolling average value above the carbon monoxide emission limit 
in table 1 of this subpart constitutes a deviation from the emission 
limitation.
    (c) You must continuously monitor the operating parameters specified 
in Sec.  60.2916 or established under Sec.  60.2917. Three-hour rolling 
average values are used to determine compliance with the operating 
limits unless a different averaging period is established under Sec.  
60.2917. A 3-hour rolling average value (unless a different averaging 
period is established under Sec.  60.2917) above the established maximum 
or below the established minimum operating limits constitutes a 
deviation from the established operating limits. Operating limits do not 
apply during performance tests.



Sec.  60.2933  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months following 
the initial performance test. Conduct subsequent annual performance 
tests within 12 months following the previous one.



Sec.  60.2934  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least three consecutive annual tests,

[[Page 470]]

and all performance tests for the pollutant over that period show that 
you comply with the emission limitation. In this case, you do not have 
to conduct a performance test for that pollutant for the next 2 years. 
You must conduct a performance test during the 3rd year and no more than 
36 months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for 
the pollutant, you may choose to conduct performance tests for that 
pollutant every 3rd year, but each test must be within 36 months of the 
previous performance test.
    (c) If a performance test shows a deviation from an emission 
limitation for any pollutant, you must conduct annual performance tests 
for that pollutant until three consecutive annual performance tests for 
that pollutant all show compliance.



Sec.  60.2935  May I conduct a repeat performance test to establish new
operating limits?

    Yes, you may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.

                               Monitoring



Sec.  60.2939  What continuous emission monitoring systems must I install?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You must 
monitor the oxygen concentration at each location where you monitor 
carbon monoxide.
    (b) You must install, evaluate, and operate each continuous emission 
monitoring system according to the ``Monitoring Requirements'' in Sec.  
60.13.



Sec.  60.2940  How do I make sure my continuous emission monitoring systems
are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure carbon monoxide 
and oxygen.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 60 days after your OSWI unit reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your carbon monoxide and oxygen 
continuous emission monitoring systems. To validate carbon monoxide 
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of 
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. table 3 of this subpart shows the required 
span values and performance specifications that apply to each continuous 
emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.



Sec.  60.2941  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 12 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.



Sec.  60.2942  What is the minimum amount of monitoring data I must collect
with my continuous emission monitoring systems, and is the data collection 
requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for carbon 
monoxide are in parts per million by dry volume at 7 percent oxygen. Use 
the 1-hour averages of oxygen data from your continuous emission 
monitoring system to determine the actual oxygen level and to calculate 
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous

[[Page 471]]

emission monitoring systems to complete at least one cycle of operation 
(sampling, analyzing, and data recording) for each 15-minute period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for at least 90 percent of the operating days 
per calendar quarter. An operating day is any day the unit combusts any 
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you have deviated from the data collection 
requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations.
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to table 3 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data.



Sec.  60.2943  How do I convert my 1-hour arithmetic averages into the
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.2975 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec.  60.2975 to calculate the 12-hour rolling 
averages for concentrations of carbon monoxide.



Sec.  60.2944  What operating parameter monitoring equipment must I install,
and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitations under Sec.  60.2915, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 2 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 2 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate a device or method for measuring the use of any 
stack that could be used to bypass the control device. The measurement 
must include the date, time, and duration of the use of the bypass 
stack.
    (c) If you are using a method or air pollution control device other 
than a wet scrubber to comply with the emission limitations under Sec.  
60.2915, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  60.2917.



Sec.  60.2945  Is there a minimum amount of operating parameter monitoring 
data I must obtain?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments of 
the monitoring system), you must conduct all monitoring at all times the 
OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent of 
the operating hours per day for at least 90 percent of the operating 
days per calendar quarter. An operating day is any day the unit combusts 
any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs (a) 
and (b) of this section, you have deviated from the data collection 
requirement regardless of the operating parameter level monitored.
    (d) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing compliance with the operating limits.

                       Recordkeeping and Reporting



Sec.  60.2949  What records must I keep?

    You must maintain the 15 items (as applicable) as specified in 
paragraphs

[[Page 472]]

(a) through (o) of this section for a period of at least 5 years.
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8) 
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls 
other than wet scrubbers under Sec.  60.2917, you must maintain data 
collected for all operating parameters used to determine compliance with 
the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions 
and all 3-hour rolling average values of continuously monitored 
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the 
control device.
    (c) Identification of calendar dates and times for which continuous 
emission monitoring systems or monitoring systems used to monitor 
operating limits were inoperative, inactive, malfunctioning, or out of 
control (except for downtime associated with zero and span and other 
routine calibration checks). Identify the pollutant emissions or 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which monitoring 
data show a deviation from the carbon monoxide emissions limit in table 
1 of this subpart or a deviation from the operating limits in table 2 of 
this subpart or a deviation from other operating limits established 
under Sec.  60.2917 with a description of the deviations, reasons for 
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not 
collect the minimum amount of data required under Sec. Sec.  60.2942 and 
60.2945.
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your daily drift tests and quarterly accuracy 
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required 
under Sec.  60.2944.
    (i) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations and a 
description of the types of waste burned during the test.
    (j) All documentation produced as a result of the siting 
requirements of Sec. Sec.  60.2894 and 60.2895.
    (k) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec.  60.2910(a) as required by 
Sec.  60.2910(b), including the date of the initial review and all 
subsequent annual reviews.
    (l) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec.  60.2908 or Sec.  60.2909. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (m) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (n) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (o) The information listed in Sec.  60.2910(a).

[[Page 473]]



Sec.  60.2950  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may 
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.



Sec.  60.2951  What reports must I submit?

    See table 4 of this subpart for a summary of the reporting 
requirements.



Sec.  60.2952  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction that 
includes the five items listed in paragraphs (a) through (e) of this 
section.
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting 
requirements of Sec.  60.2895.
    (d) The waste management plan as specified in Sec. Sec.  60.2899 
through 60.2901.
    (e) Anticipated date of initial startup.



Sec.  60.2953  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating limits 
under Sec.  60.2917.
    (e) The anticipated date of initial startup.



Sec.  60.2954  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) and (b) 
of this section no later than 60 days following the initial performance 
test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec.  60.2927, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec.  60.2916 or Sec.  60.2917.



Sec.  60.2955  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.2954. You must submit 
subsequent reports no more than 12 months following the previous report.



Sec.  60.2956  What information must I include in my annual report?

    The annual report required under Sec.  60.2955 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec.  60.2957 
through 60.2959.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 40 
CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  60.2916 or Sec.  60.2917.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 12-
hour average, as applicable, for carbon monoxide emissions and the 
highest recorded 3-hour average and the lowest recorded 3-hour average, 
as applicable, for each operating parameter recorded for the calendar 
year being reported.

[[Page 474]]

    (g) Information recorded under Sec.  60.2949(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec.  60.2934(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.2934(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators 
were unavailable for more than 12 hours, but less than 2 weeks.



Sec.  60.2957  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if any 
recorded 12-hour average carbon monoxide emission rate is above the 
emission limitation, if the control device was bypassed, or if a 
performance test was conducted that showed a deviation from any emission 
limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).



Sec.  60.2958  What must I include in the deviation report?

    In each report required under Sec.  60.2957, for any pollutant or 
operating parameter that deviated from the emission limitations or 
operating limits specified in this subpart, include the seven items 
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitor 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.
    (g) The dates, times, and durations of any bypass of the control 
device.



Sec.  60.2959  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to EPA every 4 weeks that includes the 
three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from EPA to continue operation of the OSWI 
unit.
    (b) If your unit was shut down by EPA, under the provisions of Sec.  
60.2911(c)(2), due to a failure to provide an accessible qualified 
operator, you must notify EPA that you are resuming operation once a 
qualified operator is accessible.

[[Page 475]]



Sec.  60.2960  Are there any other notifications or reports that I must
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.



Sec.  60.2961  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.



Sec.  60.2962  Can reporting dates be changed?

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

                        Title V Operating Permits



Sec.  60.2966  Am I required to apply for and obtain a title V operating
permit for my unit?

    Yes, if you are subject to this subpart, you are required to apply 
for and obtain a title V operating permit unless you meet the relevant 
requirements for an exemption specified in Sec.  60.2887.



Sec.  60.2967  When must I submit a title V permit application for my
new unit?

    (a) If your new unit subject to this subpart is not subject to an 
earlier permit application deadline, a complete title V permit 
application must be submitted on or before one of the dates specified in 
paragraphs (a)(1) or (2) of this section. (See section 503(c) of the 
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
    (1) For a unit that commenced operation as a new source as of 
December 16, 2005, then a complete title V permit application must be 
submitted not later than December 18, 2006.
    (2) For a unit that does not commence operation as a new source 
until after December 16, 2005, then a complete title V permit 
application must be submitted not later than 12 months after the date 
the unit commences operation as a new source.
    (b) If your new unit subject to this subpart is subject to title V 
as a result of some triggering requirement(s) other than this subpart 
(for example, a unit subject to this subpart may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraph (a) of this 
section. If more than one requirement triggers a source's obligation to 
apply for a title V permit, the 12-month timeframe for filing a title V 
permit application is triggered by the requirement that first causes the 
source to be subject to title V. (See section 503(c) of the Clean Air 
Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and 
(b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

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



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

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority of 
the Stafford Act, has declared that an emergency or a major disaster 
exists in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within

[[Page 476]]

the boundaries of the same emergency or disaster declaration area, then 
it is excluded from the requirements of this subpart. You do not need to 
notify the Administrator of its use or meet the emission limitations or 
other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the unit 
as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials being 
burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator or air curtain incinerator must be operated for more 
than 8 weeks, and the amount of time for which you request permission to 
operate including the date you expect to cease operation of the unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) by the date specified in paragraph (b)(1), you may 
continue to operate the incinerator or air curtain incinerator for 
another 8 weeks, which is a total of 16 weeks from the date the unit 
started operation within the boundaries of the current emergency or 
disaster declaration area. You do not have to meet the emission 
limitations or other requirements of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, you must cease operation 
of the unit or comply with all requirements of this subpart, unless the 
Administrator has approved in writing your request to continue 
operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

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



Sec.  60.2970  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open, integrated combustion chamber (fire box) 
or open pit or trench (trench burner) in which combustion occurs. For 
the purpose of this subpart and subpart FFFF of this part only, air 
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (4) of this section are required to meet only 
the requirements in Sec. Sec.  60.2970 through 60.2974 and are exempt 
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



Sec.  60.2971  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no

[[Page 477]]

later than 180 days after its initial startup, you must meet the two 
limitations specified in paragraphs (a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all 
times except during malfunctions.



Sec.  60.2972  How must I monitor opacity for air curtain incinerators 
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8.
    (c) After the initial test for opacity, conduct annual tests no more 
than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for 
more than 12 months following the date of the previous test, then you 
must conduct a test for opacity upon startup of the unit.



Sec.  60.2973  What are the recordkeeping and reporting requirements for
air curtain incinerators that burn only wood waste, clean lumber, and 
yard waste?

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



Sec.  60.2974  Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste, clean lumber,
and yard waste?

    Yes, if your air curtain incinerator is subject to this subpart, you 
are required to apply for and obtain a title V operating permit as 
specified in Sec. Sec.  60.2966 and 60.2967.

                                Equations



Sec.  60.2975  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 percent 
oxygen using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.000

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
          correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (b) Capacity of a very small municipal waste combustion unit. For 
very small municipal waste combustion units that can operate 
continuously for 24-hour periods, calculate the unit capacity based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:

[[Page 478]]

    (1) For very small municipal waste combustion units with a design 
based on heat input capacity, calculate the maximum charging rate based 
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts 
refuse-derived fuel, use a heating value of 12,800 kilojoules per 
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts 
municipal solid waste, use a heating value of 10,500 kilojoules per 
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design 
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit. 
Calculate the capacity of a batch OSWI unit as the maximum design amount 
of municipal solid waste it can charge per batch multiplied by the 
maximum number of batches it can process in 24 hours. Calculate the 
maximum number of batches by dividing 24 by the number of hours needed 
to process one batch. Retain fractional batches in the calculation. For 
example, if one batch requires 16 hours, the unit can combust 24/16, or 
1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant 
rates (Eh) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (Ea) for each 
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16DE05.001

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour 
          period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
          ``j,'' ppm corrected to 7 percent O2.

                               Definitions



Sec.  60.2977  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
FFFF of this part only, air curtain incinerators include both firebox 
and trench burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:

[[Page 479]]

    (1) Accepts, for incineration or disposal, less than 20 tons per day 
of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an interruption 
in access to surface transportation, preventing access to a Class I 
municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a 
landfill located in an area that annually receives 25 inches or less of 
precipitation.
    Class III municipal solid waste landfill is a landfill that is not 
connected by road to a Class I municipal solid waste landfill, as 
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by 
road, is located more than 50 miles from a Class I municipal solid waste 
landfill, and that accepts, for disposal, either of the following two 
criteria:
    (1) Ash from incinerated municipal waste in quantities less than 1 
ton per day on an annual average, which ash must be free of food scraps 
that might attract animals; or
    (2) Less than 5 tons per day of municipal solid waste, based on an 
annual average, and is not located in a place that meets either of the 
following criteria:
    (i) Where public access is restricted, including restrictions on the 
right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of employment 
and who do not consider the place to be their permanent residence.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote, or manufactured wood products 
that contain adhesives or resins (e.g., plywood, particle board, flake 
board, and oriented strand board).
    Collected from means the transfer of material from the site at which 
the material is generated to a separate site where the material is 
burned.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec.  60.2885, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any unit that meets the requirements in Sec.  
60.2885 and is required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.

[[Page 480]]

    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional 
waste also means solid waste (as defined in this subpart) combusted on 
site in an air curtain incinerator that is a distinct operating unit of 
any institutional facility.
    Institutional waste incineration unit means any combustion unit that 
combusts institutional waste (as defined in this subpart) and is a 
distinct operating unit of the institutional facility that generated the 
waste. Institutional waste incineration units include field-erected, 
modular, cyclonic burn barrel, and custom built incineration units 
operating with starved or excess air, and any air curtain incinerator 
that is a distinct operating unit of the institutional facility that 
generated the institutional waste (except those air curtain incinerators 
listed in Sec.  60.2888(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow 
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Metropolitan Statistical Area means any areas listed as metropolitan 
statistical areas in OMB Bulletin No. 05-02 entitled ``Update of 
Statistical Area Definitions and Guidance on Their Uses'' dated February 
22, 2005 (available on the Web at http://www.whitehouse.gov/omb/
bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) the term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) an 
incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec.  60.2887(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart FFFF of this part, any setting or equipment that 
combusts municipal solid waste (as defined in this subpart) including, 
but not limited to, field-erected, modular, cyclonic burn barrel, and 
custom built incineration

[[Page 481]]

units (with or without energy recovery) operating with starved or excess 
air, boilers, furnaces, pyrolysis/combustion units, and air curtain 
incinerators (except those air curtain incinerators listed in Sec.  
60.2888(b)).
    Other solid waste incineration (OSWI) unit means either a very small 
municipal waste combustion unit or an institutional waste incineration 
unit, as defined in this subpart. Unit types listed in Sec.  60.2887 as 
being excluded from the subpart are not OSWI units subject to this 
subpart. While not all OSWI units will include all of the following 
components, an OSWI unit includes, but is not limited to, the municipal 
or institutional solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom ash system. The OSWI 
unit does not include air pollution control equipment or the stack. The 
OSWI unit boundary starts at the municipal or institutional waste hopper 
(if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The OSWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Reconstruction means rebuilding an incineration unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous OSWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent OSWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch OSWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, agricultural operations, and from community activities, but does 
not include solid or dissolved material in domestic sewage, or solid or 
dissolved materials in irrigation return flows or industrial discharges 
that are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.

[[Page 482]]

    Very small municipal waste combustion unit means any municipal waste 
combustion unit that has the capacity to combust less than 35 tons per 
day of municipal solid waste or refuse-derived fuel, as determined by 
the calculations in Sec.  60.2975.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products 
that have been painted, pigment-stained, or pressure treated by 
compounds such as chromate copper arsenate, pentachlorophenol, and 
creosote, or manufactured wood products that contain adhesives or resins 
(e.g., plywood, particle board, flake board, and oriented strand board).
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.



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

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

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

[[Page 483]]

 
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:

----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------



     Sec. Table 4 to Subpart EEEE of Part 60--Summary of Reporting 
                              Requirements

    As stated in Sec.  60.2951, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
               Report                       Due date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruction report..........  a. Prior to commencing  i. Statement of intent to    Sec.   60.2952.
                                      construction.           construct;.                 Sec.   60.2952.
                                                             ii. Anticipated date of
                                                              commencement of
                                                              onstruction;.
                                                             iii. Documentation for       Sec.   60.2952.
                                                              siting requirements;
                                                             iv. Waste management plan;   Sec.   60.2952.
                                                              and
                                                             v. Anticipated date of       Sec.   60.2952.
                                                              initial startup.
2. Startup notification............  a. Prior to initial     i. Types of waste to be      Sec.   60.2953.
                                      startup.                burned;                     Sec.   60.2953.
                                                             ii. Maximum design waste
                                                              burning capacity;.
                                                             iii. Anticipated maximum     Sec.   60.2953.
                                                              charge rate;
                                                             iv. If applicable, the       Sec.   60.2953.
                                                              petition for site-specific
                                                              operating limits; and
                                                             v. Anticipated date of       Sec.   60.2953.
                                                              initial startup.

[[Page 484]]

 
3. Initial test report.............  a. No later than 60     i. Complete test report for  Sec.   60.2954.
                                      days following the      the initial performance     ......................
                                      initial performance     test; and                   Sec.   60.2954.
                                      test.                  ii. The values for the site-
                                                              specific operating limits.
4. Annual report...................  a. No later than 12     i. Company Name and          Sec.  Sec.   60.2955
                                      months following the    address;                     and 60.2956.
                                      submission of the      ...........................  ......................
                                      initial test report.   ii. Statement and signature  Sec.  Sec.   60.2955
                                      Subsequent reports      by the owner or operator;.   and 60.2956.
                                      are to be submitted    iii. Date of report;.......  Sec.  Sec.   60.2955
                                      no more than 12        ...........................   and 60.2956.
                                      months following the   iv. Values for the           ......................
                                      previous report.        operating limits;.          Sec.  Sec.   60.2955
                                                             ...........................   and 60.2956.
                                                             v. If no deviations or       ......................
                                                              malfunctions were           Sec.  Sec.   60.2955
                                                              reported, a statement that   and 60.2956.
                                                              no deviations occurred
                                                              during the reporting
                                                              period;.
                                                             vi. Highest and lowest       Sec.  Sec.   60.2955
                                                              recorded 12-hour averages,   and 60.2956.
                                                              as applicable, for carbon
                                                              monoxide emissions and
                                                              highest and lowest
                                                              recorded 3-hour averages,
                                                              as applicable, for each
                                                              operating parameter
                                                              recorded for the calendar
                                                              year being reported;
                                                             vii. Information for         Sec.  Sec.   60.2955
                                                              deviations or malfunctions   and 60.2956.
                                                              recorded under Sec.
                                                              60.2949(b)(6) and (c)
                                                              through (e);
                                                             viii. If a performance test  Sec.  Sec.   60.2955
                                                              was conducted during the     and 60.2956.
                                                              reporting period, the
                                                              results of the test;
                                                             ix. If a performance test    Sec.  Sec.   60.2955
                                                              was not conducted during     and 60.2956.
                                                              the reporting period, a
                                                              statement that the
                                                              requirements of Sec.
                                                              60.2934 (a) or (b) were
                                                              met; and
                                                             x. Documentation of periods  Sec.  Sec.   60.2955
                                                              when all qualified OSWI      and 60.2956.
                                                              unit operators were
                                                              unavailable for more than
                                                              12 hours but less than 2
                                                              weeks.
5. Emission limitation or operating  a. By August 1 of that  i. Dates and times of        Sec.  Sec.   60.2957
 limit deviation report.              year for data           deviation;                   and 60.2958.
                                      collected during the   ...........................  ......................
                                      first half of the      ii. Averaged and recorded    Sec.  Sec.   60.2957
                                      calendar year. By       data for those dates;.       and 60.2958.
                                      February 1 of the      iii. Duration and causes of  Sec.  Sec.   60.2957
                                      following year for      each deviation and the       and 60.2958.
                                      data collected during   corrective actions taken;.  ......................
                                      the second half of     iv. Copy of operating limit  Sec.  Sec.   60.2957
                                      the calendar year.      monitoring data and any      and 60.2958.
                                                              test reports;.              ......................
                                                             v. Dates, times, and causes  Sec.  Sec.   60.2957
                                                              for monitor downtimes        and 60.2958.
                                                              incidents;.                 ......................
                                                             vi. Whether each deviation   Sec.  Sec.   60.2957
                                                              occurred during a period     and 60.2958.
                                                              of startup, shutdown, or
                                                              malfunction; and.
                                                             vii. Dates, times, and       Sec.  Sec.   60.2957
                                                              durations of any bypass of   and 60.2958.
                                                              the control device.
6. Qualified operator deviation      a. Within 10 days of    i. Statement of cause of     Sec.   60.2959(a)(1).
 notification.                        deviation.              deviation;.                 Sec.   60.2959(a)(1)
                                                             ii. Description of efforts
                                                              to have an accessible
                                                              qualified operator; and.
                                                             iii. The date a qualified    Sec.   60.2959(a)(1).
                                                              operator will be
                                                              accessible.
7. Qualified operation deviation     a. Every 4 weeks        i. Description of efforts    Sec.   60.2959(a)(2).
 status report.                       following deviation.    to have an accessible       ......................
                                                              qualified operator;         Sec.   60.2959(a)(2).
                                                             ii. The date a qualified
                                                              operator will be
                                                              accessible; and.
                                                             iii. Request to continue     Sec.   60.2959(a)(2).
                                                              operation
8. Qualified operator deviation      a. Prior to resuming    i. Notification that you     Sec.   60.2959(b).
 notification of resumed operation.   operation.              are resuming operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.


[70 FR 74892, Dec. 16, 2005, as amended at 71 FR 67806, Nov. 24, 2006]

[[Page 485]]



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

    Source: 70 FR 74907, Dec. 16, 2005, unless otherwise noted.

                              Introduction



Sec.  60.2980  What is the purpose of this subpart?

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



Sec.  60.2981  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing OSWI units 
or air curtain incinerators subject to this subpart as described in 
Sec.  60.2994(b) that commenced construction on or before December 9, 
2004, you must submit a State plan to the U.S. Environmental Protection 
Agency (EPA) that implements the emission guidelines contained in this 
subpart.
    (b) You must submit the State plan to EPA by December 18, 2006.



Sec.  60.2982  Is a State plan required for all States?

    No, you are not required to submit a State plan if there are no 
existing OSWI units or air curtain incinerators subject to this subpart 
as described in Sec.  60.2994(b) in your State and you submit a negative 
declaration letter in place of the State plan.



Sec.  60.2983  What must I include in my State plan?

    (a) You must include the following nine items in your State plan:
    (1) Inventory of affected incineration units, including those that 
have ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected incineration units in your 
State.
    (3) Compliance schedules for each affected incineration unit.
    (4) For each affected incineration unit, emission limitations, 
operator training and qualification requirements, a waste management 
plan, and operating parameter requirements that are at least as 
protective as the emission guidelines contained in this subpart.
    (5) Stack testing, recordkeeping, and reporting requirements.
    (6) Transcript of the public hearing on the State plan.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you selected 
for implementing the emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the 
sections 111(d) and 129 in your State plan.
    (b) Your State plan may deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your State 
plan does deviate, you must demonstrate that your State plan is at least 
as protective as the emission guidelines contained in this subpart. Your 
State plan must address regulatory applicability, compliance schedule, 
operator training and qualification, a waste management plan, emission 
limitations, stack testing, operating parameter requirements, 
monitoring, recordkeeping and reporting, and air curtain incinerator 
requirements.
    (c) You must follow the requirements of subpart B of this part 
(Adoption and Submittal of State Plans for Designated Facilities) in 
your State plan.



Sec.  60.2984  Is there an approval process for my State plan?

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



Sec.  60.2985  What if my State plan is not approvable?

    If you do not submit an approvable State plan (or a negative 
declaration letter) by December 17, 2007, EPA will develop a Federal 
plan according to

[[Page 486]]

Sec.  60.27 to implement the emission guidelines contained in this 
subpart. Owners and operators of incineration units not covered by an 
approved State plan must comply with the Federal plan. The Federal plan 
is an interim action and applies to units until a State plan covering 
those units is approved and becomes effective.



Sec.  60.2986  Is there an approval process for a negative declaration
letter?

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



Sec.  60.2987  What compliance schedule must I include in my State plan?

    Your State plan must include compliance schedules that require OSWI 
units and air curtain incinerators subject to this subpart as described 
in Sec.  60.2994(b) to achieve final compliance as expeditiously as 
practicable after approval of the State plan but not later than the 
earlier of the following two dates:
    (a) December 16, 2010.
    (b) Three years after the effective date of State plan approval.



Sec.  60.2988  Are there any State plan requirements for this subpart
that apply instead of the requirements specified in subpart B of this part?

    Yes, subpart B of this part establishes general requirements for 
developing and processing section 111(d) plans. This subpart applies 
instead of the requirements in subpart B of this part for the following:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all OSWI units and air curtain incinerators subject 
to this subpart as described in Sec.  60.2994(b) to comply by December 
16, 2010 or 3 years after the effective date of State plan approval, 
whichever is sooner. This applies instead of the option for case-by-case 
less stringent emission standards and longer compliance schedules in 
Sec.  60.24(f).
    (b) State plans developed to implement this subpart are required to 
include only one increment of progress for the affected incineration 
units. This increment is the final compliance date in Sec.  60.21(h)(5). 
This applies instead of the requirement of Sec.  60.24(e)(1).



Sec.  60.2989  Does this subpart directly affect incineration unit owners 
and operators in my State?

    (a) No, this subpart does not directly affect incineration unit 
owners and operators in your State. However, unit owners and operators 
must comply with the State plan you develop to implement the emission 
guidelines contained in this subpart.
    (b) If you do not submit an approvable plan to implement and enforce 
the guidelines contained in this subpart by December 17, 2007, EPA will 
implement and enforce a Federal plan, as provided in Sec.  60.2985, to 
ensure that each unit within your State reaches compliance with all the 
provisions of this subpart by December 16, 2010.



Sec.  60.2990  What Authorities are withheld by EPA?

    The following authorities are withheld by EPA and not transferred to 
the State, local or tribal agency:
    (1) Approval of alternatives to the emission limitations in table 2 
of this subpart and operating limits established under Sec.  60.3023 and 
table 3 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.  
60.3024.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec.  60.3020(c)(2).

                      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

[[Page 487]]

paragraphs (a) through (c) of this section.
    (a) The incineration unit is an existing incineration unit as 
defined in Sec.  60.2992.
    (b) The incineration unit is an OSWI unit as defined in Sec.  
60.3078 or an air curtain incinerator subject to this subpart as 
described in Sec.  60.2994(b). OSWI units are very small municipal waste 
combustion units and institutional waste incineration units as defined 
in Sec.  60.3078.
    (c) The incineration unit is not excluded under Sec.  60.2993.



Sec.  60.2992  What is an existing incineration unit?

    An existing incineration unit is an OSWI unit or air curtain 
incinerator subject to this subpart that commenced construction on or 
before December 9, 2004, except as provided in paragraph (a) of this 
section.
    (a) If the owner or operator of an incineration unit makes changes 
that meet the definition of modification or reconstruction on or after 
June 16, 2006, the unit becomes subject to subpart EEEE of this part 
(New Source Performance Standards for Other Solid Waste Incineration 
Units) and the State plan no longer applies to that unit.
    (b) If the owner or operator of an existing incineration unit makes 
physical or operational changes to the unit primarily to comply with the 
State plan, then subpart EEEE of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart EEEE of this part.



Sec.  60.2993  Are any combustion units excluded from my State plan?

    This subpart excludes the types of units described in paragraphs (a) 
through (q) of this section, as long as the owner/operator meets the 
requirements of this section.
    (a) Cement kilns. The unit is excluded if it is regulated under 
subpart LLL of part 63 of this chapter (National Emission Standards for 
Hazardous Air Pollutants from the Portland Cement Manufacturing 
Industry).
    (b) Co-fired combustors. The unit, that would otherwise be 
considered a very small municipal waste combustion unit, is excluded if 
the owner/operator of the unit meets the five requirements specified in 
paragraphs (b)(1) through (5) of this section.
    (1) Has a Federally enforceable permit limiting the combustion of 
municipal solid waste to 30 percent of the total fuel input by weight.
    (2) Notifies the Administrator that the unit qualifies for the 
exclusion.
    (3) Provides the Administrator with a copy of the Federally 
enforceable permit.
    (4) Records the weights, each calendar quarter, of municipal solid 
waste and of all other fuels combusted.
    (5) Keeps each report for 5 years. These records must be kept on 
site for at least 2 years, but may be kept off site for the remaining 3 
years.
    (c) Cogeneration facilities. The unit is excluded if it meets the 
three requirements specified in paragraphs (c)(1) through (3) of this 
section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) The owner/operator of the unit notifies the Administrator that 
the unit meets all of these criteria.
    (d) Commercial and industrial solid waste incineration units. The 
unit is excluded if it is regulated under subparts CCCC or DDDD of this 
part or subpart III of part 62 and is required to meet the emission 
limitations established in those subparts.
    (e) Hazardous waste combustion units. The unit is excluded if it 
meets either of the two criteria specified in paragraph (e)(1) or (2) of 
this section.
    (1) The owner/operator of the unit is required to get a permit for 
the unit 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).

[[Page 488]]

    (f) Hospital/medical/infectious waste incinerators. The unit is 
excluded if it is regulated under subparts Ce or Ec of this part (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators) or subpart HHH of part 62 
(Federal Plan for Hospital/Medical/Infectious Waste Incinerators 
constructed on or before June 20, 1996).
    (g) Incinerators and air curtain incinerators in isolated areas of 
Alaska. The incineration unit is excluded if it is used at a solid waste 
disposal site in Alaska that is classified as a Class II or Class III 
municipal solid waste landfill, as defined in Sec.  60.3078.
    (h) Rural institutional waste incinerators. The incineration unit is 
excluded if it is an institutional waste incinerator, as defined in 
Sec.  60.3078, and the application for exclusion described in paragraphs 
(h)(1) and (2) of this section has been approved by the Administrator.
    (1) Prior to 1 year before the final compliance date, an application 
and supporting documentation demonstrating that the institutional waste 
incineration unit meets the two requirements specified in paragraphs 
(h)(1)(i) and (ii) of this section must be submitted to the 
Administrator for approval.
    (i) The unit is located more than 50 miles from the boundary of the 
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are 
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section 
must be revised and resubmitted to the Administrator for approval every 
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2) 
of this section and were denied exclusion by the Administrator, you have 
3 years from the expiration date of the current exclusion to comply with 
the emission limits and all other applicable requirements of this 
subpart.
    (i) Institutional boilers and process heaters. The unit is excluded 
if it is regulated under 40 CFR part 63, subpart DDDDD (National 
Emission Standards for Hazardous Air Pollutants for Industrial, 
Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. The unit is excluded if it burns 
samples of materials only for the purpose of chemical or physical 
analysis.
    (k) Materials recovery units. The unit is excluded if it combusts 
waste for the primary purpose of recovering metals. Examples include 
primary and secondary smelters.
    (l) Pathological waste incineration units. The institutional waste 
incineration unit or very small municipal waste combustion unit is 
excluded from this subpart if it burns 90 percent or more by weight (on 
a calendar quarter basis and excluding the weight of auxiliary fuel and 
combustion air) of pathological waste, low-level radioactive waste, and/
or chemotherapeutic waste as defined in Sec.  60.3078 and the owner/
operator of the unit notifies the Administrator that the unit meets 
these criteria.
    (m) Small or large municipal waste combustion units. The unit is 
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb, of 
this part or subparts FFF or JJJ of part 62 and is required to meet the 
emission limitations established in those subparts.
    (n) Small power production facilities. The unit is excluded if it 
meets the three requirements specified in paragraphs (n)(1) through (3) 
of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) The owner/operator of the unit notifies the Administrator that 
the unit meets all of these criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in 
disaster recovery. The incineration unit is excluded if it is used on a 
temporary basis to combust debris from a disaster 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

[[Page 489]]

police, customs, agricultural inspection, or a similar agency to destroy 
only illegal or prohibited goods such as illegal drugs, or agricultural 
food products that can not be transported into the country or across 
state lines to prevent biocontamination. The exclusion does not apply to 
items either confiscated or incinerated by private, industrial, or 
commercial entities.
    (q) Incinerators used for national security. Your incineration unit 
is excluded if it meets the requirements specified in either (q)(1) or 
(2) of this section.
    (1) The incineration unit is used solely during military training 
field exercises to destroy national security materials integral to the 
field exercises.
    (2) The incineration unit is used solely to incinerate national 
security materials, its use is necessary to safeguard national security, 
you follow the exclusion request requirements in paragraphs (q)(2)(i) 
and (ii) of this section, and the Administrator has approved your 
request for exclusion.
    (i) The request for exclusion and supporting documentation must 
demonstrate both that the incineration unit is used solely to destroy 
national security materials and that a reliable alternative to 
incineration that ensures acceptable destruction of national security 
materials is unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to the 
Administrator prior to 1 year before the final compliance date.



Sec.  60.2994  Are air curtain incinerators regulated under this subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are subject to all requirements of this 
subpart, including the emission limitations specified in table 2 of this 
subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per 
day of the materials listed in paragraphs (b)(1) through (4) of this 
section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec.  60.3062 through 60.3069 and are exempt from all other 
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.

                      Model Rule--Use of Model Rule



Sec.  60.2996  What is the purpose of the ``model rule'' in this subpart?

    (a) The model rule provides the emission guidelines requirements in 
a standard regulation format. You must develop a State plan that is at 
least as protective as the model rule. You may use the model rule 
language as part of your State plan. Alternative language may be used in 
your State plan if you demonstrate that the alternative language is at 
least as protective as the model rule contained in this subpart.
    (b) In the ``model rule'' of Sec. Sec.  60.3000 through 60.3078, 
``you'' means the owner or operator of an OSWI unit or air curtain 
incinerator subject to this subpart.



Sec.  60.2997  How does the model rule relate to the required elements
of my State plan?

    Use the model rule to satisfy the State plan requirements specified 
in Sec.  60.2983(a)(4) and (5).



Sec.  60.2998  What are the principal components of the model rule?

    The model rule contains nine major components, as follows:
    (a) Compliance schedule.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.

[[Page 490]]

                     Model Rule--Compliance Schedule



Sec.  60.3000  When must I comply?

    Table 1 of this subpart specifies the final compliance date. You 
must submit a notification to the Administrator stating whether final 
compliance has been achieved, postmarked within 10 business days after 
the final compliance date in table 1 of this subpart.



Sec.  60.3001  What must I do if I close my OSWI unit and then restart it?

    (a) If you close your OSWI unit but will reopen it prior to the 
final compliance date in your State plan, you must meet the final 
compliance date specified in table 1 of this subpart.
    (b) If you close your OSWI unit but will restart it after your final 
compliance date, you must complete emission control retrofit and meet 
the emission limitations on the date your OSWI unit restarts operation. 
You must conduct your initial performance test within 30 days of 
restarting your OSWI unit.



Sec.  60.3002  What must I do if I plan to permanently close my OSWI unit
and not restart it?

    You must close the unit before the final compliance date specified 
in table 1 of this subpart.

                    Model Rule--Waste Management Plan



Sec.  60.3010  What is a waste management plan?

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



Sec.  60.3011  When must I submit my waste management plan?

    You must submit a waste management plan no later than 60 days 
following the initial performance test as specified in table 5 of this 
subpart. Section 60.3031 specifies the date by which you are required to 
conduct your performance test.



Sec.  60.3012  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures and implement those measures the source considers practical and 
feasible, considering the effectiveness of waste management measures 
already in place, the costs of additional measures, the emissions 
reductions expected to be achieved, and any other environmental or 
energy impacts they might have.

             Model Rule--Operator Training and Qualification



Sec.  60.3014  What are the operator training and qualification 
requirements?

    (a) No OSWI unit can be operated unless a fully trained and 
qualified OSWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified OSWI 
unit operator may operate the OSWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. If 
all qualified OSWI unit operators are temporarily not accessible, you 
must follow the procedures in Sec.  60.3020.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 13 subjects listed in paragraphs (c)(1)(i) 
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (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.

[[Page 491]]

    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Methods to monitor pollutants (including monitoring of 
incinerator and control device operating parameters) and monitoring 
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec.  60.3015  When must the operator training course be completed?

    The operator training course must be completed by the latest of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date specified in table 1 of this subpart.
    (b) Six months after your OSWI unit startup.
    (c) Six months after an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.



Sec.  60.3016  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.3014(c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec.  60.3014(c)(2).



Sec.  60.3017  How do I maintain my operator qualification?

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



Sec.  60.3018  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  60.3017.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.3016(a).



Sec.  60.3019  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the nine topics 
described in paragraphs (a)(1) through (9) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (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 492]]

    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  60.3010 
through 60.3012.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted by the latest of three dates specified in 
paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date specified in table 1 of this subpart.
    (ii) Six months after your OSWI unit startup.
    (iii) Six months after an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted not later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of OSWI unit operators who have 
completed review of the information in paragraph (a) of this section as 
required by paragraph (b) of this section, including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec.  60.3017 or Sec.  60.3018. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec.  60.3020  What if all the qualified operators are temporarily not
accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the three criteria specified in paragraphs (a) through 
(c) of this section, depending on the length of time that a qualified 
operator is not accessible.
    (a) When all qualified operators are not accessible for 12 hours or 
less, the OSWI unit may be operated by other plant personnel familiar 
with the operation of the OSWI unit who have completed review of the 
information specified in Sec.  60.3019(a) within the past 12 months. You 
do not need to notify the Administrator or include this as a deviation 
in your annual report.
    (b) When all qualified operators are not accessible for more than 12 
hours, but less than 2 weeks, the OSWI unit may be operated by other 
plant personnel familiar with the operation of the OSWI unit who have 
completed a review of the information specified in Sec.  60.3019(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  60.3051.
    (c) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(c)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA every 4 weeks outlining what you 
are doing to ensure that a qualified operator is accessible, stating 
when you anticipate that a qualified operator will be accessible and 
requesting approval from EPA to continue operation of the OSWI unit. You 
must submit the first 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

[[Page 493]]

is disapproved, the OSWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
60.3014(a).
    (ii) You notify EPA that a qualified operator is accessible and that 
you are resuming operation.

          Model Rule--Emission Limitations and Operating Limits



Sec.  60.3022  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in table 2 of this 
subpart on the date the initial performance test is required or 
completed (whichever is earlier). Section 60.3031 specifies the date by 
which you are required to conduct your performance test.



Sec.  60.3023  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 3 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraphs (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
the average charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (ii) For batch units, maximum charge rate is the charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as the average pressure drop across the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the particulate matter emission limitations; or minimum amperage to the 
wet scrubber, which is calculated as the average amperage to the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as the 
average liquor flow rate at the inlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the average 
liquor pH at the inlet to the wet scrubber measured during the most 
recent performance test demonstrating compliance with the hydrogen 
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the 
initial performance test beginning on the date 180 days after your final 
compliance date in table 1 of this subpart.



Sec.  60.3024  What if I do not use a wet scrubber to comply with the
emission limitations?

    If you use an air pollution control device other than a wet scrubber 
or limit emissions in some other manner to comply with the emission 
limitations under Sec.  60.3022, you must petition EPA for specific 
operating limits, the values of which are to be established during the 
initial performance test and then continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by EPA. Your petition must include the five items 
listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (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.

[[Page 494]]

    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec.  60.3025  What happens during periods of startup, shutdown, and
malfunction?

    The emission limitations and operating limits apply at all times 
except during OSWI unit startups, shutdowns, or malfunctions.

                     Model Rule--Performance Testing



Sec.  60.3027  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) All performance tests must be conducted using the methods in 
table 2 of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 2 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in Sec.  60.3076.
    (g) Method 26A of appendix A of this part must be used for hydrogen 
chloride concentration analysis, with the additional requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling using 
the procedure described in paragraphs (g)(1)(i) through (iii) of this 
section.
    (i) Assemble the sampling train(s) and conduct a conditioning run by 
collecting between 14 liters per minute (0.5 cubic feet per minute) and 
30 liters per minute (1.0 cubic feet per minute) of gas over a 1-hour 
period. Follow the sampling procedures outlined in section 8.1.5 of 
Method 26A of appendix A of this part. For the conditioning run, water 
can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with a 
fresh impinger train for the sampling run, leaving the probe and filter 
(and cyclone, if used) in position. Do not recover the filter or rinse 
the probe before the first run. Thoroughly rinse the impingers used in 
the preconditioning run with deionized water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack gas 
and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe and 
filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and 134 
[deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the 
requirements specified in paragraphs (g)(3)(i) and (ii) of this section 
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of appendix 
A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of this part must be used.



Sec.  60.3028  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 2 of this subpart.

               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

[[Page 495]]

Sec.  60.3024. The initial performance test must be conducted using the 
test methods listed in table 2 of this subpart and the procedures in 
Sec.  60.3027.



Sec.  60.3031  By what date must I conduct the initial performance test?

    The initial performance test must be conducted no later than 180 
days after your final compliance date. Your final compliance date is 
specified in table 1 of this subpart.

             Model Rule--Continuous Compliance Requirements



Sec.  60.3033  How do I demonstrate continuous compliance with the emission 
limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the 
pollutants in table 2 of this subpart for each OSWI unit to determine 
compliance with the emission limitations. The annual performance test 
must be conducted using the test methods listed in table 2 of this 
subpart and the procedures in Sec.  60.3027.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values are used to determine compliance. A 
12-hour rolling average value above the carbon monoxide emission limit 
in table 2 constitutes a deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters specified 
in Sec.  60.3023 or established under Sec.  60.3024. Three-hour rolling 
average values are used to determine compliance with the operating 
limits unless a different averaging period is established under Sec.  
60.3024. A 3-hour rolling average value (unless a different averaging 
period is established under Sec.  60.3024) above the established maximum 
or below the established minimum operating limits constitutes a 
deviation from the established operating limits. Operating limits do not 
apply during performance tests.



Sec.  60.3034  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months following 
the initial performance test. Conduct subsequent annual performance 
tests within 12 months following the previous one.



Sec.  60.3035  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least three consecutive annual tests, and all performance 
tests for the pollutant over that period show that you comply with the 
emission limitation. In this case, you do not have to conduct a 
performance test for that pollutant for the next 2 years. You must 
conduct a performance test during the 3rd year and no more than 36 
months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for 
the pollutant, you may choose to conduct performance tests for that 
pollutant every 3rd year, but each test must be within 36 months of the 
previous performance test.
    (c) If a performance test shows a deviation from an emission 
limitation for any pollutant, you must conduct annual performance tests 
for that pollutant until three consecutive annual performance tests for 
that pollutant all show compliance.



Sec.  60.3036  May I conduct a repeat performance test to establish new
operating limits?

    Yes, you may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.

                         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.

[[Page 496]]



Sec.  60.3039  How do I make sure my continuous emission monitoring systems
are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure carbon monoxide 
and oxygen.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 180 days after your final compliance date in 
table 1 of this subpart.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your carbon monoxide and oxygen 
continuous emission monitoring systems. To validate carbon monoxide 
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of 
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. table 4 of this subpart shows the required 
span values and performance specifications that apply to each continuous 
emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.



Sec.  60.3040  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 12 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.



Sec.  60.3041  What is the minimum amount of monitoring data I must collect
with my continuous emission monitoring systems, and is the data collection 
requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for carbon 
monoxide are in parts per million by dry volume at 7 percent oxygen. Use 
the 1-hour averages of oxygen data from your continuous emission 
monitoring system to determine the actual oxygen level and to calculate 
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle of 
operation (sampling, analyzing, and data recording) for each 15-minute 
period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for at least 90 percent of the operating days 
per calendar quarter. An operating day is any day the unit combusts any 
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you have deviated from the data collection 
requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations.
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to table 4 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data.



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

[[Page 497]]

under Sec.  60.3022, you must install, calibrate (to manufacturers' 
specifications), maintain, and operate devices (or establish methods) 
for monitoring the value of the operating parameters used to determine 
compliance with the operating limits listed in table 3 of this subpart. 
These devices (or methods) must measure and record the values for these 
operating parameters at the frequencies indicated in table 3 of this 
subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate a device or method for measuring the use of any 
stack that could be used to bypass the control device. The measurement 
must include the date, time, and duration of the use of the bypass 
stack.
    (c) If you are using a method or air pollution control device other 
than a wet scrubber to comply with the emission limitations under Sec.  
60.3022, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  60.3024.



Sec.  60.3044  Is there a minimum amount of operating parameter monitoring
data I must obtain?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments of 
the monitoring system), you must conduct all monitoring at all times the 
OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent of 
the operating hours per day for at least 90 percent of the operating 
days per calendar quarter. An operating day is any day the unit combusts 
any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs (a) 
and (b) of this section, you have deviated from the data collection 
requirement regardless of the operating parameter level monitored.
    (d) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing compliance with the operating limits.

                 Model Rule--Recordkeeping and Reporting



Sec.  60.3046  What records must I keep?

    You must maintain the 14 items (as applicable) as specified in 
paragraphs (a) through (n) of this section for a period of at least 5 
years.
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (8) 
of this section.
    (1) The OSWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For OSWI units that establish operating limits for controls 
other than wet scrubbers under Sec.  60.3024, you must maintain data 
collected for all operating parameters used to determine compliance with 
the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions 
and all 3-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

[[Page 498]]

obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which monitoring 
data show a deviation from the carbon monoxide emissions limit in table 
2 of this subpart or a deviation from the operating limits in table 3 of 
this subpart or a deviation from other operating limits established 
under Sec.  60.3024 with a description of the deviations, reasons for 
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not 
collect the minimum amount of data required under Sec. Sec.  60.3041 and 
60.3044.
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your daily drift tests and quarterly accuracy 
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required 
under Sec.  60.3043.
    (i) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations and a 
description of the types of waste burned during the test.
    (j) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec.  60.3019(a) as required by 
Sec.  60.3019(b), including the date of the initial review and all 
subsequent annual reviews.
    (k) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec.  60.3017 or Sec.  60.3018. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (l) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (m) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (n) The information listed in Sec.  60.3019(a).



Sec.  60.3047  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may 
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.



Sec.  60.3048  What reports must I submit?

    See table 5 of this subpart for a summary of the reporting 
requirements.



Sec.  60.3049  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec.  60.3030, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec.  60.3023 or Sec.  60.3024.
    (c) The waste management plan, as specified in Sec. Sec.  60.3010 
through 60.3012.



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

[[Page 499]]

from the operating limits or the emission limitations, you must also 
submit deviation reports as specified in Sec. Sec.  60.3052 through 
60.3054.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 40 
CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  60.3023 or Sec.  60.3024.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 12-
hour average, as applicable, for carbon monoxide emissions and the 
highest recorded 3-hour average and the lowest recorded 3-hour average, 
as applicable, for each operating parameter recorded for the calendar 
year being reported.
    (g) Information recorded under Sec.  60.3046(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec.  60.3035(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.3035(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified OSWI unit operators 
were unavailable for more than 12 hours, but less than 2 weeks.



Sec.  60.3052  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if any 
recorded 12-hour average carbon monoxide emission rate is above the 
emission limitation, if the control device was bypassed, or if a 
performance test was conducted that showed a deviation from any emission 
limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).



Sec.  60.3053  What must I include in the deviation report?

    In each report required under Sec.  60.3052, for any pollutant or 
operating parameter that deviated from the emission limitations or 
operating limits specified in this subpart, include the seven items 
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (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.

[[Page 500]]



Sec.  60.3054  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to EPA every 4 weeks that includes the 
three items in paragraphs (a)(2)(i) through (iii) of this section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from EPA to continue operation of the OSWI 
unit.
    (b) If your unit was shut down by EPA, under the provisions of Sec.  
60.3020(c)(2), due to a failure to provide an accessible qualified 
operator, you must notify EPA that you are resuming operation once a 
qualified operator is accessible.



Sec.  60.3055  Are there any other notifications or reports that I must
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.



Sec.  60.3056  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.



Sec.  60.3057  Can reporting dates be changed?

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

                  Model Rule--Title V Operating Permits



Sec.  60.3059  Am I required to apply for and obtain a title V operating
permit for my unit?

    Yes, if you are subject to an applicable EPA-approved and effective 
Clean Air Act section 111(d)/129 State or Tribal plan or an applicable 
and effective Federal plan, you are required to apply for and obtain a 
title V operating permit unless you meet the relevant requirements for 
an exemption specified in Sec.  60.2993.



Sec.  60.3060  When must I submit a title V permit application for my 
existing unit?

    (a)(1) If your existing unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted on or before the earlier of the dates specified in paragraphs 
(a)(1)(i) through (iii) of this section. (See sections 129(e), 503(c), 
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 
CFR 71.5(a)(1)(i).)
    (i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
    (ii) 12 months after the effective date of any applicable Federal 
plan.
    (iii) December 16, 2008.
    (2) For any existing unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of 
whether or when any applicable Federal plan is effective, or whether or 
when any applicable Clean 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

[[Page 501]]

title V permit application is triggered by the requirement which first 
causes the source to be subject to title V. (See section 503(c) of the 
Clean Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 
71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

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



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

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority of 
the Stafford Act, has declared that an emergency or a major disaster 
exists in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within the boundaries of the same emergency or disaster 
declaration area, then it is excluded from the requirements of this 
subpart. You do not need to notify the Administrator of its use or meet 
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the unit 
as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials being 
burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator or air curtain incinerator must be operated for more 
than 8 weeks, and the amount of time for which you request permission to 
operate including the date you expect to cease operation of the unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) by the date specified in paragraph (b)(1), you may 
continue to operate the incinerator or air curtain incinerator for 
another 8 weeks, which 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

[[Page 502]]

in writing your request to continue operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

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



Sec.  60.3062  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open, integrated combustion chamber (fire box) 
or open pit or trench (trench burner) in which combustion occurs. For 
the purpose of this subpart and subpart EEEE of this part only, air 
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (4) of this section are required to meet only 
the requirements in Sec. Sec.  60.3062 through 60.3069 and are exempt 
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.



Sec.  60.3063  When must I comply if my air curtain incinerator burns 
only wood waste, clean lumber, and yard waste?

    Table 1 of this subpart specifies the final compliance date. You 
must submit a notification to the Administrator postmarked within 10 
business days after the final compliance date in table 1 of this 
subpart.



Sec.  60.3064  What must I do if I close my air curtain incinerator that
burns only wood waste, clean lumber, and yard waste and then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in your State plan, you must meet the final 
compliance date specified in table 1 of this subpart.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must meet the emission limitations on the 
date your incinerator restarts operation.



Sec.  60.3065  What must I do if I plan to permanently close my air 
curtain incinerator that burns only wood waste, clean lumber, and yard
waste and not restart it?

    You must close the unit before the final compliance date specified 
in table 1 of this subpart.



Sec.  60.3066  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 180 days after your final compliance date in table 1 of 
this subpart, you must meet the two limitations specified in paragraphs 
(a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) The limitations in paragraph (a) of this section apply at all 
times except during malfunctions.



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.

[[Page 503]]



Sec.  60.3068  What are the recordkeeping and reporting requirements for
air curtain incinerators that burn only wood waste, clean lumber, and 
yard waste?

    (a) Keep records of results of all initial and annual opacity tests 
in either paper copy or computer-readable format that can be printed 
upon request, unless the Administrator approves another format, for at 
least 5 years. You must keep each record on site for at least 2 years. 
You may keep the records off site for the remaining 3 years.
    (b) Make all records available for submittal to the Administrator or 
for an inspector's review.
    (c) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (d) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (e) Keep a copy of the initial and annual reports for a period of 5 
years. You must keep each report on site for at least 2 years. You may 
keep the reports off site for the remaining 3 years.



Sec.  60.3069  Am I required to apply for and obtain a title V operating
permit for my air curtain incinerator that burns only wood waste,
clean lumber, and yard waste?

    Yes, if your air curtain incinerator is subject to this subpart, you 
are required to apply for and obtain a title V operating permit as 
specified in Sec. Sec.  60.3059 and 60.3060.

                          Model Rule--Equations



Sec.  60.3076  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 percent 
oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.002

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
          correction basis)
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (b) Capacity of a very small municipal waste combustion unit. For 
very small municipal waste combustion units that can operate 
continuously for 24-hour periods, calculate the unit capacity based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design 
based on heat input capacity, calculate the maximum charging rate based 
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts 
refuse-derived fuel, use a heating value of 12,800 kilojoules per 
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts 
municipal solid waste, use a heating value of 10,500 kilojoules per 
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design 
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit. 
Calculate 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:


[[Page 504]]


Ea = Average carbon monoxide pollutant rate for the 12-hour 
          period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
          ``j,'' ppm corrected to 7 percent O2.

                         Model Rule--Definitions



Sec.  60.3078  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
EEEE only, air curtain incinerators include both firebox and trench 
burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per day 
of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an interruption 
in access to surface transportation, preventing access to a Class I 
municipal solid waste landfill; or
    (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:

[[Page 505]]

    (i) Where public access is restricted, including restrictions on the 
right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of employment 
and who do not consider the place to be their permanent residence.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote, or manufactured wood products 
that contain adhesives or resins (e.g., plywood, particle board, flake 
board, and oriented strand board).
    Collected from means the transfer of material from the site at which 
the material is generated to a separate site where the material is 
burned.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec.  60.2991, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any unit that meets requirements in Sec.  60.2991 
and is required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: Whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional 
waste also means solid waste (as defined in this subpart) combusted on 
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

[[Page 506]]

or gamma radiation, or both, in concentrations or quantities that exceed 
applicable Federal or State standards for unrestricted release. Low-
level radioactive waste is not high-level radioactive waste, spent 
nuclear fuel, or byproduct material as defined by the Atomic Energy Act 
of 1954 (42 U.S.C. 2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Metropolitan Statistical Area means any areas listed as metropolitan 
statistical areas in OMB Bulletin No. 05-02 entitled ``Update of 
Statistical Area Definitions and Guidance on Their Uses'' dated February 
22, 2005 (available on the Web at http://www.whitehouse.gov/omb/
bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the OSWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) The term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) an 
incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec.  60.2993(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart EEEE, any setting or equipment that combusts 
municipal solid waste (as defined in this subpart) including, but not 
limited to, field-erected, modular, cyclonic burn barrel, and custom 
built incineration units (with or without energy recovery) operating 
with starved or excess air, boilers, furnaces, pyrolysis/combustion 
units, and air curtain incinerators (except those air curtain 
incinerators listed in Sec.  60.2994(b)).
    Other solid waste incineration (OSWI) unit means either a very small 
municipal waste combustion unit or an institutional waste incineration 
unit, as defined in this subpart. Unit types listed in Sec.  60.2993 as 
being excluded from the subpart are not OSWI units subject to this 
subpart. While not all OSWI units will include all of the following 
components, an OSWI unit includes, but is not limited to, the municipal 
or institutional solid waste feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom 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

[[Page 507]]

tissue, the bags/containers used to collect and transport the waste 
material, and animal bedding (if applicable).
    Reconstruction means rebuilding an incineration unit and meeting two 
criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous OSWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent OSWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch OSWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, agricultural operations, and from community activities, but does 
not include solid or dissolved material in domestic sewage, or solid or 
dissolved materials in irrigation return flows or industrial discharges 
that are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1342), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.
    Very small municipal waste combustion unit means any municipal waste 
combustion unit that has the capacity to combust less than 35 tons per 
day of municipal solid waste or refuse-derived fuel, as determined by 
the calculations in Sec.  60.3076.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, 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).

[[Page 508]]

    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.



Sec. Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule

    As stated in Sec.  60.3000, you must comply with the following:

------------------------------------------------------------------------
           Complete this action                   By this date \a\
------------------------------------------------------------------------
Final compliance \b\......................  (Dates to be specified in
                                             State plan) \c\.
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the State.
\b\ Final compliance means that you complete all process changes and
  retrofit of control devices so that, when the incineration unit is
  brought on line, all process changes and air pollution control devices
  necessary to meet the emission limitations operate as designed.
\c\ The date can be no later than 3 years after the effective date of
  State plan approval or December 16, 2010, whichever is earlier.



     Sec. Table 2 to Subpart FFFF of Part 60--Model Rule--Emission 
                               Limitations

    As stated in Sec.  60.3022, you must comply with the following:

----------------------------------------------------------------------------------------------------------------
                                      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:

[[Page 509]]



----------------------------------------------------------------------------------------------------------------
                                                            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:

----------------------------------------------------------------------------------------------------------------
                                                                                            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;.

[[Page 510]]

 
                                      ........................  vi. Highest and lowest   Sec.  Sec.   60.3050
                                                                 recorded 12-hour         and 60.3051.
                                                                 averages, as
                                                                 applicable, for carbon
                                                                 monoxide emissions and
                                                                 highest and lowest
                                                                 recorded 3-hour
                                                                 averages, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported;.
                                      ........................  vii. Information for     Sec.  Sec.   60.3050
                                                                 deviations or            and 60.3051.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 60.2949(b)(6) and (c)
                                                                 through (e);.
                                      ........................  viii. If a performance   Sec.  Sec.   60.3050
                                                                 test was conducted       and 60.3051.
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test;.
                                      ........................  ix. If a performance     Sec.  Sec.   60.3050
                                                                 test was not conducted   and 60.3051.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   60.2934(a)
                                                                 or (b) were met; and.
                                      ........................  x. Documentation of      Sec.  Sec.   60.3050
                                                                 periods when all         and 60.3051.
                                                                 qualified OSWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 12 hours but less
                                                                 than 2 weeks.
4. Emission limitation or operating   a. By August 1 of that    i. Dates and times of    Sec.  Sec.   60.3052
 limit deviation report.               year for data collected   deviation;.              and 60.3053.
                                       during the first half
                                       of the calendar year.
                                       By February 1 of the
                                       following year for data
                                       collected during the
                                       second half of the
                                       calendar year
                                      ........................  ii. Averaged and         Sec.  Sec.   60.3052
                                                                 recorded data for        and 60.3053.
                                                                 those dates;.
                                      ........................  iii. Duration and        Sec.  Sec.   60.3052
                                                                 causes of each           and 60.3053.
                                                                 deviation and the
                                                                 corrective actions
                                                                 taken..
                                      ........................  iv. Copy of operating    Sec.  Sec.   60.3052
                                                                 limit monitoring data    and 60.3053.
                                                                 and any test reports;.
                                      ........................  v. Dates, times, and     Sec.  Sec.   60.3052
                                                                 causes for monitor       and 60.3053.
                                                                 downtime incidents;.
                                      ........................  vi. Whether each         Sec.  Sec.   60.3052
                                                                 deviation occurred       and 60.3053.
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction; and.
                                      ........................  vii. Dates, times, and   Sec.  Sec.   60.3052
                                                                 duration of any bypass   and 60.3053.
                                                                 of the control device.
5. Qualified operator deviation       a. Within 10 days of      i. Statement of cause    Sec.   60.3054(a)(1).
 notification.                         deviation                 of deviation;.
                                      ........................  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.


[[Page 511]]


[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;
    (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, 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; 
86 FR 34357, June 29, 2021]

                  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 1039.101, 1039.102, 1039.104, 1039.105, 1039.107, and 
1039.115 and 40 CFR part

[[Page 512]]

1039, appendix I, 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 appropriate 
Tier 2 emission standards for new marine CI engines as described in 40 
CFR part 1042, appendix I, for all pollutants, for the same displacement 
and rated 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) of this section may be certified to the 
provisions of 40 CFR part 1042 for commercial engines that are 
applicable for the engine's model year, displacement, power density, and 
maximum engine power if the engines will be used solely in either or 
both of the following locations:
    (1) Remote areas of Alaska; 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.
    (h) Stationary CI ICE certified to the standards in 40 CFR part 1039 
and equipped with auxiliary emission control devices (AECDs) as 
specified in 40 CFR 1039.665 must meet the Tier 1 certification emission 
standards for new nonroad CI engines in 40 CFR part 1039, appendix I, 
while the AECD is activated during a qualified emergency situation. A 
qualified emergency situation is defined in 40 CFR 1039.665. When the 
qualified emergency situation has ended and the AECD is deactivated, the

[[Page 513]]

engine must resume meeting the otherwise applicable emission standard 
specified in this section.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37967, June 28, 2011; 
81 FR 44219, July 7, 2016; 86 FR 34357, June 29, 2021]



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 Tier 2 emission standards for new nonroad CI engines for the 
appropriate rated power as described in 40 CFR part 1039, appendix I, 
for all pollutants and the smoke standards as specified in 40 CFR 
1039.105 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 rated power greater than or equal to 37 KW 
(50 HP), the Tier 2 or Tier 3 emission standards for new nonroad CI 
engines for the same rated power as described in 40 CFR part 1039, 
appendix I, for all pollutants and the smoke standards as specified in 
40 CFR 1039.105 beginning in model year 2007.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE with 
a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder that are not fire pump 
engines to the emission standards specified in paragraphs (b)(1) through 
(2) of this section.
    (1) For 2007 through 2010 model years, the emission standards in 
table 1 to this subpart, for all pollutants, for the same maximum engine 
power.
    (2) For 2011 model year and later, the Tier 2 emission standards as 
described in 40 CFR part 1039, appendix I, for all pollutants and the 
smoke standards as specified in 40 CFR 1039.105.
    (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 appropriate Tier 2 emission standards for new marine CI 
engines as described in 40 CFR part 1042, appendix I, for all 
pollutants, for the same displacement and rated 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:

[[Page 514]]

    (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 ICE identified in paragraphs 
(a) and (c) of this section may be certified to the provisions of 40 CFR 
part 1042 for commercial engines that are applicable for the engine's 
model year, displacement, power density, and maximum engine power if the 
engines will be used solely in either or both of the locations 
identified in paragraphs (g)(1) and (2) of this section. Engines that 
would be subject to the Tier 4 standards in 40 CFR part 1042 that are 
used solely in either or both of the locations identified in paragraphs 
(g)(1) and (2) of this section may instead continue to be certified to 
the previous tier of standards in 40 CFR part 1042. The previous tier is 
Tier 3 in most cases; however, the previous tier is Tier 2 if there are 
no Tier 3 standards specified for engines of a certain size or power 
rating.
    (1) Remote areas of Alaska; 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; 
81 FR 44219, July 7, 2016; 86 FR 34358, June 29, 2021; 88 FR 4471, Jan. 
24, 2023]



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 Tier 1 emission standards in 40 CFR part 1042, appendix I.
    (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

[[Page 515]]

    (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.
    (f) Owners and operators of stationary CI ICE certified to the 
standards in 40 CFR part 1039 and equipped with AECDs as specified in 40 
CFR 1039.665 must meet the Tier 1 certification emission standards for 
new nonroad CI engines in 40 CFR part 1039, appendix I, while the AECD 
is activated during a qualified emergency situation. A qualified 
emergency situation is defined in 40 CFR 1039.665. When the qualified 
emergency situation has ended and the AECD is deactivated, the engine 
must resume meeting the otherwise applicable emission standard specified 
in this section.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37968, June 28, 2011; 
81 FR 44219, July 7, 2016; 86 FR 34358, June 29, 2021]



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 Tier 1 emission standards in 40 
CFR part 1042, appendix I.
    (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

[[Page 516]]

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; 
86 FR 34358, June 29, 2021]



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) [Reserved]
    (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 1090.305 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 must use diesel 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; 85 FR 78463, Dec. 4, 2020]

               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.

[[Page 517]]

    (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]



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. Sec.  
60.4201(a) through (c) and 60.4202(a), (b), and (d) using the 
certification procedures required in 40 CFR part 1039, subpart C, and 
must test their engines as specified in 40 CFR part 1039. For the 
purposes of this subpart, engines certified to the standards in Table 1 
to this subpart shall be subject to the same certification procedures 
required for engines certified to the Tier 1 standards in 40 CFR part 
1039, appendix I. For the purposes of this subpart, engines certified to 
the standards in Table 4 to this subpart shall be subject

[[Page 518]]

to the same certification procedures required for engines certified to 
the Tier 1 standards in 40 CFR part 1039, appendix I, 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. Sec.  60.4201(d) and (e) and 
60.4202(e) and (f) using the certification procedures required in 40 CFR 
part 1042, subpart C, and must test their engines as specified in 40 CFR 
part 1042.
    (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 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 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 part 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 part 1039 
or 1042, as appropriate,

[[Page 519]]

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 part 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''.
    (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 1068.240 are 
applicable to stationary CI engines replacing existing equipment that is 
less than 15 years old.
    (j) Stationary CI ICE manufacturers may equip their stationary CI 
internal combustion engines certified to the emission standards in 40 
CFR part 1039 with AECDs for qualified emergency situations according to 
the requirements of 40 CFR 1039.665. Manufacturers of stationary CI ICE 
equipped with AECDs as allowed by 40 CFR 1039.665 must meet all the 
requirements in 40 CFR 1039.665 that apply to manufacturers. 
Manufacturers must document that the engine complies with the Tier 1 
standard in 40 CFR part 1039, appendix I, when the AECD is activated. 
Manufacturers must provide any relevant testing, engineering analysis, 
or other information in sufficient detail to support such statement when 
applying for certification (including amending an existing certificate) 
of an engine equipped with an AECD as allowed by 40 CFR 1039.665.
    (k) Manufacturers of any size may certify their emergency stationary 
CI internal combustion engines under this

[[Page 520]]

section using assigned deterioration factors established by EPA, 
consistent with 40 CFR 1039.240 and 1042.240.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011; 
81 FR 44219, July 7, 2016; 86 FR 34358, June 29, 2021]



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 part 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.  60.4204(a) or Sec.  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 to emission standards for the 
same model year and maximum engine power as described in 40 CFR parts 
1039 and 1042, as applicable. 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.
    (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

[[Page 521]]

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, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (f)(1) through (3), is prohibited. If you do not 
operate the engine according to the requirements in paragraphs (f)(1) 
through (3), 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 the purpose 
specified in paragraph (f)(2)(i) 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 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)-(iii) [Reserved]
    (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 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

[[Page 522]]

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 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.
    (h) The requirements for operators and prohibited acts specified in 
40 CFR 1039.665 apply to owners or operators of stationary CI ICE 
equipped with

[[Page 523]]

AECDs for qualified emergency situations as allowed by 40 CFR 1039.665.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37970, June 28, 2011; 
78 FR 6695, Jan. 30, 2013; 81 FR 44219, July 7, 2016; 86 FR 34359, June 
29, 2021; 87 FR 48605, Aug. 10, 2022]

              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. Alternatively, stationary CI ICE that are 
complying with Tier 2 or Tier 3 emission standards as described in 40 
CFR part 1039, appendix I, or with Tier 2 emission standards as 
described in 40 CFR part 1042, appendix I, may follow the testing 
procedures specified in Sec.  60.4213, as appropriate.
    (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 subject to Tier 2 or 
Tier 3 emission standards as described in 40 CFR part 1039, appendix I, 
or Tier 2 emission standards as described in 40 CFR part 1042, appendix 
I, must not exceed the NTE numerical requirements, rounded to the same 
number of decimal places as the applicable standard, determined from the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN21.275

Where:

STD = The standard specified for that pollutant in 40 CFR part 1039 or 
          1042, as applicable.
    (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; 
86 FR 34359, June 29, 2021]



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

[[Page 524]]

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:
[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

[[Page 525]]

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.
    (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

[[Page 526]]

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 for the purpose 
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)-(vi) [Reserved]
    (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 report must be submitted to the Administrator 
at the appropriate address listed in Sec.  60.4.
    (e) Owners or operators of stationary CI ICE equipped with AECDs 
pursuant to the requirements of 40 CFR 1039.665 must report the use of 
AECDs as required by 40 CFR 1039.665(e).

[71 FR 39172, July 11, 2006, as amended at 78 FR 6696, Jan. 30, 2013; 81 
FR 44219, July 7, 2016; 87 FR 48606, Aug. 10, 2022]

                          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;

[[Page 527]]

    (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 remote areas 
of Alaska may meet the requirements of this subpart by manufacturing and 
installing engines meeting the Tier 2 or Tier 3 emission standards 
described in 40 CFR part 1042 for the same model year, displacement, and 
maximum engine power, as appropriate, rather than the otherwise 
applicable requirements of 40 CFR part 1039, as indicated in Sec. Sec.  
60.4201(f) and 60.4202(g).
    (c) Manufacturers, owners, and operators of stationary CI ICE that 
are located in remote areas of Alaska 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. Sec.  60.4201 
and 60.4204, except that for 2014 model year and later nonemergency CI 
ICE, the owner or operator of any such engine must have that engine 
certified as meeting at least the Tier 3 PM standards identified in 
appendix I of 40 CFR part 1039 or in 40 CFR 1042.101.
    (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 remote areas of Alaska.
    (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 remote areas of Alaska 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, as amended at 81 FR 44219, July 7, 2016; 86 
FR 34359, June 29, 2021]



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 General Provisions and confidential information 
provisions apply to me?

    (a) Table 8 to this subpart shows which parts of the General 
Provisions in Sec. Sec.  60.1 through 60.19 apply to you.
    (b) The provisions of 40 CFR 1068.10 and 1068.11 apply for engine 
manufacturers. For others, the general confidential business information 
(CBI)

[[Page 528]]

provisions apply as described in 40 CFR part 2.

[88 FR 4471, Jan. 24, 2023]

                               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.
    Alaska Railbelt Grid means the service areas of the six regulated 
public utilities that extend from Fairbanks to Anchorage and the Kenai 
Peninsula. These utilities are Golden Valley Electric Association; 
Chugach Electric Association; Matanuska Electric Association; Homer 
Electric Association; Anchorage Municipal Light & Power; and the City of 
Seward Electric System.
    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 1042.101(e).
    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.
    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

[[Page 529]]

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)(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.
    Remote areas of Alaska means areas of Alaska that meet either 
paragraph (1) or (2) of this definition.
    (1) Areas of Alaska that are not accessible by the Federal Aid 
Highway System (FAHS).
    (2) Areas of Alaska that meet all of the following criteria:
    (i) The only connection to the FAHS is through the Alaska Marine 
Highway System, or the stationary CI ICE operation is within an isolated 
grid in Alaska that is not connected to the statewide electrical grid 
referred to as the Alaska Railbelt Grid.
    (ii) At least 10 percent of the power generated by the stationary CI 
ICE on an annual basis is used for residential purposes.
    (iii) The generating capacity of the source is less than 12 
megawatts, or the stationary CI ICE is used exclusively for backup power 
for renewable energy.
    Rotary internal combustion engine means any internal combustion 
engine which uses rotary motion to convert heat energy into mechanical 
work.
    Spark ignition means relating to a gasoline, natural gas, or 
liquefied petroleum gas fueled engine or any other type of engine with a 
spark plug (or other sparking device) and with operating characteristics 
significantly similar to the theoretical Otto combustion cycle. Spark 
ignition engines usually use a throttle to regulate intake air flow to 
control power during normal operation. Dual-fuel engines in which a 
liquid fuel (typically diesel fuel) is used for CI and gaseous fuel

[[Page 530]]

(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; 81 FR 44219, July 7, 2016; 86 FR 34360, June 
29, 2021; 87 FR 48606, Aug. 10, 2022]



    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 531]]



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

[[Page 532]]

 
KW=130 (HP=175)..........                     2011
------------------------------------------------------------------------



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 =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.

[[Page 533]]

 
                                                      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).
                                                      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).

[[Page 534]]

 
                                                      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.
                                                      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]

[[Page 535]]



   Sec. Table 8 to Subpart IIII of Part 60--Applicability of General 
                       Provisions to Subpart IIII

        [As stated in Sec.   60.4218, you must comply with the following applicable General Provisions:]
----------------------------------------------------------------------------------------------------------------
    General Provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1.......................  General applicability of    Yes..................
                                     the General Provisions.
Sec.   60.2.......................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.   60.4219.
Sec.   60.3.......................  Units and abbreviations...  Yes..................
Sec.   60.4.......................  Address...................  Yes..................
Sec.   60.5.......................  Determination of            Yes..................
                                     construction or
                                     modification.
Sec.   60.6.......................  Review of plans...........  Yes..................
Sec.   60.7.......................  Notification and            Yes..................  Except that Sec.   60.7
                                     Recordkeeping.                                     only applies as
                                                                                        specified in Sec.
                                                                                        60.4214(a).
Sec.   60.8.......................  Performance tests.........  Yes..................  Except that Sec.   60.8
                                                                                        only applies to
                                                                                        stationary CI ICE with a
                                                                                        displacement of (=30 liters per
                                                                                        cylinder and engines
                                                                                        that are not certified.
Sec.   60.9.......................  Availability of             Yes..................
                                     information.
Sec.   60.10......................  State Authority...........  Yes..................
Sec.   60.11......................  Compliance with standards   No...................  Requirements are
                                     and maintenance                                    specified in subpart
                                     requirements.                                      IIII.
Sec.   60.12......................  Circumvention.............  Yes..................
Sec.   60.13......................  Monitoring requirements...  Yes..................  Except that Sec.   60.13
                                                                                        only applies to
                                                                                        stationary CI ICE with a
                                                                                        displacement of (=30 liters per
                                                                                        cylinder.
Sec.   60.14......................  Modification..............  Yes..................
Sec.   60.15......................  Reconstruction............  Yes..................
Sec.   60.16......................  Priority list.............  Yes..................
Sec.   60.17......................  Incorporations by           Yes..................
                                     reference.
Sec.   60.18......................  General control device      No...................
                                     requirements.
Sec.   60.19......................  General notification and    Yes..................
                                     reporting requirements.
----------------------------------------------------------------------------------------------------------------



  Subpart JJJJ_Standards of Performance for Stationary Spark Ignition 
                       Internal Combustion Engines

    Source: 73 FR 3591, Jan. 18, 2008, unless otherwise noted.

                        What This Subpart Covers



Sec.  60.4230  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary spark ignition (SI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (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);

[[Page 536]]

    (ii) On or after January 1, 2008, for lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP;
    (iii) On or after July 1, 2008, for engines with a maximum engine 
power less than 500 HP; or
    (iv) On or after January 1, 2009, for emergency engines.
    (4) Owners and operators of stationary SI ICE that commence 
construction after June 12, 2006, where the stationary SI ICE are 
manufactured:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP (except lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP);
    (ii) on or after January 1, 2008, for lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 1,350 
HP;
    (iii) on or after July 1, 2008, for engines with a maximum engine 
power less than 500 HP; or
    (iv) on or after January 1, 2009, for emergency engines with a 
maximum engine power greater than 19 KW (25 HP).
    (5) Owners and operators of stationary SI ICE that 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 1048 and 1054, 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; 86 
FR 34360, June 29, 2021]

                  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 1054, as follows:

------------------------------------------------------------------------
                                                    the engine must meet
                                                     the following non-
                                                      handheld emission
If engine displacement is . . .  and manufacturing  standards identified
                                  dates are . . .    in 40 CFR part 1054
                                                         and related
                                                        requirements:
 
------------------------------------------------------------------------
(1) Below 225 cc...............  July 1, 2008 to    Phase 2.
                                  December 31,
                                  2011.
(2) Below 225 cc...............  January 1, 2012    Phase 3.
                                  or later.
(3) At or above 225 cc.........  July 1, 2008 to    Phase 2.
                                  December 31,
                                  2010.
(4) At or above 225 cc.........  January 1, 2011    Phase 3.
                                  or later.
------------------------------------------------------------------------


[[Page 537]]

    (b) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater than 
19 KW (25 HP) (except emergency stationary ICE with a maximum engine 
power greater than 25 HP and less than 130 HP) that use gasoline and 
that are manufactured on or after the applicable date in Sec.  
60.4230(a)(2), or manufactured on or after the applicable date in Sec.  
60.4230(a)(4) for emergency stationary ICE with a maximum engine power 
greater than or equal to 130 HP, to the certification emission standards 
and other requirements for new nonroad SI engines in 40 CFR part 1048. 
Stationary SI internal combustion engine manufacturers must certify 
their emergency stationary SI ICE with a maximum engine power greater 
than 25 HP and less than 130 HP that 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 part 1054, appendix I, 
applicable to class II engines, and other requirements for new nonroad 
SI engines in 40 CFR part 1054. 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 as appropriate 
for new nonroad SI engines in 40 CFR part 1054.
    (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 part 1054, 
appendix I, applicable to class II engines, and other requirements for 
new nonroad SI engines in 40 CFR part 1054. 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 as appropriate for new nonroad SI engines in 40 CFR part 
1054.
    (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 part 1054, appendix I, 
applicable to class II engines, for new nonroad SI engines in 40 CFR 
part 1054. 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 and other requirements as appropriate 
for new nonroad SI engines in 40 CFR part 1054. 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

[[Page 538]]

that use LPG and emergency stationary ICE with a maximum engine power 
greater than 25 HP and less than 130 HP) manufactured prior to January 
1, 2011, manufacturers may choose to certify these engines to the 
standards in Table 1 to this subpart applicable to engines with a 
maximum engine power greater than or equal to 100 HP and less than 500 
HP.
    (e) Stationary SI internal combustion engine manufacturers who 
choose to certify their stationary SI ICE with a maximum engine power 
greater than or equal to 75 KW (100 HP) (except gasoline and rich burn 
engines that use LPG) under the voluntary manufacturer certification 
program described in this subpart must certify those engines to the 
emission standards in Table 1 to this subpart. Stationary SI internal 
combustion engine manufacturers may certify their stationary SI ICE with 
a maximum engine power greater than or equal to 75 KW (100 HP) that are 
lean burn engines that use LPG to the certification emission standards 
for new nonroad SI engines in 40 CFR part 1048. For stationary SI ICE 
with a maximum engine power greater than or equal to 100 HP (75 KW) and 
less than 500 HP (373 KW) manufactured prior to January 1, 2011, and for 
stationary SI ICE with a maximum engine power greater than or equal to 
500 HP (373 KW) manufactured prior to July 1, 2010, manufacturers may 
choose to certify these engines to the certification emission standards 
for new nonroad SI engines in 40 CFR part 1048 applicable to engines 
that are not severe duty engines.
    (f) Manufacturers of equipment containing stationary SI internal 
combustion engines meeting the provisions of 40 CFR part 1054 must meet 
the provisions of 40 CFR part 1060, to the extent they apply to 
equipment manufacturers.
    (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; 86 FR 34360, June 
29, 2021]



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.

[[Page 539]]

Owners and operators of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) and less than 75 KW (100 HP) manufactured 
prior to January 1, 2011, that were certified to the standards in Table 
1 to this subpart applicable to engines with a maximum engine power 
greater than or equal to 100 HP and less than 500 HP, may optionally 
choose to meet those standards.
    (e) Owners and operators of stationary SI ICE with a maximum engine 
power greater than or equal to 75 KW (100 HP) (except gasoline and rich 
burn engines that use LPG) must comply with the emission standards in 
Table 1 to this subpart for their stationary SI ICE. For owners and 
operators of stationary SI ICE with a maximum engine power greater than 
or equal to 100 HP (except gasoline and rich burn engines that use LPG) 
manufactured prior to January 1, 2011 that were certified to the 
certification emission standards in 40 CFR part 1048 applicable to 
engines that are not severe duty engines, if such stationary SI ICE was 
certified to a carbon monoxide (CO) standard above the standard in Table 
1 to this subpart, then the owners and operators may meet the CO 
certification (not field testing) standard for which the engine was 
certified.
    (f) Owners and operators of any modified or reconstructed stationary 
SI ICE subject to this subpart must meet the requirements as specified 
in paragraphs (f)(1) through (5) of this section.
    (1) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP), that are modified or 
reconstructed after June 12, 2006, must comply with 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;

[[Page 540]]

    (iv) Prior to January 1, 2008, for non-emergency lean burn natural 
gas engines and LPG engines with a maximum engine power greater than or 
equal to 500 HP and less than 1,350 HP.
    (5) Owners and operators of stationary SI landfill/digester gas ICE 
engines with a maximum engine power greater than 19 KW (25 HP), that are 
modified or reconstructed after June 12, 2006, must comply with the same 
emission standards as those specified in paragraph (e) of this section 
for stationary landfill/digester gas engines. Engines with maximum 
engine power less than 500 HP and a date of manufacture prior to July 1, 
2008 must comply with the emission standards specified in paragraph (e) 
of this section for stationary landfill/digester gas ICE with a maximum 
engine power less than 500 HP manufactured on July 1, 2008. Engines with 
a maximum engine power greater than or equal to 500 HP (except lean burn 
engines greater than or equal to 500 HP and less than 1,350 HP) and a 
date of manufacture prior to July 1, 2007 must comply with the emission 
standards specified in paragraph (e) of this section for stationary 
landfill/digester gas ICE with a maximum engine power greater than or 
equal to 500 HP (except lean burn engines greater than or equal to 500 
HP and less than 1,350 HP) manufactured on July 1, 2007. Lean burn 
engines greater than or equal to 500 HP and less than 1,350 HP with a 
date of manufacture prior to January 1, 2008 must comply with the 
emission standards specified in paragraph (e) of this section for 
stationary landfill/digester gas ICE that are lean burn engines greater 
than or equal to 500 HP and less than 1,350 HP and manufactured on 
January 1, 2008.
    (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 1090.205.

[73 FR 3591, Jan. 18, 2008, as amended at 85 FR 78463, Dec. 4, 2020]



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

[[Page 541]]

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 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 and testing 
procedures required in 40 CFR part 1054, subparts C and 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, subpart C, to the extent they apply to equipment 
manufacturers.

[86 FR 34361, June 29, 2021]



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 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 part 1054, appendix I, applicable to class II engines, must certify 
their stationary SI ICE using the certification and testing procedures 
required in 40 CFR part 1054, subparts C and F. Manufacturers of 
equipment containing stationary SI internal combustion engines meeting

[[Page 542]]

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.

[86 FR 34361, June 29, 2021]



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 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 part 1054, appendix I, applicable to class II engines, must certify 
their stationary SI ICE using the certification and testing procedures 
required in 40 CFR part 1054, subparts C and 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, subpart C, to the extent they apply to equipment 
manufacturers.

[86 FR 34361, June 29, 2021]



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. Manufacturers 
of stationary SI internal combustion engines who choose not to certify 
their engines under this section must notify the ultimate purchaser that 
testing requirements apply as described in Sec.  60.4243(b)(2); 
manufacturers must keep a copy of this notification for five years after 
shipping each engine and make those documents available to EPA upon 
request.
    (b) Manufacturers of engines other than those certified to standards 
in 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 for Standardization 8178-4: 1996(E) 
(incorporated by reference, see Sec.  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. Manufacturers of 
any size may certify their stationary emergency engines at or above 130 
hp using assigned deterioration factors established by EPA, consistent 
with 40 CFR 1048.240. 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 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 part 1054, appendix 
I, applicable to class II engines, must

[[Page 543]]

certify their stationary SI ICE using the certification and testing 
procedures required in 40 CFR part 1054, subparts C and 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, subpart C, to the extent they apply to equipment 
manufacturers.
    (c) Certification of stationary SI ICE to the emission standards 
specified in Sec.  60.4231(d) or (e), as applicable, is voluntary, but 
manufacturers who decide to certify are subject to all of the 
requirements indicated in this subpart with regard to the engines 
included in their certification. Manufacturers must clearly label their 
stationary SI engines as certified or non-certified engines.
    (d) Manufacturers of natural gas fired stationary SI ICE who conduct 
voluntary certification of stationary SI ICE to the emission standards 
specified in Sec.  60.4231(d) or (e), as applicable, must certify their 
engines for operation using fuel that meets the definition of pipeline-
quality natural gas. The fuel used for certifying stationary SI natural 
gas engines must meet the definition of pipeline-quality natural gas as 
described in Sec.  60.4248. In addition, the manufacturer must provide 
information to the owner and operator of the certified stationary SI 
engine including the specifications of the pipeline-quality natural gas 
to which the engine is certified and what adjustments the owner or 
operator must make to the engine when installed in the field to ensure 
compliance with the emission standards.
    (e) Manufacturers of stationary SI ICE that are lean burn engines 
fueled by LPG who conduct voluntary certification of stationary SI ICE 
to the emission standards specified in Sec.  60.4231(d) or (e), as 
applicable, must certify their engines for operation using fuel that 
meets the specifications in 40 CFR 1065.720.
    (f) Manufacturers may certify their engines for operation using 
gaseous fuels in addition to pipeline-quality natural gas; however, the 
manufacturer must specify the properties of that fuel and provide 
testing information showing that the engine will meet the emission 
standards specified in Sec.  60.4231(d) or (e), as applicable, when 
operating on that fuel. The manufacturer must also provide instructions 
for configuring the stationary engine to meet the emission standards on 
fuels that do not meet the pipeline-quality natural gas definition. The 
manufacturer must also provide information to the owner and operator of 
the certified stationary SI engine regarding the configuration that is 
most conducive to reduced emissions where the engine will be operated on 
gaseous fuels with different quality than the fuel that it was certified 
to.
    (g) A stationary SI engine manufacturer may certify an engine family 
solely to the standards applicable to landfill/digester gas engines as 
specified in Sec.  60.4231(d) or (e), as applicable, but must certify 
their engines for operation using landfill/digester gas and must add a 
permanent label stating that the engine is for use only in landfill/
digester gas applications. The label must be added according to the 
labeling requirements specified in 40 CFR 1048.135(b).
    (h) For purposes of this subpart, when calculating emissions of 
volatile organic compounds, emissions of formaldehyde should not be 
included.
    (i) For engines being certified to the voluntary certification 
standards in Table 1 of this subpart, the VOC measurement shall be made 
by following the procedures in 40 CFR part 1065, subpart C, to determine 
the total NMHC emissions. As an alternative, manufacturers 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; 86 FR 34361, June 29, 2021]



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 parts 1048, 1054, and 1068, as applicable, 
except that engines certified pursuant to the

[[Page 544]]

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 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 
identified in 40 CFR part 1048 or 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 paragraph (b) 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 and 
exported according to 40 CFR 1068.230. 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 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.

[86 FR 34362, June 29, 2021]

[[Page 545]]

            Compliance Requirements for Owners and Operators



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

    (a) If you are an owner or operator of a stationary SI internal 
combustion engine that is manufactured after July 1, 2008, and must 
comply with the emission standards specified in Sec.  60.4233(a) through 
(c), you must comply by purchasing an engine certified to the emission 
standards in Sec.  60.4231(a) through (c), as applicable, for the same 
engine class and maximum engine power. 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

[[Page 546]]

with good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test to demonstrate 
compliance.
    (ii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent with 
good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test and conduct 
subsequent performance testing every 8,760 hours or 3 years, whichever 
comes first, thereafter to demonstrate compliance.
    (c) If you are an owner or operator of a stationary SI internal 
combustion engine that must comply with the emission standards specified 
in Sec.  60.4233(f), you must demonstrate compliance according paragraph 
(b)(2)(i) or (ii) of this section, except that if you comply according 
to paragraph (b)(2)(i) of this section, you demonstrate that your non-
certified engine complies with the emission standards specified in Sec.  
60.4233(f).
    (d) 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, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (d)(1) through (3), is prohibited. If you do not 
operate the engine according to the requirements in paragraphs (d)(1) 
through (3), 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 the purpose 
specified in paragraph (d)(2)(i) 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)-(iii) [Reserved]
    (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 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 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.

[[Page 547]]

    (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 undergoes rebuild, major repair or 
maintenance. Engine rebuilding means to overhaul an engine or to 
otherwise perform extensive service on the engine (or on a portion of 
the engine or engine system). For the purpose of this paragraph (f), 
perform extensive service means to disassemble the engine (or portion of 
the engine or engine system), inspect and/or replace many of the parts, 
and reassemble the engine (or portion of the engine or engine system) in 
such a manner that significantly increases the service life of the 
resultant engine.
    (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 548]]

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; 86 FR 34362, June 29, 2021; 87 FR 48606, Aug. 
10, 2022]

              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).
1.912 x 10-3 = 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.
1.164 x 10-3 = 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 549]]

[GRAPHIC] [TIFF OMITTED] TR18JA08.002

Where:

ER = Emission rate of VOC in g/HP-hr.
Cd = VOC concentration measured as propane in ppmv.
1.833 x 10-3 = 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 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 550]]

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. Performance test reports using EPA Method 18, EPA Method 320, 
or ASTM D6348-03 (incorporated by reference--see 40 CFR 60.17) to 
measure VOC require reporting of all QA/QC data. For Method 18, report 
results from sections 8.4 and 11.1.1.4; for Method 320, report results 
from sections 8.6.2, 9.0, and 13.0; and for ASTM D6348-03 report results 
of all QA/QC procedures in Annexes 1-7.
    (e) If you own or operate an emergency stationary SI ICE with a 
maximum engine power more than 100 HP that operates for the purpose 
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)-(vi) [Reserved]
    (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; 81 FR 59809, Aug. 30, 2016; 86 FR 34362, June 
29, 2021; 87 FR 48606, Aug. 10, 2022]

                           General Provisions



Sec.  60.4246  What General Provisions and confidential information 
provisions apply to me?

    (a) Table 3 to this subpart shows which parts of the General 
Provisions in Sec. Sec.  60.1 through 60.19 apply to you.
    (b) The provisions of 40 CFR 1068.10 and 1068.11 apply for engine 
manufacturers. For others, the general confidential business information 
(CBI) provisions apply as described in 40 CFR part 2.

[88 FR 4471, Jan. 24, 2023]

[[Page 551]]

                        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 
1054 must meet the provisions of 40 CFR part 1054. Note that 40 CFR part 
1054, appendix I, describes various provisions that do not apply for 
engines meeting Phase 1 standards in 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; 86 
FR 34362, June 29, 2021]

                               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 1054.107 
and 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:
    (1) 1,000 hours of operation.
    (2) Your recommended overhaul interval.
    (3) Your mechanical warranty for the engine.

[[Page 552]]

    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 1048 or 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)(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 commercially known or sold as gasoline.

[[Page 553]]

    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 554]]

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; 86 FR 34363, June 
29, 2021; 87 FR 48606, Aug. 10, 2022]



  Sec. Table 1 to Subpart JJJJ of Part 60--NOX, CO, and VOC 
       Emission Standards for Stationary Non-Emergency SI Engines 
 =100 HP (Except Gasoline and Rich Burn LPG), Stationary SI 
    Landfill/Digester Gas Engines, and Stationary Emergency Engines 
                            25 HP

----------------------------------------------------------------------------------------------------------------
                                                                                  Emission standards a
                                                                       -----------------------------------------
     Engine type and fuel        Maximum engine power     Manufacture         g/HP-hr          ppmvd at 15% O2
                                                             date      -----------------------------------------
                                                                         NOX     CO   VOC d   NOX     CO   VOC d
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas b  100<=HP<500...........        7/1/2008    2.0    4.0    1.0    160    540     86
 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 555]]

 
\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].

----------------------------------------------------------------------------------------------------------------
                                   Complying with
            For each              the requirement        You must            Using           According to the
                                         to                                               following requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary SI internal        a. Limit the       i. Select the      (1) Method 1 or    (a) Alternatively, for
 combustion engine                concentration of   sampling port      1A of 40 CFR       NOX, O2, and moisture
 demonstrating compliance         NOX in the         location and the   part 60,           measurement, ducts
 according to Sec.   60.4244.     stationary SI      number/location    appendix A-1, if   <=6 inches in
                                  internal           of traverse        measuring flow     diameter may be
                                  combustion         points at the      rate.              sampled at a single
                                  engine exhaust.    exhaust of the                        point located at the
                                                     stationary                            duct centroid and
                                                     internal                              ducts >6 and <=12
                                                     combustion                            inches in diameter
                                                     engine;                               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 to
                                                     O2 concentration   or 3B \b\ of 40    determine O2
                                                     of the             CFR part 60,       concentration must be
                                                     stationary         appendix A-2 or    made at the same time
                                                     internal           ASTM Method        as the measurements
                                                     combustion         D6522-00           for NOX
                                                     engine exhaust     (Reapproved        concentration.
                                                     at the sampling    2005) a d.
                                                     port location;
                                                    iii. If            (3) Method 2 or    (c) Measurements to
                                                     necessary,         2C of 40 CFR       determine the exhaust
                                                     determine the      part 60,           flowrate must be made
                                                     exhaust flowrate   appendix A-1 or    (1) at the same time
                                                     of the             Method 19 of 40    as the measurement
                                                     stationary         CFR part 60,       for NOX concentration
                                                     internal           appendix A-7.      or, alternatively (2)
                                                     combustion                            according to the
                                                     engine exhaust;                       option in Section
                                                                                           11.1.2 of Method 1A
                                                                                           of 40 CFR part 60,
                                                                                           Appendix A-1, if
                                                                                           applicable.
                                                    iv. If necessary,  (4) Method 4 of    (d) Measurements to
                                                     measure moisture   40 CFR part 60,    determine moisture
                                                     content of the     appendix A-3,      must be made at the
                                                     stationary         Method 320 of 40   same time as the
                                                     internal           CFR part 63,       measurement for NOX
                                                     combustion         appendix A,\e\     concentration.
                                                     engine exhaust     or ASTM Method
                                                     at the sampling    D6348-03 d e.
                                                     port location;
                                                     and
                                                    v. Measure NOX at  (5) Method 7E of   (e) Results of this
                                                     the exhaust of     40 CFR part 60,    test consist of the
                                                     the stationary     appendix A-4,      average of the three
                                                     internal           ASTM Method        1-hour or longer
                                                     combustion         D6522-00           runs.
                                                     engine; if using   (Reapproved
                                                     a control          2005),a d Method
                                                     device, the        320 of 40 CFR
                                                     sampling site      part 63,
                                                     must be located    appendix A,\e\
                                                     at the outlet of   or ASTM Method
                                                     the control        D6348-03 d e.
                                                     device

[[Page 556]]

 
                                 b. Limit the       i. Select the      (1) Method 1 or    (a) Alternatively, for
                                  concentration of   sampling port      1A of 40 CFR       CO, O2, and moisture
                                  CO in the          location and the   part 60,           measurement, ducts
                                  stationary SI      number/location    appendix A-1, if   <=6 inches in
                                  internal           of traverse        measuring flow     diameter may be
                                  combustion         points at the      rate.              sampled at a single
                                  engine exhaust.    exhaust of the                        point located at the
                                                     stationary                            duct centroid and
                                                     internal                              ducts >6 and <=12
                                                     combustion                            inches in diameter
                                                     engine;                               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 to
                                                     O2 concentration   or 3B \b\ of 40    determine O2
                                                     of the             CFR part 60,       concentration must be
                                                     stationary         appendix A-2 or    made at the same time
                                                     internal           ASTM Method        as the measurements
                                                     combustion         D6522-00           for CO concentration.
                                                     engine exhaust     (Reapproved
                                                     at the sampling    2005) a d.
                                                     port location;
                                                    iii. If            (3) Method 2 or    (c) Measurements to
                                                     necessary,         2C of 40 CFR 60,   determine the exhaust
                                                     determine the      appendix A-1 or    flowrate must be made
                                                     exhaust flowrate   Method 19 of 40    (1) at the same time
                                                     of the             CFR part 60,       as the measurement
                                                     stationary         appendix A-7.      for CO concentration
                                                     internal                              or, alternatively (2)
                                                     combustion                            according to the
                                                     engine exhaust;                       option in Section
                                                                                           11.1.2 of Method 1A
                                                                                           of 40 CFR part 60,
                                                                                           Appendix A-1, if
                                                                                           applicable.
                                                    iv. If necessary,  (4) Method 4 of    (d) Measurements to
                                                     measure moisture   40 CFR part 60,    determine moisture
                                                     content of the     appendix A-3,      must be made at the
                                                     stationary         Method 320 of 40   same time as the
                                                     internal           CFR part 63,       measurement for CO
                                                     combustion         appendix A,\e\     concentration.
                                                     engine exhaust     or ASTM Method
                                                     at the sampling    D6348-03 d e.
                                                     port location;
                                                     and
                                                    v. Measure CO at   (5) Method 10 of   (e) Results of this
                                                     the exhaust of     40 CFR part 60,    test consist of the
                                                     the stationary     appendix A4,       average of the three
                                                     internal           ASTM Method        1-hour or longer
                                                     combustion         D6522-00           runs.
                                                     engine; if using   (Reapproved
                                                     a control          2005),a d e
                                                     device, the        Method 320 of 40
                                                     sampling site      CFR part 63,
                                                     must be located    appendix A,\e\
                                                     at the outlet of   or ASTM Method
                                                     the control        D6348-03 d e.
                                                     device

[[Page 557]]

 
                                 c. Limit the       i. Select the      (1) Method 1 or    (a) Alternatively, for
                                  concentration of   sampling port      1A of 40 CFR       VOC, O2, and moisture
                                  VOC in the         location and the   part 60,           measurement, ducts
                                  stationary SI      number/location    appendix A-1, if   <=6 inches in
                                  internal           of traverse        measuring flow     diameter may be
                                  combustion         points at the      rate.              sampled at a single
                                  engine exhaust.    exhaust of the                        point located at the
                                                     stationary                            duct centroid and
                                                     internal                              ducts >6 and <=12
                                                     combustion                            inches in diameter
                                                     engine;                               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 to
                                                     O2 concentration   or 3B \b\ of 40    determine O2
                                                     of the             CFR part 60,       concentration must be
                                                     stationary         appendix A-2 or    made at the same time
                                                     internal           ASTM Method        as the measurements
                                                     combustion         D6522-00           for VOC
                                                     engine exhaust     (Reapproved        concentration.
                                                     at the sampling    2005) a d.
                                                     port location;
                                                    iii. If            (3) Method 2 or    (c) Measurements to
                                                     necessary,         2C of 40 CFR 60,   determine the exhaust
                                                     determine the      appendix A-1 or    flowrate must be made
                                                     exhaust flowrate   Method 19 of 40    (1) at the same time
                                                     of the             CFR part 60,       as the measurement
                                                     stationary         appendix A-7.      for VOC concentration
                                                     internal                              or, alternatively (2)
                                                     combustion                            according to the
                                                     engine exhaust;                       option in Section
                                                                                           11.1.2 of Method 1A
                                                                                           of 40 CFR part 60,
                                                                                           Appendix A-1, if
                                                                                           applicable.
                                                    iv. If necessary,  (4) Method 4 of    (d) Measurements to
                                                     measure moisture   40 CFR part 60,    determine moisture
                                                     content of the     appendix A-3,      must be made at the
                                                     stationary         Method 320 of 40   same time as the
                                                     internal           CFR part 63,       measurement for VOC
                                                     combustion         appendix A,\e\     concentration.
                                                     engine exhaust     or ASTM Method
                                                     at the sampling    D6348-03 d e.
                                                     port location;
                                                     and
                                                    v. Measure VOC at  (5) Methods 25A    (e) Results of this
                                                     the exhaust of     and 18 of 40 CFR   test consist of the
                                                     the stationary     part 60,           average of the three
                                                     internal           appendices A-6     1-hour or longer
                                                     combustion         and A-7, Method    runs.
                                                     engine; if using   25A with the use
                                                     a control          of a hydrocarbon
                                                     device, the        cutter as
                                                     sampling site      described in 40
                                                     must be located    CFR 1065.265,
                                                     at the outlet of   Method 18 of 40
                                                     the control        CFR part 60,
                                                     device             appendix A-6,c e
                                                                        Method 320 of 40
                                                                        CFR part 63,
                                                                        appendix A,\e\
                                                                        or ASTM Method
                                                                        D6348-03 d 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
\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 website (http://www.epa.gov/ttn/
  emc/prelim/otm11.pdf).
\d\ Incorporated by reference; see 40 CFR 60.17.
\e\ You must meet the requirements in Sec.   60.4245(d).


[85 FR 63408, Oct. 7, 2020]

[[Page 558]]



   Sec. Table 3 to Subpart JJJJ of Part 60--Applicability of General 
                       Provisions to Subpart JJJJ

         [As stated in Sec.   60.4246, you must comply with the following applicable General Provisions]
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1..........................  General applicability    Yes....................
                                        of the General
                                        Provisions.
Sec.   60.2..........................  Definitions............  Yes....................  Additional terms
                                                                                          defined in Sec.
                                                                                          60.4248.
Sec.   60.3..........................  Units and abbreviations  Yes....................
Sec.   60.4..........................  Address................  Yes....................
Sec.   60.5..........................  Determination of         Yes....................
                                        construction or
                                        modification.
Sec.   60.6..........................  Review of plans........  Yes....................
Sec.   60.7..........................  Notification and         Yes....................  Except that Sec.   60.7
                                        Recordkeeping.                                    only applies as
                                                                                          specified in Sec.
                                                                                          60.4245.
Sec.   60.8..........................  Performance tests......  Yes....................  Except that Sec.   60.8
                                                                                          only applies to owners
                                                                                          and operators who are
                                                                                          subject to performance
                                                                                          testing in subpart
                                                                                          JJJJ.
Sec.   60.9..........................  Availability of          Yes....................
                                        information.
Sec.   60.10.........................  State Authority........  Yes....................
Sec.   60.11.........................  Compliance with          Yes....................  Requirements are
                                        standards and                                     specified in subpart
                                        maintenance                                       JJJJ.
                                        requirements.
Sec.   60.12.........................  Circumvention..........  Yes....................
Sec.   60.13.........................  Monitoring requirements  No.....................
Sec.   60.14.........................  Modification...........  Yes....................
Sec.   60.15.........................  Reconstruction.........  Yes....................
Sec.   60.16.........................  Priority list..........  Yes....................
Sec.   60.17.........................  Incorporations by        Yes....................
                                        reference.
Sec.   60.18.........................  General control device   No.....................
                                        requirements.
Sec.   60.19.........................  General notification     Yes....................
                                        and reporting
                                        requirements.
----------------------------------------------------------------------------------------------------------------



Sec. Table 4 to Subpart JJJJ of Part 60--Applicability of Mobile Source 
      Provisions for Manufacturers Participating in the Voluntary 
   Certification Program and Certifying Stationary SI ICE to Emission 
                  Standards in Table 1 of Subpart JJJJ

 [As stated in Sec.   60.4247, you must comply with the following applicable mobile source provisions if you are
a manufacturer participating in the voluntary certification program and certifying stationary SI ICE to emission
                                      standards in Table 1 of subpart JJJJ]
----------------------------------------------------------------------------------------------------------------
  Mobile source provisions citation      Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
1048 subpart A.......................  Overview and             Yes....................
                                        Applicability.
1048 subpart B.......................  Emission Standards and   Yes....................  Except for the specific
                                        Related Requirements.                             sections below.
1048.101.............................  Exhaust Emission         No.....................
                                        Standards.
1048.105.............................  Evaporative Emission     No.....................
                                        Standards.
1048.110.............................  Diagnosing Malfunctions  No.....................
1048.140.............................  Certifying Blue Sky      No.....................
                                        Series Engines.
1048.145.............................  Interim Provisions.....  No.....................
1048 subpart C.......................  Certifying Engine        Yes....................  Except for the specific
                                        Families.                                         sections below.
1048.205(b)..........................  AECD reporting.........  Yes....................
1048.205(c)..........................  OBD Requirements.......  No.....................
1048.205(n)..........................  Deterioration Factors..  Yes....................  Except as indicated in
                                                                                          60.4247(c).
1048.205(p)(1).......................  Deterioration Factor     Yes....................
                                        Discussion.
1048.205(p)(2).......................  Liquid Fuels as they     No.....................
                                        require.
1048.240(b)(c)(d)....................  Deterioration Factors..  Yes....................
1048 subpart D.......................  Testing Production-Line  Yes....................
                                        Engines.
1048 subpart E.......................  Testing In-Use Engines.  No.....................
1048 subpart F.......................  Test Procedures........  Yes....................

[[Page 559]]

 
1065.5(a)(4).........................  Raw sampling (refers     Yes....................
                                        reader back to the
                                        specific emissions
                                        regulation for
                                        guidance).
1048 subpart G.......................  Compliance Provisions..  Yes....................
1048 subpart H.......................  Reserved...............
1048 subpart I.......................  Definitions and Other    Yes....................
                                        Reference Information.
1048 appendix I and II...............  Yes....................
1065 (all subparts)..................  Engine Testing           Yes....................  Except for the specific
                                        Procedures.                                       section below.
1065.715.............................  Test Fuel                No.....................
                                        Specifications for
                                        Natural Gas.
1068 (all subparts)..................  General Compliance       Yes....................  Except for the specific
                                        Provisions for Nonroad                            sections below.
                                        Programs.
1068.245.............................  Hardship Provisions for  No.....................
                                        Unusual Circumstances.
1068.250.............................  Hardship Provisions for  No.....................
                                        Small-Volume
                                        Manufacturers.
1068.255.............................  Hardship Provisions for  No.....................
                                        Equipment
                                        Manufacturers and
                                        Secondary Engine
                                        Manufacturers.
----------------------------------------------------------------------------------------------------------------



Subpart KKKK_Standards of Performance for Stationary Combustion Turbines

    Source: 71 FR 38497, July 6, 2006, unless otherwise noted.

                              Introduction



Sec.  60.4300  What is the purpose of this subpart?

    This subpart establishes emission standards and compliance schedules 
for the control of emissions from stationary combustion turbines that 
commenced construction, modification or reconstruction after February 
18, 2005.

                              Applicability



Sec.  60.4305  Does this subpart apply to my stationary combustion
turbine?

    (a) If you are the owner or operator of a stationary combustion 
turbine with a heat input at peak load equal to or greater than 10.7 
gigajoules (10 MMBtu) per hour, based on the higher heating value of the 
fuel, which commenced construction, modification, or reconstruction 
after February 18, 2005, your turbine is subject to this subpart. Only 
heat input to the combustion turbine should be included when determining 
whether or not this subpart is applicable to your turbine. Any 
additional heat input to associated heat recovery steam generators 
(HRSG) or duct burners should not be included when determining your peak 
heat input. However, this subpart does apply to emissions from any 
associated HRSG and duct burners.
    (b) Stationary combustion turbines regulated under this subpart are 
exempt from the requirements of subpart GG of this part. Heat recovery 
steam generators and duct burners regulated under this subpart are 
exempted from the requirements of subparts Da, Db, and Dc of this part.



Sec.  60.4310  What types of operations are exempt from these standards
of performance?

    (a) Emergency combustion turbines, as defined in Sec.  60.4420(i), 
are exempt from the nitrogen oxides (NOX) emission limits in 
Sec.  60.4320.
    (b) Stationary combustion turbines engaged by manufacturers in 
research and development of equipment for both combustion turbine 
emission control techniques and combustion turbine efficiency 
improvements are exempt from the NOX emission limits in

[[Page 560]]

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 (SO2?

    (a) If your turbine is located in a continental area, you must 
comply with either paragraph (a)(1), (a)(2), or (a)(3) of this section. 
If your turbine is located in Alaska, you do not have to comply with the 
requirements in paragraph (a) of this section until January 1, 2008.
    (1) You must not cause to be discharged into the atmosphere from the 
subject stationary combustion turbine any gases which contain 
SO2 in excess of 110 nanograms per Joule (ng/J) (0.90 pounds 
per megawatt-hour (lb/MWh)) gross output;
    (2) You must not burn in the subject stationary combustion turbine 
any fuel which contains total potential sulfur emissions in excess of 26 
ng SO2/J (0.060 lb SO2/MMBtu) heat input. If your 
turbine simultaneously fires multiple fuels, each fuel must meet this 
requirement; or
    (3) For each stationary combustion turbine burning at least 50 
percent biogas on a calendar month basis, as determined based on total 
heat input, you must not cause to be discharged into the atmosphere from 
the affected source any gases that contain SO2 in excess of 
65 ng SO2/J (0.15 lb SO2/MMBtu) heat input.
    (b) If your turbine is located in a noncontinental area or a 
continental area that the Administrator determines does not have access 
to natural gas and that the removal of sulfur compounds would cause more 
environmental harm than benefit, you must comply with one or the other 
of the following conditions:
    (1) You must not cause to be discharged into the atmosphere from the 
subject stationary combustion turbine any gases which contain 
SO2 in excess of 780 ng/J (6.2 lb/MWh) gross output, or
    (2) You must not burn in the subject stationary combustion turbine 
any fuel which contains total sulfur with potential sulfur emissions in 
excess of 180 ng SO2/J (0.42 lb SO2/MMBtu) heat 
input. If your turbine simultaneously fires multiple fuels, each fuel 
must meet this requirement.

[71 FR 38497, July 6, 2006, as amended at 74 FR 11861, Mar. 20, 2009]

                     General Compliance Requirements



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

    (a) You must operate and maintain your stationary combustion 
turbine, air pollution control equipment, and monitoring equipment in a 
manner consistent with good air pollution control practices for 
minimizing emissions

[[Page 561]]

at all times including during startup, shutdown, and malfunction.
    (b) When an affected unit with heat recovery utilizes a common steam 
header with one or more combustion turbines, the owner or operator shall 
either:
    (1) Determine compliance with the applicable NOX 
emissions limits by measuring the emissions combined with the emissions 
from the other unit(s) utilizing the common heat recovery unit; or
    (2) Develop, demonstrate, and provide information satisfactory to 
the Administrator on methods for apportioning the combined gross energy 
output from the heat recovery unit for each of the affected combustion 
turbines. The Administrator may approve such demonstrated substitute 
methods for apportioning the combined gross energy output measured at 
the steam turbine whenever the demonstration ensures accurate estimation 
of emissions related under this part.

                               Monitoring



Sec.  60.4335  How do I demonstrate compliance for NOX if I use water
or steam injection?

    (a) If you are using water or steam injection to control 
NOX emissions, you must install, calibrate, maintain and 
operate a continuous monitoring system to monitor and record the fuel 
consumption and the ratio of water or steam to fuel being fired in the 
turbine when burning a fuel that requires water or steam injection for 
compliance.
    (b) Alternatively, you may use continuous emission monitoring, as 
follows:
    (1) Install, certify, maintain, and operate a continuous emission 
monitoring system (CEMS) consisting of a NOX monitor and a 
diluent gas (oxygen (O2) or carbon dioxide (CO2)) 
monitor, to determine the hourly NOX emission rate in parts 
per million (ppm) or pounds per million British thermal units (lb/
MMBtu); and
    (2) For units complying with the output-based standard, install, 
calibrate, maintain, and operate a fuel flow meter (or flow meters) to 
continuously measure the heat input to the affected unit; and
    (3) For units complying with the output-based standard, install, 
calibrate, maintain, and operate a watt meter (or meters) to 
continuously measure the gross electrical output of the unit in 
megawatt-hours; and
    (4) For combined heat and power units complying with the output-
based standard, install, calibrate, maintain, and operate meters for 
useful recovered energy flow rate, temperature, and pressure, to 
continuously measure the total thermal energy output in British thermal 
units per hour (Btu/h).



Sec.  60.4340  How do I demonstrate continuous compliance for NOX if 
I do not use water or steam injection?

    (a) If you are not using water or steam injection to control 
NOX emissions, you must perform annual performance tests in 
accordance with Sec.  60.4400 to demonstrate continuous compliance. If 
the NOX emission result from the performance test is less 
than or equal to 75 percent of the NOX emission limit for the 
turbine, you may reduce the frequency of subsequent performance tests to 
once every 2 years (no more than 26 calendar months following the 
previous performance test). If the results of any subsequent performance 
test exceed 75 percent of the NOX emission limit for the 
turbine, you must resume annual performance tests.
    (b) As an alternative, you may install, calibrate, maintain and 
operate one of the following continuous monitoring systems:
    (1) Continuous emission monitoring as described in Sec. Sec.  
60.4335(b) and 60.4345, or
    (2) Continuous parameter monitoring as follows:
    (i) For a diffusion flame turbine without add-on selective catalytic 
reduction (SCR) controls, you must define parameters indicative of the 
unit's NOX formation characteristics, and you must monitor 
these parameters continuously.
    (ii) For any lean premix stationary combustion turbine, you must 
continuously monitor the appropriate parameters to determine whether the 
unit is operating in low-NOX mode.

[[Page 562]]

    (iii) For any turbine that uses SCR to reduce NOX 
emissions, you must continuously monitor appropriate parameters to 
verify the proper operation of the emission controls.
    (iv) For affected units that are also regulated under part 75 of 
this chapter, with state approval you can monitor the NOX 
emission rate using the methodology in appendix E to part 75 of this 
chapter, or the low mass emissions methodology in Sec.  75.19, the 
requirements of this paragraph (b) may be met by performing the 
parametric monitoring described in section 2.3 of part 75 appendix E or 
in Sec.  75.19(c)(1)(iv)(H).



Sec.  60.4345  What are the requirements for the continuous emission 
monitoring system equipment, if I choose to use this option?

    If the option to use a NOX CEMS is chosen:
    (a) Each NOX diluent CEMS must be installed and certified 
according to Performance Specification 2 (PS 2) in appendix B to this 
part, except the 7-day calibration drift is based on unit operating 
days, not calendar days. With state approval, Procedure 1 in appendix F 
to this part is not required. Alternatively, a NOX diluent 
CEMS that is installed and certified according to appendix A of part 75 
of this chapter is acceptable for use under this subpart. The relative 
accuracy test audit (RATA) of the CEMS shall be performed on a lb/MMBtu 
basis.
    (b) As specified in Sec.  60.13(e)(2), during each full unit 
operating hour, both the NOX monitor and the diluent monitor 
must complete a minimum of one cycle of operation (sampling, analyzing, 
and data recording) for each 15-minute quadrant of the hour, to validate 
the hour. For partial unit operating hours, at least one valid data 
point must be obtained with each monitor for each quadrant of the hour 
in which the unit operates. For unit operating hours in which required 
quality assurance and maintenance activities are performed on the CEMS, 
a minimum of two valid data points (one in each of two quadrants) are 
required for each monitor to validate the NOX emission rate 
for the hour.
    (c) Each fuel flowmeter shall be installed, calibrated, maintained, 
and operated according to the manufacturer's instructions. 
Alternatively, with state approval, fuel flowmeters that meet the 
installation, certification, and quality assurance requirements of 
appendix D to part 75 of this chapter are acceptable for use under this 
subpart.
    (d) Each watt meter, steam flow meter, and each pressure or 
temperature measurement device shall be installed, calibrated, 
maintained, and operated according to manufacturer's instructions.
    (e) The owner or operator shall develop and keep on-site a quality 
assurance (QA) plan for all of the continuous monitoring equipment 
described in paragraphs (a), (c), and (d) of this section. For the CEMS 
and fuel flow meters, the owner or operator may, with state approval, 
satisfy the requirements of this paragraph by implementing the QA 
program and plan described in section 1 of appendix B to part 75 of this 
chapter.



Sec.  60.4350  How do I use data from the continuous emission monitoring 
equipment to identify excess emissions?

    For purposes of identifying excess emissions:
    (a) All CEMS data must be reduced to hourly averages as specified in 
Sec.  60.13(h).
    (b) For each unit operating hour in which a valid hourly average, as 
described in Sec.  60.4345(b), is obtained for both NOX and 
diluent monitors, the data acquisition and handling system must 
calculate and record the hourly NOX emission rate in units of 
ppm or lb/MMBtu, using the appropriate equation from method 19 in 
appendix A of this part. For any hour in which the hourly average 
O2 concentration exceeds 19.0 percent O2 (or the 
hourly average CO2 concentration is less than 1.0 percent 
CO2), a diluent cap value of 19.0 percent O2 or 
1.0 percent CO2 (as applicable) may be used in the emission 
calculations.
    (c) Correction of measured NOX concentrations to 15 
percent O2 is not allowed.
    (d) If you have installed and certified a NOX diluent 
CEMS to meet the requirements of part 75 of this chapter, states can 
approve that only quality

[[Page 563]]

assured data from the CEMS shall be used to identify excess emissions 
under this subpart. Periods where the missing data substitution 
procedures in subpart D of part 75 are applied are to be reported as 
monitor downtime in the excess emissions and monitoring performance 
report required under Sec.  60.7(c).
    (e) All required fuel flow rate, steam flow rate, temperature, 
pressure, and megawatt data must be reduced to hourly averages.
    (f) Calculate the hourly average NOX emission rates, in 
units of the emission standards under Sec.  60.4320, using either ppm 
for units complying with the concentration limit or the following 
equation for units complying with the output based standard:
    (1) For simple-cycle operation:
    [GRAPHIC] [TIFF OMITTED] TR06JY06.000
    
Where:

E = hourly NOX emission rate, in lb/MWh,
(NOX)h = hourly NOX emission rate, in 
          lb/MMBtu,
(HI)h = hourly heat input rate to the unit, in MMBtu/h, 
          measured using the fuel flowmeter(s), e.g., calculated using 
          Equation D-15a in appendix D to part 75 of this chapter, and
P = gross energy output of the combustion turbine in MW.

    (2) For combined-cycle and combined heat and power complying with 
the output-based standard, use Equation 1 of this subpart, except that 
the gross energy output is calculated as the sum of the total electrical 
and mechanical energy generated by the combustion turbine, the 
additional electrical or mechanical energy (if any) generated by the 
steam turbine following the heat recovery steam generator, and 100 
percent of the total useful thermal energy output that is not used to 
generate additional electricity or mechanical output, expressed in 
equivalent MW, as in the following equations:
[GRAPHIC] [TIFF OMITTED] TR06JY06.001

Where:

P = gross energy output of the stationary combustion turbine system in 
          MW.
(Pe)t = electrical or mechanical energy output of the 
          combustion turbine in MW,
(Pe)c = electrical or mechanical energy output (if any) of 
          the steam turbine in MW, and
          [GRAPHIC] [TIFF OMITTED] TR06JY06.002
          
Where:

Ps = useful thermal energy of the steam, measured relative to ISO 
          conditions, not used to generate additional electric or 
          mechanical output, in MW,
Q = measured steam flow rate in lb/h,
H = enthalpy of the steam at measured temperature and pressure relative 
          to ISO conditions, in Btu/lb, and 3.413 x 106 = 
          conversion from Btu/h to MW.

Po = other useful heat recovery, measured relative to ISO conditions, 
          not used for steam generation or performance enhancement of 
          the combustion turbine.

    (3) For mechanical drive applications complying with the output-
based standard, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR06JY06.003

Where:

E = NOX emission rate in lb/MWh,
(NOX)m = NOX emission rate in lb/h,
BL = manufacturer's base load rating of turbine, in MW, and
AL = actual load as a percentage of the base load.

    (g) For simple cycle units without heat recovery, use the calculated 
hourly average emission rates from paragraph (f) of this section to 
assess excess emissions on a 4-hour rolling average basis, as described 
in Sec.  60.4380(b)(1).
    (h) For combined cycle and combined heat and power units with heat 
recovery, use the calculated hourly average emission rates from 
paragraph (f) of this section to assess excess emissions on a 30 unit 
operating day rolling average basis, as described in Sec.  
60.4380(b)(1).



Sec.  60.4355  How do I establish and document a proper parameter 
monitoring plan?

    (a) The steam or water to fuel ratio or other parameters that are 
continuously monitored as described in Sec. Sec.  60.4335 and 60.4340 
must be monitored during the performance test required under Sec.  60.8, 
to establish acceptable values and ranges. You may supplement the 
performance test data with engineering analyses, design specifications,

[[Page 564]]

manufacturer's recommendations and other relevant information to define 
the acceptable parametric ranges more precisely. You must develop and 
keep on-site a parameter monitoring plan which explains the procedures 
used to document proper operation of the NOX emission 
controls. The plan must:
    (1) Include the indicators to be monitored and show there is a 
significant relationship to emissions and proper operation of the 
NOX emission controls,
    (2) Pick ranges (or designated conditions) of the indicators, or 
describe the process by which such range (or designated condition) will 
be established,
    (3) Explain the process you will use to make certain that you obtain 
data that are representative of the emissions or parameters being 
monitored (such as detector location, installation specification if 
applicable),
    (4) Describe quality assurance and control practices that are 
adequate to ensure the continuing validity of the data,
    (5) Describe the frequency of monitoring and the data collection 
procedures which you will use (e.g., you are using a computerized data 
acquisition over a number of discrete data points with the average (or 
maximum value) being used for purposes of determining whether an 
exceedance has occurred), and
    (6) Submit justification for the proposed elements of the 
monitoring. If a proposed performance specification differs from 
manufacturer recommendation, you must explain the reasons for the 
differences. You must submit the data supporting the justification, but 
you may refer to generally available sources of information used to 
support the justification. You may rely on engineering assessments and 
other data, provided you demonstrate factors which assure compliance or 
explain why performance testing is unnecessary to establish indicator 
ranges. When establishing indicator ranges, you may choose to simplify 
the process by treating the parameters as if they were correlated. Using 
this assumption, testing can be divided into two cases:
    (i) All indicators are significant only on one end of range (e.g., 
for a thermal incinerator controlling volatile organic compounds (VOC) 
it is only important to insure a minimum temperature, not a maximum). In 
this case, you may conduct your study so that each parameter is at the 
significant limit of its range while you conduct your emissions testing. 
If the emissions tests show that the source is in compliance at the 
significant limit of each parameter, then as long as each parameter is 
within its limit, you are presumed to be in compliance.
    (ii) Some or all indicators are significant on both ends of the 
range. In this case, you may conduct your study so that each parameter 
that is significant at both ends of its range assumes its extreme values 
in all possible combinations of the extreme values (either single or 
double) of all of the other parameters. For example, if there were only 
two parameters, A and B, and A had a range of values while B had only a 
minimum value, the combinations would be A high with B minimum and A low 
with B minimum. If both A and B had a range, the combinations would be A 
high and B high, A low and B low, A high and B low, A low and B high. 
For the case of four parameters all having a range, there are 16 
possible combinations.
    (b) For affected units that are also subject to part 75 of this 
chapter and that have state approval to use the low mass emissions 
methodology in Sec.  75.19 or the NOX emission measurement 
methodology in appendix E to part 75, you may meet the requirements of 
this paragraph by developing and keeping on-site (or at a central 
location for unmanned facilities) a QA plan, as described in Sec.  
75.19(e)(5) or in section 2.3 of appendix E to part 75 of this chapter 
and section 1.3.6 of appendix B to part 75 of this chapter.



Sec.  60.4360  How do I determine the total sulfur content of the turbine's 
combustion fuel?

    You must monitor the total sulfur content of the fuel being fired in 
the turbine, except as provided in Sec.  60.4365. The sulfur content of 
the fuel must be determined using total sulfur methods described in 
Sec.  60.4415. Alternatively, if the total sulfur content of the gaseous

[[Page 565]]

fuel during the most recent performance test was less than half the 
applicable limit, ASTM D4084, D4810, D5504, or D6228, or Gas Processors 
Association Standard 2377 (all of which are incorporated by reference, 
see Sec.  60.17), which measure the major sulfur compounds, may be used.



Sec.  60.4365  How can I be exempted from monitoring the total sulfur 
content of the fuel?

    You may elect not to monitor the total sulfur content of the fuel 
combusted in the turbine, if the fuel is demonstrated not to exceed 
potential sulfur emissions of 26 ng SO2/J (0.060 lb 
SO2/MMBtu) heat input for units located in continental areas 
and 180 ng SO2/J (0.42 lb SO2/MMBtu) heat input 
for units located in noncontinental areas or a continental area that the 
Administrator determines does not have access to natural gas and that 
the removal of sulfur compounds would cause more environmental harm than 
benefit. You must use one of the following sources of information to 
make the required demonstration:
    (a) The fuel quality characteristics in a current, valid purchase 
contract, tariff sheet or transportation contract for the fuel, 
specifying that the maximum total sulfur content for oil use in 
continental areas is 0.05 weight percent (500 ppmw) or less and 0.4 
weight percent (4,000 ppmw) or less for noncontinental areas, the total 
sulfur content for natural gas use in continental areas is 20 grains of 
sulfur or less per 100 standard cubic feet and 140 grains of sulfur or 
less per 100 standard cubic feet for noncontinental areas, has potential 
sulfur emissions of less than less than 26 ng SO2/J (0.060 lb 
SO2/MMBtu) heat input for continental areas and has potential 
sulfur emissions of less than less than 180 ng SO2/J (0.42 lb 
SO2/MMBtu) heat input for noncontinental areas; or
    (b) Representative fuel sampling data which show that the sulfur 
content of the fuel does not exceed 26 ng SO2/J (0.060 lb 
SO2/MMBtu) heat input for continental areas or 180 ng 
SO2/J (0.42 lb SO2/MMBtu) heat input for 
noncontinental areas. At a minimum, the amount of fuel sampling data 
specified in section 2.3.1.4 or 2.3.2.4 of appendix D to part 75 of this 
chapter is required.



Sec.  60.4370  How often must I determine the sulfur content of the fuel?

    The frequency of determining the sulfur content of the fuel must be 
as follows:
    (a) Fuel oil. For fuel oil, use one of the total sulfur sampling 
options and the associated sampling frequency described in sections 
2.2.3, 2.2.4.1, 2.2.4.2, and 2.2.4.3 of appendix D to part 75 of this 
chapter (i.e., flow proportional sampling, daily sampling, sampling from 
the unit's storage tank after each addition of fuel to the tank, or 
sampling each delivery prior to combining it with fuel oil already in 
the intended storage tank).
    (b) Gaseous fuel. If you elect not to demonstrate sulfur content 
using options in Sec.  60.4365, and the fuel is supplied without 
intermediate bulk storage, the sulfur content value of the gaseous fuel 
must be determined and recorded once per unit operating day.
    (c) Custom schedules. Notwithstanding the requirements of paragraph 
(b) of this section, operators or fuel vendors may develop custom 
schedules for determination of the total sulfur content of gaseous 
fuels, based on the design and operation of the affected facility and 
the characteristics of the fuel supply. Except as provided in paragraphs 
(c)(1) and (c)(2) of this section, custom schedules shall be 
substantiated with data and shall be approved by the Administrator 
before they can be used to comply with the standard in Sec.  60.4330.
    (1) The two custom sulfur monitoring schedules set forth in 
paragraphs (c)(1)(i) through (iv) and in paragraph (c)(2) of this 
section are acceptable, without prior Administrative approval:
    (i) The owner or operator shall obtain daily total sulfur content 
measurements for 30 consecutive unit operating days, using the 
applicable methods specified in this subpart. Based on the results of 
the 30 daily samples, the required frequency for subsequent monitoring 
of the fuel's total sulfur content shall be as specified in paragraph 
(c)(1)(ii), (iii), or (iv) of this section, as applicable.
    (ii) If none of the 30 daily measurements of the fuel's total sulfur 
content exceeds half the applicable standard, subsequent sulfur content 
monitoring

[[Page 566]]

may be performed at 12-month intervals. If any of the samples taken at 
12-month intervals has a total sulfur content greater than half but less 
than the applicable limit, follow the procedures in paragraph 
(c)(1)(iii) of this section. If any measurement exceeds the applicable 
limit, follow the procedures in paragraph (c)(1)(iv) of this section.
    (iii) If at least one of the 30 daily measurements of the fuel's 
total sulfur content is greater than half but less than the applicable 
limit, but none exceeds the applicable limit, then:
    (A) Collect and analyze a sample every 30 days for 3 months. If any 
sulfur content measurement exceeds the applicable limit, follow the 
procedures in paragraph (c)(1)(iv) of this section. Otherwise, follow 
the procedures in paragraph (c)(1)(iii)(B) of this section.
    (B) Begin monitoring at 6-month intervals for 12 months. If any 
sulfur content measurement exceeds the applicable limit, follow the 
procedures in paragraph (c)(1)(iv) of this section. Otherwise, follow 
the procedures in paragraph (c)(1)(iii)(C) of this section.
    (C) Begin monitoring at 12-month intervals. If any sulfur content 
measurement exceeds the applicable limit, follow the procedures in 
paragraph (c)(1)(iv) of this section. Otherwise, continue to monitor at 
this frequency.
    (iv) If a sulfur content measurement exceeds the applicable limit, 
immediately begin daily monitoring according to paragraph (c)(1)(i) of 
this section. Daily monitoring shall continue until 30 consecutive daily 
samples, each having a sulfur content no greater than the applicable 
limit, are obtained. At that point, the applicable procedures of 
paragraph (c)(1)(ii) or (iii) of this section shall be followed.
    (2) The owner or operator may use the data collected from the 720-
hour sulfur sampling demonstration described in section 2.3.6 of 
appendix D to part 75 of this chapter to determine a custom sulfur 
sampling schedule, as follows:
    (i) If the maximum fuel sulfur content obtained from the 720 hourly 
samples does not exceed 20 grains/100 scf, no additional monitoring of 
the sulfur content of the gas is required, for the purposes of this 
subpart.
    (ii) If the maximum fuel sulfur content obtained from any of the 720 
hourly samples exceeds 20 grains/100 scf, but none of the sulfur content 
values (when converted to weight percent sulfur) exceeds half the 
applicable limit, then the minimum required sampling frequency shall be 
one sample at 12 month intervals.
    (iii) If any sample result exceeds half the applicable limit, but 
none exceeds the applicable limit, follow the provisions of paragraph 
(c)(1)(iii) of this section.
    (iv) If the sulfur content of any of the 720 hourly samples exceeds 
the applicable limit, follow the provisions of paragraph (c)(1)(iv) of 
this section.

                                Reporting



Sec.  60.4375  What reports must I submit?

    (a) For each affected unit required to continuously monitor 
parameters or emissions, or to periodically determine the fuel sulfur 
content under this subpart, you must submit reports of excess emissions 
and monitor downtime, in accordance with Sec.  60.7(c). Excess emissions 
must be reported for all periods of unit operation, including start-up, 
shutdown, and malfunction.
    (b) For each affected unit that performs annual performance tests in 
accordance with Sec.  60.4340(a), you must submit a written report of 
the results of each performance test before the close of business on the 
60th day following the completion of the performance test.



Sec.  60.4380  How are excess emissions and monitor downtime defined 
for NOX?

    For the purpose of reports required under Sec.  60.7(c), periods of 
excess emissions and monitor downtime that must be reported are defined 
as follows:
    (a) For turbines using water or steam to fuel ratio monitoring:
    (1) An excess emission is any unit operating hour for which the 4-
hour rolling average steam or water to fuel ratio, as measured by the 
continuous monitoring system, falls below the acceptable steam or water 
to fuel ratio needed to demonstrate compliance with Sec.  60.4320, as 
established during the performance test required in Sec.  60.8. Any

[[Page 567]]

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 SO2?

    If you choose the option to monitor the sulfur content of the fuel, 
excess emissions and monitoring downtime are defined as follows:
    (a) For samples of gaseous fuel and for oil samples obtained using 
daily sampling, flow proportional sampling, or sampling from the unit's 
storage tank, an excess emission occurs each unit operating hour 
included in the period beginning on the date and hour of any sample for 
which the sulfur content of the fuel being fired in the combustion 
turbine exceeds the applicable limit and ending on the date and hour 
that a subsequent sample is taken that demonstrates compliance with the 
sulfur limit.
    (b) If the option to sample each delivery of fuel oil has been 
selected, you must immediately switch to one of the other oil sampling 
options (i.e., daily sampling, flow proportional sampling, or sampling 
from the unit's storage tank) if the sulfur content of a delivery 
exceeds 0.05 weight percent. You must

[[Page 568]]

continue to use one of the other sampling options until all of the oil 
from the delivery has been combusted, and you must evaluate excess 
emissions according to paragraph (a) of this section. When all of the 
fuel from the delivery has been burned, you may resume using the as-
delivered sampling option.
    (c) A period of monitor downtime begins when a required sample is 
not taken by its due date. A period of monitor downtime also begins on 
the date and hour of a required sample, if invalid results are obtained. 
The period of monitor downtime ends on the date and hour of the next 
valid sample.



Sec.  60.4390  What are my reporting requirements if I operate an emergency
combustion turbine or a research and development turbine?

    (a) If you operate an emergency combustion turbine, you are exempt 
from the NOX limit and must submit an initial report to the 
Administrator stating your case.
    (b) Combustion turbines engaged by manufacturers in research and 
development of equipment for both combustion turbine emission control 
techniques and combustion turbine efficiency improvements may be 
exempted from the NOX limit on a case-by-case basis as 
determined by the Administrator. You must petition for the exemption.



Sec.  60.4395  When must I submit my reports?

    All reports required under Sec.  60.7(c) must be postmarked by the 
30th day following the end of each 6-month period.

                            Performance Tests



Sec.  60.4400  How do I conduct the initial and subsequent performance 
tests, regarding NOX?

    (a) You must conduct an initial performance test, as required in 
Sec.  60.8. Subsequent NOX performance tests shall be 
conducted on an annual basis (no more than 14 calendar months following 
the previous performance test).
    (1) There are two general methodologies that you may use to conduct 
the performance tests. For each test run:
    (i) Measure the NOX concentration (in parts per million 
(ppm)), using EPA Method 7E or EPA Method 20 in appendix A of this part. 
For units complying with the output based standard, concurrently measure 
the stack gas flow rate, using EPA Methods 1 and 2 in appendix A of this 
part, and measure and record the electrical and thermal output from the 
unit. Then, use the following equation to calculate the NOX 
emission rate:
[GRAPHIC] [TIFF OMITTED] TR06JY06.004

Where:

E = NOX emission rate, in lb/MWh
1.194 x 10-7 = conversion constant, in lb/dscf-ppm
(NOX)c = average NOX concentration for 
          the run, in ppm
Qstd = stack gas volumetric flow rate, in dscf/hr
P = gross electrical and mechanical energy output of the combustion 
          turbine, in MW (for simple-cycle operation), for combined-
          cycle operation, the sum of all electrical and mechanical 
          output from the combustion and steam turbines, or, for 
          combined heat and power operation, the sum of all electrical 
          and mechanical output from the combustion and steam turbines 
          plus all useful recovered thermal output not used for 
          additional electric or mechanical generation, in MW, 
          calculated according to Sec.  60.4350(f)(2); or

    (ii) Measure the NOX and diluent gas concentrations, 
using either EPA Methods 7E and 3A, or EPA Method 20 in appendix A of 
this part. Concurrently measure the heat input to the unit, using a fuel 
flowmeter (or flowmeters), and measure the electrical and thermal output 
of the unit. Use EPA Method 19 in appendix A of this part to calculate 
the NOX emission rate in lb/MMBtu. Then, use Equations 1

[[Page 569]]

and, if necessary, 2 and 3 in Sec.  60.4350(f) to calculate the 
NOX emission rate in lb/MWh.
    (2) Sampling traverse points for NOX and (if applicable) 
diluent gas are to be selected following EPA Method 20 or EPA Method 1 
(non-particulate procedures), and sampled for equal time intervals. The 
sampling must be performed with a traversing single-hole probe, or, if 
feasible, with a stationary multi-hole probe that samples each of the 
points sequentially. Alternatively, a multi-hole probe designed and 
documented to sample equal volumes from each hole may be used to sample 
simultaneously at the required points.
    (3) Notwithstanding paragraph (a)(2) of this section, you may test 
at fewer points than are specified in EPA Method 1 or EPA Method 20 in 
appendix A of this part if the following conditions are met:
    (i) You may perform a stratification test for NOX and 
diluent pursuant to
    (A) [Reserved], or
    (B) The procedures specified in section 6.5.6.1(a) through (e) of 
appendix A of part 75 of this chapter.
    (ii) Once the stratification sampling is completed, you may use the 
following alternative sample point selection criteria for the 
performance test:
    (A) If each of the individual traverse point NOX 
concentrations is within 10 percent of the mean 
concentration for all traverse points, or the individual traverse point 
diluent concentrations differs by no more than 5ppm or 0.5 percent CO2 
(or O2) from the mean for all traverse points, then you may 
use three points (located either 16.7, 50.0 and 83.3 percent of the way 
across the stack or duct, or, for circular stacks or ducts greater than 
2.4 meters (7.8 feet) in diameter, at 0.4, 1.2, and 2.0 meters from the 
wall). The three points must be located along the measurement line that 
exhibited the highest average NOX concentration during the 
stratification test; or
    (B) For turbines with a NOX standard greater than 15 ppm 
@ 15% O2, you may sample at a single point, located at least 
1 meter from the stack wall or at the stack centroid if each of the 
individual traverse point NOX concentrations is within 5 percent of the mean concentration for all traverse 
points, or the individual traverse point diluent concentrations differs 
by no more than 3ppm or 0.3 
percent CO2 (or O2) from the mean for all traverse 
points; or
    (C) For turbines with a NOX standard less than or equal 
to 15 ppm @ 15% O2, you may sample at a single point, located 
at least 1 meter from the stack wall or at the stack centroid if each of 
the individual traverse point NOX concentrations is within 
2.5 percent of the mean concentration for all 
traverse points, or the individual traverse point diluent concentrations 
differs by no more than 1ppm or 0.15 percent CO2 (or O2) from the 
mean for all traverse points.
    (b) The performance test must be done at any load condition within 
plus or minus 25 percent of 100 percent of peak load. You may perform 
testing at the highest achievable load point, if at least 75 percent of 
peak load cannot be achieved in practice. You must conduct three 
separate test runs for each performance test. The minimum time per run 
is 20 minutes.
    (1) If the stationary combustion turbine combusts both oil and gas 
as primary or backup fuels, separate performance testing is required for 
each fuel.
    (2) For a combined cycle and CHP turbine systems with supplemental 
heat (duct burner), you must measure the total NOX emissions 
after the duct burner rather than directly after the turbine. The duct 
burner must be in operation during the performance test.
    (3) If water or steam injection is used to control NOX 
with no additional post-combustion NOX control and you choose 
to monitor the steam or water to fuel ratio in accordance with Sec.  
60.4335, then that monitoring system must be operated concurrently with 
each EPA Method 20 or EPA Method 7E run and must be used to determine 
the fuel consumption and the steam or water to fuel ratio necessary to 
comply with the applicable Sec.  60.4320 NOX emission limit.
    (4) Compliance with the applicable emission limit in Sec.  60.4320 
must be demonstrated at each tested load level. Compliance is achieved 
if the three-run arithmetic average NOX emission rate at each 
tested level meets the applicable emission limit in Sec.  60.4320.

[[Page 570]]

    (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 four methodologies that you 
may use to conduct the performance tests.
    (1) The use of a current, valid purchase contract, tariff sheet, or 
transportation contract for the fuel specifying the maximum total sulfur 
content of all fuels combusted in the affected facility. Alternately, 
the fuel sampling data specified in section 2.3.1.4 or 2.3.2.4 of 
appendix D to part 75 of this chapter may be used.
    (2) Periodically determine the sulfur content of the fuel combusted 
in the turbine, a representative fuel sample may be collected either by 
an automatic sampling system or manually. For automatic sampling, follow 
ASTM D5287 (incorporated by reference, see Sec.  60.17) for gaseous 
fuels or ASTM D4177 (incorporated by reference, see Sec.  60.17) for 
liquid fuels. For manual sampling of gaseous fuels, follow API Manual of 
Petroleum Measurement Standards, Chapter 14, Section 1, GPA 2166, or ISO 
10715 (all incorporated by reference, see Sec.  60.17). For manual 
sampling of liquid fuels, follow GPA 2174 or the procedures for manual 
pipeline sampling in section 14 of ASTM D4057 (both 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, D5453, D5623, or D7039 (all incorporated by reference, see 
Sec.  60.17); or
    (ii) For gaseous fuels, ASTM D1072, or alternatively D3246, D4084, 
D4468, D4810, D6228, D6667, or GPA 2140, 2261, or 2377 (all incorporated 
by reference, see Sec.  60.17).
    (3) 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 571]]

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

    (4) 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]

[71 FR 38497, July 6, 2006, as amended at 85 FR 63410, Oct. 7, 2020]

                               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 572]]

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 573]]

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      25 ppm at 15
                                   MMBtu/h and <=      percent O2 or 150
                                   850 MMBtu/h.        ng/J of useful
                                                       output (1.2 lb/
                                                       MWh).
New, modified, or reconstructed    850     15 ppm at 15
 turbine firing natural gas.       MMBtu/h.            percent O2 or 54
                                                       ng/J of useful
                                                       output (0.43 lb/
                                                       MWh)
New turbine firing fuels other    <= 50 MMBtu/h.....  96 ppm at 15
 than natural gas, electric                            percent O2 or 700
 generating.                                           ng/J of useful
                                                       output (5.5 lb/
                                                       MWh).
New turbine firing fuels other    <= 50 MMBtu/h.....  150 ppm at 15
 than natural gas, mechanical                          percent O2 or
 drive.                                                1,100 ng/J of
                                                       useful output
                                                       (8.7 lb/MWh).

[[Page 574]]

 
New turbine firing fuels other     50      74 ppm at 15
 than natural gas.                 MMBtu/h and <=      percent O2 or 460
                                   850 MMBtu/h.        ng/J of useful
                                                       output (3.6 lb/
                                                       MWh).
New, modified, or reconstructed    850     42 ppm at 15
 turbine firing fuels other than   MMBtu/h.            percent O2 or 160
 natural gas.                                          ng/J of useful
                                                       output (1.3 lb/
                                                       MWh).
Modified or reconstructed         <= 50 MMBtu/h.....  150 ppm at 15
 turbine.                                              percent O2 or
                                                       1,100 ng/J of
                                                       useful output
                                                       (8.7 lb/MWh).
Modified or reconstructed          50      42 ppm at 15
 turbine firing natural gas.       MMBtu/h and <=      percent O2 or 250
                                   850 MMBtu/h.        ng/J of useful
                                                       output (2.0 lb/
                                                       MWh).
Modified or reconstructed          50      96 ppm at 15
 turbine firing fuels other than   MMBtu/h and <=      percent O2 or 590
 natural gas.                      850 MMBtu/h.        ng/J of useful
                                                       output (4.7 lb/
                                                       MWh).
Turbines located north of the     <= 30 MW output...  150 ppm at 15
 Arctic Circle (latitude 66.5                          percent O2 or
 degrees north), turbines                              1,100 ng/J of
 operating at less than 75                             useful output
 percent of peak load, modified                        (8.7 lb/MWh).
 and reconstructed offshore
 turbines, and turbine operating
 at temperatures less than 0
 [deg]F.
Turbines located north of the      30 MW   96 ppm at 15
 Arctic Circle (latitude 66.5      output.             percent O2 or 590
 degrees north), turbines                              ng/J of useful
 operating at less than 75                             output (4.7 lb/
 percent of peak load, modified                        MWh).
 and reconstructed offshore
 turbines, and turbine operating
 at temperatures less than 0
 [deg]F.
Heat recovery units operating     All sizes.........  54 ppm at 15
 independent of the combustion                         percent O2 or 110
 turbine.                                              ng/J of useful
                                                       output (0.86 lb/
                                                       MWh).
------------------------------------------------------------------------



Subpart LLLL_Standards of Performance for New Sewage Sludge Incineration 
                                  Units

    Source: 76 FR 15404, Mar. 21, 2011, unless otherwise noted.

                              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 575]]

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 576]]

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 577]]



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 578]]

    (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 579]]

    (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 580]]

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 581]]

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 582]]

    (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 583]]

    (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 584]]

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 585]]

    (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 586]]

(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 587]]

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 588]]

    (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 589]]

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 590]]

    (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 591]]

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 592]]

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 593]]

    (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 594]]

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 595]]

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 596]]

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 597]]

    (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 598]]

    (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 599]]

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 600]]

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 601]]

    (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 602]]

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 603]]

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 604]]

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 605]]

    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 606]]

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 607]]

 
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 608]]



 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 609]]

 
\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 610]]

 
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 611]]

 
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 612]]

 
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 613]]

 
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 614]]

    (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 615]]



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 616]]

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 617]]



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 618]]

    (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 619]]

    (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 620]]

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 621]]

    (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 622]]

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 623]]

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 624]]

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 625]]

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 626]]



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 627]]

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 628]]

    (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 629]]

    (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 630]]

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 631]]

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 632]]

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 633]]

    (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 634]]

    (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 635]]

    (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 636]]

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 637]]

    (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 638]]

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 639]]

    (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 640]]

    (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 641]]

    (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 642]]

    (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 643]]

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 644]]

    (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 645]]

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 646]]

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 647]]

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 648]]

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 649]]

 
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 650]]

 
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 651]]

 
                                                   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 652]]

 
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 653]]

 
                                                                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 NNNN [Reserved]



  Subpart OOOO_Standards of Performance for Crude Oil and Natural Gas 
   Facilities for Which Construction, Modification, or Reconstruction 
  Commenced After August 23, 2011, and on or Before September 18, 2015

    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 in the crude oil and 
natural gas production source category that commence construction, 
modification, or reconstruction after August 23, 2011, and on or before 
September 18, 2015.

[85 FR 57069, Sept. 14, 2020]



Sec.  60.5365  Am I subject to this subpart?

    You are subject to the applicable provisions of this subpart if you 
are the

[[Page 654]]

owner or operator of one or more of the onshore affected facilities 
listed in paragraphs (a) through (g) of this section that is located 
within the Crude Oil and Natural Gas Production source category, as 
defined in Sec.  60.5430 for which you commence construction, 
modification, or reconstruction after August 23, 2011, and on or before 
September 18, 2015.
    (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. 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. 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 and natural gas production segment, 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 standard cubic feet per hour.
    (2) [Reserved]
    (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, and has the potential for VOC emissions equal to or greater than 
6 tons per year (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) The following requirements apply immediately upon startup, 
startup of production, or return to service. A storage vessel affected 
facility that is reconnected to the original source of liquids is a 
storage vessel affected facility subject to the same requirements that 
applied before being removed from service. Any storage vessel that is 
used

[[Page 655]]

to replace any storage vessel affected facility is subject to the same 
requirements that apply to the storage vessel affected facility being 
replaced.
    (5) A storage vessel with a capacity greater than 100,000 gallons 
used to recycle water that has been passed through two stage separation 
is not a storage vessel affected facility.
    (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, 
and on or before September 18, 2015 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; 80 FR 48268, Aug. 12, 2015; 81 FR 35896, 
June 3, 2016; 85 FR 57069, Sept. 14, 2020]



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) At all times, including periods of startup, shutdown, and 
malfunction, owners and operators shall 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

[[Page 656]]

results, opacity observations, review of operating and maintenance 
procedures, and inspection of the source.
    (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 to comply with 
the provisions of this subpart.
    (d) You are deemed to be in compliance with this subpart if you are 
in compliance with all applicable provisions of subpart OOOOa of this 
part.

[77 FR 49542, Aug. 16, 2012, as amended at 81 FR 35896, June 3, 2016]



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.

[[Page 657]]

    (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 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

[[Page 658]]

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 
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

[[Page 659]]

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.
    (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

[[Page 660]]

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 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.

[[Page 661]]

    (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 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,

[[Page 662]]

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.
    (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

[[Page 663]]

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.
    (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 (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 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.

[[Page 664]]

    (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 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)

[[Page 665]]

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 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

[[Page 666]]

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:
[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

[[Page 667]]

(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)
    (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 668]]

[GRAPHIC] [TIFF OMITTED] TR16AU12.004


[[Page 669]]





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) [Reserved]
    (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.
    (1) If complying with Sec.  60.5385(a)(1) or (2), during the initial 
compliance period, you must continuously monitor

[[Page 670]]

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 671]]

    (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; 81 FR 35896, June 3, 2016]



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 either 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. You must maintain records of each time the 
alarm is activated according to Sec.  60.5420(c)(8).
    (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;

[[Page 672]]

    (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 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 and 
that either 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. You must maintain records of each time the 
alarm is activated according to Sec.  60.5420(c)(8).
    (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; 81 FR 35896, June 3, 2016]



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 275 parts 
per million by

[[Page 673]]

volume as propane on a wet 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.
    (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.

[[Page 674]]

    (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) 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. Each flare must be designed and operated in 
accordance with the requirements of Sec.  60.5413(a)(1). You must follow 
the requirements in paragraphs (d)(1)(i) through (iv) 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.
    (iv) Each enclosed combustion control 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 (d)(1)(iv)(A) through (D) of this 
section.
    (A) 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.
    (B) 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 275 parts per 
million by volume as propane on a wet basis corrected to 3 percent 
oxygen as determined in accordance with the requirements of Sec.  
60.5413.
    (C) You must operate at a minimum temperature of 760 [deg]Celsius, 
provided the control device has demonstrated, during the performance 
test conducted under Sec.  60.5413, that combustion zone temperature is 
an indicator of destruction efficiency.
    (D) 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. 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; 81 FR 35897, June 3, 2016]

[[Page 675]]



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 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

[[Page 676]]

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) (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.

[[Page 677]]

    (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.
    (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

[[Page 678]]

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 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

[[Page 679]]

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 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

[[Page 680]]

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 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,'' (incorporated by 
reference as specified in Sec.  60.17).
    (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:

[[Page 681]]

[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 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,

[[Page 682]]

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 1 minute during any 15-minute period. A 
visible emissions test conducted according to 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.
    (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 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; 81 FR 35897, June 3, 2016]



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.

[[Page 683]]

    (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.
    (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 1 minute during any 15-minute period. A 
visible emissions test conducted according to section 11 of 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.
    (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).

[[Page 684]]

    (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 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.  60.5416(a) and (b).
    (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

[[Page 685]]

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; 81 FR 35897, June 3, 2016]



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).

[[Page 686]]

    (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 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

[[Page 687]]

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.
    (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.

[[Page 688]]

    (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.
    (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) You must properly install, calibrate and maintain 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. Set the flow 
indicator to trigger an audible alarm, or initiate 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. You must maintain records 
of each time the alarm is activated 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

[[Page 689]]

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; 81 FR 35897, June 3, 2016]



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

[[Page 690]]

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 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

[[Page 691]]

    (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. 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

[[Page 692]]

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 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

[[Page 693]]

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.
    (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

[[Page 694]]

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.
    (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

[[Page 695]]

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 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

[[Page 696]]

(c)(1) through (14) 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 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.

[[Page 697]]

    (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 the site. If a storage vessel is removed from the 
site and, within 30 days, is either returned to or replaced by another 
storage vessel at the site to serve the same or similar 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) and (2) for centrifugal or reciprocating 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

[[Page 698]]

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.
    (14) A log of records as specified in Sec. Sec.  60.5412(d)(1)(iii) 
and 60.5413(e)(4) for all inspection, repair and maintenance activities 
for each control device failing the visible emissions test.

[77 FR 49542, Aug. 16, 2012, as amended at 78 FR 58445, Sept. 23, 2013; 
79 FR 79039, Dec. 31, 2014; 81 FR 35897, June 3, 2016; 85 FR 57069, 
Sept. 14, 2020]



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.
    (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).

[[Page 699]]



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. Sec.  60.5405(a) and (b) and 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.
    (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.
    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:
    (1) 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
    (i) 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);

    (ii) The percent Y is determined from the following equation: Y = 
1.0 - 0.575

[[Page 700]]

log X, where X is 2011 minus the year of construction; and
    (iii) The applicable basic annual asset guideline repair allowance, 
B, is 4.5.
    (2) [Reserved]
    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.
    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.
    Crude Oil and Natural Gas Production source category means:
    (1) Crude oil production, which includes the well and extends to the 
point of custody transfer to the crude oil transmission pipeline or any 
other forms of transportation; and
    (2) Natural gas production and processing, which includes the well 
and extends to, but does not include, the point of custody transfer to 
the natural gas transmission and storage segment.

[[Page 701]]

    Custody transfer means the transfer of crude oil or 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 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, and on or before September 18, 2015.
    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,

[[Page 702]]

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.
    Local distribution company (LDC) custody transfer station means a 
metering station where the LDC receives a natural gas supply from an 
upstream supplier, which may be an interstate transmission pipeline or a 
local natural gas producer, for delivery to customers through the LDC's 
intrastate transmission or distribution lines.
    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 true 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).
    Natural gas transmission and storage segment means the transport or 
storage of natural gas prior to delivery to a ``local distribution 
company custody transfer station'' (as defined in this section) or to a 
final end user (if there is no local distribution company custody 
transfer station). For the purposes of this subpart, natural gas enters 
the natural gas transmission and storage segment after the natural gas 
processing plant, when present. If no natural gas processing plant is 
present, natural gas enters the natural gas transmission and storage 
segment after the point of ``custody transfer'' (as defined in this 
section). A compressor station that transports natural gas prior to the 
point of ``custody transfer'' or to a natural gas processing plant (if 
present) is not considered a part of the natural gas transmission and 
storage segment.
    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

[[Page 703]]

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 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.

[[Page 704]]

    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 or has been used 
to replace any storage vessel affected facility; or
    (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. 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. 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

[[Page 705]]

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.
    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; 80 FR 48268, Aug. 12, 2015; 81 FR 35898, 
June 3, 2016; 85 FR 57069, Sept. 14, 2020]



   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 <=                                15.0 < X <=    X 
                                             5.0            5.0 < X <= 15.0            300.0           300.0
----------------------------------------------------------------------------------------------------------------
Y = 50....................            79.0    88.51X\0.0101\Y\0.0125\ or 99.9, whichever is smaller.
                                                      ----------------------------------------------------------
20 <= Y < 50.........................            79.0       88.51X\0.0101\Y\0.0125\ or 97.9,                97.9
                                                                  whichever is smaller
                                                      -------------------------------------------
10 <= Y < 20.........................            79.0  88.51X\0.0101\Y\0.0125\              93.5            93.5
                                                        or 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 <=                                15.0 < X <=    X 
                                             5.0            5.0 < X <= 15.0            300.0           300.0
----------------------------------------------------------------------------------------------------------------
Y = 50....................            74.0    85.35X\0.0144\Y\0.0128\ or 99.9, whichever is smaller.
                                                      ----------------------------------------------------------
20 <= Y < 50.........................            74.0       85.35X\0.0144\Y\0.0128\ or 97.5,                97.5
                                                                  whichever is smaller
                                                      -------------------------------------------
10 <= Y < 20.........................            74.0  85.35X\0.0144\Y\0.0128\              90.8            90.8
                                                        or 90.8, whichever is
                                                        smaller.

[[Page 706]]

 
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.


[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.                           Except that Sec.
                                                                                         60.15(d) does not apply
                                                                                         to gas wells, pneumatic
                                                                                         controllers,
                                                                                         centrifugal
                                                                                         compressors,
                                                                                         reciprocating
                                                                                         compressors or storage
                                                                                         vessels.
Sec.   60.16.................  Priority list...........  Yes.
Sec.   60.17.................  Incorporations by         Yes.
                                reference.
Sec.   60.18.................  General control device    Yes..........................  Except that the period
                                requirements.                                            of visible emissions
                                                                                         shall not exceed a
                                                                                         total of 1 minute
                                                                                         during any 15-minute
                                                                                         period instead of 5
                                                                                         minutes during any 2
                                                                                         consecutive hours as
                                                                                         required in Sec.
                                                                                         60.18(c).
Sec.   60.19.................  General notification and  Yes.                           ........................
                                reporting requirement.
----------------------------------------------------------------------------------------------------------------


[77 FR 49542, Aug. 16, 2012, as amended at 81 FR 35898, June 3, 2016]

[[Page 707]]



  Subpart OOOOa_Standards of Performance for Crude Oil and Natural Gas 
   Facilities for which Construction, Modification or Reconstruction 
                   Commenced After September 18, 2015

    Source: 81 FR 35898, June 3, 2016, unless otherwise noted.



Sec.  60.5360a  What is the purpose of this subpart?

    (a) This subpart establishes emission standards and compliance 
schedules for the control of volatile organic compounds (VOC) and sulfur 
dioxide (SO2) emissions from affected facilities in the crude 
oil and natural gas production source category that commence 
construction, modification, or reconstruction after September 18, 2015.
    (b) [Reserved]

[85 FR 57070, Sept. 14, 2020, as amended at 85 FR 57438, Sept. 15, 2020]



Sec.  60.5365a  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 (j) of this section, that is 
located within the Crude Oil and Natural Gas Production source category, 
as defined in Sec.  60.5430a, for which you commence construction, 
modification, or reconstruction after September 18, 2015.
    (a) Each well affected facility, which is a single well that 
conducts a well completion operation following hydraulic fracturing or 
refracturing. The provisions of this paragraph do not affect the 
affected facility status of well sites for the purposes of Sec.  
60.5397a. The provisions of paragraphs (a)(1) through (4) of this 
section apply to wells that are hydraulically refractured:
    (1) A well that conducts a well completion operation following 
hydraulic refracturing is not an affected facility, provided that the 
requirements of Sec.  60.5375a(a)(1) through (4) are met. However, 
hydraulic refracturing of a well constitutes a modification of the well 
site for purposes of paragraph (i)(3)(iii) of this section, regardless 
of affected facility status of the well itself.
    (2) A well completion operation following hydraulic refracturing not 
conducted pursuant to Sec.  60.5375a(a)(1) through (4) is a modification 
to the well.
    (3) Except as provided in Sec.  60.5365a(i)(3)(iii), refracturing of 
a well, by itself, does not affect the modification status of other 
equipment, process units, storage vessels, compressors, pneumatic pumps, 
or pneumatic controllers.
    (4) A well initially constructed after September 18, 2015, that 
conducts a well completion operation following hydraulic refracturing is 
considered an affected facility regardless of this provision.
    (b) Each centrifugal compressor affected facility, which is a single 
centrifugal compressor using wet seals. 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. 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) Each pneumatic controller affected facility:
    (1) Each pneumatic controller affected facility not located at a 
natural gas processing plant, which is a single continuous bleed natural 
gas-driven pneumatic controller operating at a natural gas bleed rate 
greater than 6 scfh.
    (2) Each pneumatic controller affected facility located at a natural 
gas processing plant, which is a single continuous bleed natural gas-
driven pneumatic controller.
    (e) Each storage vessel affected facility, which is a single storage 
vessel as specified in paragraph (e)(1), (2), or (3) of this section.
    (1) A single storage vessel that commenced construction, 
reconstruction, or modification after September 18, 2015, and on or 
before November 16, 2020, is a storage vessel affected facility if its 
potential for VOC emissions is

[[Page 708]]

equal to or greater than 6 tons per year (tpy) as determined according 
to this paragraph (e)(1). The potential for VOC emissions must be 
calculated using a generally accepted model or calculation methodology, 
based on the maximum average daily throughput (as defined in Sec.  
60.5430a) determined for a 30-day period prior to the applicable 
emission determination deadline specified in paragraphs (e)(2)(i) and 
(ii) of this section, except as provided in paragraph (e)(5)(iv). The 
determination may take into account requirements under a legally and 
practicably enforceable limit in an operating permit or other 
requirement established under a Federal, state, local, or tribal 
authority.
    (2) Except as specified in paragraph (e)(3) of this section, a 
single storage vessel that commenced construction, reconstruction or 
modification after November 16, 2020, is a storage vessel affected 
facility if the potential for VOC emissions is equal to or greater than 
6 tpy as determined according to paragraph (e)(2)(i) or (ii) of this 
section, except as provided in paragraph (e)(5)(iv) of this section. The 
determination may take into account requirements under a legally and 
practicably enforceable limit in an operating permit or other 
requirement established under a Federal, state, local, or tribal 
authority. The potential for VOC emissions is calculated on an 
individual storage vessel basis and is not averaged across the number of 
storage vessels at the site.
    (i) For each storage vessel receiving liquids pursuant to the 
standards for well affected facilities in Sec.  60.5375a, including 
wells subject to Sec.  60.5375a(f), you must determine the potential for 
VOC emissions within 30 days after startup of production of the well, 
except as provided in paragraph (e)(5)(iv) of this section. The 
potential for VOC emissions must be calculated for each individual 
storage vessel using a generally accepted model or calculation 
methodology, based on the maximum average daily throughput, as defined 
in Sec.  60.5430a, determined for a 30-day period of production.
    (ii) For each storage vessel located at a compressor station or 
onshore natural gas processing plant, you must determine the potential 
for VOC emissions prior to startup of the compressor station or onshore 
natural gas processing plant using either method described in paragraph 
(e)(2)(ii)(A) or (B) of this section.
    (A) Determine the potential for VOC emissions using a generally 
accepted model or calculation methodology and based on the throughput 
established in a legally and practicably enforceable limit in an 
operating permit or other requirement established under a Federal, 
state, local, or tribal authority; or
    (B) Determine the potential for VOC emissions using a generally 
accepted model or calculation methodology and based on projected maximum 
average daily throughput. Maximum average daily throughput is determined 
using a generally accepted engineering model (e.g., volumetric 
condensate rates from the storage vessels based on the maximum gas 
throughput capacity of each producing facility) to project the maximum 
average daily throughput for the storage vessel.
    (3) If a storage vessel battery, which consists of two or more 
storage vessels, meets all of the design and operational criteria 
specified in paragraphs (e)(3)(i) through (iv) of this section through 
legally and practicably enforceable standards in a permit or other 
requirement established under Federal, state, local, or tribal 
authority, then each storage vessel in such storage vessel battery is a 
storage vessel affected facility.
    (i) The storage vessels must be manifolded together with piping such 
that all vapors are shared among the headspaces of the storage vessels;
    (ii) The storage vessels must be equipped with a closed vent system 
that is designed, operated, and maintained to route the vapors back to 
the process or to a control device;
    (iii) The vapors collected in paragraph (e)(3)(i) of this section 
must be routed back to the process or to a control device that reduces 
VOC emissions by at least 95.0 percent; and
    (iv) The VOC emissions, averaged across the number of storage 
vessels in the battery meeting all of the criteria of paragraphs 
(e)(3)(i) through (iii) of

[[Page 709]]

this section, are equal to or greater than 6 tpy.
    (v) If a storage vessel battery meeting all of the criteria 
specified in paragraphs (e)(3)(i) through (iii) of this section through 
legally and practicably enforceable standards in a permit or other 
requirements established under Federal, state, local, or tribal 
authority, emits less than 6 tpy of VOC emissions averaged across the 
number of storage vessels in the battery, none of the storage vessels in 
the battery are storage vessel affected facilities.
    (4) 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.
    (5) For storage vessels not subject to a legally and practicably 
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 potential for VOC 
emissions for purposes of determining affected facility status, provided 
you comply with the requirements in paragraphs (e)(5)(i) through (iv) of 
this section.
    (i) You meet the cover requirements specified in Sec.  60.5411a(b).
    (ii) You meet the closed vent system requirements specified in Sec.  
60.5411a(c) and (d).
    (iii) You must maintain records that document compliance with 
paragraphs (e)(5)(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)(5)(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.
    (6) The requirements of this paragraph (e)(6) apply to each storage 
vessel affected facility immediately upon startup, startup of 
production, or return to service. A storage vessel affected facility 
that is reconnected to the original source of liquids is a storage 
vessel affected facility subject to the same requirements that applied 
before being removed from service. Any storage vessel that is used to 
replace any storage vessel affected facility is subject to the same 
requirements that applied to the storage vessel affected facility being 
replaced.
    (7) A storage vessel with a capacity greater than 100,000 gallons 
used to recycle water that has been passed through two stage separation 
is not a storage vessel affected facility.
    (f) The group of all equipment within a process unit at an onshore 
natural gas processing plant 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.  60.5400a, 
60.5401a, 60.5402a, 60.5421a, and 60.5422a 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.  60.5400a, 60.5401a, 60.5402a, 60.5421a, and 60.5422a.
    (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 commenced construction, modification, or reconstruction 
after September 18, 2015, and on or before November 16, 2020, and 
sweetening units that commence construction, modification, or 
reconstruction after November 16, 2020.
    (1) Each sweetening unit that processes natural gas produced from 
either onshore or offshore wells is an affected facility; and
    (2) Each sweetening unit that processes natural gas followed by a 
sulfur recovery unit is an affected facility.

[[Page 710]]

    (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.  60.5423a(c) but are not 
required to comply with Sec. Sec.  60.5405a through 60.5407a and 
Sec. Sec.  60.5410a(g) and 60.5415a(g).
    (4) Sweetening facilities producing acid gas that is completely re-
injected into oil-or-gas-bearing geologic strata or that is otherwise 
not released to the atmosphere are not subject to Sec. Sec.  60.5405a 
through 60.5407a, 60.5410a(g), 60.5415a(g), and 60.5423a.
    (h) Each pneumatic pump affected facility:
    (1) For natural gas processing plants, each pneumatic pump affected 
facility, which is a single natural gas-driven diaphragm pump.
    (2) For well sites, each pneumatic pump affected facility, which is 
a single natural gas-driven diaphragm pump. A single natural gas-driven 
diaphragm pump that is in operation less than 90 days per calendar year 
is not an affected facility under this subpart provided the owner/
operator keeps records of the days of operation each calendar year and 
submits such records to the EPA Administrator (or delegated enforcement 
authority) upon request. For the purposes of this section, any period of 
operation during a calendar day counts toward the 90 calendar day 
threshold.
    (i) Except as provided in Sec.  60.5365a(i)(2), the collection of 
fugitive emissions components at a well site, as defined in Sec.  
60.5430a, is an affected facility.
    (1) [Reserved]
    (2) A well site that only contains one or more wellheads is not an 
affected facility under this subpart. The affected facility status of a 
separate tank battery surface site has no effect on the affected 
facility status of a well site that only contains one or more wellheads.
    (3) For purposes of Sec.  60.5397a, a ``modification'' to a well 
site occurs when:
    (i) A new well is drilled at an existing well site;
    (ii) A well at an existing well site is hydraulically fractured; or
    (iii) A well at an existing well site is hydraulically refractured.
    (4) For purposes of Sec.  60.5397a, a ``modification'' to an 
existing source separate tank battery surface site occurs when:
    (i) Any of the actions in paragraphs (i)(3)(i) through (iii) of this 
section occurs at an existing source separate tank battery surface site;
    (ii) A well sending production to an existing source separate tank 
battery site is modified, as defined in paragraphs (i)(3)(i) through 
(iii) of this section; or
    (iii) A well site subject to the requirements in Sec.  60.5397a 
removes all major production and processing equipment, as defined in 
Sec.  60.5430a, such that it becomes a wellhead only well site and sends 
production to an existing source separate tank battery surface site.
    (j) The collection of fugitive emissions components at a compressor 
station, as defined in Sec.  60.5430a, is an affected facility. For 
purposes of Sec.  60.5397a, a ``modification'' to a compressor station 
occurs when:
    (1) An additional compressor is installed at a compressor station; 
or
    (2) One or more compressors at a compressor station is replaced by 
one or more compressors of greater total horsepower than the 
compressor(s) being replaced. When one or more compressors is replaced 
by one or more compressors of an equal or smaller total horsepower than 
the compressor(s) being replaced, installation of the replacement 
compressor(s) does not trigger a modification of the compressor station 
for purposes of Sec.  60.5397a.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57070, Sept. 14, 2020; 
85 FR 57438, Sept. 15, 2020]



Sec.  60.5370a  When must I comply with this subpart?

    (a) You must be in compliance with the standards of this subpart no 
later than August 2, 2016 or upon startup, whichever is later.
    (b) At all times, including periods of startup, shutdown, and 
malfunction, owners and operators shall maintain and operate any 
affected facility including associated air pollution control

[[Page 711]]

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. 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 to comply with 
the provisions of this subpart.



Sec.  60.5375a  What VOC standards apply to well affected facilities?

    If you are the owner or operator of a well affected facility as 
described in Sec.  60.5365a(a) that also meets the criteria for a well 
affected facility in Sec.  60.5365(a) (in subpart OOOO of this part), 
you must reduce VOC emissions by complying with paragraphs (a) through 
(g) of this section. If you own or operate a well affected facility as 
described in Sec.  60.5365a(a) that does not meet the criteria for a 
well affected facility in Sec.  60.5365(a) (in subpart OOOO of this 
part), you must reduce VOC emissions by complying with paragraphs (f)(3) 
and (4) or paragraph (g) of this section for each well completion 
operation with hydraulic fracturing prior to November 30, 2016, and you 
must comply with paragraphs (a) through (g) of this section for each 
well completion operation with hydraulic fracturing on or after November 
30, 2016.
    (a) Except as provided in paragraph (f) and (g) of this section, for 
each well completion operation with hydraulic fracturing 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) of this section.
    (1) For each stage of the well completion operation, as defined in 
Sec.  60.5430a, follow the requirements specified in paragraphs 
(a)(1)(i) through (iii) 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. The separator may be a production separator, but 
the production separator also must be designed to accommodate flowback. 
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 recovered 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 onsite fuel source, or use the 
recovered gas for another useful purpose that a purchased fuel or raw 
material would serve. If it is technically 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 technically infeasible for a separator to function, you 
must comply with paragraph (a)(1)(i) of this section.
    (iii) You must have the separator onsite or otherwise available for 
use at a centralized facility or well pad that services the well 
affected facility during well completions. The separator must be 
available and ready for use to comply with paragraph (a)(1)(ii) of this 
section during the entirety of the flowback period, except as provided 
in paragraphs (a)(1)(iii)(A) through (C) of this section.
    (A) A well that is not hydraulically fractured or refractured with 
liquids, or that does not generate condensate, intermediate hydrocarbon 
liquids, or produced water such that there is no liquid collection 
system at the well site is not required to have a separator onsite.

[[Page 712]]

    (B) If conditions allow for liquid collection, then the operator 
must immediately stop the well completion operation, install a 
separator, and restart the well completion operation in accordance with 
Sec.  60.5375a(a)(1).
    (C) The owner or operator of a well that meets the criteria of 
paragraph (a)(1)(iii)(A) or (B) of this section must submit the report 
in Sec.  60.5420a(b)(2) and maintain the records in Sec.  
60.5420a(c)(1)(iii).
    (2) [Reserved]
    (3) If it is technically infeasible to route the recovered gas as 
required in Sec.  60.5375a(a)(1)(ii), then 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 pilot flame.
    (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 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.  60.5420a(c)(1)(iii).
    (c) You must demonstrate initial compliance with the standards that 
apply to well affected facilities as required by Sec.  60.5410a(a).
    (d) You must demonstrate continuous compliance with the standards 
that apply to well affected facilities as required by Sec.  60.5415a(a).
    (e) You must perform the required notification, recordkeeping and 
reporting as required by Sec.  60.5420a(a)(2), (b)(1) and (2), and 
(c)(1).
    (f) For each well affected facility specified in paragraphs (f)(1) 
and (2) of this section, you must comply with the requirements of 
paragraphs (f)(3) and (4) of this section.
    (1) Each well completion operation with hydraulic fracturing at a 
wildcat or delineation well.
    (2) Each well completion operation with hydraulic fracturing at a 
non-wildcat low pressure well or non-delineation low pressure well.
    (3) You must comply with either paragraph (f)(3)(i) or (f)(3)(ii) of 
this section, unless you meet the requirements in paragraph (g) of this 
section. You must also comply with paragraph (b) of this section.
    (i) Route all flowback 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 pilot flame.
    (ii) Route all flowback into one or more well completion vessels and 
commence operation of a separator unless 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. 
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 pilot 
flame.
    (4) You must submit the notification as specified in Sec.  
60.5420a(a)(2), submit annual reports as specified in Sec.  
60.5420a(b)(1) and (2) and maintain records specified in Sec.  
60.5420a(c)(1)(iii) for each wildcat and delineation well. You must 
submit the notification as specified in Sec.  60.5420a(a)(2), submit 
annual reports as specified in Sec.  60.5420a(b)(1) and (2), and 
maintain records as specified in Sec.  60.5420a(c)(1)(iii) and (vii) for 
each low pressure well.
    (g) For each well affected facility with less than 300 scf of gas 
per stock tank barrel of oil produced, you must comply with paragraphs 
(g)(1) and (2) of this section.
    (1) You must maintain records specified in Sec.  60.5420a(c)(1)(vi).
    (2) You must submit reports specified in Sec.  60.5420a(b)(1) and 
(2).

[81 FR 35898, June 3, 2016, as amended at 85 FR 57070, Sept. 14, 2020; 
85 FR 57439, Sept. 15, 2020]

[[Page 713]]



Sec.  60.5380a  What VOC standards apply to centrifugal compressor
affected facilities?

    You must comply with the VOC 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.
    (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.  60.5411a(b). The cover must be connected through a 
closed vent system that meets the requirements of Sec.  60.5411a(a) and 
(d) and the closed vent system must be routed to a control device that 
meets the conditions specified in Sec.  60.5412a(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.  
60.5410a(b).
    (c) You must demonstrate continuous compliance with the standards 
that apply to centrifugal compressor affected facilities as required by 
Sec.  60.5415a(b).
    (d) You must perform the reporting as required by Sec.  
60.5420a(b)(1) and (3), and the recordkeeping as required by Sec.  
60.5420a(c)(2), (6) through (11), and (17), as applicable.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57070, Sept. 14, 2020]



Sec.  60.5385a  What VOC standards apply to reciprocating compressor
affected facilities?

    You must reduce VOC emissions by complying 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) On or 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, 
August 2, 2016, or the date of the most recent reciprocating compressor 
rod packing replacement, whichever is latest.
    (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 VOC emissions from the rod packing using a rod 
packing emissions collection system that operates under negative 
pressure and route the rod packing emissions to a process through a 
closed vent system that meets the requirements of Sec.  60.5411a(a) and 
(d).
    (b) You must demonstrate initial compliance with standards that 
apply to reciprocating compressor affected facilities as required by 
Sec.  60.5410a(c).
    (c) You must demonstrate continuous compliance with standards that 
apply to reciprocating compressor affected facilities as required by 
Sec.  60.5415a(c).
    (d) You must perform the reporting as required by Sec.  
60.5420a(b)(1) and (4) and the recordkeeping as required by Sec.  
60.5420a(c)(3), (6) through (9), and (17), as applicable.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57070, Sept. 14, 2020; 
85 FR 57439, Sept. 15, 2020]



Sec.  60.5390a  What VOC standards apply to pneumatic controller affected
facilities?

    For each pneumatic controller affected facility you must comply with 
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 the requirements in paragraph (b)(1) or (c)(1) 
of this section.
    (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

[[Page 714]]

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.  60.5420a(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.  60.5420a(c)(4)(iv).
    (c)(1) Each pneumatic controller affected facility at a location 
other than at a natural gas processing plant must have a bleed rate less 
than or equal to 6 standard cubic feet per hour.
    (2) Each pneumatic controller affected facility at a location other 
than 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 controller 
as required in Sec.  60.5420a(c)(4)(iii).
    (d) You must demonstrate initial compliance with standards that 
apply to pneumatic controller affected facilities as required by Sec.  
60.5410a(d).
    (e) You must demonstrate continuous compliance with standards that 
apply to pneumatic controller affected facilities as required by Sec.  
60.5415a(d).
    (f) You must perform the reporting as required by Sec.  
60.5420a(b)(1) and (5) and the recordkeeping as required by Sec.  
60.5420a(c)(4).

[81 FR 35898, June 3, 2016, as amended at 85 FR 57070, Sept. 14, 2020]



Sec.  60.5393a  What VOC standards apply to pneumatic pump affected
facilities?

    For each pneumatic pump affected facility you must comply with the 
VOC standards, based on natural gas as a surrogate for VOC, in either 
paragraph (a) or (b) of this section, as applicable, on or after 
November 30, 2016.
    (a) Each pneumatic pump affected facility at a natural gas 
processing plant must have a natural gas emission rate of zero.
    (b) For each pneumatic pump affected facility at a well site you 
must reduce natural gas emissions by 95.0 percent, except as provided in 
paragraphs (b)(3), (4), and (5) of this section.
    (1)-(2) [Reserved]
    (3) You are not required to install a control device solely for the 
purpose of complying with the 95.0 percent reduction requirement of 
paragraph (b) of this section. If you do not have a control device 
installed on site by the compliance date and you do not have the ability 
to route to a process, then you must comply instead with the provisions 
of paragraphs (b)(3)(i) and (ii) of this section. For the purposes of 
this section, boilers and process heaters are not considered control 
devices. In addition, routing emissions from pneumatic pump discharges 
to boilers and process heaters is not considered routing to a process.
    (i) Submit a certification in accordance with Sec.  
60.5420a(b)(8)(i)(A) in your next annual report, certifying that there 
is no available control device or process on site and maintain the 
records in Sec.  60.5420a(c)(16)(i) and (ii).
    (ii) If you subsequently install a control device or have the 
ability to route to a process, you are no longer required to comply with 
paragraph (b)(3)(i) of this section and must submit the information in 
Sec.  60.5420a(b)(8)(ii) in your next annual report and maintain the 
records in Sec.  60.5420a(c)(16)(i), (ii), and (iii). You must be in 
compliance with the requirements of paragraph (b) of this section within 
30 days of startup of the control device or within 30 days of the 
ability to route to a process.
    (4) If the control device available on site is unable to achieve a 
95-percent reduction and there is no ability to route the emissions to a 
process, you must still route the pneumatic pump affected facility's 
emissions to that control device. If you route the pneumatic pump 
affected facility to a control device installed on site that is designed 
to achieve less than a 95-percent reduction, you must submit the 
information specified in Sec.  60.5420a(b)(8)(i)(C)

[[Page 715]]

in your next annual report and maintain the records in Sec.  
60.5420a(c)(16)(iii).
    (5) If an owner or operator determines, through an engineering 
assessment, that routing a pneumatic pump to a control device or a 
process is technically infeasible, the requirements specified in 
paragraphs (b)(5)(i) through (iv) of this section must be met.
    (i) The owner or operator shall conduct the assessment of technical 
infeasibility in accordance with the criteria in paragraph (b)(5)(iii) 
of this section and have it certified by either a qualified professional 
engineer or an in-house engineer with expertise on the design and 
operation of the pneumatic pump in accordance with paragraph (b)(5)(ii) 
of this section.
    (ii) The following certification, signed and dated by the qualified 
professional engineer or in-house engineer, shall state: ``I certify 
that the assessment of technical infeasibility was prepared under my 
direction or supervision. I further certify that the assessment was 
conducted and this report was prepared pursuant to the requirements of 
Sec.  60.5393a(b)(5)(iii). Based on my professional knowledge and 
experience, and inquiry of personnel involved in the assessment, the 
certification submitted herein is true, accurate, and complete.''
    (iii) The assessment of technical infeasibility to route emissions 
from the pneumatic pump to an existing control device onsite or to a 
process shall include, but is not limited to, safety considerations, 
distance from the control device or process, pressure losses and 
differentials in the closed vent system, and the ability of the control 
device or process to handle the pneumatic pump emissions which are 
routed to them. The assessment of technical infeasibility shall be 
prepared under the direction or supervision of the qualified 
professional engineer or in-house engineer who signs the certification 
in accordance with paragraph (b)(5)(ii) of this section.
    (iv) The owner or operator shall maintain the records specified in 
Sec.  60.5420a(c)(16)(iv).
    (6) If the pneumatic pump is routed to a control device or a process 
and the control device or process is subsequently removed from the 
location or is no longer available, you are no longer required to be in 
compliance with the requirements of paragraph (b) of this section, and 
instead must comply with paragraph (b)(3) of this section and report the 
change in the next annual report in accordance with Sec.  
60.5420a(b)(8)(ii).
    (c) If you use a control device or route to a process to reduce 
emissions, you must connect the pneumatic pump affected facility through 
a closed vent system that meets the requirements of Sec. Sec.  
60.5411a(d) and (e), 60.5415a(b)(3), and 60.5416a(d).
    (d) You must demonstrate initial compliance with standards that 
apply to pneumatic pump affected facilities as required by Sec.  
60.5410a(e).
    (e) You must perform the reporting as required by Sec.  
60.5420a(b)(1) and (8) and the recordkeeping as required by Sec.  
60.5420a(c)(6) through (10), (16), and (17), as applicable.

[81 FR 35898, June 3, 2016, as amended at 82 FR 25733, June 5, 2017; 85 
FR 57070, Sept. 14, 2020; 85 FR 57439, Sept. 15, 2020]



Sec.  60.5395a  What VOC standards apply to storage vessel affected
facilities?

    Each storage vessel affected facility must comply with the VOC 
standards in this section, except as provided in paragraph (e) of this 
section.
    (a) You must comply with the requirements of paragraphs (a)(1) and 
(2) of this section. After 12 consecutive months of compliance with 
paragraph (a)(2) of this section, you may continue to comply with 
paragraph (a)(2) of this section, or you may comply with paragraph 
(a)(3) of this section, if applicable. If you choose to meet the 
requirements in paragraph (a)(3) of this section, you are not required 
to comply with the requirements of paragraph (a)(2) of this section 
except as provided in paragraphs (a)(3)(i) and (ii) of this section.
    (1) Determine the potential for VOC emissions in accordance with 
Sec.  60.5365a(e).
    (2) Reduce VOC emissions by 95.0 percent within 60 days after 
startup. For storage vessel affected facilities receiving liquids 
pursuant to the standards for well affected facilities in Sec.  
60.5375a(a)(1)(i) or (ii), you must

[[Page 716]]

achieve the required emissions reductions within 60 days after startup 
of production as defined in Sec.  60.5430a.
    (3) 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, and the calculations must be based on the 
average throughput for the month. You may no longer comply with this 
paragraph and must instead comply with paragraph (a)(2) of this section 
if your storage vessel affected facility meets the conditions specified 
in paragraphs (a)(3)(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 (a)(2) 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 (a)(2) of this section within 
30 days of the monthly determination.
    (b) Control requirements. (1) Except as required in paragraph (b)(2) 
of this section, if you use a control device to reduce VOC emissions 
from your storage vessel affected facility, you must equip the storage 
vessel with a cover that meets the requirements of Sec.  60.5411a(b) and 
is connected through a closed vent system that meets the requirements of 
Sec.  60.5411a(c) and (d), and you must route emissions to a control 
device that meets the conditions specified in Sec.  60.5412a(c) or (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.
    (c) Requirements for storage vessel affected facilities that are 
removed from service or returned to service. If you remove a storage 
vessel affected facility from service, you must comply with paragraphs 
(c)(1) through (3) of this section. A 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 paragraphs (c)(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.  
60.5420a(b)(6)(v) 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 (c)(1)(ii) of this 
section is returned to service, you must determine its affected facility 
status as provided in Sec.  60.5365a(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.  60.5420a(b)(6)(vi), identifying each 
storage vessel affected facility and the date of its return to service.
    (d) Compliance, notification, recordkeeping, and reporting. You must 
comply with paragraphs (d)(1) through (3) of this section.
    (1) You must demonstrate initial compliance with standards as 
required by Sec.  60.5410a(h) and (i).

[[Page 717]]

    (2) You must demonstrate continuous compliance with standards as 
required by Sec.  60.5415a(e)(3).
    (3) You must perform the required reporting as required by Sec.  
60.5420a(b)(1) and (6) and the recordkeeping as required by Sec.  
60.5420a(c)(5) through (8), (12) through (14), and (17), as applicable.
    (e) 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, and 40 CFR part 63, 
subparts G, CC, HH, or WW.

[77 FR 49542, Aug. 16, 2012, as amended at 85 FR 57440, Sept. 15, 2020]



Sec.  60.5397a  What fugitive emissions VOC standards apply to the
affected facility which is the collection of fugitive emissions components
at a well site and the affected facility which is the collection of fugitive 
 emissions components at a compressor station?

    For each affected facility under Sec.  60.5365a(i) and (j), you must 
reduce VOC emissions by complying with the requirements of paragraphs 
(a) through (j) of this section. The requirements in this section are 
independent of the closed vent system and cover requirements in Sec.  
60.5411a.
    (a) You must comply with paragraph (a)(1) of this section, unless 
your affected facility under Sec.  60.5365a(i) (i.e., the collection of 
fugitive emissions components at a well site) meets the conditions 
specified in either paragraph (a)(1)(i) or (ii) of this section. If your 
affected facility under Sec.  60.5365a(i) (i.e., the collection of 
fugitive emissions components at a well site) meets the conditions 
specified in either paragraph (a)(1)(i) or (ii) of this section, you 
must comply with either paragraph (a)(1) or (2) of this section.
    (1) You must monitor all fugitive emission components, as defined in 
Sec.  60.5430a, in accordance with paragraphs (b) through (g) of this 
section. You must repair all sources of fugitive emissions in accordance 
with paragraph (h) of this section. You must keep records in accordance 
with paragraph (i) of this section and report in accordance with 
paragraph (j) of this section. For purposes of this section, fugitive 
emissions are defined as any visible emission from a fugitive emissions 
component observed using optical gas imaging or an instrument reading of 
500 parts per million (ppm) or greater using Method 21 of appendix A-7 
to this part.
    (i) First 30-day production. For the collection of fugitive 
emissions components at a well site, where the total production of the 
well site is at or below 15 barrels of oil equivalent (boe) per day for 
the first 30 days of production, according to Sec.  60.5415a(j), you 
must comply with the provisions of either paragraph (a)(1) or (2) of 
this section. Except as provided in this paragraph (a)(1)(i), the 
calculation must be performed within 45 days of the end of the first 30 
days of production. To convert gas production to equivalent barrels of 
oil, divide the cubic feet of gas produced by 6,000. For well sites that 
commenced construction, reconstruction, or modification between October 
15, 2019, and November 16, 2020, the owner or operator may use the 
records of the first 30 days of production after becoming subject to 
this subpart, if available, to determine if the total well site 
production is at or below 15 boe per day, provided this determination is 
completed by December 14, 2020.
    (ii) Well site production decline. For the collection of fugitive 
emissions components at a well site, where, at any time, the total 
production of the well site is at or below 15 boe per day based on a 
rolling 12-month average, you must comply with the provisions of either 
paragraph (a)(1) or (2) of this section. To convert gas production to 
equivalent barrels of oil, divide the cubic feet of gas produced by 
6,000.
    (2) You must maintain the total production for the well site at or 
below 15 boe per day based on a rolling 12-month average, according to 
Sec. Sec.  60.5410a(k) and 60.5415a(i), comply with the reporting 
requirements in Sec.  60.5420a(b)(7)(i)(C), and the recordkeeping 
requirements in Sec.  60.5420a(c)(15)(ii), until such time that you 
perform any of the actions in paragraphs (a)(2)(i) through (v) of this 
section. If any of the actions listed in paragraphs (a)(2)(i) through 
(v) of this section occur, you must comply with paragraph (a)(3) of this 
section.
    (i) A new well is drilled at the well site;

[[Page 718]]

    (ii) A well at the well site is hydraulically fractured;
    (iii) A well at the well site is hydraulically refractured;
    (iv) A well at the well site is stimulated in any manner for the 
purpose of increasing production, including well workovers; or
    (v) A well at the well site is shut-in for the purpose of increasing 
production from the well.
    (3) You must determine the total production for the well site for 
the first 30 days after any of the actions listed in paragraphs 
(a)(2)(i) through (v) of this section is completed, according to Sec.  
60.5415a(j), comply with paragraph (a)(3)(i) or (ii) of this section, 
the reporting requirements in Sec.  60.5420a(b)(7)(i)(C), and the 
recordkeeping requirements in Sec.  60.5420a(c)(15)(iii).
    (i) If the total production for the well site is at or below 15 boe 
per day for the first 30 days after the action is completed, according 
to Sec.  60.5415a(j), you must either continue to comply with paragraph 
(a)(2) of this section or comply with paragraph (a)(1) of this section.
    (ii) If the total production for the well site is greater than 15 
boe per day for the first 30 days after the action is completed, 
according to Sec.  60.5415a(j), you must comply with paragraph (a)(1) of 
this section and conduct an initial monitoring survey for the collection 
of fugitive emissions components at the well site in accordance with the 
same schedule as for modified well sites as specified in Sec.  
60.5397a(f)(1).
    (b) You must develop an emissions monitoring plan that covers the 
collection of fugitive emissions components at well sites and compressor 
stations within each company-defined area in accordance with paragraphs 
(c) and (d) of this section.
    (c) Fugitive emissions monitoring plans must include the elements 
specified in paragraphs (c)(1) through (8) of this section, at a 
minimum.
    (1) Frequency for conducting surveys. Surveys must be conducted at 
least as frequently as required by paragraphs (f) and (g) of this 
section.
    (2) Technique for determining fugitive emissions (i.e., Method 21 of 
appendix A-7 to this part or optical gas imaging meeting the 
requirements in paragraphs (c)(7)(i) through (vii) of this section).
    (3) Manufacturer and model number of fugitive emissions detection 
equipment to be used.
    (4) Procedures and timeframes for identifying and repairing fugitive 
emissions components from which fugitive emissions are detected, 
including timeframes for fugitive emission components that are unsafe to 
repair. Your repair schedule must meet the requirements of paragraph (h) 
of this section at a minimum.
    (5) Procedures and timeframes for verifying fugitive emission 
component repairs.
    (6) Records that will be kept and the length of time records will be 
kept.
    (7) If you are using optical gas imaging, your plan must also 
include the elements specified in paragraphs (c)(7)(i) through (vii) of 
this section.
    (i) Verification that your optical gas imaging equipment meets the 
specifications of paragraphs (c)(7)(i)(A) and (B) of this section. This 
verification is an initial verification, and may either be performed by 
the facility, by the manufacturer, or by a third party. For the purposes 
of complying with the fugitive emissions monitoring program with optical 
gas imaging, a fugitive emission is defined as any visible emissions 
observed using optical gas imaging.
    (A) Your optical gas imaging equipment must be capable of imaging 
gases in the spectral range for the compound of highest concentration in 
the potential fugitive emissions.
    (B) Your optical gas imaging equipment must be capable of imaging a 
gas that is half methane, half propane at a concentration of 10,000 ppm 
at a flow rate of <=60g/hr from a quarter inch diameter orifice.
    (ii) Procedure for a daily verification check.
    (iii) Procedure for determining the operator's maximum viewing 
distance from the equipment and how the operator will ensure that this 
distance is maintained.
    (iv) Procedure for determining maximum wind speed during which 
monitoring can be performed and how the operator will ensure monitoring 
occurs

[[Page 719]]

only at wind speeds below this threshold.
    (v) Procedures for conducting surveys, including the items specified 
in paragraphs (c)(7)(v)(A) through (C) of this section.
    (A) How the operator will ensure an adequate thermal background is 
present in order to view potential fugitive emissions.
    (B) How the operator will deal with adverse monitoring conditions, 
such as wind.
    (C) How the operator will deal with interferences (e.g., steam).
    (vi) Training and experience needed prior to performing surveys.
    (vii) Procedures for calibration and maintenance. At a minimum, 
procedures must comply with those recommended by the manufacturer.
    (8) If you are using Method 21 of appendix A-7 of this part, your 
plan must also include the elements specified in paragraphs (c)(8)(i) 
through (iii) of this section. For the purposes of complying with the 
fugitive emissions monitoring program using Method 21 of appendix A-7 of 
this part a fugitive emission is defined as an instrument reading of 500 
ppm or greater.
    (i) Verification that your monitoring equipment meets the 
requirements specified in Section 6.0 of Method 21 at 40 CFR part 60, 
appendix A-7. For purposes of instrument capability, the fugitive 
emissions definition shall be 500 ppm or greater methane using a FID-
based instrument. If you wish to use an analyzer other than a FID-based 
instrument, you must develop a site-specific fugitive emission 
definition that would be equivalent to 500 ppm methane using a FID-based 
instrument (e.g., 10.6 eV PID with a specified isobutylene concentration 
as the fugitive emission definition would provide equivalent response to 
your compound of interest).
    (ii) Procedures for conducting surveys. At a minimum, the procedures 
shall ensure that the surveys comply with the relevant sections of 
Method 21 at 40 CFR part 60, appendix A-7, including Section 8.3.1.
    (iii) Procedures for calibration. The instrument must be calibrated 
before use each day of its use by the procedures specified in Method 21 
of appendix A-7 of this part. At a minimum, you must also conduct 
precision tests at the interval specified in Method 21 of appendix A-7 
of this part, Section 8.1.2, and a calibration drift assessment at the 
end of each monitoring day. The calibration drift assessment must be 
conducted as specified in paragraph (c)(8)(iii)(A) of this section. 
Corrective action for drift assessments is specified in paragraphs 
(c)(8)(iii)(B) and (C) of this section.
    (A) Check the instrument using the same calibration gas that was 
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. If multiple scales are used, record the instrument reading 
for each scale used. Divide the arithmetic difference of the initial and 
post-test calibration response by the corresponding calibration gas 
value for each scale and multiply by 100 to express the calibration 
drift as a percentage.
    (B) If a calibration drift assessment shows a negative drift of more 
than 10 percent, then all equipment with instrument readings between the 
fugitive emission definition multiplied by (100 minus the percent of 
negative drift/divided by 100) and the fugitive emission definition that 
was monitored since the last calibration must be re-monitored.
    (C) 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 with instrument readings 
above the fugitive emission definition and below the fugitive emission 
definition multiplied by (100 plus the percent of positive drift/divided 
by 100) monitored since the last calibration may be re-monitored.
    (d) Each fugitive emissions monitoring plan must include the 
elements specified in paragraphs (d)(1) through (3) of this section, at 
a minimum, as applicable.
    (1) If you are using optical gas imaging, your plan must include 
procedures to ensure that all fugitive emissions components are 
monitored during each survey. Example procedures include, but are not 
limited to, a sitemap with

[[Page 720]]

an observation path, a written narrative of where the fugitive emissions 
components are located and how they will be monitored, or an inventory 
of fugitive emissions components.
    (2) If you are using Method 21 of appendix A-7 of this part, your 
plan must include a list of fugitive emissions components to be 
monitored and method for determining the location of fugitive emissions 
components to be monitored in the field (e.g., tagging, identification 
on a process and instrumentation diagram, etc.).
    (3) Your fugitive emissions monitoring plan must include the written 
plan developed for all of the fugitive emissions components designated 
as difficult-to-monitor in accordance with paragraph (g)(3) of this 
section, and the written plan for fugitive emissions components 
designated as unsafe-to-monitor in accordance with paragraph (g)(4) of 
this section.
    (e) Each monitoring survey shall observe each fugitive emissions 
component, as defined in Sec.  60.5430a, for fugitive emissions.
    (f)(1) You must conduct an initial monitoring survey within 90 days 
of the startup of production, as defined in Sec.  60.5430a, for each 
collection of fugitive emissions components at a new well site or by 
June 3, 2017, whichever is later. For a modified collection of fugitive 
emissions components at a well site, the initial monitoring survey must 
be conducted within 90 days of the startup of production for each 
collection of fugitive emissions components after the modification or by 
June 3, 2017, whichever is later. Notwithstanding the preceding 
deadlines, for each collection of fugitive emissions components at a 
well site located on the Alaskan North Slope, as defined in Sec.  
60.5430a, that starts up production between September and March, you 
must conduct an initial monitoring survey within 6 months of the startup 
of production for a new well site, within 6 months of the first day of 
production after a modification of the collection of fugitive emission 
components, or by the following June 30, whichever is latest.
    (2) You must conduct an initial monitoring survey within 90 days of 
the startup of a new compressor station for each collection of fugitive 
emissions components at the new compressor station or by June 3, 2017, 
whichever is later. For a modified collection of fugitive emissions 
components at a compressor station, the initial monitoring survey must 
be conducted within 90 days of the modification or by June 3, 2017, 
whichever is later. Notwithstanding the preceding deadlines, for each 
collection of fugitive emissions components at a new compressor station 
located on the Alaskan North Slope that starts up between September and 
March, you must conduct an initial monitoring survey within 6 months of 
the startup date for new compressor stations, within 6 months of the 
modification, or by the following June 30, whichever is latest.
    (g) A monitoring survey of each collection of fugitive emissions 
components at a well site or at a compressor station must be performed 
at the frequencies specified in paragraphs (g)(1) and (2) of this 
section, with the exceptions noted in paragraphs (g)(3) through (5) of 
this section.
    (1) Except as provided in this paragraph (g)(1), a monitoring survey 
of each collection of fugitive emissions components at a well site must 
be conducted at least semiannually after the initial survey. Consecutive 
semiannual monitoring surveys must be conducted at least 4 months apart 
and no more than 7 months apart. A monitoring survey of each collection 
of fugitive emissions components at a well site located on the Alaskan 
North Slope must be conducted at least annually. Consecutive annual 
monitoring surveys must be conducted at least 9 months apart and no more 
than 13 months apart.
    (2) Except as provided in this paragraph (g)(2), a monitoring survey 
of the collection of fugitive emissions components at a compressor 
station must be conducted at least semiannually after the initial 
survey. Consecutive semiannual monitoring surveys must be conducted at 
least 4 months apart and no more than 7 months apart. A monitoring 
survey of the collection of fugitive emissions components at a 
compressor station located on the Alaskan North Slope must be conducted 
at least annually. Consecutive annual monitoring surveys must be 
conducted at

[[Page 721]]

least 9 months apart and no more than 13 months apart.
    (3) Fugitive emissions components that cannot be monitored without 
elevating the monitoring personnel more than 2 meters above the surface 
may be designated as difficult-to-monitor. Fugitive emissions components 
that are designated difficult-to-monitor must meet the specifications of 
paragraphs (g)(3)(i) through (iv) of this section.
    (i) A written plan must be developed for all of the fugitive 
emissions components designated difficult-to-monitor. This written plan 
must be incorporated into the fugitive emissions monitoring plan 
required by paragraphs (b), (c), and (d) of this section.
    (ii) The plan must include the identification and location of each 
fugitive emissions component designated as difficult-to-monitor.
    (iii) The plan must include an explanation of why each fugitive 
emissions component designated as difficult-to-monitor is difficult-to-
monitor.
    (iv) The plan must include a schedule for monitoring the difficult-
to-monitor fugitive emissions components at least once per calendar 
year.
    (4) Fugitive emissions components that cannot be monitored because 
monitoring personnel would be exposed to immediate danger while 
conducting a monitoring survey may be designated as unsafe-to-monitor. 
Fugitive emissions components that are designated unsafe-to-monitor must 
meet the specifications of paragraphs (g)(4)(i) through (iv) of this 
section.
    (i) A written plan must be developed for all of the fugitive 
emissions components designated unsafe-to-monitor. This written plan 
must be incorporated into the fugitive emissions monitoring plan 
required by paragraphs (b), (c), and (d) of this section.
    (ii) The plan must include the identification and location of each 
fugitive emissions component designated as unsafe-to-monitor.
    (iii) The plan must include an explanation of why each fugitive 
emissions component designated as unsafe-to-monitor is unsafe-to-
monitor.
    (iv) The plan must include a schedule for monitoring the fugitive 
emissions components designated as unsafe-to-monitor.
    (5) You are no longer required to comply with the requirements of 
paragraph (g)(1) of this section when the owner or operator removes all 
major production and processing equipment, as defined in Sec.  60.5430a, 
such that the well site becomes a wellhead only well site. If any major 
production and processing equipment is subsequently added to the well 
site, then the owner or operator must comply with the requirements in 
paragraphs (f)(1) and (g)(1) of this section.
    (h) Each identified source of fugitive emissions shall be repaired, 
as defined in Sec.  60.5430a, in accordance with paragraphs (h)(1) and 
(2) of this section.
    (1) A first attempt at repair shall be made no later than 30 
calendar days after detection of the fugitive emissions.
    (2) Repair shall be completed as soon as practicable, but no later 
than 30 calendar days after the first attempt at repair as required in 
paragraph (h)(1) of this section.
    (3) If the repair is technically infeasible, would require a vent 
blowdown, a compressor station shutdown, a well shutdown or well shut-
in, or would be unsafe to repair during operation of the unit, the 
repair must be completed during the next scheduled compressor station 
shutdown for maintenance, scheduled well shutdown, scheduled well shut-
in, after a scheduled vent blowdown, or within 2 years, whichever is 
earliest. For purposes of this paragraph (h)(3), a vent blowdown is the 
opening of one or more blowdown valves to depressurize major production 
and processing equipment, other than a storage vessel.
    (4) Each identified source of fugitive emissions must be resurveyed 
to complete repair according to the requirements in paragraphs (h)(4)(i) 
through (iv) of this section, to ensure that there are no fugitive 
emissions.
    (i) The operator may resurvey the fugitive emissions components to 
verify repair using either Method 21 of appendix A-7 of this part or 
optical gas imaging.
    (ii) For each repair that cannot be made during the monitoring 
survey when the fugitive emissions are initially found, a digital 
photograph must be taken of that component or the

[[Page 722]]

component must be tagged during the monitoring survey when the fugitives 
were initially found for identification purposes and subsequent repair. 
The digital photograph must include the date that the photograph was 
taken and must clearly identify the component by location within the 
site (e.g., the latitude and longitude of the component or by other 
descriptive landmarks visible in the picture).
    (iii) Operators that use Method 21 of appendix A-7 of this part to 
resurvey the repaired fugitive emissions components are subject to the 
resurvey provisions specified in paragraphs (h)(4)(iii)(A) and (B) of 
this section.
    (A) A fugitive emissions component is repaired when the Method 21 
instrument indicates a concentration of less than 500 ppm above 
background or when no soap bubbles are observed when the alternative 
screening procedures specified in section 8.3.3 of Method 21 of appendix 
A-7 of this part are used.
    (B) Operators must use the Method 21 monitoring requirements 
specified in paragraph (c)(8)(ii) of this section or the alternative 
screening procedures specified in section 8.3.3 of Method 21 of appendix 
A-7 of this part.
    (iv) Operators that use optical gas imaging to resurvey the repaired 
fugitive emissions components, are subject to the resurvey provisions 
specified in paragraphs (h)(4)(iv)(A) and (B) of this section.
    (A) A fugitive emissions component is repaired when the optical gas 
imaging instrument shows no indication of visible emissions.
    (B) Operators must use the optical gas imaging monitoring 
requirements specified in paragraph (c)(7) of this section.
    (i) Records for each monitoring survey shall be maintained as 
specified Sec.  60.5420a(c)(15).
    (j) Annual reports shall be submitted for each collection of 
fugitive emissions components at a well site and each collection of 
fugitive emissions components at a compressor station that include the 
information specified in Sec.  60.5420a(b)(7). Multiple collection of 
fugitive emissions components at a well site or at a compressor station 
may be included in a single annual report.

[81 FR 35898, June 3, 2016, as amended at 83 FR 10638, Mar. 12, 2018; 85 
FR 57070, Sept. 14, 2020; 85 FR 57440, Sept. 15, 2020]



Sec.  60.5398a  What are the alternative means of emission limitations
for VOC from well completions, reciprocating compressors, the collection 
of fugitive 
          emissions components at a well site and the collection of 
          fugitive emissions components at a compressor station?

    (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 Sec.  
60.5375a, Sec.  60.5385a, or Sec.  60.5397a, the Administrator will 
publish, in the Federal Register, a notice permitting the use of that 
alternative means for the purpose of compliance with Sec.  60.5375a, 
Sec.  60.5385a, or Sec.  60.5397a. The authority to approve an 
alternative means of emission limitation is retained by the 
Administrator and shall not be delegated to States under section 111(c) 
of the Clean Air Act (CAA).
    (b) Any notice under paragraph (a) of this section must be published 
only after notice and an opportunity for a public hearing.
    (c) Determination of equivalence to the design, equipment, work 
practice, or operational requirements of this section will be evaluated 
by the following guidelines:
    (1) The applicant must provide information that is sufficient for 
demonstrating the alternative means of emission limitation achieves 
emission reductions that are at least equivalent to the emission 
reductions that would be achieved by complying with the relevant 
standards. At a minimum, the application must include the following 
information:
    (i) Details of the specific equipment or components that would be 
included in the alternative.
    (ii) A description of the alternative work practice, including, as 
appropriate, the monitoring method, monitoring instrument or measurement 
technology, and the data quality indicators for precision and bias.

[[Page 723]]

    (iii) The method detection limit of the technology, technique, or 
process and a description of the procedures used to determine the method 
detection limit. At a minimum, the applicant must collect, verify, and 
submit field data encompassing seasonal variations to support the 
determination of the method detection limit. The field data may be 
supplemented with modeling analyses, controlled test site data, or other 
documentation.
    (iv) Any initial and ongoing quality assurance/quality control 
measures necessary for maintaining the technology, technique, or 
process, and the timeframes for conducting such measures.
    (v) Frequency of measurements. For continuous monitoring techniques, 
the minimum data availability.
    (vi) Any restrictions for using the technology, technique, or 
process.
    (vii) Initial and continuous compliance procedures, including 
recordkeeping and reporting, if the compliance procedures are different 
than those specified in this subpart.
    (2) For each technology, technique, or process for which a 
determination of equivalency is requested, the application must provide 
a demonstration that the emission reduction achieved by the alternative 
means of emission limitation is at least equivalent to the emission 
reduction that would be achieved by complying with the relevant 
standards in this subpart.
    (d) Any alternative 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.

[85 FR 57442, Sept. 15, 2020]



Sec.  60.5399a  What alternative fugitive emissions standards apply to
the affected facility which is the collection of fugitive emissions
components at a well 
          site and the affected facility which is the collection of 
          fugitive emissions components at a compressor station: 
          Equivalency with state, local, and tribal programs?

    This section provides alternative fugitive emissions standards based 
on programs under state, local, or tribal authorities for the collection 
of fugitive emissions components, as defined in Sec.  60.5430a, located 
at well sites and compressor stations. Paragraphs (a) through (e) of 
this section outline the procedure for submittal and approval of 
alternative fugitive emissions standards. Paragraphs (f) through (n) 
provide approved alternative fugitive emissions standards. The terms 
``fugitive emissions components'' and ``repaired'' are defined in Sec.  
60.5430a and must be applied to the alternative fugitive emissions 
standards in this section. The requirements for a monitoring plan as 
specified in Sec.  60.5397a(c) and (d) apply to the alternative fugitive 
emissions standards in this section.
    (a) Alternative fugitive emissions standards. If, in the 
Administrator's judgment, an alternative fugitive emissions standard 
will achieve a reduction in VOC emissions at least equivalent to the 
reductions achieved under Sec.  60.5397a, the Administrator will 
publish, in the Federal Register, a notice permitting use of the 
alternative fugitive emissions standard for the purpose of compliance 
with Sec.  60.5397a. The authority to approve alternative fugitive 
emissions standards is retained by the Administrator and shall not be 
delegated to States under section 111(c) of the CAA.
    (b) Notice. Any notice under paragraph (a) of this section will be 
published only after notice and an opportunity for public hearing.
    (c) Evaluation guidelines. Determination of alternative fugitive 
emissions standards to the design, equipment, work practice, or 
operational requirements of Sec.  60.5397a will be evaluated by the 
following guidelines:
    (1) The monitoring instrument, including the monitoring procedure;
    (2) The monitoring frequency;
    (3) The fugitive emissions definition;
    (4) The repair requirements; and
    (5) The recordkeeping and reporting requirements.
    (d) Approval of alternative fugitive emissions standard. Any 
alternative fugitive emissions standard approved under this section 
shall:
    (1) Constitute a required design, equipment, work practice, or 
operational standard within the meaning of section 111(h)(1) of the CAA; 
and

[[Page 724]]

    (2) Be made available for use by any owner or operator in meeting 
the relevant standards and requirements established for affected 
facilities under Sec.  60.5397a.
    (e) Notification. (1) An owner or operator must notify the 
Administrator of adoption of the alternative fugitive emissions 
standards within the first annual report following implementation of the 
alternative fugitive emissions standard, as specified in Sec.  
60.5420a(a)(3).
    (2) An owner or operator implementing one of the alternative 
fugitive emissions standards must submit the reports specified in Sec.  
60.5420a(b)(7)(iii). An owner or operator must also maintain the records 
specified by the specific alternative fugitive emissions standard for a 
period of at least 5 years.
    (f) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a well site or a compressor 
station in the State of California. An affected facility, which is the 
collection of fugitive emissions components, as defined in Sec.  
60.5430a, located at a well site or a compressor station in the State of 
California may elect to reduce VOC emissions through compliance with the 
monitoring, repair, and recordkeeping requirements in the California 
Code of Regulations, title 17, sections 95665-95667, effective January 
1, 2020, as an alternative to complying with the requirements in Sec.  
60.5397a(f)(1) and (2), (g)(1) through (4), (h), and (i). The 
information specified in Sec.  60.5420a(b)(7)(iii)(A) and the 
information specified in either Sec.  60.5420a(b)(7)(iii)(B) or (C) may 
be provided as an alternative to the requirements in Sec.  60.5397a(j).
    (g) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a well site or a compressor 
station in the State of Colorado. An affected facility, which is the 
collection of fugitive emissions components, as defined in Sec.  
60.5430a, located at a well site or a compressor station in the State of 
Colorado may elect to comply with the monitoring, repair, and 
recordkeeping requirements in Colorado Regulation 7, Part D, section I.L 
or II.E, effective February 14, 2020, for well sites and compressor 
stations, as an alternative to complying with the requirements in Sec.  
60.5397a(f)(1) and (2), (g)(1) through (4), (h), and (i), provided the 
monitoring instrument used is an optical gas imaging or a Method 21 
instrument (see appendix A-7 of this part). Monitoring must be conducted 
on at least a semiannual basis for well sites and compressor stations. 
If using the alternative in this paragraph (g), the information 
specified in Sec.  60.5420a(b)(7)(iii)(A) and (C) must be provided in 
lieu of the requirements in Sec.  60.5397a(j).
    (h) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a well site in the State of 
Ohio. An affected facility, which is the collection of fugitive 
emissions components, as defined in Sec.  60.5430a, located at a well 
site in the State of Ohio may elect to comply with the monitoring, 
repair, and recordkeeping requirements in Ohio General Permits 12.1, 
Section C.5 and 12.2, Section C.5, effective April 14, 2014, as an 
alternative to complying with the requirements in Sec.  60.5397a(f)(1), 
(g)(1), (3), and (4), (h), and (i), provided the monitoring instrument 
used is optical gas imaging or a Method 21 instrument (see appendix A-7 
of this part) with a leak definition and reading of 500 ppm or greater. 
Monitoring must be conducted on at least a semiannual basis and skip 
periods cannot be applied. The information specified in Sec.  
60.5420a(b)(7)(iii)(A) and the information specified in either Sec.  
60.5420a(b)(7)(iii)(B) or (C) may be provided as an alternative to the 
requirements in Sec.  60.5397a(j).
    (i) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a compressor station in the 
State of Ohio. An affected facility, which is the collection of fugitive 
emissions components, as defined in Sec.  60.5430a, located at a 
compressor station in the State of Ohio may elect to comply with the 
monitoring, repair, and recordkeeping requirements in Ohio General 
Permit 18.1, effective February 7, 2017, as an alternative to complying 
with the requirements in Sec.  60.5397a(f)(2), (g)(2) through (4), (h), 
and (i), provided the monitoring instrument used is optical gas imaging 
or a Method 21 instrument

[[Page 725]]

(see appendix A-7 of this part) with a leak definition and reading of 
500 ppm or greater. Monitoring must be conducted on at least a 
semiannual basis and skip periods cannot be applied. The information 
specified in Sec.  60.5420a(b)(7)(iii)(A) and the information specified 
in either Sec.  60.5420a(b)(7)(iii)(B) or (C) may be provided as an 
alternative to the requirements in Sec.  60.5397a(j).
    (j) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a well site in the State of 
Pennsylvania. An affected facility, which is the collection of fugitive 
emissions components, as defined in Sec.  60.5430a, located at a well 
site in the State of Pennsylvania may elect to comply with the 
monitoring, repair, and recordkeeping requirements in Pennsylvania 
General Permit 5A, section G, effective August 8, 2018, as an 
alternative to complying with the requirements in Sec.  60.5397a(f)(2), 
(g)(2) through (4), (h), and (i), provided the monitoring instrument 
used is an optical gas imaging or a Method 21 instrument (see appendix 
A-7 of this part). The information specified in Sec.  
60.5420a(b)(7)(iii)(A) and the information specified in either Sec.  
60.5420a(b)(7)(iii)(B) or (C) may be provided as an alternative to the 
requirements in Sec.  60.5397a(j).
    (k) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a compressor station in the 
State of Pennsylvania. An affected facility, which is the collection of 
fugitive emissions components, as defined in Sec.  60.5430a, located at 
a compressor station in the State of Pennsylvania may elect to comply 
with the monitoring, repair, and recordkeeping requirements in 
Pennsylvania General Permit 5, section G, effective August 8, 2018, as 
an alternative to complying with the requirements in Sec.  
60.5397a(f)(2), (g)(2) through (4), (h), and (i), provided the 
monitoring instrument used is an optical gas imaging or a Method 21 
instrument (see appendix A-7 of this part). The information specified in 
Sec.  60.5420a(b)(7)(iii)(A) and the information specified in either 
Sec.  60.5420a(b)(7)(iii)(B) or (C) may be provided as an alternative to 
the requirements in Sec.  60.5397a(j).
    (l) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a well site in the State of 
Texas. An affected facility, which is the collection of fugitive 
emissions components, as defined in Sec.  60.5430a, located at a well 
site in the State of Texas may elect to comply with the monitoring, 
repair, and recordkeeping requirements in the Air Quality Standard 
Permit for Oil and Gas Handling and Production Facilities, section 
(e)(6), effective November 8, 2012, or at 30 Texas Administrative Code 
section 116.620, effective September 4, 2000, as an alternative to 
complying with the requirements in Sec.  60.5397a(f)(2), (g)(2) through 
(4), (h), and (i), provided the monitoring instrument used is optical 
gas imaging or a Method 21 instrument (see appendix A-7 of this part) 
with a leak definition and reading of 500 ppm or greater. Monitoring 
must be conducted on at least a semiannual basis and skip periods may 
not be applied. If using the requirement in this paragraph (l), the 
information specified in Sec.  60.5420a(b)(7)(iii)(A) and (C) must be 
provided in lieu of the requirements in Sec.  60.5397a(j).
    (m) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a compressor station in the 
State of Texas. An affected facility, which is the collection of 
fugitive emissions components, as defined in Sec.  60.5430a, located at 
a compressor in the State of Texas may elect to comply with the 
monitoring, repair, and recordkeeping requirements in the Air Quality 
Standard Permit for Oil and Gas Handling and Production Facilities, 
section (e)(6), effective November 8, 2012, or at 30 Texas 
Administrative Code section 116.620, effective September 4, 2000, as an 
alternative to complying with the requirements in Sec.  60.5397a(f)(2), 
(g)(2) through (4), (h), and (i), provided the monitoring instrument 
used is optical gas imaging or a Method 21 instrument (see appendix A-7 
of this part) with a leak definition and reading of 500 ppm or greater. 
Monitoring must be conducted on at least a semiannual basis and skip 
periods may not be applied. If using the alternative in this paragraph 
(m), the information specified in Sec.  60.5420a(b)(7)(iii)(A) and

[[Page 726]]

(C) must be provided in lieu of the requirements in Sec.  60.5397a(j).
    (n) Alternative fugitive emissions requirements for the collection 
of fugitive emissions components located at a well site in the State of 
Utah. An affected facility, which is the collection of fugitive 
emissions components, as defined in Sec.  60.5430a, and is required to 
control emissions in accordance with Utah Administrative Code R307-506 
and R307-507, located at a well site in the State of Utah may elect to 
comply with the monitoring, repair, and recordkeeping requirements in 
the Utah Administrative Code R307-509, effective March 2, 2018, as an 
alternative to complying with the requirements in Sec.  60.5397a(f)(2), 
(g)(2) through (4), (h), and (i). If using the alternative in this 
paragraph (n), the information specified in Sec.  60.5420a(b)(7)(iii)(A) 
and (C) must be provided in lieu of the requirements in Sec.  
60.5397a(j).

[85 FR 57443, Sept. 15, 2020]



Sec.  60.5400a  What equipment leak VOC 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 located at an onshore natural gas 
processing plant.
    (a) You must comply with the requirements of Sec. Sec.  60.482-
1a(a), (b), (d), and (e), 60.482-2a, and 60.482-4a through 60.482-11a, 
except as provided in Sec.  60.5401a, as soon as practicable but no 
later than 180 days after the initial startup of the process unit.
    (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.  
60.5402a.
    (d) You must comply with the provisions of Sec.  60.485a except as 
provided in paragraph (f) of this section.
    (e) You must comply with the provisions of Sec. Sec.  60.486a and 
60.487a except as provided in Sec. Sec.  60.5401a, 60.5421a, and 
60.5422a.
    (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.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57071, Sept. 14, 2020; 
85 FR 57445, Sept. 15, 2020]



Sec.  60.5401a  What are the exceptions to the equipment leak VOC
standards for affected facilities at onshore natural gas processing plants?

    (a) You may comply with the following exceptions to the provisions 
of Sec.  60.5400a(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. Sec.  60.5400a(c) and in paragraph (b)(4) of this 
section, and 60.482-4a(a) through (c) of subpart VVa of this part.
    (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 727]]

pressure release the next time the monitoring personnel are onsite, 
instead of within 5 days as specified in paragraph (b)(1) of this 
section and Sec.  60.482-4a(b)(1).
    (ii) No pressure relief device described in paragraph (b)(4)(i) of 
this section may 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 monitoring requirements of Sec. Sec.  60.482-2a(a)(1), 60.482-7a(a), 
and 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]Celsius (302 
[deg]Fahrenheit) 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]Celsius (302 
[deg]Fahrenheit) 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). For each scale, divide the arithmetic difference of the 
most recent calibration and the post-test calibration response by the 
corresponding calibration gas 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 most recent 
calibration response, 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 most recent calibration response, 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 85 FR 57445, Sept. 15, 2020]



Sec.  60.5402a  What are the alternative means of emission limitations
for VOC 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

[[Page 728]]

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) An application submitted under paragraph (c) of this section 
must meet the following criteria:
    (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) The application must include operation, maintenance, and other 
provisions necessary to assure reduction in VOC emissions at least 
equivalent to the reduction in VOC emissions achieved under the design, 
equipment, work practice or operational standard in paragraph (a) of 
this section by including the information specified in paragraphs 
(d)(2)(i) through (x) of this section.
    (i) A description of the technology or process.
    (ii) The monitoring instrument and measurement technology or 
process.
    (iii) A description of performance based procedures (i.e. method) 
and data quality indicators for precision and bias; the method detection 
limit of the technology or process.
    (iv) The action criteria and level at which a fugitive emission 
exists.
    (v) Any initial and ongoing quality assurance/quality control 
measures.
    (vi) Timeframes for conducting ongoing quality assurance/quality 
control.
    (vii) Field data verifying viability and detection capabilities of 
the technology or process.
    (viii) Frequency of measurements.
    (ix) Minimum data availability.
    (x) Any restrictions for using the technology or process.
    (3) The application must include initial and continuous compliance 
procedures including recordkeeping and reporting.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57071, Sept. 14, 2020]



Sec.  60.5405a  What standards apply to sweetening unit affected
facilities?

    (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.  60.5406a  What test methods and procedures must I use for my 
sweetening unit affected facilities?

    (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 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.  60.5405a(a) and (b) as 
follows:
    (1) The average sulfur feed rate (X) must be computed as follows:

X = KQaY

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.  60.5408a 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

[[Page 729]]

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 (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.
    (c) You must determine compliance with the SO2 standards 
in Sec.  60.5405a(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:

R = (100S)/(S + E)

    (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:

E = CeQsd/K1

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 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-1 
of this part 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-4 of this part 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. In place of 
Method 6 of appendix A of this part, you may use ANSI/ASME PTC 19.10-
1981, Part 10 (manual portion only) (incorporated by reference as 
specified in Sec.  60.17).
    (ii) You must use Method 15 of appendix A-5 of this part 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 of appendix A-6 of this part or Method 
15 of appendix A-5 of this part 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 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-1 of this part 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)

[[Page 730]]

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.  60.5407a  What are the requirements for monitoring of emissions
and operations from my sweetening unit affected facilities?

    (a) If your sweetening unit affected facility is subject to the 
provisions of Sec.  60.5405a(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.  60.5406a(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.  60.5406a(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.  60.5405a(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.  60.5405a(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.  60.5405a(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.  
60.5405a, the temperature of the gas leaving the incinerator

[[Page 731]]

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.  60.5405a(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.  60.5406a(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:
[GRAPHIC] [TIFF OMITTED] TR03JN16.001


[[Page 732]]


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 of this part must apply, and Method 6 of 
appendix A-4 of this part must be used for systems required by paragraph 
(b) of this section. In place of Method 6 of appendix A-4 of this part, 
ASME PTC 19.10-1981 (incorporated by reference--see Sec.  60.17) may be 
used.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57445, Sept. 15, 2020]



Sec.  60.5408a  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 10 grains per 1000 cubic foot or more, a 100 ml 
Tutwiler burette is used. For concentrations less than 10 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 that 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 (KI) 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 through (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

[[Page 733]]

(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 734]]

[GRAPHIC] [TIFF OMITTED] TR03JN16.002


[[Page 735]]





Sec.  60.5410a  How do I demonstrate initial compliance with the standards
for my well, centrifugal compressor, reciprocating compressor, pneumatic 
controller, 
          pneumatic pump, storage vessel, collection of fugitive 
          emissions components at a well site, collection of fugitive 
          emissions components at a compressor station, and equipment 
          leaks at onshore natural gas processing plants and sweetening 
          unit affected facilities?

    You must determine initial compliance with the standards for each 
affected facility using the requirements in paragraphs (a) through (k) 
of this section. Except as otherwise provided in this section, the 
initial compliance period begins on August 2, 2016, or upon initial 
startup, whichever is later, and ends no later than 1 year after the 
initial startup date for your affected facility or no later than 1 year 
after August 2, 2016. The initial compliance period may be less than 1 
full year.
    (a) To achieve initial compliance with the VOC standards for each 
well completion operation conducted at your well affected facility you 
must comply with paragraphs (a)(1) through (4) of this section.
    (1) You must submit the notification required in Sec.  
60.5420a(a)(2).
    (2) You must submit the initial annual report for your well affected 
facility as required in Sec.  60.5420a(b)(1) and (2).
    (3) You must maintain a log of records as specified in Sec.  
60.5420a(c)(1)(i) through (iv), as applicable, for each well completion 
operation conducted during the initial compliance period. If you meet 
the exemption for wells with a GOR less than 300 scf per stock barrel of 
oil produced, you do not have to maintain the records in Sec.  
60.5420a(c)(1)(i) through (iv) and must maintain the record in Sec.  
60.5420a(c)(1)(vi).
    (4) For each well affected facility subject to both Sec.  
60.5375a(a)(1) and (3), as an alternative to retaining the records 
specified in Sec.  60.5420a(c)(1)(i) through (iv), you may maintain 
records in accordance with Sec.  60.5420a(c)(1)(v) 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 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 
GPS device within the same digital picture, provided the latitude and 
longitude output of the GPS 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.  60.5380a(a) and as demonstrated 
by the requirements of Sec.  60.5413a.
    (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.  60.5411a(b) that is connected through a closed 
vent system that meets the requirements of Sec.  60.5411a(a) and (d) and 
is routed to a control device that meets the conditions specified in 
Sec.  60.5412a(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.  60.5413a within 180 days after initial startup or by August 2, 
2016, whichever is later, and you must comply with the continuous 
compliance requirements in Sec.  60.5415a(b).
    (4) You must conduct the initial inspections required in Sec.  
60.5416a(a) and (b).
    (5) You must install and operate the continuous parameter monitoring 
systems in accordance with Sec.  60.5417a(a) through (g), as applicable.
    (6) [Reserved]
    (7) You must submit the initial annual report for your centrifugal 
compressor affected facility as required in Sec.  60.5420a(b)(1) and 
(3).

[[Page 736]]

    (8) You must maintain the records as specified in Sec.  
60.5420a(c)(2), (6) through (11), and (17), as applicable.
    (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.
    (1) If complying with Sec.  60.5385a(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 initial startup, 
since August 2, 2016, or since the last rod packing replacement, 
whichever is latest.
    (2) If complying with Sec.  60.5385a(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.  60.5411a(a) and (d).
    (3) You must submit the initial annual report for your reciprocating 
compressor as required in Sec.  60.5420a(b)(1) and (4).
    (4) You must maintain the records as specified in Sec.  
60.5420a(c)(3) for each reciprocating compressor affected facility.
    (d) To achieve initial compliance with VOC 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.  60.5420a(c)(4)(ii) of your determination that the 
use of a pneumatic controller affected facility with a bleed rate 
greater than the applicable standard is required as specified in Sec.  
60.5390a(b)(1) or (c)(1).
    (2) If you own or operate a pneumatic controller affected facility 
located at a natural gas processing plant, your pneumatic controller 
must be driven by a gas other than natural gas, resulting in zero 
natural gas emissions.
    (3) If you own or operate a pneumatic controller affected facility 
located other than at a natural gas processing plant, the controller 
manufacturer's design specifications for the controller must 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.  60.5390a(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.  
60.5420a(b)(1) and (5).
    (6) You must maintain the records as specified in Sec.  
60.5420a(c)(4) for each pneumatic controller affected facility.
    (e) To achieve initial compliance with emission standards for your 
pneumatic pump affected facility you must comply with the requirements 
specified in paragraphs (e)(1) through (7) of this section, as 
applicable.
    (1) If you own or operate a pneumatic pump affected facility located 
at a natural gas processing plant, your pneumatic pump must be driven by 
a gas other than natural gas, resulting in zero natural gas emissions.
    (2) If you own or operate a pneumatic pump affected facility located 
at a well site, you must reduce emissions in accordance with Sec.  
60.5393a(b)(1) or (2), and you must collect the pneumatic pump emissions 
through a closed vent system that meets the requirements of Sec.  
60.5411a(d) and (e).
    (3) If you own or operate a pneumatic pump affected facility located 
at a well site and there is no control device or process available on 
site, you must submit the certification in Sec.  60.5420a(b)(8)(i)(A).
    (4) If you own or operate a pneumatic pump affected facility located 
at a well site, and you are unable to route to an existing control 
device or to a process due to technical infeasibility, you must submit 
the certification in Sec.  60.5420a(b)(8)(i)(B).
    (5) If you own or operate a pneumatic pump affected facility located 
at a well site and you reduce emissions in accordance with Sec.  
60.5393a(b)(4), you must collect the pneumatic pump emissions through a 
closed vent system that

[[Page 737]]

meets the requirements of Sec.  60.5411a(d) and (e).
    (6) You must submit the initial annual report for your pneumatic 
pump affected facility required in Sec.  60.5420a(b)(1) and (8).
    (7) You must maintain the records as specified in Sec.  
60.5420a(c)(6), (8) through (10), (16), and (17), as applicable, for 
each pneumatic pump affected facility.
    (f) For affected facilities at onshore natural gas processing 
plants, initial compliance with the VOC standards is demonstrated if you 
are in compliance with the requirements of Sec.  60.5400a.
    (g) For sweetening unit affected facilities, 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.  60.5405a(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.  
60.5406a(c)(1).
    (3) You must submit the results of paragraphs (g)(1) and (2) of this 
section in the initial annual report submitted for your sweetening unit 
affected facilities.
    (h) For each storage vessel affected facility you must comply with 
paragraphs (h)(1) through (6) of this section. Except as otherwise 
provided in this paragraph (h), you must demonstrate initial compliance 
by August 2, 2016, or within 60 days after startup, whichever is later.
    (1) You must determine the potential VOC emission rate as specified 
in Sec.  60.5365a(e).
    (2) You must reduce VOC emissions in accordance with Sec.  
60.5395a(a).
    (3) If you use a control device to reduce emissions, you must equip 
the storage vessel with a cover that meets the requirements of Sec.  
60.5411a(b) and is connected through a closed vent system that meets the 
requirements of Sec.  60.5411a(c) and (d) to a control device that meets 
the conditions specified in Sec.  60.5412a(d) within 60 days after 
startup for storage vessels constructed, modified, or reconstructed at 
well sites with no other wells in production, or upon startup for 
storage vessels constructed, modified, or reconstructed at well sites 
with one or more wells already in production.
    (4) You must conduct an initial performance test as required in 
Sec.  60.5413a within 180 days after initial startup or within 180 days 
of August 2, 2016, whichever is later, and you must comply with the 
continuous compliance requirements in Sec.  60.5415a(e).
    (5) You must submit the information required for your storage vessel 
affected facility in your initial annual report as specified in Sec.  
60.5420a(b)(1) and (6).
    (6) You must maintain the records required for your storage vessel 
affected facility, as specified in Sec.  60.5420a(c)(5) through (8), 
(12) through (14), and (17), as applicable, for each storage vessel 
affected facility.
    (i) For each storage vessel affected facility that complies by using 
a floating roof, you must submit a statement that you are complying with 
Sec.  60.112(b)(a)(1) or (2) in accordance with Sec.  60.5395a(b)(2) 
with the initial annual report specified in Sec.  60.5420a(b).
    (j) To achieve initial compliance with the fugitive emission 
standards for each collection of fugitive emissions components at a well 
site and each collection of fugitive emissions components at a 
compressor station you must comply with paragraphs (j)(1) through (5) of 
this section.
    (1) You must develop a fugitive emissions monitoring plan as 
required in Sec.  60.5397a(b), (c), and (d).
    (2) You must conduct an initial monitoring survey as required in 
Sec.  60.5397a(f).
    (3) You must maintain the records specified in Sec.  
60.5420a(c)(15).
    (4) You must repair each identified source of fugitive emissions for 
each affected facility as required in Sec.  60.5397a(h).

[[Page 738]]

    (5) You must submit the initial annual report for each collection of 
fugitive emissions components at a well site and each collection of 
fugitive emissions components at a compressor station compressor station 
as required in Sec.  60.5420a(b)(1) and (7).
    (k) To demonstrate initial compliance with the requirement to 
maintain the total well site production at or below 15 boe per day based 
on a rolling 12-month average, as specified in Sec.  60.5397a(a)(2), you 
must comply with paragraphs (k)(1) through (3) of this section.
    (1) You must demonstrate that the total daily combined oil and 
natural gas production for all wells at the well site is at or below 15 
boe per day, based on a 12-month average from the previous 12 months of 
operation, according to paragraphs (k)(1)(i) through (iii) of this 
section within 45 days of the end of each month. The rolling 12-month 
average of the total well site production determined according to 
paragraph (k)(1)(iii) of this section must be at or below 15 boe per 
day.
    (i) Determine the daily combined oil and natural gas production for 
each individual well at the well site for the month. To convert gas 
production to equivalent barrels of oil, divide the cubic feet of gas 
produced by 6,000.
    (ii) Sum the daily production for each individual well at the well 
site to determine the total well site production and divide by the 
number of days in the month. This is the average daily total well site 
production for the month.
    (iii) Use the result determined in paragraph (k)(1)(ii) of this 
section and average with the daily total well site production values 
determined for each of the preceding 11 months to calculate the rolling 
12-month average of the total well site production.
    (2) You must maintain records as specified in Sec.  
60.5420a(c)(15)(ii).
    (3) You must submit compliance information in the initial and 
subsequent annual reports as specified in Sec.  60.5420a(b)(7)(i)(C) and 
(b)(7)(iv).

[81 FR 35898, June 3, 2016, as amended at 82 FR 25733, June 5, 2017; 85 
FR 57071, Sept. 14, 2020; 85 FR 57445, Sept. 15, 2020]



Sec.  60.5411a  What additional requirements must I meet to determine 
initial compliance for my covers and closed vent systems routing emissions
from 
          centrifugal compressor wet seal fluid degassing systems, 
          reciprocating compressors, pneumatic pumps and storage 
          vessels?

    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 centrifugal compressor wet seal degassing systems, 
reciprocating compressors, pneumatic pumps, and storage vessels.
    (a) Closed vent system requirements for reciprocating compressors 
and centrifugal compressor wet seal degassing systems.
    (1) You must design the closed vent system to route all gases, 
vapors, and fumes emitted from the reciprocating compressor rod packing 
emissions collection system to a process. You must design the closed 
vent system to route all gases, vapors, and fumes emitted from the 
centrifugal compressor wet seal fluid degassing system to a process or a 
control device that meets the requirements specified in Sec.  
60.5412a(a) through (c).
    (2) You must design and operate the closed vent system with no 
detectable emissions as demonstrated by Sec.  60.5416a(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.  
60.5416a(a)(4)(i) and 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

[[Page 739]]

away from the control device or process to the atmosphere. You must 
maintain records of each time the alarm is activated according to Sec.  
60.5420a(c)(8).
    (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 fluid degassing systems.
    (1) The cover and all openings on the cover (e.g., access hatches, 
sampling ports, pressure relief devices 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 system designed and operated in accordance with the requirements of 
paragraph (a) or (c), and (d), 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 and sealed under normal operating 
conditions, including such times when working, standing/breathing, and 
flash emissions may be generated. 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 
affected facility to a control device that meets the requirements 
specified in Sec.  60.5412a(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 or optical gas imaging inspections as specified in 
Sec.  60.5416a(c).
    (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. You must maintain records of each time the 
alarm is activated according to Sec.  60.5420a(c)(8).
    (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.
    (d) Closed vent systems requirements for centrifugal compressor wet 
seal fluid degassing systems, reciprocating

[[Page 740]]

compressors, pneumatic pumps and storage vessels using a control device 
or routing emissions to a process.
    (1) You must conduct an assessment that the closed vent system is of 
sufficient design and capacity to ensure that all emissions from the 
affected facility are routed to the control device and that the control 
device is of sufficient design and capacity to accommodate all emissions 
from the affected facility, and have it certified by a qualified 
professional engineer or an in-house engineer with expertise on the 
design and operation of the closed vent system in accordance with 
paragraphs (d)(1)(i) and (ii) of this section.
    (i) You must provide the following certification, signed and dated 
by a qualified professional engineer or an in-house engineer: ``I 
certify that the closed vent system design and capacity assessment was 
prepared under my direction or supervision. I further certify that the 
closed vent system design and capacity assessment was conducted and this 
report was prepared pursuant to the requirements of subpart OOOOa of 40 
CFR part 60. Based on my professional knowledge and experience, and 
inquiry of personnel involved in the assessment, the certification 
submitted herein is true, accurate, and complete.''
    (ii) The assessment shall be prepared under the direction or 
supervision of a qualified professional engineer or an in-house engineer 
who signs the certification in paragraph (d)(1)(i) of this section.
    (2) [Reserved]
    (e) Closed vent system requirements for pneumatic pump 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 pneumatic pump to a control device or 
a process.
    (2) You must design and operate a closed vent system with no 
detectable emissions, as demonstrated by Sec.  60.5416a(b), olfactory, 
visual, and auditory inspections or optical gas imaging inspections as 
specified in Sec.  60.5416a(d).
    (3) You must meet the requirements specified in paragraphs (e)(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 (e)(3)(ii) of this section, you 
must comply with either paragraph (e)(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. You must maintain records of each time the 
alarm is activated according to Sec.  60.5420a(c)(8).
    (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 (e)(3)(i) of this section.

[81 FR 35898, June 3, 2016, as amended at 82 FR 25733, June 5, 2017; 85 
FR 57446, Sept. 15, 2020]



Sec.  60.5412a  What additional requirements must I meet for determining 
initial compliance with control devices used to comply with the emission
standards for 
          my centrifugal compressor, and storage vessel affected 
          facilities?

    You must meet the applicable requirements of this section for each 
control device used to comply with the emission standards for your 
centrifugal compressor affected facility, or storage vessel affected 
facility.
    (a) Each control device used to meet the emission reduction standard 
in Sec.  60.5380a(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.  60.5413a(d), which meets the criteria in

[[Page 741]]

Sec.  60.5413a(d)(11) and meet the continuous compliance requirements in 
Sec.  60.5413a(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. 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.
    (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.  60.5413a(b), with the 
exceptions noted in Sec.  60.5413a(a).
    (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 275 parts 
per million by volume as propane on a wet basis corrected to 3 percent 
oxygen as determined in accordance with the applicable requirements of 
Sec.  60.5413a(b), with the exceptions noted in Sec.  60.5413a(a).
    (iii) You must operate at a minimum temperature of 760 [deg]Celsius, 
provided the control device has demonstrated, during the performance 
test conducted under Sec.  60.5413a(b), that combustion zone temperature 
is an indicator of destruction efficiency.
    (iv) You must introduce the vent stream with the primary fuel or use 
the vent stream as the primary fuel in a 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.  60.5413a(b). As an alternative to the 
performance testing requirements in Sec.  60.5413a(b), you may 
demonstrate initial compliance by conducting a design analysis for vapor 
recovery devices according to the requirements of Sec.  60.5413a(c).
    (3) You must design and operate a flare in accordance with the 
requirements of Sec.  60.18(b), and you must conduct the compliance 
determination using Method 22 of appendix A-7 of this part to determine 
visible emissions.
    (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.  60.5380a(a)(1) 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.  60.5417a(a) through (g), you must demonstrate 
compliance according to the requirements of Sec.  60.5415a(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) and (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.  60.5413a(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.  60.5420a(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 (vi) of this section.
    (i) Regenerate or reactivate the spent carbon in a 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 unit equipped 
with an

[[Page 742]]

operating organic air emission controls in accordance with an emissions 
standard for VOC under another subpart in 40 CFR part 63 or this part.
    (iii) Burn the spent carbon in a hazardous waste incinerator for 
which the owner or operator complies with the requirements of 40 CFR 
part 63, subpart EEE and has submitted a Notification of Compliance 
under 40 CFR 63.1207(j).
    (iv) Burn the spent carbon in a hazardous waste boiler or industrial 
furnace for which the owner or operator complies with the requirements 
of 40 CFR part 63, subpart EEE and has submitted a Notification of 
Compliance under 40 CFR 63.1207(j).
    (v) Burn the spent carbon in an 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.
    (vi) Burn the spent carbon in an 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.  60.5395a(a)(2) for your storage vessel affected facility must 
be installed according to paragraphs (d)(1) through (4) 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.  60.5413a(d), 
which meets the criteria in Sec.  60.5413a(d)(11) and meet the 
continuous compliance requirements in Sec.  60.5413a(e).
    (1) For each combustion control device (e.g., thermal vapor 
incinerator, catalytic vapor incinerator, boiler, or process heater) you 
must meet the requirements in paragraphs (d)(1)(i) through (iv) of this 
section.
    (i) Ensure that each enclosed combustion control device is 
maintained in a leak free condition.
    (ii) Install and operate a continuous burning pilot flame.
    (iii) Operate the combustion control device with no visible 
emissions, except for periods not to exceed a total of 1 minute during 
any 15 minute period. A visible emissions test using section 11 of EPA 
Method 22 of appendix A-7 of this part 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 of appendix A-7 of 
this part visual observation as described in this paragraph.
    (iv) Each enclosed combustion control 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 (d)(1)(iv)(A) through (D) of this 
section. 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.
    (A) 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.  60.5413a(b).
    (B) 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 275 parts per 
million by volume as propane on a wet basis corrected to 3 percent 
oxygen as determined in accordance with the applicable requirements of 
Sec.  60.5413a(b).
    (C) You must operate at a minimum temperature of 760 [deg]Celsius, 
provided the control device has demonstrated, during the performance 
test conducted under Sec.  60.5413a(b), that combustion zone temperature 
is an indicator of destruction efficiency.
    (D) You must introduce the vent stream with the primary fuel or use 
the vent stream as the primary fuel in a 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

[[Page 743]]

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 design and operate a flare in accordance with the 
requirements of Sec.  60.18(b), and you must conduct the compliance 
determination using Method 22 of appendix A-7 of this part to determine 
visible emissions.
    (4) 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.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57071, Sept. 14, 2020; 
85 FR 57447, Sept. 15, 2020]



Sec.  60.5413a  What are the performance testing procedures for control
devices used to demonstrate compliance at my centrifugal compressor and
storage vessel affected facilities?

    This section applies to the performance testing of control devices 
used to demonstrate compliance with the emissions standards for your 
centrifugal compressor affected facility or storage vessel affected 
facility. You must demonstrate that a control device achieves the 
performance requirements of Sec.  60.5412a(a)(1) or (2) or (d)(1) or (2) 
using the performance test methods and procedures specified in this 
section. For condensers and carbon adsorbers, 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 control device 
performance tests conducted by the manufacturer applicable to 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 
of appendix A-7 of this part 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 been issued a final permit under 40 CFR part 270 and comply with 
the requirements of 40 CFR part 266, subpart H; you have certified 
compliance with the interim status requirements of 40 CFR part 266, 
subpart H; you have submitted a Notification of Compliance under 40 CFR 
63.1207(j) and comply with the requirements of 40 CFR part 63, subpart 
EEE; or you comply with 40 CFR part 63, subpart EEE and will submit a 
Notification of Compliance under 40 CFR 63.1207(j) by the date specified 
in Sec.  60.5420(b)(9) for submitting the initial performance test 
report.
    (5) A hazardous waste incinerator for which you have submitted a 
Notification of Compliance under 40 CFR 63.1207(j), or for which you 
will submit a Notification of Compliance under 40 CFR 63.1207(j) by the 
date specified in Sec.  60.5420a(b)(9) for submitting the initial 
performance test report, and you comply with the requirements of 40 CFR 
part 63, subpart EEE.
    (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.  60.5412a(a)(1) or (d)(1) 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.  60.5412a(a)(1) or (2) or 
(d)(1) or (2). You must conduct the initial and periodic performance 
tests according to the schedule specified in paragraph (b)(5) of

[[Page 744]]

this section. Each performance test must consist of a minimum of 3 test 
runs. Each run must be at least 1 hour long.
    (1) You must use Method 1 or 1A of appendix A-1 of this part, 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 a control device percent reduction requirement.
    (ii) The sampling site must be located at the outlet of the 
combustion device to determine compliance with a TOC exhaust gas 
concentration limit.
    (2) You must determine the gas volumetric flowrate using Method 2, 
2A, 2C, or 2D of appendix A-2 of this part, as appropriate.
    (3) To determine compliance with the control device percent 
reduction performance requirement in Sec.  60.5412a(a)(1)(i), (a)(2) or 
(d)(1)(iv)(A), you must use Method 25A of appendix A-7 of this part. You 
must use Method 4 of appendix A-3 of this part to convert the Method 25A 
results to a dry basis. You must use the procedures in paragraphs 
(b)(3)(i) through (iii) of this section to calculate percent reduction 
efficiency.
    (i) You must compute the mass rate of TOC using the following 
equations:

Ei = K2CiMpQi
Eo = K2CoMpQo

Where:

Ei, Eo = Mass rate of TOC at the inlet and outlet 
          of the control device, respectively, dry basis, kilograms per 
          hour.
K2 = Constant, 2.494 x 10-6 (parts per million) 
          (gram-mole per standard cubic meter) (kilogram/gram) (minute/
          hour), where standard temperature (gram-mole per standard 
          cubic meter) is 20 [deg]Celsius.
Ci, Co = Concentration of TOC, as propane, of the 
          gas stream as measured by Method 25A at the inlet and outlet 
          of the control device, respectively, dry basis, parts per 
          million by volume.
Mp = Molecular weight of propane, 44.1 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.

    (ii) You must calculate the percent reduction in TOC as follows:
    [GRAPHIC] [TIFF OMITTED] TR03JN16.003
    
Where:

Rcd = Control efficiency of control device, percent.
Ei, = Mass rate of TOC at the inlet to the control device as 
          calculated under paragraph (b)(3)(i) of this section, 
          kilograms per hour.
Eo = Mass rate of TOC at the outlet of the control device, as 
          calculated under paragraph (b)(3)(i) of this section, 
          kilograms per hour.

    (iii) 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 across the device by comparing the TOC in all 
combusted vent streams and primary and secondary fuels with the TOC 
exiting the device, respectively.
    (4) You must use Method 25A of appendix A-7 of this part to measure 
TOC, as propane, to determine compliance with the TOC exhaust gas 
concentration limit specified in Sec.  60.5412a(a)(1)(ii) or 
(d)(1)(iv)(B). You may also use Method 18 of appendix A-6 of this part 
to measure methane and ethane. You may subtract the measured 
concentration of methane and ethane from the Method 25A measurement to 
demonstrate compliance with the concentration limit. You must determine 
the concentration in parts per million by volume on a wet basis and 
correct it to 3 percent oxygen, using the procedures in paragraphs 
(b)(4)(i) through (iii) of this section.
    (i) If you use Method 18 to determine methane and ethane, 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. You must determine the average methane and ethane 
concentration per run. The samples must be taken during the same time as 
the Method 25A sample.
    (ii) You may subtract the concentration of methane and ethane from 
the

[[Page 745]]

Method 25A TOC, as propane, concentration for each run.
    (iii) You must correct the TOC concentration (minus methane and 
ethane, if applicable) to 3 percent oxygen as specified in paragraphs 
(b)(4)(iii)(A) and (B) of this section.
    (A) You must use the emission rate correction factor for excess air, 
integrated sampling and analysis procedures of Method 3A or 3B of 
appendix A-2 of this part, 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] TR03JN16.004

Where:

Cc = TOC concentration, as propane, corrected to 3 percent 
          oxygen, parts per million by volume on a wet basis.
Cm = TOC concentration, as propane, (minus methane and 
          ethane, if applicable), parts per million by volume on a wet 
          basis.
%O2m = Concentration of oxygen, percent by volume as 
          measured, wet.

    (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.  60.5420a(b)(9).
    (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.  60.5420a(b)(9).
    (A) A control device whose model is tested under, and meets the 
criteria of paragraph (d) of this section. For centrifugal compressor 
affected facilities, if you do not continuously monitor the gas flow 
rate in accordance with Sec.  60.5417a(d)(1)(viii), then you must comply 
with the periodic performance testing requirements of paragraph 
(b)(5)(ii).
    (B) A combustion control device tested under paragraph (b) of this 
section that meets the outlet TOC performance level specified in Sec.  
60.5412a(a)(1)(ii) or (d)(1)(iv)(B) and that establishes a correlation 
between firebox or combustion chamber temperature and the TOC 
performance level. For centrifugal compressor affected facilities, you 
must establish a limit on temperature in accordance with Sec.  
60.5417a(f) and continuously monitor the temperature as required by 
Sec.  60.5417a(d).
    (c) Control device design analysis to meet the requirements of Sec.  
60.5412a(a)(2) or (d)(2). (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.

[[Page 746]]

    (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 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 
shall 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 (d) 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 1-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) and (ii) of this section.
    (i) The inlet gas flow metering system must be located in accordance 
with Method 2A of appendix A-1 of this part (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

[[Page 747]]

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 of appendix 
A-1 of this part. Record the start and stop reading for each 60-minute 
THC 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) and (ii) of this section.
    (i) At the inlet gas sampling location, securely connect a fused 
silica-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 (incorporated by reference as 
specified in Sec.  60.17).
    (B) Hydrogen (H2), carbon monoxide (CO), carbon dioxide 
(CO2), nitrogen (N2), oxygen (O2) using 
ASTM D1945-03 (incorporated by reference as specified in Sec.  60.17).
    (C) Higher heating value using ASTM D3588-98 or ASTM D4891-89 
(incorporated by reference as specified in Sec.  60.17).
    (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) and (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 of appendix A-1 of 
this part for determining flow measurement traverse point location, and 
Method 2 of appendix A-1 of this part 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 moisture 
test required by Method 4 of appendix A-3 of this part following the 
procedure specified in (d)(7)(i)(A) and (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) and (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.

[[Page 748]]

    (D) The GC-TCD calibration procedure in Method 3C of appendix A-2 of 
this part 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 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 of appendix A-3 of this part. 
Traverse both ports with the sampling train required by Method 4 of 
appendix A-3 of this part during each test run. Ambient air must not be 
introduced into the integrated bag sample required by Method 3C of 
appendix A-2 of this part during the port change.
    (iii) Excess air must be determined using resultant data from the 
EPA Method 3C tests and EPA Method 3B of appendix A-2 of this part, 
equation 3B-1, or ANSI/ASME PTC 19.10-1981, Part 10 (manual portion 
only) (incorporated by reference as specified in Sec.  60.17).
    (8) Carbon monoxide must be determined using Method 10 of appendix 
A-4 of this part. Run the test simultaneously with Method 25A of 
appendix A-7 of this part 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 of appendix A-7 of this 
part, 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 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 
propane) 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,'' (incorporated by 
reference as specified in Sec.  60.17).
    (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 of appendix A-2 of this part. You must use the 
following equation for this diluent concentration correction:
[GRAPHIC] [TIFF OMITTED] TR03JN16.005

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 of 
appendix A-7 of this part. 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) Results from Method 22 of appendix A-7 of this part determined 
under paragraph (d)(10) of this section with no indication of visible 
emissions.
    (B) Average results from Method 25A of appendix A-7 of this part 
determined

[[Page 749]]

under paragraph (d)(9) of this section equal to or less 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 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 manufacturer must demonstrate a destruction efficiency of at 
least 95 percent for THC, as propane. A control device model that 
demonstrates a destruction efficiency of 95 percent for THC, as propane, 
will meet the control requirement for 95-percent destruction of VOC (if 
applicable) required under this subpart.
    (12) The owner or operator of a combustion control device model 
tested under this paragraph (d)(12) must submit the information listed 
in paragraphs (d)(12)(i) through (vi) of this section for each test run 
in the test report required by this section in accordance with Sec.  
60.5420a(b)(10). Owners or operators who claim that any of the 
performance test information being submitted is confidential business 
information (CBI) must submit a complete file including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to Attn: CBI Document Control Officer; 
Office of Air Quality Planning and Standards (OAQPS), Room 521; 109 T.W. 
Alexander Drive; Research Triangle Park, NC 27711. The same file with 
the CBI omitted must be submitted to [email protected].
    (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 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 (e) 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 criteria in paragraph (d)(11) of this 
section by installing a device tested under paragraph (d) of this 
section, complying with the criteria specified in paragraphs (e)(1) 
through (8) of this section, maintaining the records specified in Sec.  
60.5420a(c)(2) or (c)(5)(vi) and submitting the report specified in 
Sec.  60.5420a(b)(10).
    (1) The inlet gas flow rate must be equal to or less than the 
maximum specified by the manufacturer.

[[Page 750]]

    (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 1 minute during any 15-minute period. A 
visible emissions test conducted according to section 11 of EPA Method 
22 of appendix A-7 of this part 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.
    (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 a visual observation according to EPA 
Method 22 of appendix A-7 of this part 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 control device is 
maintained in a leak free condition.
    (8) Operate each control device following the manufacturer's written 
operating instructions, procedures and maintenance schedule to ensure 
good air pollution control practices for minimizing emissions.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57071, Sept. 14, 2020; 
85 FR 57447, Sept. 15, 2020]



Sec.  60.5415a  How do I demonstrate continuous compliance with the 
standards for my well, centrifugal compressor, reciprocating compressor, 
pneumatic  controller, pneumatic pump, storage vessel, collection of           
          fugitive emissions components at a well site, and collection 
          of fugitive emissions components at a compressor station 
          affected facilities, equipment leaks at onshore natural gas 
          processing plants and sweetening unit affected facilities?

    (a) For each well affected facility, you must demonstrate continuous 
compliance by submitting the reports required by Sec.  60.5420a(b)(1) 
and (2) and maintaining the records for each completion operation 
specified in Sec.  60.5420a(c)(1).
    (b) For each centrifugal compressor affected facility and each 
pneumatic pump affected facility, you must demonstrate continuous 
compliance according to paragraph (b)(3) of this section. For each 
centrifugal compressor affected facility, you also must demonstrate 
continuous compliance according to paragraphs (b)(1) and (2) 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.  60.5412a(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.  60.5412a(a)(2), 
you may 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, 
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.  60.5417a(f)(1).

[[Page 751]]

    (ii) You must calculate the daily average of the applicable 
monitored parameter in accordance with Sec.  60.5417a(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.  60.5413a(d), compliance 
with the operating parameter limit is achieved when the criteria in 
Sec.  60.5413a(e) are met.
    (iv) You must operate the continuous monitoring system required in 
Sec.  60.5417a(a) 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.
    (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.  60.5412a(a)(1) and you demonstrate compliance 
using the test procedures specified in Sec.  60.5413a(b), or you use a 
flare designed and operated in accordance with Sec.  60.18(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 1 minute during any 15-minute period. A 
visible emissions test conducted according to 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.
    (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 of appendix A-7 of this part 
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.  
60.5412a(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.  60.5417a(f)(2).

[[Page 752]]

    (B) You must calculate the daily average condenser outlet 
temperature in accordance with Sec.  60.5417a(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.  60.5370a(a), 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 date. 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.  60.5370a(a), 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 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 reports required by Sec.  
60.5420a(b)(1), (3), and (8) and maintain the records as specified in 
Sec.  60.5420a(c)(2), (6) through (11), (16), and (17), as applicable.
    (c) For each reciprocating compressor affected facility complying 
with Sec.  60.5385a(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.  
60.5385a(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, since August 2, 2016, or since the date 
of the most recent reciprocating compressor rod packing replacement, 
whichever is latest.
    (2) You must submit the annual reports as required in Sec.  
60.5420a(b)(1) and (4) and maintain records as required in Sec.  
60.5420a(c)(3).
    (3) You must replace the reciprocating compressor rod packing on or 
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 cover and 
closed vent requirements in Sec.  60.5416a(a) and (b).
    (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.  60.5390a(a), (b), or (c).
    (2) You must submit the annual reports as required in Sec.  
60.5420a(b)(1) and (5).
    (3) You must maintain records as required in Sec.  60.5420a(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.  60.5395a(a)(2).
    (1)-(2) [Reserved]
    (3) For each storage vessel affected facility, you must comply with 
paragraphs (e)(3)(i) and (ii) of this section.

[[Page 753]]

    (i) You must reduce VOC emissions as specified in Sec.  
60.5395a(a)(2).
    (ii) For each control device installed to meet the requirements of 
Sec.  60.5395a(a)(2), you must demonstrate continuous compliance with 
the performance requirements of Sec.  60.5412a(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.  60.5416a(c) for each cover and closed 
vent system.
    (B) You must comply with Sec.  60.5417a(h) for each control device.
    (C) Each closed vent system that routes emissions to a process must 
be operated as specified in Sec.  60.5411a(c)(2) and (3).
    (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.  60.5400a.
    (g) For each sweetening unit affected facility, you must demonstrate 
continuous compliance with the standards for SO2 specified in 
Sec.  60.5405a(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.  
60.5406a(c)(1).
    (h) For each collection of fugitive emissions components at a well 
site and each collection of fugitive emissions components at a 
compressor station, you must demonstrate continuous compliance with the 
fugitive emission standards specified in Sec.  60.5397a(a)(1) according 
to paragraphs (h)(1) through (4) of this section.
    (1) You must conduct periodic monitoring surveys as required in 
Sec.  60.5397a(g).
    (2) You must repair each identified source of fugitive emissions as 
required in Sec.  60.5397a(h).
    (3) You must maintain records as specified in Sec.  60.5420a(c)(15).
    (4) You must submit annual reports for collection of fugitive 
emissions components at a well site and each collection of fugitive 
emissions components at a compressor station as required in Sec.  
60.5420a(b)(1) and (7).
    (i) For each collection of fugitive emissions components at a well 
site complying with Sec.  60.5397a(a)(2), you must demonstrate 
continuous compliance according to paragraphs (i)(1) through (4) of this 
section. You must perform the calculations shown in paragraphs (i)(1) 
through (4) of this section within 45 days of the end of each month. The 
rolling 12-month average of the total well site production determined 
according to paragraph (i)(4) of this section must be at or below 15 boe 
per day.
    (1) Begin with the most recent 12-month average.
    (2) Determine the daily combined oil and natural gas production of 
each individual well at the well site for the month. To convert gas 
production to equivalent barrels of oil, divide the cubic feet of gas 
produced by 6,000.
    (3) Sum the daily production for each individual well at the well 
site and divide by the number of days in the month. This is the average 
daily total well site production for the month.
    (4) Use the result determined in paragraph (i)(3) of this section 
and average with the daily total well site production values determined 
for each of the preceding 11 months to calculate the rolling 12-month 
average of the total well site production.
    (j) To demonstrate that the well site produced at or below 15 boe 
per day for the first 30 days after startup of production as specified 
in Sec.  60.5397a(3), you must calculate the daily production for each 
individual well at the well site during the first 30 days of production 
after completing any action listed in Sec.  60.5397a(a)(2)(i) through 
(v) and sum the individual well production values to obtain the total 
well site production. The calculation must be performed within 45 days 
of the end of the

[[Page 754]]

first 30 days of production after completing any action listed in Sec.  
60.5397a(a)(2)(i) through (v). To convert gas production to equivalent 
barrels of oil, divide cubic feet of gas produced by 6,000.

[81 FR 35898, June 3, 2016, as amended at 82 FR 25733, June 5, 2017; 85 
FR 57071, Sept. 14, 2020; 85 FR 57447, Sept. 15, 2020]



Sec.  60.5416a  What are the initial and continuous cover and closed 
vent system inspection and monitoring requirements for my centrifugal
compressor, 
          reciprocating compressor, pneumatic pump, and storage vessel 
          affected facilities?

    For each closed vent system or cover at your centrifugal compressor, 
reciprocating compressor, pneumatic pump, and storage vessel affected 
facilities, you must comply with the applicable requirements of 
paragraphs (a) through (d) 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.  
60.5420a(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.  60.5420a(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.  
60.5420a(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.  60.5420a(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.  
60.5420a(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

[[Page 755]]

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 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.  60.5420a(c)(7).
    (4) For each bypass device, except as provided for in Sec.  
60.5411a(a)(3)(ii), you must meet the requirements of paragraph 
(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.  60.5420a(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 paragraph (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 of appendix A-7 of this part.
    (2) The detection instrument must meet the performance criteria of 
Method 21 of appendix A-7 of this part, except that the instrument 
response factor criteria in section 8.1.1 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 of appendix A-7 
of this part.
    (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 of appendix A-7 of this part.
    (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 of 
appendix A-7 of this part, except the instrument response factor 
criteria in section 8.1.1 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

[[Page 756]]

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.
    (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.  60.5420a(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 comply with the inspection and recordkeeping 
requirements for each closed vent system and cover as specified in 
paragraphs (c)(1) and (2) of this section. You must also comply with the 
requirements of paragraphs (c)(3) through (7) of this section.
    (1) Closed vent system inspections. For each closed vent system, you 
must conduct an inspection as specified in paragraphs (c)(1)(i) through 
(iii) or paragraph (c)(1)(iv) of this section.
    (i) You must maintain records of the inspection results as specified 
in Sec.  60.5420a(c)(6).
    (ii) Conduct olfactory, visual, and auditory inspections at least 
once every calendar month 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.
    (iv) Conduct optical gas imaging inspections for any visible 
emissions at the same frequency as the frequency

[[Page 757]]

for the collection of fugitive emissions components located at the same 
type of site, as specified in Sec.  60.5397a(g)(1).
    (2) Cover inspections. For each cover, you must conduct inspections 
as specified in paragraphs (c)(2)(i) through (iii) or paragraph 
(c)(2)(iv) of this section.
    (i) You must maintain records of the inspection results as specified 
in Sec.  60.5420a(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.
    (iv) Conduct optical gas imaging inspections for any visible 
emissions at the same frequency as the frequency for the collection of 
fugitive emissions components located at the same type of site, as 
specified in Sec.  60.5397a(g)(1).
    (3) For each bypass device, except as provided for in Sec.  
60.5411a(c)(3)(ii), you must meet the requirements of paragraphs 
(c)(3)(i) or (ii) of this section.
    (i) You must properly install, calibrate and maintain 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. Set the flow 
indicator to trigger an audible alarm, or initiate 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. You must maintain records 
of each time the alarm is sounded according to Sec.  60.5420a(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.  60.5420a(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

[[Page 758]]

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.
    (d) Closed vent system inspections for pneumatic pump affected 
facilities. If you install a control device or route emissions to a 
process, you must comply with the inspection and recordkeeping 
requirements for each closed vent system as specified in paragraph 
(d)(1) of this section. You must also comply with the requirements of 
paragraphs (c)(3) through (7) of this section.
    (1) For each closed vent system, you must conduct an inspection as 
specified in paragraphs (d)(1)(i) through (iii), paragraph (d)(1)(iv), 
or paragraph (d)(1)(v) of this section.
    (i) You must maintain records of the inspection results as specified 
in Sec.  60.5420a(c)(6).
    (ii) Conduct olfactory, visual, and auditory inspections at least 
once every calendar month 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.
    (iv) Conduct optical gas imaging inspections for any visible 
emissions at the same frequency as the frequency for the collection of 
fugitive components located at the same type of site, as specified in 
Sec.  60.5397a(g)(1).
    (v) Conduct inspections as specified in paragraphs (a)(1) and (2) of 
this section.
    (2) [Reserved]

[81 FR 35898, June 3, 2016, as amended at 82 FR 25733, June 5, 2017; 85 
FR 57448, Sept. 15, 2020]



Sec.  60.5417a  What are the continuous control device monitoring 
requirements for my centrifugal compressor and storage vessel affected
facilities?

    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 affected facility 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.  60.5380a(a)(1), 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.  60.5412a(a)(3), you are exempt from the 
requirements of paragraphs (e) and (f) of this section. If you install 
and operate an enclosed combustion device or control device which is not 
specifically listed in paragraph (d) of this section, you must 
demonstrate continuous compliance according to paragraphs (h)(1) through 
(4) 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 are 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

[[Page 759]]

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. Heat sensing 
monitoring devices that indicate the continuous ignition of a pilot 
flame are exempt from the calibration, quality assurance and quality 
control requirements in this section.
    (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. Heat sensing monitoring devices that indicate the 
continuous ignition a pilot flame are exempt from the calibration, 
quality assurance and quality control requirements in this section.
    (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 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.  60.5413a(b) 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 accuracy of 1 percent 
of the temperature being monitored in [deg]Celsius, or 2.5 [deg]Celsius, 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]Celsius, or 2.5 [deg]Celsius, 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. The heat sensing monitoring device is exempt from the calibration 
requirements of this section.
    (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]Celsius, or 2.5 [deg]Celsius, whichever value is greater. You must 
install the temperature sensor at a location representative of the 
combustion zone temperature.

[[Page 760]]

    (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]Celsius, or 2.5 
[deg]Celsius, 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]Celsius, or 2.5 [deg]Celsius, whichever value 
is greater.
    (vii) For a nonregenerative-type carbon adsorption system, you must 
monitor the design carbon replacement interval established using a 
design analysis performed as specified in Sec.  60.5413a(c)(3). 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.  60.5413a(d), a continuous monitoring system meeting the 
requirements of paragraphs (d)(1)(viii)(A) and (B) of this section. If 
you comply with the periodic testing requirements of Sec.  
60.5413a(b)(5)(ii), you are not required to continuously monitor the gas 
flow rate under paragraph (d)(1)(viii)(A) 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 at the maximum 
expected flow rate. The flow rate at the inlet to the combustion device 
must not exceed the maximum 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. The monitor must meet the 
requirements of Performance Specification 8 or 9 of appendix B of this 
part. 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 and data from the 
heat sensing devices that indicate the presence of a pilot flame. 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

[[Page 761]]

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.  60.5412a(a)(1) or (2). 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.  60.5413a(b) to demonstrate that the control device 
achieves the applicable performance requirements specified in Sec.  
60.5412a(a)(1) or (2), 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.  60.5413a(c) to demonstrate that the control device 
achieves the applicable performance requirements specified in Sec.  
60.5412a(a)(2), 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.  60.5413a(d) to demonstrate that the 
control device achieves the applicable performance requirements 
specified in Sec.  60.5412a(a)(1), then your control device inlet gas 
flow rate must not exceed the maximum 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.  60.5413a(b) to demonstrate that the condenser 
achieves the applicable performance requirements in Sec.  
60.5412a(a)(2), 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.  60.5413a(c)(1) to demonstrate that the 
condenser achieves the applicable performance requirements specified in 
Sec.  60.5412a(a)(2), 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 when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (g)(1) through (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 or when

[[Page 762]]

the heat sensing device indicates that there is no pilot flame present.
    (2) If you are subject to Sec.  60.5412a(a)(2), a deviation occurs 
when the 365-day average condenser efficiency calculated according to 
the requirements specified in Sec.  60.5415a(b)(2)(viii)(D) is less than 
95.0 percent.
    (3) If you are subject to Sec.  60.5412a(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.  
60.5415a(b)(2)(viii)(D)(1) or (2) is less than 95.0 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 paragraph (g)(5)(i) or (ii) of this section are met.
    (i) For each bypass line subject to Sec.  60.5411a(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.  60.5411a(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.  60.5413a(d), a deviation occurs when the conditions of paragraphs 
(g)(6)(i) or (ii) of this section are met.
    (i) The inlet gas flow rate exceeds the maximum established during 
the test conducted under Sec.  60.5413a(d).
    (ii) Failure of the monthly visible emissions test conducted under 
Sec.  60.5413a(e)(3) occurs.
    (h) For each control device used to comply with the emission 
reduction standard in Sec.  60.5395a(a)(2) for your storage vessel 
affected facility, you must demonstrate continuous compliance according 
to paragraphs (h)(1) through (h)(4) of this section. You are exempt from 
the requirements of this paragraph if you install a control device model 
tested in accordance with Sec.  60.5413a(d)(2) through (10), which meets 
the criteria in Sec.  60.5413a(d)(11), the reporting requirement in 
Sec.  60.5413a(d)(12), and meet the continuous compliance requirement in 
Sec.  60.5413a(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 of appendix A of 
this part. 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 the 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.
    (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

[[Page 763]]

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.  60.5420a(c)(13).
    (4) Conduct a periodic performance test no later than 60 months 
after the initial performance test as specified in Sec.  
60.5413a(b)(5)(ii) and conduct subsequent periodic performance tests at 
intervals no longer than 60 months following the previous periodic 
performance test.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57449, Sept. 15, 2020]



Sec.  60.5420a  What are my notification, reporting, and recordkeeping
requirements?

    (a) Notifications. 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.  60.5365a that was 
constructed, modified, or reconstructed during the reporting period.
    (1) If you own or operate an affected facility that is the group of 
all equipment within a process unit at an onshore natural gas processing 
plant, or a sweetening unit, you must submit the notifications required 
in Sec. Sec.  60.7(a)(1), (3), and (4) and 60.15(d). If you own or 
operate a well, centrifugal compressor, reciprocating compressor, 
pneumatic controller, pneumatic pump, storage vessel, collection of 
fugitive emissions components at a well site, or collection of fugitive 
emissions components at a compressor station, you are not required to 
submit the notifications required in Sec. Sec.  60.7(a)(1), (3), and (4) 
and 60.15(d).
    (2)(i) If you own or operate a 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 United 
States 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.
    (3) An owner or operator electing to comply with the provisions of 
Sec.  60.5399a shall notify the Administrator of the alternative 
fugitive emissions standard selected within the annual report, as 
specified in paragraph (b)(7) of this section.
    (b) Reporting requirements. You must submit annual reports 
containing the information specified in paragraphs (b)(1) through (8) 
and (12) of this section and performance test reports as specified in 
paragraph (b)(9) or (10) of this section, if applicable. You must submit 
annual reports following the procedure specified in paragraph (b)(11) 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.  60.5410a. 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 (8) and (12) 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 is required for all reports.
    (i) The company name, facility site name associated with the 
affected facility, U.S. Well ID or U.S. Well ID associated with the 
affected facility, if applicable, and address of the affected facility. 
If an address is not available

[[Page 764]]

for the site, include a description of the site location and provide the 
latitude and longitude coordinates of the site in decimal degrees to an 
accuracy and precision of five (5) decimals of a degree using the North 
American Datum of 1983.
    (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 well affected facility that is subject to Sec.  
60.5375a(a) or (f), the records of each well completion operation 
conducted during the reporting period, including the information 
specified in paragraphs (b)(2)(i) through (xiv) of this section, if 
applicable. In lieu of submitting the records specified in paragraphs 
(b)(2)(i) through (xiv) of this section, the owner or operator may 
submit a list of each well completion with hydraulic fracturing 
completed during the reporting period, and the digital photograph 
required by paragraph (c)(1)(v) of this section for each well 
completion. For each well affected facility that routes flowback 
entirely through one or more production separators, only the records 
specified in paragraphs (b)(2)(i) through (iv) and (vi) of this section 
are required to be reported. For periods where salable gas is unable to 
be separated, the records specified in paragraphs (b)(2)(iv) and (viii) 
through (xii) of this section must also be reported, as applicable. For 
each well affected facility that is subject to Sec.  60.5375a(g), the 
record specified in paragraph (b)(2)(xv) of this section is required to 
be reported.
    (i) Well Completion ID.
    (ii) Latitude and longitude of the well in decimal degrees to an 
accuracy and precision of five (5) decimals of a degree using North 
American Datum of 1983.
    (iii) U.S. Well ID.
    (iv) The date and time of the onset of flowback following hydraulic 
fracturing or refracturing or identification that the well immediately 
starts production.
    (v) The date and time of each attempt to direct flowback to a 
separator as required in Sec.  60.5375a(a)(1)(ii).
    (vi) The date and time that the well was shut in and the flowback 
equipment was permanently disconnected, or the startup of production.
    (vii) The duration (in hours) of flowback.
    (viii) The duration (in hours) of recovery and disposition of 
recovery (i.e., routed to the gas flow line or collection system, re-
injected into the well or another well, used as an onsite fuel source, 
or used for another useful purpose that a purchased fuel or raw material 
would serve).
    (ix) The duration (in hours) of combustion.
    (x) The duration (in hours) of venting.
    (xi) The specific reasons for venting in lieu of capture or 
combustion.
    (xii) For any deviations recorded as specified in paragraph 
(c)(1)(ii) of this section, the date and time the deviation began, the 
duration of the deviation, and a description of the deviation.
    (xiii) For each well affected facility subject to Sec.  60.5375a(f), 
a record of the well type (i.e., wildcat well, delineation well, or low 
pressure well (as defined Sec.  60.5430a)) and supporting inputs and 
calculations, if applicable.
    (xiv) For each well affected facility for which you claim an 
exception under Sec.  60.5375a(a)(3), the specific exception claimed and 
reasons why the well meets the claimed exception.
    (xv) For each well affected facility with less than 300 scf of gas 
per stock tank barrel of oil produced, the supporting analysis that was 
performed in order the make that claim, including but not limited to, 
GOR values for established leases and data from wells in the same basin 
and field.
    (3) For each centrifugal compressor affected facility, the 
information specified in paragraphs (b)(3)(i) through (v) of this 
section.
    (i) An identification of each centrifugal compressor using a wet 
seal system constructed, modified, or reconstructed during the reporting 
period.

[[Page 765]]

    (ii) For each deviation that occurred during the reporting period 
and recorded as specified in paragraph (c)(2) of this section, the date 
and time the deviation began, the duration of the deviation, and a 
description of the deviation.
    (iii) If required to comply with Sec.  60.5380a(a)(2), the 
information in paragraphs (b)(3)(iii)(A) through (C) of this section.
    (A) Dates of each inspection required under Sec.  60.5416a(a) and 
(b);
    (B) Each defect or leak identified during each inspection, date of 
repair or the date of anticipated repair if the repair is delayed; and
    (C) Date and time of each bypass alarm or each instance the key is 
checked out if you are subject to the bypass requirements of Sec.  
60.5416a(a)(4).
    (iv) If complying with Sec.  60.5380a(a)(1) with a control device 
tested under Sec.  60.5413a(d) which meets the criteria in Sec.  
60.5413a(d)(11) and (e), the information in paragraphs (b)(3)(iv)(A) 
through (D) of this section.
    (A) Identification of the compressor with the control device.
    (B) Make, model, and date of purchase of the control device.
    (C) For each instance where the inlet gas flow rate exceeds the 
manufacturer's listed maximum gas flow rate, where there is no 
indication of the presence of a pilot flame, or where visible emissions 
exceeded 1 minute in any 15-minute period, include the date and time the 
deviation began, the duration of the deviation, and a description of the 
deviation.
    (D) For each visible emissions test following return to operation 
from a maintenance or repair activity, the date of the visible emissions 
test, the length of the test, and the amount of time for which visible 
emissions were present.
    (v) If complying with Sec.  60.5380a(a)(1) with a control device not 
tested under Sec.  60.5413a(d), identification of the compressor with 
the tested control device, the date the performance test was conducted, 
and pollutant(s) tested. Submit the performance test report following 
the procedures specified in paragraph (b)(9) of this section.
    (4) For each reciprocating compressor affected facility, the 
information specified in paragraphs (b)(4)(i) through (iii) of this 
section.
    (i) The cumulative number of hours of operation or the number of 
months since initial startup, since August 2, 2016, or since the 
previous reciprocating compressor rod packing replacement, whichever is 
latest. Alternatively, a statement that emissions from the rod packing 
are being routed to a process through a closed vent system under 
negative pressure.
    (ii) If applicable, for each deviation that occurred during the 
reporting period and recorded as specified in paragraph (c)(3)(iii) of 
this section, the date and time the deviation began, duration of the 
deviation and a description of the deviation.
    (iii) If required to comply with Sec.  60.5385a(a)(3), the 
information in paragraphs (b)(4)(iii)(A) through (C) of this section.
    (A) Dates of each inspection required under Sec.  60.5416a(a) and 
(b);
    (B) Each defect or leak identified during each inspection, and date 
of repair or date of anticipated repair if repair is delayed; and
    (C) Date and time of each bypass alarm or each instance the key is 
checked out if you are subject to the bypass requirements of Sec.  
60.5416a(a)(4).
    (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 
month and year of installation, reconstruction or modification and 
identification information that allows traceability to the records 
required in paragraph (c)(4)(iii) or (iv) of this section.
    (ii) If applicable, reason why the use of pneumatic controller 
affected facilities with a natural gas bleed rate greater than the 
applicable standard are required.
    (iii) For each instance where the pneumatic controller was not 
operated in compliance with the requirements specified in Sec.  
60.5390a, a description of the deviation, the date and time the 
deviation began, and the duration of the deviation.

[[Page 766]]

    (6) For each storage vessel affected facility, the information in 
paragraphs (b)(6)(i) through (ix) 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.  60.5365a(e)(1) for each storage vessel that became an affected 
facility during the reporting period or is returned to service during 
the reporting period.
    (iii) For each deviation that occurred during the reporting period 
and recorded as specified in paragraph (c)(5) of this section, the date 
and time the deviation began, duration of the deviation and a 
description of the deviation.
    (iv) A statement that you have met the requirements specified in 
Sec.  60.5410a(h)(2) and (3).
    (v) For each storage vessel constructed, modified, reconstructed, or 
returned to service during the reporting period complying with Sec.  
60.5395a(a)(2) with a control device tested under Sec.  60.5413a(d) 
which meets the criteria in Sec.  60.5413a(d)(11) and (e), the 
information in paragraphs (b)(6)(v)(A) through (D) of this section.
    (A) Identification of the storage vessel with the control device.
    (B) Make, model, and date of purchase of the control device.
    (C) For each instance where the inlet gas flow rate exceeds the 
manufacturer's listed maximum gas flow rate, where there is no 
indication of the presence of a pilot flame, or where visible emissions 
exceeded 1 minute in any 15-minute period, include the date and time the 
deviation began, the duration of the deviation, and a description of the 
deviation.
    (D) For each visible emissions test following return to operation 
from a maintenance or repair activity, the date of the visible emissions 
test, the length of the test, and the amount of time for which visible 
emissions were present.
    (vi) If complying with Sec.  60.5395a(a)(2) with a control device 
not tested under Sec.  60.5413a(d), identification of the storage vessel 
with the tested control device, the date the performance test was 
conducted, and pollutant(s) tested. Submit the performance test report 
following the procedures specified in paragraph (b)(9) of this section.
    (vii) If required to comply with Sec.  60.5395a(b)(1), the 
information in paragraphs (b)(6)(vii)(A) through (C) of this section.
    (A) Dates of each inspection required under Sec.  60.5416a(c);
    (B) Each defect or leak identified during each inspection, and date 
of repair or date of anticipated repair if repair is delayed; and
    (C) Date and time of each bypass alarm or each instance the key is 
checked out if you are subject to the bypass requirements of Sec.  
60.5416a(c)(3).
    (viii) You must identify each storage vessel affected facility that 
is removed from service during the reporting period as specified in 
Sec.  60.5395a(c)(1)(ii), including the date the storage vessel affected 
facility was removed from service.
    (ix) You must identify each storage vessel affected facility 
returned to service during the reporting period as specified in Sec.  
60.5395a(c)(3), including the date the storage vessel affected facility 
was returned to service.
    (7) For the collection of fugitive emissions components at each well 
site and the collection of fugitive emissions components at each 
compressor station, report the information specified in paragraphs 
(b)(7)(i) through (iii) of this section, as applicable.
    (i)(A) Designation of the type of site (i.e., well site or 
compressor station) at which the collection of fugitive emissions 
components is located.
    (B) For each collection of fugitive emissions components at a well 
site that became an affected facility during the reporting period, you 
must include the date of the startup of production or the date of the 
first day of production after modification. For each collection of 
fugitive emissions components at a

[[Page 767]]

compressor station that became an affected facility during the reporting 
period, you must include the date of startup or the date of 
modification.
    (C) For each collection of fugitive emissions components at a well 
site that meets the conditions specified in either Sec.  
60.5397a(a)(1)(i) or (ii), you must specify the well site is a low 
production well site and submit the total production for the well site.
    (D) For each collection of fugitive emissions components at a well 
site where during the reporting period you complete the removal of all 
major production and processing equipment such that the well site 
contains only one or more wellheads, you must include the date of the 
change to status as a wellhead only well site.
    (E) For each collection of fugitive emissions components at a well 
site where you previously reported under paragraph (b)(7)(i)(C) of this 
section the removal of all major production and processing equipment and 
during the reporting period major production and processing equipment is 
added back to the well site, the date that the first piece of major 
production and processing equipment is added back to the well site.
    (ii) For each fugitive emissions monitoring survey performed during 
the annual reporting period, the information specified in paragraphs 
(b)(7)(ii)(A) through (G) of this section.
    (A) Date of the survey.
    (B) Monitoring instrument used.
    (C) Any deviations from the monitoring plan elements under Sec.  
60.5397a(c)(1), (2), and (7) and (c)(8)(i) or a statement that there 
were no deviations from these elements of the monitoring plan.
    (D) Number and type of components for which fugitive emissions were 
detected.
    (E) Number and type of fugitive emissions components that were not 
repaired as required in Sec.  60.5397a(h).
    (F) Number and type of fugitive emission components (including 
designation as difficult-to-monitor or unsafe-to-monitor, if applicable) 
on delay of repair and explanation for each delay of repair.
    (G) Date of planned shutdown(s) that occurred during the reporting 
period if there are any components that have been placed on delay of 
repair.
    (iii) For each collection of fugitive emissions components at a well 
site or collection of fugitive emissions components at a compressor 
station complying with an alternative fugitive emissions standard under 
Sec.  60.5399a, in lieu of the information specified in paragraphs 
(b)(7)(i) and (ii) of this section, you must provide the information 
specified in paragraphs (b)(7)(iii)(A) through (C) of this section.
    (A) The alternative standard with which you are complying.
    (B) The site-specific reports specified by the specific alternative 
fugitive emissions standard, submitted in the format in which they were 
submitted to the state, local, or tribal authority. If the report is in 
hard copy, you must scan the document and submit it as an electronic 
attachment to the annual report required in paragraph (b) of this 
section.
    (C) If the report specified by the specific alternative fugitive 
emissions standard is not site-specific, you must submit the information 
specified in paragraphs (b)(7)(i) and (ii) of this section for each 
individual site complying with the alternative standard.
    (8) For each pneumatic pump affected facility, the information 
specified in paragraphs (b)(8)(i) through (iv) of this section.
    (i) For each pneumatic pump that is constructed, modified or 
reconstructed during the reporting period, you must provide 
certification that the pneumatic pump meets one of the conditions 
described in paragraph (b)(8)(i)(A), (B), or (C) of this section.
    (A) No control device or process is available on site.
    (B) A control device or process is available on site and the owner 
or operator has determined in accordance with Sec.  60.5393a(b)(5) that 
it is technically infeasible to capture and route the emissions to the 
control device or process.
    (C) Emissions from the pneumatic pump are routed to a control device 
or process. If the control device is designed to achieve less than 95 
percent emissions reduction, specify the percent emissions reductions 
the control device is designed to achieve.

[[Page 768]]

    (ii) For any pneumatic pump affected facility which has been 
previously reported as required under paragraph (b)(8)(i) of this 
section and for which a change in the reported condition has occurred 
during the reporting period, provide the identification of the pneumatic 
pump affected facility and the date it was previously reported and a 
certification that the pneumatic pump meets one of the conditions 
described in paragraph (b)(8)(ii)(A), (B), (C), or (D) of this section.
    (A) A control device has been added to the location and the 
pneumatic pump now reports according to paragraph (b)(8)(i)(C) of this 
section.
    (B) A control device has been added to the location and the 
pneumatic pump affected facility now reports according to paragraph 
(b)(8)(i)(B) of this section.
    (C) A control device or process has been removed from the location 
or otherwise is no longer available and the pneumatic pump affected 
facility now report according to paragraph (b)(8)(i)(A) of this section.
    (D) A control device or process has been removed from the location 
or is otherwise no longer available and the owner or operator has 
determined in accordance with Sec.  60.5393a(b)(5) through an 
engineering evaluation that it is technically infeasible to capture and 
route the emissions to another control device or process.
    (iii) For each deviation that occurred during the reporting period 
and recorded as specified in paragraph (c)(16)(ii) of this section, the 
date and time the deviation began, duration of the deviation, and a 
description of the deviation.
    (iv) If required to comply with Sec.  60.5393a(b), the information 
in paragraphs (b)(8)(iv)(A) through (C) of this section.
    (A) Dates of each inspection required under Sec.  60.5416a(d);
    (B) Each defect or leak identified during each inspection, and date 
of repair or date of anticipated repair if repair is delayed; and
    (C) Date and time of each bypass alarm or each instance the key is 
checked out if you are subject to the bypass requirements of Sec.  
60.5416a(c)(3).
    (9) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, except testing conducted 
by the manufacturer as specified in Sec.  60.5413a(d), you must submit 
the results of the performance test following the procedure specified in 
either paragraph (b)(9)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test, you must submit the results 
of the performance test to the EPA via the Compliance and Emissions Data 
Reporting Interface (CEDRI), except as outlined in this paragraph 
(b)(9)(i). (CEDRI can be accessed through the EPA's Central Data 
Exchange (CDX) (https://cdx.epa.gov/).) The EPA will make all the 
information submitted through CEDRI available to the public without 
further notice to you. Do not use CEDRI to submit information you claim 
as confidential business information (CBI). Anything submitted using 
CEDRI cannot later be claimed CBI. Performance test data must be 
submitted in a file format generated through the use of the EPA's ERT or 
an alternate electronic file format consistent with the extensible 
markup language (XML) schema listed on the EPA's ERT website. Although 
we do not expect persons to assert a claim of CBI, if you wish to assert 
a CBI claim, you must submit a complete file generated through the use 
of the EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website, including information claimed to 
be CBI, on a compact disc, flash drive, or other commonly used 
electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph (b)(9)(i). All CBI claims must be asserted at 
the time of

[[Page 769]]

submission. Furthermore, under CAA section 114(c), emissions data is not 
entitled to confidential treatment, and the EPA is required to make 
emissions data available to the public. Thus, emissions data will not be 
protected as CBI and will be made publicly available.
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (10) For combustion control devices tested by the manufacturer in 
accordance with Sec.  60.5413a(d), an electronic copy of the performance 
test results required by Sec.  60.5413a(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 website: epa.gov/
airquality/oilandgas/.
    (11) You must submit reports to the EPA via CEDRI, except as 
outlined in this paragraph (b)(11). (CEDRI can be accessed through the 
EPA's CDX (https://cdx.epa.gov/).) The EPA will make all the information 
submitted through CEDRI available to the public without further notice 
to you. Do not use CEDRI to submit information you claim as CBI. 
Anything submitted using CEDRI cannot later be claimed CBI. You must use 
the appropriate electronic report in CEDRI for this subpart or an 
alternate electronic file format consistent with the extensible markup 
language (XML) schema listed on the CEDRI website (https://www.epa.gov/
electronic-reporting-air-emissions/cedri/). If the reporting form 
specific to this subpart is not available in CEDRI at the time that the 
report is due, you must submit the report to the Administrator at the 
appropriate address listed in Sec.  60.4. Once the form has been 
available in CEDRI for at least 90 calendar days, you must begin 
submitting all subsequent reports via CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the reports are submitted. Although we do not expect 
persons to assert a claim of CBI, if you wish to assert a CBI claim, 
submit a complete report generated using the appropriate form in CEDRI 
or an alternate electronic file consistent with the XML schema listed on 
the EPA's CEDRI website, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
medium to the EPA. The electronic medium shall be clearly marked as CBI 
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Fuels and Incineration Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via CEDRI. All CBI claims must be asserted at the time of submission. 
Furthermore, under CAA section 114(c), emissions data is not entitled to 
confidential treatment, and the EPA is required to make emissions data 
available to the public. Thus, emissions data will not be protected as 
CBI and will be made publicly available.
    (12) You must submit the certification signed by the qualified 
professional engineer or in-house engineer according to Sec.  
60.5411a(d) for each closed vent system routing to a control device or 
process.
    (13) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (b)(13)(i) through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time 
beginning 5 business days prior to the date that the submission is due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or caused a delay 
in reporting.

[[Page 770]]

    (v) You must provide to the Administrator a written description 
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the EPA system outage;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (vi) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (vii) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (14) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. To assert a claim of force majeure, you must meet the 
requirements outlined in paragraphs (b)(14)(i) through (v) of this 
section.
    (i) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning 5 business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as 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 you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (ii) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or caused a delay 
in reporting.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (iv) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
    (c) Recordkeeping requirements. You must maintain the records 
identified as specified in Sec.  60.7(f) and in paragraphs (c)(1) 
through (18) 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. Any records required to be maintained by this subpart 
that are submitted electronically via the EPA's CDX may be maintained in 
electronic format.
    (1) The records for each well affected facility as specified in 
paragraphs (c)(1)(i) through (vii) of this section, as applicable. For 
each well affected facility for which you make a claim that the well 
affected facility is not subject to the requirements for well 
completions pursuant to Sec.  60.5375a(g), you must maintain the record 
in paragraph (c)(1)(vi) of this section, only. For each well affected 
facility that routes flowback entirely through one or more production 
separators that are designed to accommodate flowback, only records of 
the United States Well Number, the latitude and longitude of the well in 
decimal degrees to an accuracy and precision of five (5) decimals of a 
degree using North American Datum of 1983, the Well Completion ID, and 
the date and time of startup of production

[[Page 771]]

are required. For periods where salable gas is unable to be separated, 
records of the date and time of onset of flowback, the duration and 
disposition of recovery, the duration of combustion and venting (if 
applicable), reasons for venting (if applicable), and deviations are 
required.
    (i) Records identifying each well completion operation for each 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.  60.5375a, including the date and time 
the deviation began, the duration of the deviation, and a description of 
the deviation.
    (iii) You must maintain the records specified in paragraphs 
(c)(1)(iii)(A) through (C) of this section.
    (A) For each well affected facility required to comply with the 
requirements of Sec.  60.5375a(a), you must record: The latitude and 
longitude of the well in decimal degrees to an accuracy and precision of 
five (5) decimals of a degree using North American Datum of 1983; the 
United States 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.  
60.5375a(a)(1)(ii); the date and time of each occurrence of returning to 
the initial flowback stage under Sec.  60.5375a(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 and disposition of recovery (i.e., routed 
to the gas flow line or collection system, re-injected into the well or 
another well, used as an onsite fuel source, or used for another useful 
purpose that a purchased fuel or raw material would serve); duration of 
combustion; duration of venting; and specific reasons for venting in 
lieu of capture or combustion. The duration must be specified in hours. 
In addition, for wells where it is technically infeasible to route the 
recovered gas as specified in Sec.  60.5375a(a)(1)(ii), you must record 
the reasons for the claim of technical infeasibility with respect to all 
four options provided in Sec.  60.5375a(a)(1)(ii).
    (B) For each well affected facility required to comply with the 
requirements of Sec.  60.5375a(f), you must record: Latitude and 
longitude of the well in decimal degrees to an accuracy and precision of 
five (5) decimals of a degree using North American Datum of 1983; the 
United States Well Number; the date and time of the onset of flowback 
following hydraulic fracturing or refracturing; 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 and disposition of recovery (i.e., routed to the 
gas flow line or collection system, re-injected into the well or another 
well, used as an onsite fuel source, or used for another useful purpose 
that a purchased fuel or raw material would serve); duration of 
combustion; duration of venting; and specific reasons for venting in 
lieu of capture or combustion. The duration must be specified in hours.
    (C) For each well affected facility for which you make a claim that 
it meets the criteria of Sec.  60.5375a(a)(1)(iii)(A), you must maintain 
the following:
    (1) The latitude and longitude of the well in decimal degrees to an 
accuracy and precision of five (5) decimals of a degree using North 
American Datum of 1983; the United States Well Number; the date and time 
of the onset of flowback following hydraulic fracturing or refracturing; 
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 and disposition of recovery (i.e., 
routed to the gas flow line or collection system, re-injected into the 
well or another well, used as an onsite fuel source, or used for another 
useful purpose that a purchased fuel or raw material would serve); 
duration of combustion; duration of venting; and specific reasons for 
venting in lieu of capture or combustion. The duration must be specified 
in hours.
    (2) If applicable, records that the conditions of Sec.  
60.5375a(a)(1)(iii)(A) are no longer met and that the well completion 
operation has been stopped and a

[[Page 772]]

separator installed. The records shall include the date and time the 
well completion operation was stopped and the date and time the 
separator was installed.
    (3) A record of the claim signed by the certifying official that no 
liquids collection is at the well site. The claim must include 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.
    (iv) For each well affected facility for which you claim an 
exception under Sec.  60.5375a(a)(3), you must record: The latitude and 
longitude of the well in decimal degrees to an accuracy and precision of 
five (5) decimals of a degree using North American Datum of 1983; the 
United States 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 well affected facility required to comply with both 
Sec.  60.5375a(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.  60.5410a(a)(4).
    (vi) For each well affected facility for which you make a claim that 
the well affected facility is not subject to the well completion 
standards according to Sec.  60.5375a(g), you must maintain:
    (A) A record of the analysis that was performed in order the make 
that claim, including but not limited to, GOR values for established 
leases and data from wells in the same basin and field;
    (B) the latitude and longitude of the well in decimal degrees to an 
accuracy and precision of five (5) decimals of a degree using North 
American Datum of 1983; the United States Well Number;
    (C) A record of the claim signed by the certifying official. The 
claim must include 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.
    (vii) For each well affected facility subject to Sec.  60.5375a(f), 
a record of the well type (i.e., wildcat well, delineation well, or low 
pressure well (as defined Sec.  60.5430a)) and supporting inputs and 
calculations, if applicable.
    (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.  
60.5380a, including a description of each deviation, the date and time 
each deviation began and the duration of each deviation. Except as 
specified in paragraph (c)(2)(viii) of this section, you must maintain 
the records in paragraphs (c)(2)(i) through (vii) of this section for 
each control device tested under Sec.  60.5413a(d) which meets the 
criteria in Sec.  60.5413a(d)(11) and (e) and used to comply with Sec.  
60.5380a(a)(1) for each centrifugal compressor.
    (i) Make, model, and serial number of purchased device.
    (ii) Date of purchase.
    (iii) Copy of purchase order.
    (iv) Location of the centrifugal compressor and control device 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) Inlet gas flow rate.
    (vi) Records of continuous compliance requirements in Sec.  
60.5413a(e) as specified in paragraphs (c)(2)(vi)(A) through (E) of this 
section.
    (A) Records that the pilot flame is present at all times of 
operation.
    (B) Records that the device was operated with no visible emissions 
except for periods not to exceed a total of 1 minute during any 15-
minute period.
    (C) Records of the maintenance and repair log.
    (D) Records of the visible emissions test following return to 
operation from a maintenance or repair activity, including the date of 
the visible emissions test, the length of the test, and the amount of 
time for which visible emissions were present.

[[Page 773]]

    (E) Records of the manufacturer's written operating instructions, 
procedures, and maintenance schedule to ensure good air pollution 
control practices for minimizing emissions.
    (vii) Records of deviations for instances where the inlet gas flow 
rate exceeds the manufacturer's listed maximum gas flow rate, where 
there is no indication of the presence of a pilot flame, or where 
visible emissions exceeded 1 minute in any 15-minute period, including a 
description of the deviation, the date and time the deviation began, and 
the duration of the deviation.
    (viii) As an alternative to the requirements of paragraph (c)(2)(iv) 
of this section, you may maintain records of one or more digital 
photographs with the date the photograph was taken and the latitude and 
longitude of the centrifugal compressor and control device imbedded 
within or stored with the digital file. As an alternative to imbedded 
latitude and longitude within the digital photograph, the digital 
photograph may consist of a photograph of the centrifugal compressor and 
control device with a photograph of a separately operating GPS device 
within the same digital picture, provided the latitude and longitude 
output of the GPS unit can be clearly read in the digital photograph.
    (3) For each reciprocating compressor 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, since August 2, 2016, or since the 
previous replacement of the reciprocating compressor rod packing, 
whichever is latest. Alternatively, a statement that emissions from the 
rod packing are being routed to a process through a closed vent system 
under negative pressure.
    (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.  
60.5385a(a)(3).
    (iii) Records of deviations in cases where the reciprocating 
compressor was not operated in compliance with the requirements 
specified in Sec.  60.5385a, including the date and time the deviation 
began, duration of the deviation, and a description of the deviation.
    (4) For each pneumatic controller affected facility, you must 
maintain the records identified in paragraphs (c)(4)(i) through (v) of 
this section, as applicable.
    (i) Records of the month and year of installation, reconstruction, 
or modification, location 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, identification 
information that allows traceability to the records required in 
paragraph (c)(4)(iii) or (iv) of this section 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) For each instance where the pneumatic controller was not 
operated in compliance with the requirements specified in Sec.  
60.5390a, a description of the deviation, the date and time the 
deviation began, and the duration of the deviation.
    (5) For each storage vessel affected facility, you must maintain the 
records identified in paragraphs (c)(5)(i) through (vii) of this 
section.
    (i) If required to reduce emissions by complying with Sec.  
60.5395a(a)(2), the records specified in Sec. Sec.  60.5420a(c)(6) 
through (8) and 60.5416a(c)(6)(ii) and (c)(7)(ii). You must maintain the 
records in paragraph (c)(5)(vi) of this section for each control device 
tested under Sec.  60.5413a(d) which meets the criteria in Sec.  
60.5413a(d)(11) and (e) and used

[[Page 774]]

to comply with Sec.  60.5395a(a)(2) for each storage vessel.
    (ii) Records of each VOC emissions determination for each storage 
vessel affected facility made under Sec.  60.5365a(e) including 
identification of the model or calculation methodology used to calculate 
the VOC emission rate.
    (iii) For each instance where the storage vessel was not operated in 
compliance with the requirements specified in Sec. Sec.  60.5395a, 
60.5411a, 60.5412a, and 60.5413a, as applicable, a description of the 
deviation, the date and time each deviation began, and the duration of 
the deviation.
    (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 crude oil and natural gas production 
source category. If a storage vessel is removed from a site and, within 
30 days, is either returned to the site or replaced by another storage 
vessel at the site to serve the same or similar 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 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 of each storage vessel affected facility.
    (vi) Except as specified in paragraph (c)(5)(vi)(G) of this section, 
you must maintain the records specified in paragraphs (c)(5)(vi)(A) 
through (H) of this section for each control device tested under Sec.  
60.5413a(d) which meets the criteria in Sec.  60.5413a(d)(11) and (e) 
and used to comply with Sec.  60.5395a(a)(2) for each storage vessel.
    (A) Make, model, and serial number of purchased device.
    (B) Date of purchase.
    (C) Copy of purchase order.
    (D) Location of the control device 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.
    (E) Inlet gas flow rate.
    (F) Records of continuous compliance requirements in Sec.  
60.5413a(e) as specified in paragraphs (c)(5)(vi)(F)(1) through (5) of 
this section.
    (1) Records that the pilot flame is present at all times of 
operation.
    (2) Records that the device was operated with no visible emissions 
except for periods not to exceed a total of 1 minute during any 15-
minute period.
    (3) Records of the maintenance and repair log.
    (4) Records of the visible emissions test following return to 
operation from a maintenance or repair activity, including the date of 
the visible emissions test, the length of the test, and the amount of 
time for which visible emissions were present.
    (5) Records of the manufacturer's written operating instructions, 
procedures, and maintenance schedule to ensure good air pollution 
control practices for minimizing emissions.
    (G) Records of deviations for instances where the inlet gas flow 
rate exceeds the manufacturer's listed maximum gas flow rate, where 
there is no indication of the presence of a pilot flame, or where 
visible emissions exceeded 1 minute in any 15-minute period, including a 
description of the deviation, the date and time the deviation began, and 
the duration of the deviation.
    (H) As an alternative to the requirements of paragraph (c)(5)(vi)(D) 
of this section, you may maintain records of one or more digital 
photographs with the date the photograph was taken and the latitude and 
longitude of the storage vessel and control device imbedded within or 
stored with the digital file. As an alternative to imbedded latitude and 
longitude within the digital photograph, the digital photograph may 
consist of a photograph of the storage vessel and control device with a 
photograph of a separately operating GPS device within the same digital 
picture, provided the latitude and longitude output of the GPS unit can 
be clearly read in the digital photograph.

[[Page 775]]

    (vii) Records of the date that each storage vessel affected facility 
is removed from service and returned to service, as applicable.
    (6) Records of each closed vent system inspection required under 
Sec.  60.5416a(a)(1) and (2) and (b) for centrifugal compressors and 
reciprocating compressors, Sec.  60.5416a(c)(1) for storage vessels, or 
Sec.  60.5416a(e) for pneumatic pumps as required in paragraphs 
(c)(6)(i) through (iii) of this section.
    (i) A record of each closed vent system inspection or no detectable 
emissions monitoring survey. You must include an identification number 
for each closed vent system (or other unique identification description 
selected by you) and the date of the inspection.
    (ii) For each defect or leak detected during inspections required by 
Sec.  60.5416a(a)(1) and (2), (b), (c)(1), or (d), you must record the 
location of the defect or leak, a description of the defect or the 
maximum concentration reading obtained if using Method 21 of appendix A-
7 of this part, the date of detection, and the date the repair to 
correct the defect or leak is completed.
    (iii) If repair of the defect is delayed as described in Sec.  
60.5416a(b)(10), you must record the reason for the delay and the date 
you expect to complete the repair.
    (7) A record of each cover inspection required under Sec.  
60.5416a(a)(3) for centrifugal or reciprocating compressors or Sec.  
60.5416a(c)(2) for storage vessels as required in paragraphs (c)(7)(i) 
through (iii) of this section.
    (i) A record of each cover inspection. You must include an 
identification number for each cover (or other unique identification 
description selected by you) and the date of the inspection.
    (ii) For each defect detected during inspections required by Sec.  
60.5416a(a)(3) or (c)(2), you must record the location of the defect, a 
description of the defect, the date of detection, the corrective action 
taken the repair the defect, and the date the repair to correct the 
defect is completed.
    (iii) If repair of the defect is delayed as described in Sec.  
60.5416a(b)(10) or (c)(5), you must record the reason for the delay and 
the date you expect to complete the repair.
    (8) If you are subject to the bypass requirements of Sec.  
60.5416a(a)(4) for centrifugal compressors or reciprocating compressors, 
or Sec.  60.5416a(c)(3) for storage vessels or pneumatic pumps, you must 
prepare and maintain a record of each inspection or a record of each 
time the key is checked out or a record of each time the alarm is 
sounded.
    (9) [Reserved]
    (10) For each centrifugal compressor or pneumatic pump affected 
facility, records of the schedule for carbon replacement (as determined 
by the design analysis requirements of Sec.  60.5413a(c)(2) or (3)) and 
records of each carbon replacement as specified in Sec.  60.5412a(c)(1).
    (11) For each centrifugal compressor affected facility subject to 
the control device requirements of Sec.  60.5412a(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.  60.5412a(d)(2)) 
and records of each carbon replacement as specified in Sec.  
60.5412a(c)(1).
    (13) For each storage vessel affected facility subject to the 
control device requirements of Sec.  60.5412a(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.  60.5417a(h)(3). You must 
maintain records of EPA Method 22 of appendix A-7 of this part, 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

[[Page 776]]

22 of appendix A-7 of this part. Manufacturer's operating instructions, 
procedures and maintenance schedule must be available for inspection.
    (14) A log of records as specified in Sec.  60.5412a(d)(1)(iii), for 
all inspection, repair, and maintenance activities for each control 
device failing the visible emissions test.
    (15) For each collection of fugitive emissions components at a well 
site and each collection of fugitive emissions components at a 
compressor station, maintain the records identified in paragraphs 
(c)(15)(i) through (viii) of this section.
    (i) The date of the startup of production or the date of the first 
day of production after modification for each collection of fugitive 
emissions components at a well site and the date of startup or the date 
of modification for each collection of fugitive emissions components at 
a compressor station.
    (ii) For each collection of fugitive emissions components at a well 
site complying with Sec.  60.5397a(a)(2), you must maintain records of 
the daily production and calculations demonstrating that the rolling 12-
month average is at or below 15 boe per day no later than 12 months 
before complying with Sec.  60.5397a(a)(2).
    (iii) For each collection of fugitive emissions components at a well 
site complying with Sec.  60.5397a(a)(3)(i), you must keep records of 
daily production and calculations for the first 30 days after completion 
of any action listed in Sec.  60.5397a(a)(2)(i) through (v) 
demonstrating that total production from the well site is at or below 15 
boe per day, or maintain records demonstrating the rolling 12-month 
average total production for the well site is at or below 15 boe per 
day.
    (iv) For each collection of fugitive emissions components at a well 
site complying with Sec.  60.5397a(a)(3)(ii), you must keep the records 
specified in paragraphs (c)(15)(i), (vi), and (vii) of this section.
    (v) For each collection of fugitive emissions components at a well 
site where you complete the removal of all major production and 
processing equipment such that the well site contains only one or more 
wellheads, record the date the well site completes the removal of all 
major production and processing equipment from the well site, and, if 
the well site is still producing, record the well ID or separate tank 
battery ID receiving the production from the well site. If major 
production and processing equipment is subsequently added back to the 
well site, record the date that the first piece of major production and 
processing equipment is added back to the well site.
    (vi) The fugitive emissions monitoring plan as required in Sec.  
60.5397a(b), (c), and (d).
    (vii) The records of each monitoring survey as specified in 
paragraphs (c)(15)(vii)(A) through (I) of this section.
    (A) Date of the survey.
    (B) Beginning and end time of the survey.
    (C) Name of operator(s), training, and experience of the operator(s) 
performing the survey.
    (D) Monitoring instrument used.
    (E) Fugitive emissions component identification when Method 21 of 
appendix A-7 of this part is used to perform the monitoring survey.
    (F) Ambient temperature, sky conditions, and maximum wind speed at 
the time of the survey. For compressor stations, operating mode of each 
compressor (i.e., operating, standby pressurized, and not operating-
depressurized modes) at the station at the time of the survey.
    (G) Any deviations from the monitoring plan or a statement that 
there were no deviations from the monitoring plan.
    (H) Records of calibrations for the instrument used during the 
monitoring survey.
    (I) Documentation of each fugitive emission detected during the 
monitoring survey, including the information specified in paragraphs 
(c)(15)(vii)(I)(1) through (8) of this section.
    (1) Location of each fugitive emission identified.
    (2) Type of fugitive emissions component, including designation as 
difficult-to-monitor or unsafe-to-monitor, if applicable.
    (3) If Method 21 of appendix A-7 of this part is used for detection, 
record

[[Page 777]]

the component ID and instrument reading.
    (4) For each repair that cannot be made during the monitoring survey 
when the fugitive emissions are initially found, a digital photograph or 
video must be taken of that component or the component must be tagged 
for identification purposes. The digital photograph must include the 
date that the photograph was taken and must clearly identify the 
component by location within the site (e.g., the latitude and longitude 
of the component or by other descriptive landmarks visible in the 
picture). The digital photograph or identification (e.g., tag) may be 
removed after the repair is completed, including verification of repair 
with the resurvey.
    (5) The date of first attempt at repair of the fugitive emissions 
component(s).
    (6) The date of successful repair of the fugitive emissions 
component, including the resurvey to verify repair and instrument used 
for the resurvey.
    (7) Identification of each fugitive emission component placed on 
delay of repair and explanation for each delay of repair
    (8) Date of planned shutdowns that occur while there are any 
components that have been placed on delay of repair.
    (viii) For each collection of fugitive emissions components at a 
well site or collection of fugitive emissions components at a compressor 
station complying with an alternative means of emissions limitation 
under Sec.  60.5399a, you must maintain the records specified by the 
specific alternative fugitive emissions standard for a period of at 
least 5 years.
    (16) For each pneumatic pump affected facility, you must maintain 
the records identified in paragraphs (c)(16)(i) through (v) of this 
section.
    (i) Records of the date, location, and manufacturer specifications 
for each pneumatic pump constructed, modified, or reconstructed.
    (ii) Records of deviations in cases where the pneumatic pump was not 
operated in compliance with the requirements specified in Sec.  
60.5393a, including the date and time the deviation began, duration of 
the deviation, and a description of the deviation.
    (iii) Records on the control device used for control of emissions 
from a pneumatic pump including the installation date, and 
manufacturer's specifications. If the control device is designed to 
achieve less than 95-percent emission reduction, maintain records of the 
design evaluation or manufacturer's specifications which indicate the 
percentage reduction the control device is designed to achieve.
    (iv) Records substantiating a claim according to Sec.  
60.5393a(b)(5) that it is technically infeasible to capture and route 
emissions from a pneumatic pump to a control device or process; 
including the certification according to Sec.  60.5393a(b)(5)(ii) and 
the records of the engineering assessment of technical infeasibility 
performed according to Sec.  60.5393a(b)(5)(iii).
    (v) You must retain copies of all certifications, engineering 
assessments, and related records for a period of five years and make 
them available if directed by the implementing agency.
    (17) For each closed vent system routing to a control device or 
process, the records of the assessment conducted according to Sec.  
60.5411a(d):
    (i) A copy of the assessment conducted according to Sec.  
60.5411a(d)(1);
    (ii) A copy of the certification according to Sec.  
60.5411a(d)(1)(i); and
    (iii) The owner or operator shall retain copies of all 
certifications, assessments, and any related records for a period of 5 
years, and make them available if directed by the delegated authority.
    (18) A copy of each performance test submitted under paragraph 
(b)(9) of this section.

[85 FR 57449, Sept. 15, 2020]



Sec.  60.5421a  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.  60.5401a(b)(1).

[[Page 778]]

    (1) When each leak is detected as specified in Sec.  60.5401a(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.  60.5401a(b)(2), 
the information specified in paragraphs (b)(2)(i) through (x) of this 
section 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.
    (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 Sec.  60.5400a(d) 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.  60.5422a  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)(1) through (3) and (5), and (c)(2)(i) through (iv) and (vii) through 
(viii). You must submit semiannual reports to the EPA via the Compliance 
and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) 
Use the appropriate electronic report in CEDRI for this subpart or an 
alternate electronic file format consistent with the extensible markup 
language (XML) schema listed on the CEDRI website (https://www3.epa.gov/
ttn/chief/cedri/). If the reporting form specific to this subpart is not 
available in CEDRI at the time that the report is due, submit the report 
to the Administrator at the appropriate address listed in Sec.  60.4. 
Once the form has been available in CEDRI for at least 90 days, you must 
begin submitting all subsequent reports via CEDRI. The report must be 
submitted by the deadline specified in this subpart, regardless of the 
method in which the report is submitted.
    (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 (3) and (5): Number of pressure relief 
devices subject to the requirements of Sec.  60.5401a(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 information specified in 
paragraphs (c)(1) and (2) of this section in all semiannual reports in 
addition to the information required in Sec.  60.487a(c)(2)(i) through 
(iv) and (vii) through (viii):
    (1) Number of pressure relief devices for which leaks were detected 
as required in Sec.  60.5401a(b)(2); and
    (2) Number of pressure relief devices for which leaks were not 
repaired as required in Sec.  60.5401a(b)(3).

[81 FR 35898, June 3, 2016, as amended at 85 FR 57457, Sept. 15, 2020]

[[Page 779]]



Sec.  60.5423a  What additional recordkeeping and reporting requirements
apply to my sweetening unit affected facilities?

    (a) You must retain records of the calculations and measurements 
required in Sec. Sec.  60.5405a(a) and (b) and 60.5407a(a) through (g) 
for at least 2 years following the date of the measurements. This 
requirement is included under Sec.  60.7(f) 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. The procedures for submitting annual reports are 
located in Sec.  60.5420a(b). For the purpose of these reports, excess 
emissions are defined as specified in paragraphs (b)(1) and (2) of this 
section. The report must contain the information specified in paragraph 
(b)(3) of this section.
    (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.  60.5407a(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.  60.5407a(b)(3). Each 24-hour period must consist of at least 96 
temperature measurements equally spaced over the 24 hours.
    (3) For each period of excess emissions during the reporting period, 
include the following information in your report:
    (i) The date and time of commencement and completion of each period 
of excess emissions;
    (ii) The required minimum efficiency (Z) and the actual average 
sulfur emissions reduction (R) for periods defined in paragraph (b)(1) 
of this section; and
    (iii) The appropriate operating temperature and the actual average 
temperature of the gases leaving the combustion zone for periods defined 
in paragraph (b)(2) of this section.
    (c) To certify that a facility is exempt from the control 
requirements of these standards, for each facility with a design 
capacity less than 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.  60.5407a(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.
    (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. 
Electronic reporting to the EPA cannot be waived, and as such, the 
provisions of this paragraph do not relieve owners or operators of 
affected facilities of the requirement to submit the electronic reports 
required in this section to the EPA.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57458, Sept. 15, 2020]



Sec.  60.5425a  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.



Sec.  60.5430a  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.

[[Page 780]]

    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.
    Artificial lift equipment means mechanical pumps including, but not 
limited to, rod pumps and electric submersible pumps used to flowback 
fluids from a well.
    Bleed rate means the rate in standard cubic feet per hour at which 
natural gas is continuously vented (bleeds) from a pneumatic controller.
    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:
    (1) 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:
    (i) 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);
    (ii) The percent Y is determined from the following equation: Y = 
(CPI of date of construction/most recently available CPI of date of 
project), where the ``CPI-U, U.S. city average, all items'' must be used 
for each CPI value; and
    (iii) The applicable basic annual asset guideline repair allowance, 
B, is 4.5.
    (2) [Reserved]
    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 with an affected facility subject to this subpart 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 CAA or the 
regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under this 
part.
    Coil tubing cleanout means the process where an operator runs a 
string of coil tubing to the packed proppant within a well and jets the 
well to dislodge the proppant and provide sufficient lift energy to flow 
it to the surface. Coil tubing cleanout includes mechanical methods to 
remove solids and/or debris from a wellbore.
    Collection system means any infrastructure that conveys gas or 
liquids from the well site to another location

[[Page 781]]

for treatment, storage, processing, recycling, disposal or other 
handling.
    Completion combustion device means any ignition device, installed 
horizontally or vertically, used in exploration and production 
operations to combust otherwise vented emissions from completions. 
Completion combustion devices include pit flares.
    Compressor station means any permanent combination of one or more 
compressors that move natural gas at increased pressure through 
gathering pipelines. This includes, but is not limited to, gathering and 
boosting stations. The combination of one or more compressors located at 
a well site, or located at an onshore natural gas processing plant, is 
not a compressor station for purposes of Sec.  60.5397a.
    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 a pneumatic controller.
    Crude Oil and Natural Gas Production source category means:
    (1) Crude oil production, which includes the well and extends to the 
point of custody transfer to the crude oil transmission pipeline or any 
other forms of transportation; and
    (2) Natural gas production and processing, which includes the well 
and extends to, but does not include, the point of custody transfer to 
the natural gas transmission and storage segment.
    Custody meter means the meter where natural gas or hydrocarbon 
liquids are measured for sales, transfers, and/or royalty determination.
    Custody meter assembly means an assembly of fugitive emissions 
components, including the custody meter, valves, flanges, and connectors 
necessary for the proper operation of the custody meter.
    Custody transfer means the transfer of crude oil or 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).
    Delineation well means a well drilled in order to determine the 
boundary of a field or producing reservoir.
    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.
    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.
    First attempt at repair means, for the purposes of fugitive 
emissions components, an action taken for the purpose of stopping or 
reducing fugitive emissions to the atmosphere. First attempts at repair 
include, but are not limited to, the following practices where 
practicable and appropriate: Tightening bonnet bolts; replacing bonnet 
bolts; tightening packing gland nuts; or injecting lubricant into 
lubricated packing.
    Flare means a thermal oxidation system using an open (without 
enclosure)

[[Page 782]]

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 or a mainline pipeline.
    Flowback means the process of allowing fluids and entrained solids 
to flow from a 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 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. Screenouts, 
coil tubing cleanouts, and plug drill-outs are not considered part of 
the flowback process.
    Fugitive emissions component means any component that has the 
potential to emit fugitive emissions of VOC at a well site or compressor 
station, including valves, connectors, pressure relief devices, open-
ended lines, flanges, covers and closed vent systems not subject to 
Sec.  60.5411 or Sec.  60.5411a, thief hatches or other openings on a 
controlled storage vessel not subject to Sec.  60.5395 or Sec.  
60.5395a, compressors, instruments, and meters. Devices that vent as 
part of normal operations, such as natural gas-driven pneumatic 
controllers or natural gas-driven pumps, are not fugitive emissions 
components, insofar as the natural gas discharged from the device's vent 
is not considered a fugitive emission. Emissions originating from other 
than the device's vent, such as the thief hatch on a controlled storage 
vessel, would be considered fugitive emissions.
    Gas to oil ratio (GOR) means the ratio of the volume of gas at 
standard temperature and pressure that is produced from a volume of oil 
when depressurized to standard temperature and pressure.
    Hydraulic fracturing 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.  
60.5401a(f)(2).
    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 is designed to vent 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.
    Liquid collection system means tankage and/or lines at a well site 
to contain liquids from one or more wells or to convey liquids to 
another site.
    Local distribution company (LDC) custody transfer station means a 
metering station where the LDC receives a natural gas supply from an 
upstream supplier, which may be an interstate transmission pipeline or a 
local natural gas producer, for delivery to customers through the LDC's 
intrastate transmission or distribution lines.
    Low pressure well means a well that satisfies at least one of the 
following conditions:
    (1) The static pressure at the wellhead following fracturing but 
prior to

[[Page 783]]

the onset of flowback is less than the flow line pressure;
    (2) The pressure of flowback fluid immediately before it enters the 
flow line, as determined under Sec.  60.5432a, is less than the flow 
line pressure; or
    (3) Flowback of the fracture fluids will not occur without the use 
of artificial lift equipment.
    Major production and processing equipment means reciprocating or 
centrifugal compressors, glycol dehydrators, heater/treaters, 
separators, and storage vessels collecting crude oil, condensate, 
intermediate hydrocarbon liquids, or produced water, for the purpose of 
determining whether a well site is a wellhead only well site.
    Maximum average daily throughput means the following:
    (1) For storage vessels that commenced construction, reconstruction, 
or modification after September 18, 2015, and on and before November 16, 
2020, maximum average daily throughput means the earliest calculation of 
daily average throughput during the 30-day PTE evaluation period 
employing generally accepted methods.
    (2) For storage vessels that commenced construction, reconstruction, 
or modification after November 16, 2020, maximum average daily 
throughput means the earliest calculation of daily average throughput, 
determined as described in paragraph (3) or (4) of this definition, to 
an individual storage vessel over the days that production is routed to 
that storage vessel during the 30-day PTE evaluation period employing 
generally accepted methods specified in Sec.  60.5365a(e)(1).
    (3) If throughput to the individual storage vessel is measured on a 
daily basis (e.g., via level gauge automation or daily manual gauging), 
the maximum average daily throughput is the average of all daily 
throughputs for days on which throughput was routed to that storage 
vessel during the 30-day evaluation period; or
    (4) If throughput to the individual storage vessel is not measured 
on a daily basis (e.g., via manual gauging at the start and end of 
loadouts), the maximum average daily throughput is the highest, of the 
average daily throughputs, determined for any production period to that 
storage vessel during the 30-day evaluation period, as determined by 
averaging total throughput to that storage vessel over each production 
period. A production period begins when production begins to be routed 
to a storage vessel and ends either when throughput is routed away from 
that storage vessel or when a loadout occurs from that storage vessel, 
whichever happens first. Regardless of the determination methodology, 
operators must not include days during which throughput is not routed to 
an individual storage vessel when calculating maximum average daily 
throughput for that storage vessel.
    Natural gas-driven diaphragm pump means a positive displacement pump 
powered by pressurized natural gas that uses the reciprocating action of 
flexible diaphragms in conjunction with check valves to pump a fluid. A 
pump in which a fluid is displaced by a piston driven by a diaphragm is 
not considered a diaphragm pump for purposes of this subpart. A lean 
glycol circulation pump that relies on energy exchange with the rich 
glycol from the contactor is not considered a diaphragm pump.
    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,

[[Page 784]]

storage area, or other wholesale source of gas to one or more 
distribution area(s).
    Natural gas transmission and storage segment means the transport or 
storage of natural gas prior to delivery to a ``local distribution 
company custody transfer station'' (as defined in this section) or to a 
final end user (if there is no local distribution company custody 
transfer station). For the purposes of this subpart, natural gas enters 
the natural gas transmission and storage segment after the natural gas 
processing plant, when present. If no natural gas processing plant is 
present, natural gas enters the natural gas transmission and storage 
segment after the point of ``custody transfer'' (as defined in this 
section). A compressor station that transports natural gas prior to the 
point of ``custody transfer'' or to a natural gas processing plant (if 
present) is not considered a part of the natural gas transmission and 
storage segment.
    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.
    Plug drill-out means the removal of a plug (or plugs) that was used 
to isolate different sections of the well.
    Pneumatic controller means an automated instrument used for 
maintaining 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.
    Qualified Professional Engineer means an individual who is licensed 
by a state as a Professional Engineer to practice one or more 
disciplines of engineering and who is qualified by education, technical 
knowledge and experience to make the specific technical certifications 
required under this subpart. Professional engineers making these 
certifications must be currently licensed in at least one state in which 
the certifying official is located.
    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, or other mechanism that 
provides the same function.
    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 gas flow line or collection 
system, re-injected into the well or another well, used as an onsite 
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

[[Page 785]]

been physically isolated and disconnected from the process for a purpose 
other than maintenance in accordance with Sec.  60.5395a(c)(1).
    Repaired means, for the purposes of fugitive emissions components, 
that fugitive emissions components are adjusted, replaced, or otherwise 
altered, in order to eliminate fugitive emissions as defined in Sec.  
60.5397a and resurveyed as specified in Sec.  60.5397a(h)(4) and it is 
verified that emissions from the fugitive emissions components are below 
the applicable fugitive emissions definition.
    Returned to service means that a storage vessel affected facility 
that was removed from service has been:
    (1) Reconnected to the original source of liquids or has been used 
to replace any storage vessel affected facility; or
    (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 
that is operational 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.
    Screenout means an attempt to clear proppant from the wellbore to 
dislodge the proppant out of the well.
    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, except as otherwise provided in this definition. For the 
purposes of the fugitive monitoring requirements of Sec.  60.5397a, 
startup of production means the beginning of the 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. 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.  60.5395a(c)(1) 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.  60.5420a(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

[[Page 786]]

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-6 of this part.
    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)).
    UIC Class I oilfield disposal well means a well with a UIC Class I 
permit that meets the definition in 40 CFR 144.6(a)(2) and receives 
eligible fluids from oil and natural gas exploration and production 
operations.
    UIC Class II oilfield disposal well means a well with a UIC Class II 
permit where wastewater resulting from oil and natural gas production 
operations is injected into underground porous rock formations not 
productive of oil or gas, and sealed above and below by unbroken, 
impermeable strata.
    Underground storage vessel means a storage vessel stored below 
ground.
    Well means a hole drilled for the purpose of producing oil or 
natural gas, or a well into which fluids are injected.
    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 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 surface sites that are constructed for 
the drilling and subsequent operation of any oil well, natural gas well, 
or injection well. For purposes of the fugitive emissions standards at 
Sec.  60.5397a, well site also means a separate tank battery surface 
site collecting crude oil, condensate, intermediate hydrocarbon liquids, 
or produced water from wells not located at the well site (e.g., 
centralized tank batteries). Also, for the purposes of the fugitive 
emissions standards at Sec.  60.5397a, a well site does not include:
    (1) UIC Class II oilfield disposal wells and disposal facilities;
    (2) UIC Class I oilfield disposal wells; and
    (3) The flange immediately upstream of the custody meter assembly 
and equipment, including fugitive emissions components, located 
downstream of this flange.
    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.
    Wellhead only well site means, for the purposes of the fugitive 
emissions standards at Sec.  60.5397a, a well site that contains one or 
more wellheads and no major production and processing equipment.
    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.

[81 FR 35898, June 3, 2016, as amended at 85 FR 57072, Sept. 14, 2020; 
85 FR 57458, Sept. 15, 2020]



Sec.  60.5432a  How do I determine whether a well is a low pressure well
using the low pressure well equation?

    (a) To determine that your well is a low pressure well subject to

[[Page 787]]

Sec.  60.5375a(f), you must determine whether the characteristics of the 
well are such that the well meets the definition of low pressure well in 
Sec.  60.5430a. To determine that the well meets the definition of low 
pressure well in Sec.  60.5430a, you must use the low pressure well 
equation below:
[GRAPHIC] [TIFF OMITTED] TR03JN16.006


Where:

(1) PL is the pressure of flowback fluid immediately before it enters 
          the flow line, expressed in pounds force per square inch 
          (psia), and is to be calculated using the equation above;
(2) PR is the pressure of the reservoir containing oil, gas, and water 
          at the well site, expressed in psia;
(3) Lis the true vertical depth of the well, expressed in feet (ft);
(4) qo is the flow rate of oil in the well, expressed in cubic feet/
          second (cu ft/sec);
(5) qg is the flow rate of gas in the well, expressed in cu ft/sec;
(6) qw is the flow rate of water in the well, expressed in cu ft/sec;
(7) [rho]o is the density of oil in the well, expressed in pounds mass 
          per cubic feet (lbm/cu ft).

    (b) You must determine the four values in paragraphs (a)(4) through 
(7) of this section, using the calculations in paragraphs (b)(1) through 
(b)(15) of this section.
    (1) Determine the value of the bottom hole pressure, PBH (psia), 
based on available information at the well site, or by calculating it 
using the reservoir pressure, PR (psia), in the following equation:
[GRAPHIC] [TIFF OMITTED] TR03JN16.007

    (2) Determine the value of the bottom hole temperature, TBH (F), 
based on available information at the well site, or by calculating it 
using the true vertical depth of the well, L (ft), in the following 
equation:

TBH (F) = (0.014 x L) + 79.081

    (3) Calculate the value of the applicable natural gas specific 
gravity that would result from a separator pressure of 100 psig, 
[gamma]gs, using the following equation with: Separator at standard 
conditions (pressure, p = 14.7 (psia), temperature, T = 60 (F)); the oil 
API gravity at the well site, [gamma]0; and the gas specific 
gravity at the separator under standard conditions, [gamma]gp = 0.75:
[GRAPHIC] [TIFF OMITTED] TR03JN16.008

    (4) Calculate the value of the applicable dissolved GOR, Rs (scf/
STBO), using the following equation with: The bottom hole pressure, PBH 
(psia), determined in (b)(1) of this section; the bottom hole 
temperature, TBH (F), determined in (b)(2) of this section; the gas 
gravity at separator pressure of 100 psig, [gamma]gs, calculated in 
(b)(3) of this section; the oil API gravity, [gamma]o, at the well

[[Page 788]]

site; and the constants, C1, C2, and C3, found in Table A:
[GRAPHIC] [TIFF OMITTED] TR03JN16.009


            Table A--Coefficients for the correlation for Rs
------------------------------------------------------------------------
                                                  [gamma]API  [gamma]API
                    Constant                         <= 30       > 30
------------------------------------------------------------------------
C1..............................................      0.0362      0.0178
C2..............................................      1.0937      1.1870
C3..............................................     25.7240      23.931
------------------------------------------------------------------------

    (5) Calculate the value of the oil formation volume factor, Bo (bbl/
STBO), using the following equation with: the bottom hole temperature, 
TBH (F), determined in paragraph (b)(2) of this section; the gas gravity 
at separator pressure of 100 psig, [gamma]gs, calculated in paragraph 
(b)(3) of this section; the dissolved GOR, Rs (scf/STBO), calculated in 
paragraph (b)(4) of this section; the oil API gravity, [gamma]o, at the 
well site; and the constants, C1, C2, and C3, found in Table B:
[GRAPHIC] [TIFF OMITTED] TR03JN16.010


                                Table B--Coefficients for the Correlation for Bo
----------------------------------------------------------------------------------------------------------------
                           Constant                                 [gamma]API <= 30         [gamma]API > 30
----------------------------------------------------------------------------------------------------------------
C1............................................................            4.677 x 10 -4            4.670 x 10 -4
C2............................................................            1.751 x 10 -5            1.100 x 10 -5
C3............................................................           -1.811 x 10 -8            1.337 x 10 -9
----------------------------------------------------------------------------------------------------------------

    (6) Calculate the density of oil at the wellhead,
    [GRAPHIC] [TIFF OMITTED] TR03JN16.300
    

using the following equation with the value of the oil API gravity, 
[gamma]o, at the well site:
[GRAPHIC] [TIFF OMITTED] TR03JN16.301

    (7) Calculate the density of oil at bottom hole conditions,
    [GRAPHIC] [TIFF OMITTED] TR03JN16.302
    

using the following equation with: the dissolved GOR, Rs (scf/ STBO), 
calculated in paragraph (b)(4) of this section; the oil formation volume 
factor, Bo (bbl/ STBO), calculated in paragraph (b)(5) of this section; 
the oil density at the wellhead,
[GRAPHIC] [TIFF OMITTED] TR03JN16.303


calculated in paragraph (b)(6) of this section; and the dissolved gas 
gravity, [gamma]gd = 0.77:
[GRAPHIC] [TIFF OMITTED] TR03JN16.304


[[Page 789]]


    (8) Calculate the density of oil in the well,
    [GRAPHIC] [TIFF OMITTED] TR03JN16.305
    

using the following equation with the density of oil at the wellhead,
[GRAPHIC] [TIFF OMITTED] TR03JN16.306


calculated in paragraph (b)(6) of this section; and the density of oil 
at bottom hole conditions,
[GRAPHIC] [TIFF OMITTED] TR03JN16.307


calculated in paragraph (b)(7) of this section:
[GRAPHIC] [TIFF OMITTED] TR03JN16.308

    (9) Calculate the oil flow rate, qo (cu ft/sec,) using the following 
equation with: the oil formation volume factor, Bo (bbl/ STBO), as 
calculated in paragraph (b)(5) of this section; and the estimated oil 
production rate at the well head, Qo (STBO/ day):
[GRAPHIC] [TIFF OMITTED] TR03JN16.309

    (10) Calculate the critical pressure, Pc (psia), and 
critical temperature, Tc (R), using the equations below with: 
Gas gravity at standard conditions (pressure, P = 14.7 (psia), 
temperature, T = 60 (F)), [gamma] = 0.75; and where the mole fractions 
of nitrogen, carbon dioxide and hydrogen sulfide in the gas are XN2 = 
0.168225, XCO2 = 0.013163, and XH2S = 0.013680, respectively:

Pc(psia) = 678 - 50 [middot] ([gamma]g -0.5) - 206.7 [middot] XN2 + 440 
          [middot] XCO2 + 606.7 [middot] XH2S
Tc(R) = 326 + 315.7 [middot] ([gamma]g - 0.5) - 240 [middot] XN2 - 88.3 
          [middot] XCO2 + 133.3 [middot] XH2S

    (11) Calculate reduced pressure, Pr, and reduced 
temperature, Tr, using the following equations with: the 
bottom hole pressure, PBH, as determined in paragraph (b)(1) of this 
section; the bottom hole temperature, TBH (F), as determined in 
paragraph (b)(2) of this section in the following equations:
[GRAPHIC] [TIFF OMITTED] TR03JN16.310

[GRAPHIC] [TIFF OMITTED] TR03JN16.311

    (12)(i) Calculate the gas compressibility factor, Z, using the 
following equation with the reduced pressure, Pr, calculated 
in paragraph (b)(11) of this section:

[[Page 790]]

[GRAPHIC] [TIFF OMITTED] TR03JN16.312

    (ii) The values for A, B, C, D in the above equation, are calculated 
using the following equations with the reduced pressure, Pr, 
and reduced temperature, Tr, calculated in paragraph (b)(11) 
of this section:
[GRAPHIC] [TIFF OMITTED] TR03JN16.313

    (13) Calculate the gas formation volume factor,
    [GRAPHIC] [TIFF OMITTED] TR03JN16.314
    

using the bottom hole pressure, PBH (psia), as determined in paragraph 
(b)(1) of this section; and the bottom hole temperature, TBH (F), as 
determined in paragraph (b)(2) of this section:
[GRAPHIC] [TIFF OMITTED] TR03JN16.315

    (14) Calculate the gas flow rate,
    [GRAPHIC] [TIFF OMITTED] TR03JN16.316
    

using the following equation with: the value of gas formation volume 
factor,
[GRAPHIC] [TIFF OMITTED] TR03JN16.317


calculated in paragraph (b)(13) of this section; the estimated gas 
production rate, Qg (scf/ day); the estimated oil production rate, Qo 
(STBO/ day); and the dissolved GOR, Rs (scf/ STBO), as calculated in 
paragraph (b)(4) of this section:
[GRAPHIC] [TIFF OMITTED] TR03JN16.318


[[Page 791]]


    (15) Calculate the flow rate of water in the well, qw (cu ft/sec), 
using the following equation with the water production rate Qw (bbl/day) 
at the well site:
[GRAPHIC] [TIFF OMITTED] TR03JN16.319



Sec. Sec.  60.5433a-60.5439a  [Reserved]



   Sec. Table 1 to Subpart OOOOa of Part 60--Required Minimum Initial 
      SO2 Emission Reduction Efficiency (Zi)

----------------------------------------------------------------------------------------------------------------
                                                             Sulfur feed rate (X), LT/D
                                   -----------------------------------------------------------------------------
  H2S content of acid gas (Y), %                                                                  X 
                                     2.0 < X < 5.0      5.0 < X < 15.0       15.0 < X < 300.0         300.0
----------------------------------------------------------------------------------------------------------------
Y  50..................            79.0      88.51X\0.0101\Y\0.0125\ or 99.9, whichever is smaller.
----------------------------------------------------------------------------------------------------------------
20 < Y < 50.......................            79.0   88.51X\0.0101\Y\0.0125\ or 97.9, whichever            97.9
                                                                      is smaller
----------------------------------------------------------------------------------------------------------------
10 < Y < 20.......................            79.0   88.51X\0.0101\Y\0.01          93.5                    93.5
                                                      25\ or 93.5,
                                                      whichever is
                                                      smaller.
----------------------------------------------------------------------------------------------------------------
Y < 10............................            79.0           79.0                  79.0                    79.0
----------------------------------------------------------------------------------------------------------------



       Sec. Table 2 to Subpart OOOOa of Part 60--Required Minimum 
      SO2 Emission Reduction Efficiency (Zc)

----------------------------------------------------------------------------------------------------------------
                                                             Sulfur feed rate (X), LT/D
                                   -----------------------------------------------------------------------------
  H2S content of acid gas (Y), %                                                                  X 
                                     2.0 < X < 5.0      5.0 < X < 15.0       15.0 < X < 300.0         300.0
----------------------------------------------------------------------------------------------------------------
Y  50..................            74.0      85.35X\0.0144\Y\0.0128\ or 99.9, whichever is smaller.
----------------------------------------------------------------------------------------------------------------
20 < Y < 50.......................            74.0   85.35X\0.0144\Y\0.0128\ or 97.5, whichever            97.5
                                                                      is smaller
----------------------------------------------------------------------------------------------------------------
10 < Y < 20.......................            74.0   85.35X\0.0144\Y\0.01          90.8                    90.8
                                                      28\ or 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.
    As stated in Sec.  60.5425a, you must comply with the following 
applicable General Provisions:



   Sec. Table 3 to Subpart OOOOa of Part 60--Applicability of General 
                       Provisions to Subpart OOOOa

----------------------------------------------------------------------------------------------------------------
    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.
                                                                                            60.5430a.

[[Page 792]]

 
Sec.   60.3.......................  Units and              Yes
                                     abbreviations.
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.
                                     record keeping.                                        60.7 only applies as
                                                                                            specified in Sec.
                                                                                            60.5420a(a).
Sec.   60.8.......................  Performance tests....  Yes...........................  Except that the
                                                                                            format of
                                                                                            performance test
                                                                                            reports is described
                                                                                            in Sec.
                                                                                            60.5420a(b).
                                                                                            Performance testing
                                                                                            is required for
                                                                                            control devices used
                                                                                            on storage vessels,
                                                                                            centrifugal
                                                                                            compressors, and
                                                                                            pneumatic pumps,
                                                                                            except that
                                                                                            performance testing
                                                                                            is not required for
                                                                                            a control device
                                                                                            used solely on
                                                                                            pneumatic pump(s).
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                                            OOOOa.
                                     requirements.
Sec.   60.12......................  Circumvention........  Yes
Sec.   60.13......................  Monitoring             Yes...........................  Continuous monitors
                                     requirements.                                          are required for
                                                                                            storage vessels.
Sec.   60.14......................  Modification.........  Yes...........................  To the extent any
                                                                                            provision in Sec.
                                                                                            60.14 conflicts with
                                                                                            specific provisions
                                                                                            in subpart OOOOa, it
                                                                                            is superseded by
                                                                                            subpart OOOOa
                                                                                            provisions.
Sec.   60.15......................  Reconstruction.......  Yes...........................  Except that Sec.
                                                                                            60.15(d) does not
                                                                                            apply to wells,
                                                                                            pneumatic
                                                                                            controllers,
                                                                                            pneumatic pumps,
                                                                                            centrifugal
                                                                                            compressors,
                                                                                            reciprocating
                                                                                            compressors, storage
                                                                                            vessels, or the
                                                                                            collection of
                                                                                            fugitive emissions
                                                                                            components at a well
                                                                                            site or the
                                                                                            collection of
                                                                                            fugitive emissions
                                                                                            components at a
                                                                                            compressor station.
Sec.   60.16......................  Priority list........  Yes
Sec.   60.17......................  Incorporations by      Yes
                                     reference.
Sec.   60.18......................  General control        Yes
                                     device and work
                                     practice
                                     requirements.
Sec.   60.19......................  General notification   Yes
                                     and reporting
                                     requirement.
----------------------------------------------------------------------------------------------------------------


[81 FR 35898, June 3, 2016, as amended at 85 FR 57460, Sept. 15, 2020]

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.

[[Page 793]]

    (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.
    (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

[[Page 794]]

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.
    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

[[Page 795]]

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 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 (0.043 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 
(0.064 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 (0.064 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 burn only 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 (including a 
certification by the third-party organization that the pellets do

[[Page 796]]

not contain, and are not manufactured from, any of the prohibited fuels 
in paragraph (f) of this section). 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.
    (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.

[80 FR 13715, Mar. 16, 2015, as amended at 85 FR 18455, Apr. 2, 2020; 88 
FR 18402, Mar. 29, 2023]



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 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

[[Page 797]]

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 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

[[Page 798]]

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.
    (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.

[[Page 799]]

    (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.
    (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

[[Page 800]]

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 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

[[Page 801]]

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 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:

[[Page 802]]

    (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 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

[[Page 803]]

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.
    (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.

[[Page 804]]

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 conducting a comparison to the 
delivered efficiency to determine if a more detailed examination should 
be made.
    (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

[[Page 805]]

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, particulate matter emission concentrations must be 
measured with ASTM E2515-11 (IBR, see Sec.  60.17) with the following 
exceptions, eliminate section 9.6.5.1 of ASTM E2515-11 and perform the 
post-test leak checks as described in paragraph (f)(1) of this section. 
Additionally, if a component change of either sampling train is needed 
during sampling, then perform the leak check specified in paragraph 
(f)(2) of this section. Four-inch filters and Teflon membrane filters or 
Teflon-coated glass fiber filters may be used in ASTM E2515-11. For all 
tests conducted using ASTM 2515-11, with the exceptions described in 
paragraphs (f)(1) and (2) of this section, the manufacturer and approved 
test laboratory must also measure the first hour of particulate matter 
emissions for each test run by sampling with a third, identical and 
independent sampling train operated concurrently with the first hour of 
PM paired train compliance testing. The manufacturer and approved test 
laboratory must report the test results for this third train separately 
as the first hour emissions.
    (1) Post-test leak check. A leak check of each sampling train is 
mandatory at the conclusion of each sampling run before sample recovery. 
The leak check must be performed in accordance with the procedures of 
ASTM E2515-11, section 9.6.4.1 (IBR, see Sec.  60.17), except that it 
must be conducted at a vacuum equal to or greater than the maximum value 
reached during the sampling run. If the leakage rate is found to be no 
greater than 0.0003 m\3\/min (0.01 cfm) or 4% of the average sampling 
rate (whichever is less), the leak check results are acceptable. If a 
higher leakage rate is obtained, the sampling run is invalid.
    (2) Leak checks during sample run. If, during a sampling run, a 
component (e.g., filter assembly) change becomes necessary, a leak check 
must be conducted immediately before the change is made. Record the 
sample volume before and after the leak test. The sample volume 
collected during any leak checks must not be included in the total 
sample volume for the test run. The leak check must be done according to 
the procedure outlined in ASTM E2515-11, section 9.6.4.1 (IBR, see Sec.  
60.17), except that it must be done at a vacuum equal to or greater than 
the maximum value recorded up to that point in the sampling run. If the 
leakage rate is found to be no greater than 0.0003 m\3\/min (0.01 cfm) 
or 4% of the average sampling rate (whichever is less), the leak check 
results are acceptable. If a higher leakage rate is obtained, the 
sampling run is invalid.

    Note 1 to paragraph (f): Immediately after component changes, leak 
checks are optional but highly recommended. If such leak checks are 
done, the procedure in paragraph (f)(1) of this section should be used.

    (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,

[[Page 806]]

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 test series. During certification tests, the manufacturer 
may communicate with the third-party certifier, and only in writing to 
notify them that the manufacturer has observed a deviation from proper 
test procedures by the laboratory. 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).

[80 FR 13715, Mar. 16, 2015, as amended at 85 FR 63410, Oct. 7, 2020; 88 
FR 18402, Mar. 29, 2023]



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

[[Page 807]]

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.
    (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

[[Page 808]]

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:
    (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:


[[Page 809]]


``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 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

[[Page 810]]

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 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

[[Page 811]]

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 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

[[Page 812]]

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--
    (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.

[[Page 813]]

    (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), 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

[[Page 814]]

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.  60.5482  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)(1), and (g);
    (c) Section 60.15(d).

[80 FR 13715, Mar. 16, 2015, as amended at 88 FR 18403, Mar. 29, 2023]



 Subpart TTTT_Standards of Performance for Greenhouse Gas Emissions for 
                        Electric Generating Units

    Source: 80 FR 64648, Oct. 23, 2015, unless otherwise noted.

                              Applicability



Sec.  60.5508  What is the purpose of this subpart?

    This subpart establishes emission standards and compliance schedules 
for the control of greenhouse gas (GHG) emissions from a steam 
generating unit, IGCC, or a stationary combustion turbine that commences 
construction after January 8, 2014 or commences modification or 
reconstruction after

[[Page 815]]

June 18, 2014. An affected steam generating unit, IGCC, or stationary 
combustion turbine shall, for the purposes of this subpart, be referred 
to as an affected EGU.



Sec.  60.5509  Am I subject to this subpart?

    (a) Except as provided for in paragraph (b) of this section, the GHG 
standards included in this subpart apply to any steam generating unit, 
IGCC, or stationary combustion turbine that commenced construction after 
January 8, 2014 or commenced reconstruction after June 18, 2014 that 
meets the relevant applicability conditions in paragraphs (a)(1) and (2) 
of this section. The GHG standards included in this subpart also apply 
to any steam generating unit or IGCC that commenced modification after 
June 18, 2014 that meets the relevant applicability conditions in 
paragraphs (a)(1) and (2) of this section.
    (1) Has a base load rating greater than 260 GJ/h (250 MMBtu/h) of 
fossil fuel (either alone or in combination with any other fuel); and
    (2) Serves a generator or generators capable of selling greater than 
25 MW of electricity to a utility power distribution system.
    (b) You are not subject to the requirements of this subpart if your 
affected EGU meets any of the conditions specified in paragraphs (b)(1) 
through (10) of this section.
    (1) Your EGU is a steam generating unit or IGCC that is currently 
and always has been subject to a federally enforceable permit condition 
limiting annual net-electric sales to no more than one-third of its 
potential electric output or 219,000 MWh, whichever is greater.
    (2) Your EGU is capable of combusting 50 percent or more non-fossil 
fuel and is also subject to a federally enforceable permit condition 
limiting the annual capacity factor for all fossil fuels combined of 10 
percent (0.10) or less.
    (3) Your EGU is a combined heat and power unit that is subject to a 
federally enforceable permit condition limiting annual net-electric 
sales to no more than either 219,000 MWh or the product of the design 
efficiency and the potential electric output, whichever is greater.
    (4) Your EGU serves a generator along with other steam generating 
unit(s), IGCC, or stationary combustion turbine(s) where the effective 
generation capacity (determined based on a prorated output of the base 
load rating of each steam generating unit, IGCC, or stationary 
combustion turbine) is 25 MW or less.
    (5) Your EGU is a municipal waste combustor that is subject to 
subpart Eb of this part.
    (6) Your EGU is a commercial or industrial solid waste incineration 
unit that is subject to subpart CCCC of this part.
    (7) Your EGU is a steam generating unit or IGCC that undergoes a 
modification resulting in an hourly increase in CO2 emissions 
(mass per hour) of 10 percent or less (2 significant figures). Modified 
units that are not subject to the requirements of this subpart pursuant 
to this subsection continue to be existing units under section 111 with 
respect to CO2 emissions standards.
    (8) Your EGU is a stationary combustion turbine that is not capable 
of combusting natural gas (e.g., not connected to a natural gas 
pipeline).
    (9) The proposed Washington County EGU project described in Air 
Quality Permit No. 4911-303-0051-P-01-0 issued by the Georgia Department 
of Natural Resources, Environmental Protection Division, Air Protection 
Branch, effective April 8, 2010, provided that construction had not 
commenced for NSPS purposes as of January 8, 2014.
    (10) The proposed Holcomb EGU project described in Air Emission 
Source Construction Permit 0550023 issued by the Kansas Department of 
Health and Environment, Division of Environment, effective December 16, 
2010, provided that construction had not commenced for NSPS purposes as 
of January 8, 2014.

                           Emission Standards



Sec.  60.5515  Which pollutants are regulated by this subpart?

    (a) The pollutants regulated by this subpart are greenhouse gases. 
The

[[Page 816]]

greenhouse gas standard in this subpart is in the form of a limitation 
on emission of carbon dioxide.
    (b) PSD and title V thresholds for greenhouse gases. (1) For the 
purposes of 40 CFR 51.166(b)(49)(ii), with respect to GHG emissions from 
affected facilities, the ``pollutant that is subject to the standard 
promulgated under section 111 of the Act'' shall be considered to be the 
pollutant that otherwise is subject to regulation under the Act as 
defined in Sec.  51.166(b)(48) of this chapter and in any SIP approved 
by the EPA that is interpreted to incorporate, or specifically 
incorporates, Sec.  51.166(b)(48).
    (2) For the purposes of 40 CFR 52.21(b)(50)(ii), with respect to GHG 
emissions from affected facilities, the ``pollutant that is subject to 
the standard promulgated under section 111 of the Act'' shall be 
considered to be the pollutant that otherwise is subject to regulation 
under the Act as defined in Sec.  52.21(b)(49) of this chapter.
    (3) For the purposes of 40 CFR 70.2, with respect to greenhouse gas 
emissions from affected facilities, the ``pollutant that is subject to 
any standard promulgated under section 111 of the Act'' shall be 
considered to be the pollutant that otherwise is ``subject to 
regulation'' as defined in 40 CFR 70.2.
    (4) For the purposes of 40 CFR 71.2, with respect to greenhouse gas 
emissions from affected facilities, the ``pollutant that is subject to 
any standard promulgated under section 111 of the Act'' shall be 
considered to be the pollutant that otherwise is ``subject to 
regulation'' as defined in 40 CFR 71.2.



Sec.  60.5520  What CO2 emissions standard must I meet?

    (a) For each affected EGU subject to this subpart, you must not 
discharge from the affected EGU any gases that contain CO2 in 
excess of the applicable CO2 emission standard specified in 
table 1 or 2 of this subpart, consistent with paragraphs (b), (c), and 
(d) of this section, as applicable.
    (b) Except as specified in paragraphs (c) and (d) of this section, 
you must comply with the applicable gross energy output standard, and 
your operating permit must include monitoring, recordkeeping, and 
reporting methodologies based on the applicable gross energy output 
standard. For the remainder of this subpart (for sources that do not 
qualify under paragraphs (c) and (d) of this section), where the term 
``gross or net energy output'' is used, the term that applies to you is 
``gross energy output.''
    (c) As an alternate to meeting the requirements in paragraph (b) of 
this section, an owner or operator of a stationary combustion turbine 
may petition the Administrator in writing to comply with the alternate 
applicable net energy output standard. If the Administrator grants the 
petition, beginning on the date the Administrator grants the petition, 
the affected EGU must comply with the applicable net energy output-based 
standard included in this subpart. Your operating permit must include 
monitoring, recordkeeping, and reporting methodologies based on the 
applicable net energy output standard. For the remainder of this 
subpart, where the term ``gross or net energy output'' is used, the term 
that applies to you is ``net energy output.'' Owners or operators 
complying with the net output-based standard must petition the 
Administrator to switch back to complying with the gross energy output-
based standard.
    (d) Stationary combustion turbines subject to a heat input-based 
standard in table 2 of this subpart that are only permitted to burn one 
or more uniform fuels, as described in paragraph (d)(1) of this section, 
are only subject to the monitoring requirements in paragraph (d)(1). All 
other stationary combustion turbines subject to a heat input based 
standard in table 2 are subject to the requirements in paragraph (d)(2) 
of this section.
    (1) Stationary combustion turbines that are only permitted to burn 
fuels with a consistent chemical composition (i.e., uniform fuels) that 
result in a consistent emission rate of 160 lb CO2/MMBtu or 
less are not subject to any monitoring or reporting requirements under 
this subpart. These fuels include, but are not limited to, natural gas, 
methane, butane, butylene, ethane, ethylene, propane, naphtha, 
propylene, jet fuel kerosene, No. 1 fuel oil, No. 2 fuel oil, and 
biodiesel. Stationary combustion turbines qualifying under this

[[Page 817]]

paragraph are only required to maintain purchase records for permitted 
fuels.
    (2) Stationary combustion turbines permitted to burn fuels that do 
not have a consistent chemical composition or that do not have an 
emission rate of 160 lb CO2/MMBtu or less (e.g., non-uniform 
fuels such as residual oil and non-jet fuel kerosene) must follow the 
monitoring, recordkeeping, and reporting requirements necessary to 
complete the heat input-based calculations under this subpart.

                     General Compliance Requirements



Sec.  60.5525  What are my general requirements for complying with this subpart?

    Combustion turbines qualifying under Sec.  60.5520(d)(1) are not 
subject to any requirements in this section other than the requirement 
to maintain fuel purchase records for permitted fuel(s). For all other 
affected sources, compliance with the applicable CO2 emission 
standard of this subpart shall be determined on a 12-operating-month 
rolling average basis. See table 1 or 2 of this subpart for the 
applicable CO2 emission standards.
    (a) You must be in compliance with the emission standards in this 
subpart that apply to your affected EGU at all times. However, you must 
determine compliance with the emission standards only at the end of the 
applicable operating month, as provided in paragraph (a)(1) of this 
section.
    (1) For each affected EGU subject to a CO2 emissions 
standard based on a 12-operating-month rolling average, you must 
determine compliance monthly by calculating the average CO2 
emissions rate for the affected EGU at the end of the initial and each 
subsequent 12-operating-month period.
    (2) Consistent with Sec.  60.5520(d)(2), if your affected stationary 
combustion turbine is subject to an input-based CO2 emissions 
standard, you must determine the total heat input in million Btus 
(MMBtu) from natural gas (HTIPng) and the total heat input 
from all other fuels combined (HTIPo) using one of the 
methods under Sec.  60.5535(d)(2). You must then use the following 
equation to determine the applicable emissions standard during the 
compliance period:
[GRAPHIC] [TIFF OMITTED] TR23OC15.002

Where:

CO2 emission standard = the emission standard during the 
          compliance period in units of lb/MMBtu.
HTIPng = the heat input in MMBtu from natural gas.
HTIPo = the heat input in MMBtu from all fuels other than 
          natural gas.
120 = allowable emission rate in lb of CO2/MMBtu for heat 
          input derived from natural gas.
160 = allowable emission rate in lb of CO2/MMBtu for heat 
          input derived from all fuels other than natural gas.

    (b) At all times you must operate and maintain each affected EGU, 
including associated equipment and monitors, in a manner consistent with 
safety and good air pollution control practice. The Administrator will 
determine if you are using consistent operation and maintenance 
procedures based on information available to the Administrator that may 
include, but is not limited to, fuel use records, monitoring results, 
review of operation and maintenance procedures and records, review of 
reports required by this subpart, and inspection of the EGU.
    (c) Within 30 days after the end of the initial compliance period 
(i.e., no more than 30 days after the first 12-operating-month 
compliance period), you must make an initial compliance determination 
for your affected EGU(s) with respect to the applicable emissions 
standard in table 1 or 2 of this subpart, in accordance with the 
requirements in this subpart. The first operating month included in the 
initial

[[Page 818]]

12-operating-month compliance period shall be determined as follows:
    (1) For an affected EGU that commences commercial operation (as 
defined in Sec.  72.2 of this chapter) on or after October 23, 2015, the 
first month of the initial compliance period shall be the first 
operating month (as defined in Sec.  60.5580) after the calendar month 
in which emissions reporting is required to begin under:
    (i) Section 63.5555(c)(3)(i), for units subject to the Acid Rain 
Program; or
    (ii) Section 63.5555(c)(3)(ii)(A), for units that are not in the 
Acid Rain Program.
    (2) For an affected EGU that has commenced COMMERCIAL operation (as 
defined in Sec.  72.2 of this chapter) prior to October 23, 2015:
    (i) If the date on which emissions reporting is required to begin 
under Sec.  75.64(a) of this chapter has passed prior to October 23, 
2015, emissions reporting shall begin according to Sec.  
63.5555(c)(3)(i) (for Acid Rain program units), or according to Sec.  
63.5555(c)(3)(ii)(B) (for units that are not subject to the Acid Rain 
Program). The first month of the initial compliance period shall be the 
first operating month (as defined in Sec.  60.5580) after the calendar 
month in which the rule becomes effective; or
    (ii) If the date on which emissions reporting is required to begin 
under Sec.  75.64(a) of this chapter occurs on or after October 23, 
2015, then the first month of the initial compliance period shall be the 
first operating month (as defined in Sec.  60.5580) after the calendar 
month in which emissions reporting is required to begin under Sec.  
63.5555(c)(3)(ii)(A).
    (3) For a modified or reconstructed EGU that becomes subject to this 
subpart, the first month of the initial compliance period shall be the 
first operating month (as defined in Sec.  60.5580) after the calendar 
month in which emissions reporting is required to begin under Sec.  
63.5555(c)(3)(iii).

           Monitoring and Compliance Determination Procedures



Sec.  60.5535  How do I monitor and collect data to demonstrate compliance?

    (a) Combustion turbines qualifying under Sec.  60.5520(d)(1) are not 
subject to any requirements in this section other than the requirement 
to maintain fuel purchase records for permitted fuel(s). If your 
combustion turbine uses non-uniform fuels as specified under Sec.  
60.5520(d)(2), you must monitor heat input in accordance with paragraph 
(c)(1) of this section, and you must monitor CO2 emissions in 
accordance with either paragraph (b), (c)(2), or (c)(5) of this section. 
For all other affected sources, you must prepare a monitoring plan to 
quantify the hourly CO2 mass emission rate (tons/h), in 
accordance with the applicable provisions in Sec.  75.53(g) and (h) of 
this chapter. The electronic portion of the monitoring plan must be 
submitted using the ECMPS Client Tool and must be in place prior to 
reporting emissions data and/or the results of monitoring system 
certification tests under this subpart. The monitoring plan must be 
updated as necessary. Monitoring plan submittals must be made by the 
Designated Representative (DR), the Alternate DR, or a delegated agent 
of the DR (see Sec.  60.5555(c)).
    (b) You must determine the hourly CO2 mass emissions in 
kilograms (kg) from your affected EGU(s) according to paragraphs (b)(1) 
through (5) of this section, or, if applicable, as provided in paragraph 
(c) of this section.
    (1) For an affected coal-fired EGU or for an IGCC unit you must, and 
for all other affected EGUs you may, install, certify, operate, 
maintain, and calibrate a CO2 continuous emission monitoring 
system (CEMS) to directly measure and record hourly average 
CO2 concentrations in the affected EGU exhaust gases emitted 
to the atmosphere, and a flow monitoring system to measure hourly 
average stack gas flow rates, according to Sec.  75.10(a)(3)(i) of this 
chapter. As an alternative to direct measurement of CO2 
concentration, provided that your EGU does not use carbon separation 
(e.g., carbon capture and storage), you may use data from a

[[Page 819]]

certified oxygen (O2) monitor to calculate hourly average 
CO2 concentrations, in accordance with Sec.  75.10(a)(3)(iii) 
of this chapter. If you measure CO2 concentration on a dry 
basis, you must also install, certify, operate, maintain, and calibrate 
a continuous moisture monitoring system, according to Sec.  75.11(b) of 
this chapter. Alternatively, you may either use an appropriate fuel-
specific default moisture value from Sec.  75.11(b) or submit a petition 
to the Administrator under Sec.  75.66 of this chapter for a site-
specific default moisture value.
    (2) For each continuous monitoring system that you use to determine 
the CO2 mass emissions, you must meet the applicable 
certification and quality assurance procedures in Sec.  75.20 of this 
chapter and appendices A and B to part 75 of this chapter.
    (3) You must use only unadjusted exhaust gas volumetric flow rates 
to determine the hourly CO2 mass emissions rate from the 
affected EGU; you must not apply the bias adjustment factors described 
in Section 7.6.5 of appendix A to part 75 of this chapter to the exhaust 
gas flow rate data.
    (4) You must select an appropriate reference method to setup 
(characterize) the flow monitor and to perform the on-going RATAs, in 
accordance with part 75 of this chapter. If you use a Type-S pitot tube 
or a pitot tube assembly for the flow RATAs, you must calibrate the 
pitot tube or pitot tube assembly; you may not use the 0.84 default 
Type-S pitot tube coefficient specified in Method 2.
    (5) Calculate the hourly CO2 mass emissions (kg) as 
described in paragraphs (b)(5)(i) through (iv) of this section. Perform 
this calculation only for ``valid operating hours'', as defined in Sec.  
60.5540(a)(1).
    (i) Begin with the hourly CO2 mass emission rate (tons/
h), obtained either from Equation F-11 in appendix F to part 75 of this 
chapter (if CO2 concentration is measured on a wet basis), or 
by following the procedure in section 4.2 of appendix F to part 75 of 
this chapter (if CO2 concentration is measured on a dry 
basis).
    (ii) Next, multiply each hourly CO2 mass emission rate by 
the EGU or stack operating time in hours (as defined in Sec.  72.2 of 
this chapter), to convert it to tons of CO2.
    (iii) Finally, multiply the result from paragraph (b)(5)(ii) of this 
section by 909.1 to convert it from tons of CO2 to kg. Round 
off to the nearest kg.
    (iv) The hourly CO2 tons/h values and EGU (or stack) 
operating times used to calculate CO2 mass emissions are 
required to be recorded under Sec.  75.57(e) of this chapter and must be 
reported electronically under Sec.  75.64(a)(6) of this chapter. You 
must use these data to calculate the hourly CO2 mass 
emissions.
    (c) If your affected EGU exclusively combusts liquid fuel and/or 
gaseous fuel, as an alternative to complying with paragraph (b) of this 
section, you may determine the hourly CO2 mass emissions 
according to paragraphs (c)(1) through (4) of this section. If you use 
non-uniform fuels as specified in Sec.  60.5520(d)(2), you may determine 
CO2 mass emissions during the compliance period according to 
paragraph (c)(5) of this section.
    (1) If you are subject to an output-based standard and you do not 
install CEMS in accordance with paragraph (b) of this section, you must 
implement the applicable procedures in appendix D to part 75 of this 
chapter to determine hourly EGU heat input rates (MMBtu/h), based on 
hourly measurements of fuel flow rate and periodic determinations of the 
gross calorific value (GCV) of each fuel combusted.
    (2) For each measured hourly heat input rate, use Equation G-4 in 
appendix G to part 75 of this chapter to calculate the hourly 
CO2 mass emission rate (tons/h). You may determine site-
specific carbon-based F-factors (Fc) using Equation F-7b in 
section 3.3.6 of appendix F to part 75 of this chapter, and you may use 
these Fc values in the emissions calculations instead of 
using the default Fc values in the Equation G-4 nomenclature.
    (3) For each ``valid operating hour'' (as defined in Sec.  
60.5540(a)(1), multiply the hourly tons/h CO2 mass emission 
rate from paragraph (c)(2) of this section by the EGU or stack operating 
time in hours (as defined in Sec.  72.2 of this chapter), to convert it 
to tons of CO2. Then, multiply the result by 909.1 to convert 
from tons of CO2 to kg.

[[Page 820]]

Round off to the nearest two significant figures.
    (4) The hourly CO2 tons/h values and EGU (or stack) 
operating times used to calculate CO2 mass emissions are 
required to be recorded under Sec.  75.57(e) of this chapter and must be 
reported electronically under Sec.  75.64(a)(6) of this chapter. You 
must use these data to calculate the hourly CO2 mass 
emissions.
    (5) If you operate a combustion turbine firing non-uniform fuels, as 
an alternative to following paragraphs (c)(1) through (4) of this 
section, you may determine CO2 emissions during the 
compliance period using one of the following methods:
    (i) Units firing fuel gas may determine the heat input during the 
compliance period following the procedure under Sec.  60.107a(d) and 
convert this heat input to CO2 emissions using Equation G-4 
in appendix G to part 75 of this chapter.
    (ii) You may use the procedure for determining CO2 
emissions during the compliance period based on the use of the Tier 3 
methodology under Sec.  98.33(a)(3) of this chapter.
    (d) Consistent with Sec.  60.5520, you must determine the basis of 
the emissions standard that applies to your affected source in 
accordance with either paragraph (d)(1) or (2) of this section, as 
applicable:
    (1) If you operate a source subject to an emissions standard 
established on an output basis (e.g., lb of CO2 per gross or 
net MWh of energy output), you must install, calibrate, maintain, and 
operate a sufficient number of watt meters to continuously measure and 
record the hourly gross electric output or net electric output, as 
applicable, from the affected EGU(s). These measurements must be 
performed using 0.2 class electricity metering instrumentation and 
calibration procedures as specified under ANSI Standards No. C12.20 
(incorporated by reference, see Sec.  60.17). For a combined heat and 
power (CHP) EGU, as defined in Sec.  60.5580, you must also install, 
calibrate, maintain, and operate meters to continuously (i.e., hour-by-
hour) determine and record the total useful thermal output. For process 
steam applications, you will need to install, calibrate, maintain, and 
operate meters to continuously determine and record the hourly steam 
flow rate, temperature, and pressure. Your plan shall ensure that you 
install, calibrate, maintain, and operate meters to record each 
component of the determination, hour-by-hour.
    (2) If you operate a source subject to an emissions standard 
established on a heat-input basis (e.g., lb CO2/MMBtu) and 
your affected source uses non-uniform heating value fuels as delineated 
under Sec.  60.5520(d), you must determine the total heat input for each 
fuel fired during the compliance period in accordance with one of the 
following procedures:
    (i) Appendix D to part 75 of this chapter;
    (ii) The procedures for monitoring heat input under Sec.  
60.107a(d);
    (iii) If you monitor CO2 emissions in accordance with the 
Tier 3 methodology under Sec.  98.33(a)(3) of this chapter, you may 
convert your CO2 emissions to heat input using the 
appropriate emission factor in table C-1 of part 98 of this chapter. If 
your fuel is not listed in table C-1, you must determine a fuel-specific 
carbon-based F-factor (Fc) in accordance with section 12.3.2 
of EPA Method 19 of appendix A-7 to this part, and you must convert your 
CO2 emissions to heat input using Equation G-4 in appendix G 
to part 75 of this chapter.
    (e) Consistent with Sec.  60.5520, if two or more affected EGUs 
serve a common electric generator, you must apportion the combined 
hourly gross or net energy output to the individual affected EGUs 
according to the fraction of the total steam load contributed by each 
EGU. Alternatively, if the EGUs are identical, you may apportion the 
combined hourly gross or net electrical load to the individual EGUs 
according to the fraction of the total heat input contributed by each 
EGU.
    (f) In accordance with Sec. Sec.  60.13(g) and 60.5520, if two or 
more affected EGUs that implement the continuous emission monitoring 
provisions in paragraph (b) of this section share a common exhaust gas 
stack and are subject to the same emissions standard in Table 1 or 2 of 
this subpart, you may monitor the hourly CO2 mass emissions

[[Page 821]]

at the common stack in lieu of monitoring each EGU separately. If you 
choose this option, the hourly gross or net energy output (electric, 
thermal, and/or mechanical, as applicable) must be the sum of the hourly 
loads for the individual affected EGUs and you must express the 
operating time as ``stack operating hours'' (as defined in Sec.  72.2 of 
this chapter). If you attain compliance with the applicable emissions 
standard in Sec.  60.5520 at the common stack, each affected EGU sharing 
the stack is in compliance.
    (g) In accordance with Sec. Sec.  60.13(g) and 60.5520 if the 
exhaust gases from an affected EGU that implements the continuous 
emission monitoring provisions in paragraph (b) of this section are 
emitted to the atmosphere through multiple stacks (or if the exhaust 
gases are routed to a common stack through multiple ducts and you elect 
to monitor in the ducts), you must monitor the hourly CO2 
mass emissions and the ``stack operating time'' (as defined in Sec.  
72.2 of this chapter) at each stack or duct separately. In this case, 
you must determine compliance with the applicable emissions standard in 
Table 1 or 2 of this subpart by summing the CO2 mass 
emissions measured at the individual stacks or ducts and dividing by the 
total gross or net energy output for the affected EGU.



Sec.  60.5540  How do I demonstrate compliance with my CO2 emissions
standard and determine excess emissions?

    (a) In accordance with Sec.  60.5520, if you are subject to an 
output-based emission standard or you burn non-uniform fuels as 
specified in Sec.  60.5520(d)(2), you must demonstrate compliance with 
the applicable CO2 emission standard in table 1 or 2 of this 
subpart as required in this section. For the initial and each subsequent 
12-operating-month rolling average compliance period, you must follow 
the procedures in paragraphs (a)(1) through (7) of this section to 
calculate the CO2 mass emissions rate for your affected 
EGU(s) in units of the applicable emissions standard (i.e., either kg/
MWh or lb/MMBtu). You must use the hourly CO2 mass emissions 
calculated under Sec.  60.5535(b) or (c), as applicable, and either the 
generating load data from Sec.  60.5535(d)(1) for output-based 
calculations or the heat input data from Sec.  60.5535(d)(2) for heat-
input-based calculations. Combustion turbines firing non-uniform fuels 
that contain CO2 prior to combustion (e.g., blast furnace gas 
or landfill gas) may sample the fuel stream to determine the quantity of 
CO2 present in the fuel prior to combustion and exclude this 
portion of the CO2 mass emissions from compliance 
determinations.
    (1) Each compliance period shall include only ``valid operating 
hours'' in the compliance period, i.e., operating hours for which:
    (i) ``Valid data'' (as defined in Sec.  60.5580) are obtained for 
all of the parameters used to determine the hourly CO2 mass 
emissions (kg) and, if a heat input-based standard applies, all the 
parameters used to determine total heat input for the hour are also 
obtained; and
    (ii) The corresponding hourly gross or net energy output value is 
also valid data (Note: For hours with no useful output, zero is 
considered to be a valid value).
    (2) You must exclude operating hours in which:
    (i) The substitute data provisions of part 75 of this chapter are 
applied for any of the parameters used to determine the hourly 
CO2 mass emissions or, if a heat input-based standard 
applies, for any parameters used to determine the hourly heat input; or
    (ii) An exceedance of the full-scale range of a continuous emission 
monitoring system occurs for any of the parameters used to determine the 
hourly CO2 mass emissions or, if applicable, to determine the 
hourly heat input; or
    (iii) The total gross or net energy output (Pgross/net) 
or, if applicable, the total heat input is unavailable.
    (3) For each compliance period, at least 95 percent of the operating 
hours in the compliance period must be valid operating hours, as defined 
in paragraph (a)(1) of this section.
    (4) You must calculate the total CO2 mass emissions by 
summing the valid hourly CO2 mass emissions values from Sec.  
60.5535 for all of the valid operating hours in the compliance period.
    (5) Sources subject to output based standards. For each valid 
operating

[[Page 822]]

hour of the compliance period that was used in paragraph (a)(4) of this 
section to calculate the total CO2 mass emissions, you must 
determine Pgross/net (the corresponding hourly gross or net 
energy output in MWh) according to the procedures in paragraphs 
(a)(3)(i) and (ii) of this section, as appropriate for the type of 
affected EGU(s). For an operating hour in which a valid CO2 
mass emissions value is determined according to paragraph (a)(1)(i) of 
this section, if there is no gross or net electrical output, but there 
is mechanical or useful thermal output, you must still determine the 
gross or net energy output for that hour. In addition, for an operating 
hour in which a valid CO2 mass emissions value is determined 
according to paragraph (a)(1)(i) of this section, but there is no (i.e., 
zero) gross electrical, mechanical, or useful thermal output, you must 
use that hour in the compliance determination. For hours or partial 
hours where the gross electric output is equal to or less than the 
auxiliary loads, net electric output shall be counted as zero for this 
calculation.
    (i) Calculate Pgross/net for your affected EGU using the 
following equation. All terms in the equation must be expressed in units 
of megawatt-hours (MWh). To convert each hourly gross or net energy 
output (consistent with Sec.  60.5520) value reported under part 75 of 
this chapter to MWh, multiply by the corresponding EGU or stack 
operating time.
[GRAPHIC] [TIFF OMITTED] TR23OC15.003

Where:

Pgross/net = In accordance with Sec.  60.5520, gross or net 
          energy output of your affected EGU for each valid operating 
          hour (as defined in Sec.  60.5540(a)(1)) in MWh.
(Pe)ST = Electric energy output plus mechanical energy output 
          (if any) of steam turbines in MWh.
(Pe)CT = Electric energy output plus mechanical energy output 
          (if any) of stationary combustion turbine(s) in MWh.
(Pe)IE = Electric energy output plus mechanical energy output 
          (if any) of your affected EGU's integrated equipment that 
          provides electricity or mechanical energy to the affected EGU 
          or auxiliary equipment in MWh.
(Pe)FW = Electric energy used to power boiler feedwater pumps 
          at steam generating units in MWh. Not applicable to stationary 
          combustion turbines, IGCC EGUs, or EGUs complying with a net 
          energy output based standard.
(Pe)A = Electric energy used for any auxiliary loads in MWh. 
          Not applicable for determining Pgross.
(Pt)PS = Useful thermal output of steam (measured relative to 
          SATP conditions, as applicable) that is used for applications 
          that do not generate additional electricity, produce 
          mechanical energy output, or enhance the performance of the 
          affected EGU. This is calculated using the equation specified 
          in paragraph (a)(5)(ii) of this section in MWh.
(Pt)HR = Non steam useful thermal output (measured relative 
          to SATP conditions, as applicable) from heat recovery that is 
          used for applications other than steam generation or 
          performance enhancement of the affected EGU in MWh.
(Pt)IE = Useful thermal output (relative to SATP conditions, 
          as applicable) from any integrated equipment is used for 
          applications that do not generate additional steam, 
          electricity, produce mechanical energy output, or enhance the 
          performance of the affected EGU in MWh.
TDF = Electric Transmission and Distribution Factor of 0.95 for a 
          combined heat and power affected EGU where at least on an 
          annual basis 20.0 percent of the total gross or net energy 
          output consists of electric or direct mechanical output and 
          20.0 percent of the total gross or net energy output consists 
          of useful thermal output on a 12-operating-month rolling 
          average basis, or 1.0 for all other affected EGUs.

    (ii) If applicable to your affected EGU (for example, for combined 
heat and power), you must calculate (Pt)PS using the 
following equation:

[[Page 823]]

[GRAPHIC] [TIFF OMITTED] TR23OC15.004

Where:

Qm = Measured steam flow in kilograms (kg) (or pounds (lb)) 
          for the operating hour.
H = Enthalpy of the steam at measured temperature and pressure (relative 
          to SATP conditions or the energy in the condensate return 
          line, as applicable) in Joules per kilogram (J/kg) (or Btu/
          lb).
CF = Conversion factor of 3.6 x 10\9\ J/MWh or 3.413 x 10\6\ Btu/MWh.

    (6) Calculation of annual basis for standard. Sources complying with 
energy output-based standards must calculate the basis (i.e., 
denominator) of their actual annual emission rate in accordance with 
paragraph (a)(6)(i) of this section. Sources complying with heat input 
based standards must calculate the basis of their actual annual emission 
rate in accordance with paragraph (a)(6)(ii) of this section.
    (i) In accordance with Sec.  60.5520 if you are subject to an 
output-based standard, you must calculate the total gross or net energy 
output for the affected EGU's compliance period by summing the hourly 
gross or net energy output values for the affected EGU that you 
determined under paragraph (a)(5) of this section for all of the valid 
operating hours in the applicable compliance period.
    (ii) If you are subject to a heat input-based standard, you must 
calculate the total heat input for each fuel fired during the compliance 
period. The calculation of total heat input for each individual fuel 
must include all valid operating hours and must also be consistent with 
any fuel-specific procedures specified within your selected monitoring 
option under Sec.  60.5535(d)(2).
    (7) If you are subject to an output-based standard, you must 
calculate the CO2 mass emissions rate for the affected EGU(s) 
(kg/MWh) by dividing the total CO2 mass emissions value 
calculated according to the procedures in paragraph (a)(4) of this 
section by the total gross or net energy output value calculated 
according to the procedures in paragraph (a)(6)(i) of this section. 
Round off the result to two significant figures if the calculated value 
is less than 1,000; round the result to three significant figures if the 
calculated value is greater than 1,000. If you are subject to a heat 
input-based standard, you must calculate the CO2 mass 
emissions rate for the affected EGU(s) (lb/MMBtu) by dividing the total 
CO2 mass emissions value calculated according to the 
procedures in paragraph (a)(4) of this section by the total heat input 
calculated according to the procedures in paragraph (a)(6)(ii) of this 
section. Round off the result to two significant figures.
    (b) In accordance with Sec.  60.5520, to demonstrate compliance with 
the applicable CO2 emission standard, for the initial and 
each subsequent 12-operating-month compliance period, the CO2 
mass emissions rate for your affected EGU must be determined according 
to the procedures specified in paragraph (a)(1) through (7) of this 
section and must be less than or equal to the applicable CO2 
emissions standard in table 1 or 2 of this part, or the emissions 
standard calculated in accordance with Sec.  60.5525(a)(2).

                   Notification, Reports, and Records



Sec.  60.5550  What notifications must I submit and when?

    (a) You must prepare and submit the notifications specified in 
Sec. Sec.  60.7(a)(1) and (3) and 60.19, as applicable to your affected 
EGU(s) (see table 3 of this subpart).
    (b) You must prepare and submit notifications specified in Sec.  
75.61 of this chapter, as applicable, to your affected EGUs.



Sec.  60.5555  What reports must I submit and when?

    (a) You must prepare and submit reports according to paragraphs (a) 
through (d) of this section, as applicable.
    (1) For affected EGUs that are required by Sec.  60.5525 to conduct 
initial and on-going compliance determinations on a 12-operating-month 
rolling average basis, you must submit electronic quarterly reports as 
follows. After you have accumulated the first

[[Page 824]]

12-operating months for the affected EGU, you must submit a report for 
the calendar quarter that includes the twelfth operating month no later 
than 30 days after the end of that quarter. Thereafter, you must submit 
a report for each subsequent calendar quarter, no later than 30 days 
after the end of the quarter.
    (2) In each quarterly report you must include the following 
information, as applicable:
    (i) Each rolling average CO2 mass emissions rate for 
which the last (twelfth) operating month in a 12-operating-month 
compliance period falls within the calendar quarter. You must calculate 
each average CO2 mass emissions rate for the compliance 
period according to the procedures in Sec.  60.5540. You must report the 
dates (month and year) of the first and twelfth operating months in each 
compliance period for which you performed a CO2 mass 
emissions rate calculation. If there are no compliance periods that end 
in the quarter, you must include a statement to that effect;
    (ii) If one or more compliance periods end in the quarter, you must 
identify each operating month in the calendar quarter where your EGU 
violated the applicable CO2 emission standard;
    (iii) If one or more compliance periods end in the quarter and there 
are no violations for the affected EGU, you must include a statement 
indicating this in the report;
    (iv) The percentage of valid operating hours in each 12-operating-
month compliance period described in paragraph (a)(1)(i) of this section 
(i.e., the total number of valid operating hours (as defined in Sec.  
60.5540(a)(1)) in that period divided by the total number of operating 
hours in that period, multiplied by 100 percent);
    (v) Consistent with Sec.  60.5520, the CO2 emissions 
standard (as identified in table 1 or 2 of this part) with which your 
affected EGU must comply; and
    (vi) Consistent with Sec.  60.5520, an indication whether or not the 
hourly gross or net energy output (Pgross/net) values used in 
the compliance determinations are based solely upon gross electrical 
load.
    (3) In the final quarterly report of each calendar year, you must 
include the following:
    (i) Consistent with Sec.  60.5520, gross energy output or net energy 
output sold to an electric grid, as applicable to the units of your 
emission standard, over the four quarters of the calendar year; and
    (ii) The potential electric output of the EGU.
    (b) You must submit all electronic reports required under paragraph 
(a) of this section using the Emissions Collection and Monitoring Plan 
System (ECMPS) Client Tool provided by the Clean Air Markets Division in 
the Office of Atmospheric Programs of EPA.
    (c)(1) For affected EGUs under this subpart that are also subject to 
the Acid Rain Program, you must meet all applicable reporting 
requirements and submit reports as required under subpart G of part 75 
of this chapter.
    (2) For affected EGUs under this subpart that are not in the Acid 
Rain Program, you must also meet the reporting requirements and submit 
reports as required under subpart G of part 75 of this chapter, to the 
extent that those requirements and reports provide applicable data for 
the compliance demonstrations required under this subpart.
    (3)(i) For all newly-constructed affected EGUs under this subpart 
that are also subject to the Acid Rain Program, you must begin 
submitting the quarterly electronic emissions reports described in 
paragraph (c)(1) of this section in accordance with Sec.  75.64(a) of 
this chapter, i.e., beginning with data recorded on and after the 
earlier of:
    (A) The date of provisional certification, as defined in Sec.  
75.20(a)(3) of this chapter; or
    (B) 180 days after the date on which the EGU commences commercial 
operation (as defined in Sec.  72.2 of this chapter).
    (ii) For newly-constructed affected EGUs under this subpart that are 
not subject to the Acid Rain Program, you must begin submitting the 
quarterly electronic reports described in paragraph (c)(2) of this 
section, beginning with data recorded on and after:
    (A) The date on which reporting is required to begin under Sec.  
75.64(a) of this

[[Page 825]]

chapter, if that date occurs on or after October 23, 2015; or
    (B) October 23, 2015, if the date on which reporting would 
ordinarily be required to begin under Sec.  75.64(a) of this chapter has 
passed prior to October 23, 2015.
    (iii) For reconstructed or modified units, reporting of emissions 
data shall begin at the date on which the EGU becomes an affected unit 
under this subpart, provided that the ECMPS Client Tool is able to 
receive and process net energy output data on that date. Otherwise, 
emissions data reporting shall be on a gross energy output basis until 
the date that the Client Tool is first able to receive and process net 
energy output data.
    (4) If any required monitoring system has not been provisionally 
certified by the applicable date on which emissions data reporting is 
required to begin under paragraph (c)(3) of this section, the maximum 
(or in some cases, minimum) potential value for the parameter measured 
by the monitoring system shall be reported until the required 
certification testing is successfully completed, in accordance with 
Sec.  75.4(j) of this chapter, Sec.  75.37(b) of this chapter, or 
section 2.4 of appendix D to part 75 of this chapter (as applicable). 
Operating hours in which CO2 mass emission rates are 
calculated using maximum potential values are not ``valid operating 
hours'' (as defined in Sec.  60.5540(a)(1)), and shall not be used in 
the compliance determinations under Sec.  60.5540.
    (d) For affected EGUs subject to the Acid Rain Program, the reports 
required under paragraphs (a) and (c)(1) of this section shall be 
submitted by:
    (1) The person appointed as the Designated Representative (DR) under 
Sec.  72.20 of this chapter; or
    (2) The person appointed as the Alternate Designated Representative 
(ADR) under Sec.  72.22 of this chapter; or
    (3) A person (or persons) authorized by the DR or ADR under Sec.  
72.26 of this chapter to make the required submissions.
    (e) For affected EGUs that are not subject to the Acid Rain Program, 
the owner or operator shall appoint a DR and (optionally) an ADR to 
submit the reports required under paragraphs (a) and (c)(2) of this 
section. The DR and ADR must register with the Clean Air Markets 
Division (CAMD) Business System. The DR may delegate the authority to 
make the required submissions to one or more persons.
    (f) If your affected EGU captures CO2 to meet the 
applicable emission limit, you must report in accordance with the 
requirements of 40 CFR part 98, subpart PP and either:
    (1) Report in accordance with the requirements of 40 CFR part 98, 
subpart RR, if injection occurs on-site, or
    (2) Transfer the captured CO2 to an EGU or facility that 
reports in accordance with the requirements of 40 CFR part 98, subpart 
RR, if injection occurs off-site.
    (3) Transfer the captured CO2 to a facility that has 
received an innovative technology waiver from EPA pursuant to paragraph 
(g) of this section.
    (g) Any person may request the Administrator to issue a waiver of 
the requirement that captured CO2 from an affected EGU be 
transferred to a facility reporting under 40 CFR part 98, subpart RR. To 
receive a waiver, the applicant must demonstrate to the Administrator 
that its technology will store captured CO2 as effectively as 
geologic sequestration, and that the proposed technology will not cause 
or contribute to an unreasonable risk to public health, welfare, or 
safety. In making this determination, the Administrator shall consider 
(among other factors) operating history of the technology, whether the 
technology will increase emissions or other releases of any pollutant 
other than CO2, and permanence of the CO2 storage. 
The Administrator may test the system itself, or require the applicant 
to perform any tests considered by the Administrator to be necessary to 
show the technology's effectiveness, safety, and ability to store 
captured CO2 without release. The Administrator may grant 
conditional approval of a technology, with the approval conditioned on 
monitoring and reporting of operations. The Administrator may also 
withdraw approval of the waiver on evidence of releases of 
CO2 or other pollutants. The Administrator will provide 
notice to the public of any application under this provision

[[Page 826]]

and provide public notice of any proposed action on a petition before 
the Administrator takes final action.



Sec.  60.5560  What records must I maintain?

    (a) You must maintain records of the information you used to 
demonstrate compliance with this subpart as specified in Sec.  60.7(b) 
and (f).
    (b)(1) For affected EGUs subject to the Acid Rain Program, you must 
follow the applicable recordkeeping requirements and maintain records as 
required under subpart F of part 75 of this chapter.
    (2) For affected EGUs that are not subject to the Acid Rain Program, 
you must also follow the recordkeeping requirements and maintain records 
as required under subpart F of part 75 of this chapter, to the extent 
that those records provide applicable data for the compliance 
determinations required under this subpart. Regardless of the prior 
sentence, at a minimum, the following records must be kept, as 
applicable to the types of continuous monitoring systems used to 
demonstrate compliance under this subpart:
    (i) Monitoring plan records under Sec.  75.53(g) and (h) of this 
chapter;
    (ii) Operating parameter records under Sec.  75.57(b)(1) through (4) 
of this chapter;
    (iii) The records under Sec.  75.57(c)(2) of this chapter, for stack 
gas volumetric flow rate;
    (iv) The records under Sec.  75.57(c)(3) of this chapter for 
continuous moisture monitoring systems;
    (v) The records under Sec.  75.57(e)(1) of this chapter, except for 
paragraph (e)(1)(x), for CO2 concentration monitoring systems 
or O2 monitors used to calculate CO2 
concentration;
    (vi) The records under Sec.  75.58(c)(1) of this chapter, 
specifically paragraphs (c)(1)(i), (ii), and (viii) through (xiv), for 
oil flow meters;
    (vii) The records under Sec.  75.58(c)(4) of this chapter, 
specifically paragraphs (c)(4)(i), (ii), (iv), (v), and (vii) through 
(xi), for gas flow meters;
    (viii) The quality-assurance records under Sec.  75.59(a) of this 
chapter, specifically paragraphs (a)(1) through (12) and (15), for CEMS;
    (ix) The quality-assurance records under Sec.  75.59(a) of this 
chapter, specifically paragraphs (b)(1) through (4), for fuel flow 
meters; and
    (x) Records of data acquisition and handling system (DAHS) 
verification under Sec.  75.59(e) of this chapter.
    (c) You must keep records of the calculations you performed to 
determine the hourly and total CO2 mass emissions (tons) for:
    (1) Each operating month (for all affected EGUs); and
    (2) Each compliance period, including, each 12-operating-month 
compliance period.
    (d) Consistent with Sec.  60.5520, you must keep records of the 
applicable data recorded and calculations performed that you used to 
determine your affected EGU's gross or net energy output for each 
operating month.
    (e) You must keep records of the calculations you performed to 
determine the percentage of valid CO2 mass emission rates in 
each compliance period.
    (f) You must keep records of the calculations you performed to 
assess compliance with each applicable CO2 mass emissions 
standard in Table 1 or 2 of this subpart.
    (g) You must keep records of the calculations you performed to 
determine any site-specific carbon-based F-factors you used in the 
emissions calculations (if applicable).



Sec.  60.5565  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review.
    (b) You must maintain each record for 3 years after the date of 
conclusion of each compliance period.
    (c) You must maintain each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record, according to Sec.  60.7. Records that are 
accessible from a central location by a computer or other means that 
instantly provide access at the site meet this requirement. You may 
maintain the records off site for the remaining year(s) as required by 
this subpart.

[[Page 827]]

                   Other Requirements and Information



Sec.  60.5570  What parts of the general provisions apply to my affected EGU?

    Notwithstanding any other provision of this chapter, certain parts 
of the general provisions in Sec. Sec.  60.1 through 60.19, listed in 
table 3 to this subpart, do not apply to your affected EGU.



Sec.  60.5575  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the EPA, 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 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 Administrator retains 
the authorities listed in paragraphs (b)(1) through (5) of this section 
and does not transfer them to the state, local, or tribal agency. In 
addition, the EPA retains oversight of this subpart and can take 
enforcement actions, as appropriate.
    (1) Approval of alternatives to the emission standards.
    (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) Performance test and data reduction waivers under Sec.  60.8(b).



Sec.  60.5580  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).
    Annual capacity factor means the ratio between the actual heat input 
to an EGU during a calendar year and the potential heat input to the EGU 
had it been operated for 8,760 hours during a calendar year at the base 
load rating.
    Base load rating means the maximum amount of heat input (fuel) that 
an EGU can combust on a steady state basis, as determined by the 
physical design and characteristics of the EGU at ISO conditions. For a 
stationary combustion turbine, base load rating includes the heat input 
from duct burners.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM International in ASTM D388-99 
(Reapproved 2004) [egr]1 (incorporated by reference, see 
Sec.  60.17), coal refuse, and petroleum coke. Synthetic fuels derived 
from coal for the purpose of creating useful heat, including, but not 
limited to, solvent-refined coal, gasified coal (not meeting the 
definition of natural gas), coal-oil mixtures, and coal-water mixtures 
are included in this definition for the purposes of this subpart.
    Combined cycle unit means an electric generating unit that uses a 
stationary combustion turbine from which the heat from the turbine 
exhaust gases is recovered by a heat recovery steam generating unit 
(HRSG) to generate additional electricity.
    Combined heat and power unit or CHP unit, (also known as 
``cogeneration'') means an electric generating unit that that use a 
steam generating unit or stationary combustion turbine to simultaneously 
produce both electric (or mechanical) and useful thermal output from the 
same primary energy source.
    Design efficiency means the rated overall net efficiency (e.g., 
electric plus useful thermal output) on a lower heating value basis at 
the base load rating, at ISO conditions, and at the maximum useful 
thermal output (e.g., CHP unit with condensing steam turbines would 
determine the design efficiency at the maximum level of extraction and/
or bypass). Design efficiency shall be determined using one of the 
following methods: ASME PTC 22 Gas Turbines (incorporated by reference, 
see Sec.  60.17), ASME PTC 46 Overall Plant Performance (incorporated by 
reference, see Sec.  60.17) or ISO 2314 Gas turbines--acceptance tests 
(incorporated by reference, see Sec.  60.17).
    Distillate oil means fuel oils that comply with the specifications 
for fuel oil numbers 1 and 2, as defined by ASTM

[[Page 828]]

International in ASTM D396-98 (incorporated by reference, see Sec.  
60.17); diesel fuel oil numbers 1 and 2, as defined by ASTM 
International in ASTM D975-08a (incorporated by reference, see Sec.  
60.17); kerosene, as defined by ASTM International in ASTM D3699 
(incorporated by reference, see Sec.  60.17); biodiesel as defined by 
ASTM International in ASTM D6751 (incorporated by reference, see Sec.  
60.17); or biodiesel blends as defined by ASTM International in ASTM 
D7467 (incorporated by reference, see Sec.  60.17).
    Electric Generating units or EGU means any steam generating unit, 
IGCC unit, or stationary combustion turbine that is subject to this rule 
(i.e., meets the applicability criteria)
    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 ISO 
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 stationary combustion turbines and IGCC, the gross electric 
or direct mechanical output from both the EGU (including, but not 
limited to, output from steam turbine(s), combustion turbine(s), and gas 
expander(s)) plus 100 percent of the useful thermal output.
    (2) For steam generating units, the gross electric or mechanical 
output from the affected EGU(s) (including, but not limited to, output 
from steam turbine(s), combustion turbine(s), and gas expander(s)) minus 
any electricity used to power the feedwater pumps plus 100 percent of 
the useful thermal output;
    (3) For combined heat and power facilities where at least 20.0 
percent of the total gross energy output consists of electric or direct 
mechanical output and 20.0 percent of the total gross energy output 
consists of useful thermal output on a 12-operating-month rolling 
average basis, the gross electric or mechanical output from the affected 
EGU (including, but not limited to, output from steam turbine(s), 
combustion turbine(s), and gas expander(s)) minus any electricity used 
to power the feedwater pumps (the electric auxiliary load of boiler 
feedwater pumps is not applicable to IGCC facilities), that difference 
divided by 0.95, plus 100 percent of the useful thermal output.
    Heat recovery steam generating unit (HRSG) means an EGU in which hot 
exhaust gases from the combustion turbine engine are routed in order to 
extract heat from the gases and generate useful output. Heat recovery 
steam generating units can be used with or without duct burners.
    Integrated gasification combined cycle facility or IGCC means a 
combined cycle facility that is designed to burn fuels containing 50 
percent (by heat input) or more solid-derived fuel not meeting the 
definition of natural gas, plus any integrated equipment that provides 
electricity or useful thermal output to the affected EGU or auxiliary 
equipment. 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 EGU during operation.
    ISO conditions means 288 Kelvin (15 [deg]C), 60 percent relative 
humidity and 101.3 kilopascals pressure.
    Liquid fuel means any fuel that is present as a liquid at ISO 
conditions and includes, but is not limited to, distillate oil and 
residual oil.
    Mechanical output means the useful mechanical energy that is not 
used to operate the affected EGU(s), generate electricity and/or thermal 
energy, or to enhance the performance of the affected EGU. Mechanical 
energy measured in horsepower hour should be converted into MWh by 
multiplying it by 745.7 then dividing by 1,000,000.
    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. Finally, 
natural gas does not include the following gaseous fuels: Landfill gas, 
digester gas, refinery gas, sour gas,

[[Page 829]]

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 
CO2 content or heating value.
    Net-electric output means the amount of gross generation the 
generator(s) produces (including, but not limited to, output from steam 
turbine(s), combustion turbine(s), and gas expander(s)), as measured at 
the generator terminals, less the electricity used to operate the plant 
(i.e., auxiliary loads); such uses include fuel handling equipment, 
pumps, fans, pollution control equipment, other electricity needs, and 
transformer losses as measured at the transmission side of the step up 
transformer (e.g., the point of sale).
    Net-electric sales means:
    (1) The gross electric sales to the utility power distribution 
system minus purchased power; or
    (2) For combined heat and power facilities where at least 20.0 
percent of the total gross energy output consists of electric or direct 
mechanical output and at least 20.0 percent of the total gross energy 
output consists of useful thermal output on an annual basis, the gross 
electric sales to the utility power distribution system minus purchased 
power of the thermal host facility or facilities.
    (3) Electricity supplied to other facilities that produce 
electricity to offset auxiliary loads are included when calculating net-
electric sales.
    (4) Electric sales that that result from a system emergency are not 
included when calculating net-electric sales.
    Net energy output means:
    (1) The net electric or mechanical output from the affected EGU plus 
100 percent of the useful thermal output; or
    (2) For combined heat and power facilities where at least 20.0 
percent of the total gross or net energy output consists of electric or 
direct mechanical output and at least 20.0 percent of the total gross or 
net energy output consists of useful thermal output on a 12-operating-
month rolling average basis, the net electric or mechanical output from 
the affected EGU divided by 0.95, plus 100 percent of the useful thermal 
output.
    Operating month means a calendar month during which any fuel is 
combusted in the affected EGU at any time.
    Petroleum means crude oil or a fuel derived from crude oil, 
including, but not limited to, distillate and residual oil.
    Potential electric output means 33 percent or the base load rating 
design efficiency at the maximum electric production rate (e.g., CHP 
units with condensing steam turbines will operate at maximum electric 
production), whichever is greater, multiplied by the base load rating 
(expressed in MMBtu/h) of the EGU, multiplied by 10\6\ Btu/MMBtu, 
divided by 3,413 Btu/KWh, divided by 1,000 kWh/MWh, and multiplied by 
8,760 h/yr (e.g., a 35 percent efficient affected EGU with a 100 MW (341 
MMBtu/h) fossil fuel heat input capacity would have a 306,000 MWh 12-
month potential electric output capacity).
    Solid fuel means any fuel that has a definite shape and volume, has 
no tendency to flow or disperse under moderate stress, and is not liquid 
or gaseous at ISO conditions. This includes, but is not limited to, 
coal, biomass, and pulverized solid fuels.
    Standard ambient temperature and pressure (SATP) conditions means 
298.15 Kelvin (25 [deg]C, 77 [deg]F) and 100.0 kilopascals (14.504 psi, 
0.987 atm) pressure. The enthalpy of water at SATP conditions is 50 Btu/
lb.
    Stationary combustion turbine means all equipment including, but not 
limited to, the turbine engine, the fuel, air, lubrication and exhaust 
gas systems, control systems (except emissions control equipment), heat 
recovery system, fuel compressor, heater, and/or pump, post-combustion 
emission control technology, and any ancillary components and sub-
components comprising any simple cycle stationary combustion turbine, 
any combined cycle combustion turbine, and any combined heat and power 
combustion turbine based system plus any integrated equipment that 
provides electricity or useful thermal output to the combustion turbine 
engine, heat recovery system or auxiliary equipment. Stationary means 
that the combustion

[[Page 830]]

turbine is not self-propelled or intended to be propelled while 
performing its function. It may, however, be mounted on a vehicle for 
portability. A stationary combustion turbine that burns any solid fuel 
directly is considered a steam generating unit.
    Steam generating unit means any furnace, boiler, or other device 
used for combusting fuel and producing steam (nuclear steam generators 
are not included) plus any integrated equipment that provides 
electricity or useful thermal output to the affected EGU(s) or auxiliary 
equipment.
    System emergency means any abnormal system condition that the 
Regional Transmission Organizations (RTO), Independent System Operators 
(ISO) or control area Administrator determines requires immediate 
automatic or manual action to prevent or limit loss of transmission 
facilities or generators that could adversely affect the reliability of 
the power system and therefore call for maximum generation resources to 
operate in the affected area, or for the specific affected EGU to 
operate to avert loss of load.
    Useful thermal output means the thermal energy made available for 
use in any heating application (e.g., steam delivered to an industrial 
process for a heating application, including thermal cooling 
applications) that is not used for electric generation, mechanical 
output at the affected EGU, to directly enhance the performance of the 
affected EGU (e.g., economizer output is not useful thermal output, but 
thermal energy used to reduce fuel moisture is considered useful thermal 
output), or to supply energy to a pollution control device at the 
affected EGU. Useful thermal output for affected EGU(s) with no 
condensate return (or other thermal energy input to the affected EGU(s)) 
or where measuring the energy in the condensate (or other thermal energy 
input to the affected EGU(s)) would not meaningfully impact the emission 
rate calculation is measured against the energy in the thermal output at 
SATP conditions. Affected EGU(s) with meaningful energy in the 
condensate return (or other thermal energy input to the affected EGU) 
must measure the energy in the condensate and subtract that energy 
relative to SATP conditions from the measured thermal output.
    Valid data means quality-assured data generated by continuous 
monitoring systems that are installed, operated, and maintained 
according to part 75 of this chapter. For CEMS, the initial 
certification requirements in Sec.  75.20 of this chapter and appendix A 
to part 75 of this chapter must be met before quality-assured data are 
reported under this subpart; for on-going quality assurance, the daily, 
quarterly, and semiannual/annual test requirements in sections 2.1, 2.2, 
and 2.3 of appendix B to part 75 of this chapter must be met and the 
data validation criteria in sections 2.1.5, 2.2.3, and 2.3.2 of appendix 
B to part 75 of this chapter apply. For fuel flow meters, the initial 
certification requirements in section 2.1.5 of appendix D to part 75 of 
this chapter must be met before quality-assured data are reported under 
this subpart (except for qualifying commercial billing meters under 
section 2.1.4.2 of appendix D to part 75), and for on-going quality 
assurance, the provisions in section 2.1.6 of appendix D to part 75 
apply (except for qualifying commercial billing meters).
    Violation means a specified averaging period over which the 
CO2 emissions rate is higher than the applicable emissions 
standard located in table 1 or 2 of this subpart.



 Sec. Table 1 of Subpart TTTT of Part 60--CO[ihel2] Emission Standards 
for Affected Steam Generating Units and Integrated Gasification Combined 
 Cycle Facilities That Commenced Construction After January 8, 2014 and 
           Reconstruction or Modification After June 18, 2014

     [Note: Numerical values of 1,000 or greater have a minimum of 3
   significant figures and numerical values of less than 1,000 have a
                    minimum of 2 significant figures]
------------------------------------------------------------------------
              Affected EGU                 CO[ihel2] Emission standard
------------------------------------------------------------------------
Newly constructed steam generating unit  640 kg CO2/MWh of gross energy
 or integrated gasification combined      output (1,400 lb CO2/MWh).
 cycle (IGCC).

[[Page 831]]

 
Reconstructed steam generating unit or   910 kg of CO2 per MWh of gross
 IGCC that has base load rating of        energy output (2,000 lb CO2/
 2,100 GJ/h (2,000 MMBtu/h) or less.      MWh).
Reconstructed steam generating unit or   820 kg of CO2 per MWh of gross
 IGCC that has a base load rating         energy output (1,800 lb CO2/
 greater than 2,100 GJ/h (2,000 MMBtu/    MWh).
 h).
Modified steam generating unit or IGCC.  A unit-specific emission limit
                                          determined by the unit's best
                                          historical annual CO2 emission
                                          rate (from 2002 to the date of
                                          the modification); the
                                          emission limit will be no
                                          lower than:
                                            1. 1,800 lb CO2/MWh-gross
                                             for units with a base load
                                             rating greater than 2,000
                                             MMBtu/h; or
                                            2. 2,000 lb CO2/MWh-gross
                                             for units with a base load
                                             rating of 2,000 MMBtu/h or
                                             less.
------------------------------------------------------------------------



    Sec. Table 2 of Subpart TTTT of Part 60--CO2 Emission 
  Standards for Affected Stationary Combustion Turbines That Commenced 
  Construction After January 8, 2014 and Reconstruction After June 18, 
 2014 (Net Energy Output-Based Standards Applicable as Approved by the 
                             Administrator)

     [Note: Numerical values of 1,000 or greater have a minimum of 3
   significant figures and numerical values of less than 1,000 have a
                    minimum of 2 significant figures]
------------------------------------------------------------------------
              Affected EGU                    CO2 Emission standard
------------------------------------------------------------------------
Newly constructed or reconstructed       450 kg of CO2 per MWh of gross
 stationary combustion turbine that       energy output (1,000 lb CO2/
 supplies more than its design            MWh); or
 efficiency or 50 percent, whichever is  470 kilograms (kg) of CO2 per
 less, times its potential electric       megawatt-hour (MWh) of net
 output as net-electric sales on both a   energy output (1,030 lb/MWh).
 12-operating month and a 3-year
 rolling average basis and combusts
 more than 90% natural gas on a heat
 input basis on a 12-operating-month
 rolling average basis.
Newly constructed or reconstructed       50 kg CO2 per gigajoule (GJ) of
 stationary combustion turbine that       heat input (120 lb CO2/MMBtu).
 supplies its design efficiency or 50
 percent, whichever is less, times its
 potential electric output or less as
 net-electric sales on either a 12-
 operating month or a 3-year rolling
 average basis and combusts more than
 90% natural gas on a heat input basis
 on a 12-operating-month rolling
 average basis.
Newly constructed and reconstructed      50 kg CO2/GJ of heat input (120
 stationary combustion turbine that       lb/MMBtu) to 69 kg CO2/GJ of
 combusts 90% or less natural gas on a    heat input (160 lb/MMBtu) as
 heat input basis on a 12-operating-      determined by the procedures
 month rolling average basis.             in Sec.   60.5525.
------------------------------------------------------------------------



 Sec. Table 3 to Subpart TTTT of Part 60--Applicability of Subpart A of 
              Part 60 (General Provisions) to Subpart TTTT

----------------------------------------------------------------------------------------------------------------
    General provisions
         citation              Subject of citation         Applies to subpart TTTT             Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1...............  Applicability............  Yes............................
Sec.   60.2...............  Definitions..............  Yes............................  Additional terms defined
                                                                                         in Sec.   60.5580.
Sec.   60.3...............  Units and Abbreviations..  Yes............................
Sec.   60.4...............  Address..................  Yes............................  Does not apply to
                                                                                         information reported
                                                                                         electronically through
                                                                                         ECMPS. Duplicate
                                                                                         submittals are not
                                                                                         required.
Sec.   60.5...............  Determination of           Yes............................
                             construction or
                             modification.
Sec.   60.6...............  Review of plans..........  Yes............................
Sec.   60.7...............  Notification and           Yes............................  Only the requirements to
                             Recordkeeping.                                              submit the
                                                                                         notifications in Sec.
                                                                                         60.7(a)(1) and (3) and
                                                                                         to keep records of
                                                                                         malfunctions in Sec.
                                                                                         60.7(b), if applicable.
Sec.   60.8...............  Performance tests........  No.............................
Sec.   60.9...............  Availability of            Yes............................
                             Information.
Sec.   60.10..............  State authority..........  Yes............................
Sec.   60.11..............  Compliance with standards  No.............................
                             and maintenance
                             requirements.
Sec.   60.12..............  Circumvention............  Yes............................
Sec.   60.13..............  Monitoring requirements..  No.............................  All monitoring is done
                                                                                         according to part 75.

[[Page 832]]

 
Sec.   60.14..............  Modification.............  Yes (steam generating units and
                                                        IGCC facilities).
                                                       No (stationary combustion
                                                        turbines).
Sec.   60.15..............  Reconstruction...........  Yes............................
Sec.   60.16..............  Priority list............  No.............................
Sec.   60.17..............  Incorporations by          Yes............................
                             reference.
Sec.   60.18..............  General control device     No.............................
                             requirements.
Sec.   60.19..............  General notification and   Yes............................  Does not apply to
                             reporting requirements.                                     notifications under
                                                                                         Sec.   75.61 or to
                                                                                         information reported
                                                                                         through ECMPS.
----------------------------------------------------------------------------------------------------------------



  Subpart UUUUa_Emission Guidelines for Greenhouse Gas Emissions From 
               Existing Electric Utility Generating Units

    Source: 84 FR 32579, July 8, 2019, unless otherwise noted.

                              Introduction



Sec.  60.5700a  What is the purpose of this subpart?

    This subpart establishes emission guidelines and approval criteria 
for State plans that establish standards of performance limiting 
greenhouse gas (GHG) emissions from an affected steam generating unit. 
An affected steam generating unit for the purposes of this subpart, is 
referred to as a designated facility. These emission guidelines are 
developed in accordance with section 111(d) of the Clean Air Act and 
subpart Ba of this part. To the extent any requirement of this subpart 
is inconsistent with the requirements of subpart A or Ba of this part, 
the requirements of this subpart will apply.



Sec.  60.5705a  Which pollutants are regulated by this subpart?

    (a) The pollutants regulated by this subpart are greenhouse gases. 
The emission guidelines for greenhouse gases established in this subpart 
are heat rate improvements which target achieving lower carbon dioxide 
(CO2) emission rates at designated facilities.
    (b) PSD and Title V Thresholds for Greenhouse Gases.
    (1) For the purposes of Sec.  51.166(b)(49)(ii) of this chapter, 
with respect to GHG emissions from facilities, the ``pollutant that is 
subject to the standard promulgated under section 111 of the Act'' shall 
be considered to be the pollutant that otherwise is subject to 
regulation under the Act as defined in Sec.  51.166(b)(48) of this 
chapter and in any State Implementation Plan (SIP) approved by the EPA 
that is interpreted to incorporate, or specifically incorporates, Sec.  
51.166(b)(48) of this chapter.
    (2) For the purposes of Sec.  52.21(b)(50)(ii) of this chapter, with 
respect to GHG emissions from facilities regulated in the plan, the 
``pollutant that is subject to the standard promulgated under section 
111 of the Act'' shall be considered to be the pollutant that otherwise 
is subject to regulation under the Act as defined in Sec.  52.21(b)(49) 
of this chapter.
    (3) For the purposes of Sec.  70.2 of this chapter, with respect to 
greenhouse gas emissions from facilities regulated in the plan, the 
``pollutant that is subject to any standard promulgated under section 
111 of the Act'' shall be considered to be the pollutant that otherwise 
is ``subject to regulation'' as defined in Sec.  70.2 of this chapter.
    (4) For the purposes of Sec.  71.2 of this chapter, with respect to 
greenhouse gas emissions from facilities regulated in the plan, the 
``pollutant that is subject to any standard promulgated under section 
111 of the Act'' shall be considered to be the pollutant that otherwise 
is ``subject to regulation'' as defined in Sec.  71.2 of this chapter.



Sec.  60.5710a  Am I affected by this subpart?

    If you are the Governor of a State in the contiguous United States 
with one

[[Page 833]]

or more designated facilities that commenced construction on or before 
January 8, 2014, you are subject to this action and you must submit a 
State plan to the U.S. Environmental Protection Agency (EPA) that 
implements the emission guidelines contained in this subpart. If you are 
the Governor of a State in the contiguous United States with no 
designated facilities for which construction commenced on or before 
January 8, 2014, in your State, you must submit a negative declaration 
letter in place of the State plan.



Sec.  60.5715a  What is the review and approval process for my plan?

    The EPA will review your plan according to Sec.  60.27a to approve 
or disapprove such plan or revision or each portion thereof.



Sec.  60.5720a  What if I do not submit a plan, my plan is incomplete,
or my plan is not approvable?

    (a) If you do not submit a complete or an approvable plan the EPA 
will develop a Federal plan for your State according to Sec.  60.27a. 
The Federal plan will implement the emission guidelines contained in 
this subpart. Owners and operators of designated facilities not covered 
by an approved plan must comply with a Federal plan implemented by the 
EPA for the State.
    (b) After a Federal plan has been implemented in your State, it will 
be withdrawn when your State submits, and the EPA approves, a plan.



Sec.  60.5725a  In lieu of a State plan submittal, are there other
acceptable option(s) for a State to meet its CAA section 111(d) obligations?

    A State may meet its CAA section 111(d) obligations only by 
submitting a State plan submittal or a negative declaration letter (if 
applicable).



Sec.  60.5730a  Is there an approval process for a negative declaration 
letter?

    The EPA has no formal review process for negative declaration 
letters. Once your negative declaration letter has been received, the 
EPA will place a copy in the public docket and publish a notice in the 
Federal Register. If, at a later date, a designated facility for which 
construction commenced on or before January 8, 2014 is found in your 
State, you will be found to have failed to submit a plan as required, 
and a Federal plan implementing the emission guidelines contained in 
this subpart, when promulgated by the EPA, will apply to that designated 
facility until you submit, and the EPA approves, a State plan.

                         State Plan Requirements



Sec.  60.5735a  What must I include in my federally enforceable State 
plan?

    (a) You must include the components described in paragraphs (a)(1) 
through (4) of this section in your plan submittal. The final plan must 
meet the requirements of, and include the information required under, 
Sec.  60.5740a.
    (1) Identification of designated facilities. Consistent with Sec.  
60.25a(a), you must identify the designated facilities covered by your 
plan and all designated facilities in your State that meet the 
applicability criteria in Sec.  60.5775a. In addition, you must include 
an inventory of CO2 emissions from the designated facilities 
during the most recent calendar year for which data is available prior 
to the submission of the plan.
    (2) Standards of performance. You must provide a standard of 
performance for each designated facility according to Sec.  60.5755a and 
compliance periods for each standard of performance according to Sec.  
60.5750a. Each standard of performance must reflect the degree of 
emission limitation achievable through application of the heat rate 
improvements described in Sec.  60.5740a. In applying the heat rate 
improvements described in Sec.  60.5740a, a state may consider remaining 
useful life and other factors, as provided for in Sec.  60.24a(e).
    (3) Identification of applicable monitoring, reporting, and 
recordkeeping requirements for each designated facility. You must 
include in your plan all applicable monitoring, reporting and 
recordkeeping requirements for each designated facility and the 
requirements must be consistent with or no less stringent than the 
requirements specified in Sec.  60.5785a.
    (4) State reporting. Your plan must include a description of the 
process, contents, and schedule for State reporting to the EPA about 
plan implementation

[[Page 834]]

and progress, including information required under Sec.  60.5795a.
    (b) You must follow the requirements of subpart Ba of this part and 
demonstrate that they were met in your State plan.



Sec.  60.5740a  What must I include in my plan submittal?

    (a) In addition to the components of the plan listed in Sec.  
60.5735a, a state plan submittal to the EPA must include the information 
in paragraphs (a)(1) through (8) of this section. This information must 
be submitted to the EPA as part of your plan submittal but will not be 
codified as part of the federally enforceable plan upon approval by EPA.
    (1) You must include a summary of how you determined each standard 
of performance for each designated facility according to Sec.  
60.5755a(a). You must include in the summary an evaluation of the 
applicability of each of the following heat rate improvements to each 
designated facility:
    (i) Neural network/intelligent sootblowers;
    (ii) Boiler feed pumps;
    (iii) Air heater and duct leakage control;
    (iv) Variable frequency drives;
    (v) Blade path upgrades for steam turbines;
    (vi) Redesign or replacement of economizer; and
    (vii) Improved operating and maintenance practices.
    (2)(i) As part of the summary under paragraph (a)(1) of this section 
regarding the applicability of each heat rate improvement to each 
designated facility, you must include an evaluation of the following 
degree of emission limitation achievable through application of the heat 
rate improvements:

                      Table 1 to Paragraph (a)(2)(i)--Most Impactful HRI Measures and Range of Their HRI Potential (%) by EGU Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     < 200 MW                       200-500 MW                   500 MW
                       HRI Measure                       -----------------------------------------------------------------------------------------------
                                                                Min             Max             Min             Max             Min             Max
--------------------------------------------------------------------------------------------------------------------------------------------------------
Neural Network/Intelligent Sootblowers..................             0.5             1.4             0.3             1.0             0.3             0.9
Boiler Feed Pumps.......................................             0.2             0.5             0.2             0.5             0.2             0.5
Air Heater & Duct Leakage Control.......................             0.1             0.4             0.1             0.4             0.1             0.4
Variable Frequency Drives...............................             0.2             0.9             0.2             1.0             0.2             1.0
Blade Path Upgrade (Steam Turbine)......................             0.9             2.7             1.0             2.9             1.0             2.9
Redesign/Replace Economizer.............................             0.5             0.9             0.5             1.0             0.5             1.0
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Improved Operating and Maintenance (O&M) Practices......      Can range from 0 to  2.0% depending on the unit's historical O&M practices.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (ii) In applying a standard of performance, if you consider 
remaining useful life and other factors for a designated facility as 
provided in Sec.  60.24a(e), you must include a summary of the 
application of the relevant factors in deriving a standard of 
performance.
    (3) You must include a demonstration that each designated facility's 
standard of performance is quantifiable, permanent, verifiable, and 
enforceable according to Sec.  60.5755a.
    (4) Your plan demonstration must include the information listed in 
paragraphs (a)(4)(i) through (v) of this section as applicable.
    (i) A summary of each designated facility's anticipated future 
operation characteristics, including:
    (A) Annual generation;
    (B) CO2 emissions;
    (C) Fuel use, fuel prices, fuel carbon content;
    (D) Fixed and variable operations and maintenance costs;
    (E) Heat rates; and
    (F) Electric generation capacity and capacity factors.
    (ii) A timeline for implementation.

[[Page 835]]

    (iii) All wholesale electricity prices.
    (iv) A time period of analysis, which must extend through at least 
2035.
    (v) A demonstration that each standard of performance included in 
your plan meets the requirements of Sec.  60.5755a.
    (5) Your plan submittal must include certification that a hearing 
required under Sec.  60.23a(c)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, pursuant to the requirements of Sec.  60.23a(g).
    (6) Your plan submittal must include supporting material for your 
plan including:
    (i) Materials demonstrating the State's legal authority to implement 
and enforce each component of its plan, including standards of 
performance, pursuant to the requirements of Sec. Sec.  60.26a and 
60.5740a(a)(6);
    (ii) Materials supporting calculations for designated facility's 
standards of performance according to Sec.  60.5755a; and
    (iii) Any other materials necessary to support evaluation of the 
plan by the EPA.
    (b) You must submit your final plan to the EPA according to Sec.  
60.5800a.



Sec.  60.5745a  What are the timing requirements for submitting my 
plan?

    You must submit a plan with the information required under Sec.  
60.5740a by April 15, 2024.

[88 FR 14920, Mar. 10, 2023]



Sec.  60.5750a  What schedules and compliance periods must I include 
in my plan?

    The EPA is superseding the requirement at Sec.  60.22a(b)(5) for EPA 
to provide compliance timelines in the emission guidelines. Each 
standard of performance for designated facilities regulated under the 
plan must include a compliance period that ensures the standard of 
performance reflects the degree of emission limitation achievable though 
application of the heat rate improvements used to calculate the 
standard. The schedules and compliance periods included in a plan must 
follow the requirements of Sec.  60.24a.



Sec.  60.5755a  What standards of performance must I include in my plan?

    (a) You must set a standard of performance for each designated 
facility within the state.
    (1) The standard of performance must be an emission performance rate 
relating mass of CO2 emitted per unit of energy (e.g. pounds 
of CO2 emitted per MWh).
    (2) In establishing any standard of performance, you must consider 
the applicability of each of the heat rate improvements and associated 
degree of emission limitation achievable included in Sec.  
60.5740a(a)(1) and (2) to the designated facility. You must include a 
demonstration in your plan submission for how you considered each heat 
rate improvement and associated degree of emission limitation achievable 
in calculating each standard of performance.
    (i) In applying a standard of performance to any designated 
facility, you may consider the source-specific factors included in Sec.  
60.24a(e).
    (ii) If you consider source-specific factors to apply a standard of 
performance, you must include a demonstration in your plan submission 
for how you considered such factors.
    (b) Standards of performance for designated facilities included 
under your plan must be demonstrated to be quantifiable, verifiable, 
permanent, and enforceable with respect to each designated facility. The 
plan submittal must include the methods by which each standard of 
performance meets each of the requirements in paragraphs (c) through (f) 
of this section.
    (c) A designated facility's standard of performance is quantifiable 
if it can be reliably measured in a manner that can be replicated.
    (d) A designated facility's standard of performance is verifiable if 
adequate monitoring, recordkeeping and reporting requirements are in 
place to enable the State and the Administrator to independently 
evaluate, measure, and verify compliance with the standard of 
performance.
    (e) A designated facility's standard of performance is permanent if 
the standard of performance must be met for each compliance period, 
unless it is replaced by another standard of performance in an approved 
plan revision.

[[Page 836]]

    (f) A designated facility's standard of performance is enforceable 
if:
    (1) A technically accurate limitation or requirement and the time 
period for the limitation or requirement are specified;
    (2) Compliance requirements are clearly defined;
    (3) The designated facility responsible for compliance and liable 
for violations can be identified;
    (4) Each compliance activity or measure is enforceable as a 
practical matter; and
    (5) The Administrator, the State, and third parties maintain the 
ability to enforce against violations (including if a designated 
facility does not meet its standard of performance based on its 
emissions) and secure appropriate corrective actions, in the case of the 
Administrator pursuant to CAA sections 113(a) through (h), in the case 
of a State, pursuant to its plan, State law or CAA section 304, as 
applicable, and in the case of third parties, pursuant to CAA section 
304.



Sec.  60.5760a  What is the procedure for revising my plan?

    EPA-approved plans can be revised only with approval by the 
Administrator. The Administrator will approve a plan revision if it is 
satisfactory with respect to the applicable requirements of this subpart 
and any applicable requirements of subpart Ba of this part, including 
the requirements in Sec.  60.5740a. If one (or more) of the elements of 
the plan set in Sec.  60.5735a require revision, a request must be 
submitted to the Administrator indicating the proposed revisions to the 
plan.



Sec.  60.5765a  What must I do to meet my plan obligations?

    To meet your plan obligations, you must demonstrate that your 
designated facilities are complying with their standards of performance 
as specified in Sec.  60.5755a.

             Applicability of Plans to Designated Facilities



Sec.  60.5770a  Does this subpart directly affect EGU owners or operators
in my State?

    (a) This subpart does not directly affect EGU owners or operators in 
your State. However, designated facility owners or operators must comply 
with the plan that a State develops to implement the emission guidelines 
contained in this subpart.
    (b) If a State does not submit a plan to implement and enforce the 
emission guidelines contained in this subpart by July 8, 2022, or the 
date that EPA disapproves a final plan, the EPA will implement and 
enforce a Federal plan, as provided in Sec.  60.27a(c), applicable to 
each designated facility within the State that commenced construction on 
or before January 8, 2014.



Sec.  60.5775a  What designated facilities must I address in my State 
plan?

    (a) The EGUs that must be addressed by your plan are any designated 
facility that commenced construction on or before January 8, 2014.
    (b) A designated facility is a steam generating unit that meets the 
relevant applicability conditions specified in paragraphs (b)(1) through 
(3) of this section, as applicable, of this section except as provided 
in Sec.  60.5780a.
    (1) Serves a generator connected to a utility power distribution 
system with a nameplate capacity greater than 25 MW-net (i.e., capable 
of selling greater than 25 MW of electricity).
    (2) Has a base load rating (i.e., design heat input capacity) 
greater than 260 GJ/hr (250 MMBtu/hr) heat input of fossil fuel (either 
alone or in combination with any other fuel).
    (3) Is an electric utility steam generating unit that burns coal for 
more than 10.0 percent of the average annual heat input during the 3 
previous calendar years.



Sec.  60.5780a  What EGUs are excluded from being designated facilities?

    (a) An EGU that is excluded from being a designated facility is:
    (1) An EGU that is subject to subpart TTTT of this part as a result 
of commencing construction, reconstruction or modification after the 
subpart TTTT applicability date;
    (2) A steam generating unit that is subject to a federally 
enforceable permit limiting annual net-electric sales to one-third or 
less of its potential electric output, or 219,000 MWh or less;

[[Page 837]]

    (3) A stationary combustion turbine that meets the definition of a 
simple cycle stationary combustion turbine, a combined cycle stationary 
combustion turbine, or a combined heat and power combustion turbine;
    (4) An IGCC unit;
    (5) A non-fossil unit (i.e., a unit that is capable of combusting 50 
percent or more non-fossil fuel) that has always limited the use of 
fossil fuels to 10 percent or less of the annual capacity factor or is 
subject to a federally enforceable permit limiting fossil fuel use to 10 
percent or less of the annual capacity factor;
    (6) An EGU that serves a generator along with other steam generating 
unit(s), IGCC(s), or stationary combustion turbine(s) where the 
effective generation capacity (determined based on a prorated output of 
the base load rating of each steam generating unit, IGCC, or stationary 
combustion turbine) is 25 MW or less;
    (7) An EGU that is a municipal waste combustor unit that is subject 
to subpart Eb of this part;
    (8) An EGU that is a commercial or industrial solid waste 
incineration unit that is subject to subpart CCCC of this part; or
    (9) A steam generating unit that fires more than 50 percent non-
fossil fuels.
    (b) [Reserved]



Sec.  60.5785a  What applicable monitoring, recordkeeping, and reporting 
requirements do I need to include in my plan for designated facilities?

    (a) Your plan must include monitoring, recordkeeping, and reporting 
requirements for designated facilities. To satisfy this requirement, you 
have the option of either:
    (1) Specifying that sources must report emission and electricity 
generation data according to part 75 of this chapter; or
    (2) Including an alternative monitoring, recordkeeping, and 
reporting program that includes specifications for the following program 
elements:
    (i) Monitoring plans that specify the monitoring methods, systems, 
and formulas that will be used to measure CO2 emissions;
    (ii) Monitoring methods to continuously and accurately measure all 
CO2 emissions, CO2 emission rates, and other data 
necessary to determine compliance or assure data quality;
    (iii) Quality assurance test requirements to ensure monitoring 
systems provide reliable and accurate data for assessing and verifying 
compliance;
    (iv) Recordkeeping requirements;
    (v) Electronic reporting procedures and systems; and
    (vi) Data validation procedures for ensuring data are complete and 
calculated consistent with program rules, including procedures for 
determining substitute data in instances where required data would 
otherwise be incomplete.
    (b) [Reserved]

                Recordkeeping and Reporting Requirements



Sec.  60.5790a  What are my recordkeeping requirements?

    (a) You must keep records of all information relied upon in support 
of any demonstration of plan components, plan requirements, supporting 
documentation, and the status of meeting the plan requirements defined 
in the plan. After the effective date of the plan, States must keep 
records of all information relied upon in support of any continued 
demonstration that the final standards of performance are being 
achieved.
    (b) You must keep records of all data submitted by the owner or 
operator of each designated facility that is used to determine 
compliance with each designated facility emissions standard or 
requirements in an approved State plan, consistent with the designated 
facility requirements listed in Sec.  60.5785a.
    (c) If your State has a requirement for all hourly CO2 
emissions and generation information to be used to calculate compliance 
with an annual emissions standard for designated facilities, any 
information that is submitted by the owners or operators of designated 
facilities to the EPA electronically pursuant to requirements in part 75 
of this chapter meets the recordkeeping requirement of this section and 
you are not required to keep records of information that would be in 
duplicate of paragraph (b) of this section.

[[Page 838]]

    (d) You must keep records at a minimum for 5 years from the date the 
record is used to determine compliance with a standard of performance or 
plan requirement. Each record must be in a form suitable and readily 
available for expeditious review.



Sec.  60.5795a  What are my reporting and notification requirements?

    You must submit an annual report as required under Sec.  60.25a(e) 
and (f).



Sec.  60.5800a  How do I submit information required by these Emission
Guidelines to the EPA?

    (a) You must submit to the EPA the information required by these 
emission guidelines following the procedures in paragraphs (b) through 
(e) of this section unless you submit through the procedure described in 
paragraph (f) of this section.
    (b) All negative declarations, State plan submittals, supporting 
materials that are part of a State plan submittal, any plan revisions, 
and all State reports required to be submitted to the EPA by the State 
plan may be reported through EPA's electronic reporting system to be 
named and made available at a later date.
    (c) Only a submittal by the Governor or the Governor's designee by 
an electronic submission through SPeCS shall be considered an official 
submittal to the EPA under this subpart. If the Governor wishes to 
designate another responsible official the authority to submit a State 
plan, the EPA must be notified via letter from the Governor prior to the 
July 8, 2022, deadline for plan submittal so that the official will have 
the ability to submit a plan in the SPeCS. If the Governor has 
previously delegated authority to make CAA submittals on the Governor's 
behalf, a State may submit documentation of the delegation in lieu of a 
letter from the Governor. The letter or documentation must identify the 
designee to whom authority is being designated and must include the name 
and contact information for the designee and also identify the State 
plan preparers who will need access to the EPA electronic reporting 
system. A State may also submit the names of the State plan preparers 
via a separate letter prior to the designation letter from the Governor 
in order to expedite the State plan administrative process. Required 
contact information for the designee and preparers includes the person's 
title, organization, and email address.
    (d) The submission of the information by the authorized official 
must be in a non-editable format. In addition to the non-editable 
version all plan components designated as federally enforceable must 
also be submitted in an editable version.
    (e) You must provide the EPA with non-editable and editable copies 
of any submitted revision to existing approved federally enforceable 
plan components. The editable copy of any such submitted plan revision 
must indicate the changes made at the State level, if any, to the 
existing approved federally enforceable plan components, using a 
mechanism such as redline/strikethrough. These changes are not part of 
the State plan until formal approval by EPA.
    (f) If, in lieu of the requirements described in paragraphs (b) 
through (e) of this section, you choose to submit a paper copy or an 
electronic version by other means you must confer with your EPA Regional 
Office regarding the additional guidelines for submitting your plan.

                               Definitions



Sec.  60.5805a  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 subparts TTTT, A, and Ba 
of this part.
    Air Heater means a device that recovers heat from the flue gas for 
use in pre-heating the incoming combustion air and potentially for other 
uses such as coal drying.
    Annual capacity factor means the ratio between the actual heat input 
to an EGU during a calendar year and the potential heat input to the EGU 
had it been operated for 8,760 hours during a calendar year at the base 
load rating.
    Base load rating means the maximum amount of heat input (fuel) that 
an EGU can combust on a steady-state basis, as determined by the 
physical

[[Page 839]]

design and characteristics of the EGU at ISO conditions.
    Boiler feed pump (or boiler feedwater pump) means a device used to 
pump feedwater into a steam boiler at an EGU. The water may be either 
freshly supplied or returning condensate produced from condensing steam 
produced by the boiler.
    CO2 emission rate means for a designated facility, the 
reported CO2 emission rate of a designated facility used by a 
designated facility to demonstrate compliance with its CO2 
standard of performance.
    Combined cycle unit means an electric generating unit that uses a 
stationary combustion turbine from which the heat from the turbine 
exhaust gases is recovered by a heat recovery steam generating unit to 
generate additional electricity.
    Combined heat and power unit or CHP unit (also known as 
``cogeneration'') means an electric generating unit that uses a steam-
generating unit or stationary combustion turbine to simultaneously 
produce both electric (or mechanical) and useful thermal output from the 
same primary energy source.
    Compliance period means a discrete time period for a designated 
facility to comply with a standard of performance.
    Designated facility means a steam generating unit that meets the 
relevant applicability conditions in section Sec.  60.5775a, except as 
provided in Sec.  60.5780a.
    Economizer means a heat exchange device used to capture waste heat 
from boiler flue gas which is then used to heat the boiler feedwater.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid fuel, liquid fuel, or gaseous fuel derived from such material to 
create useful heat.
    Integrated gasification combined cycle facility or IGCC means a 
combined cycle facility that is designed to burn fuels containing 50 
percent (by heat input) or more solid-derived fuel not meeting the 
definition of natural gas plus any integrated equipment that provides 
electricity or useful thermal output to either the affected facility or 
auxiliary equipment. 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.
    Intelligent sootblower means an automated system that use process 
measurements to monitor the heat transfer performance and strategically 
allocate steam to specific areas to remove ash buildup at a steam 
generating unit.
    ISO conditions means 288 Kelvin (15 [deg]C), 60 percent relative 
humidity and 101.3 kilopascals pressure.
    Nameplate capacity means, starting from the initial installation, 
the maximum electrical generating output that a generator, prime mover, 
or other electric power production equipment under specific conditions 
designated by the manufacturer is capable of producing (in MWe, rounded 
to the nearest tenth) on a steady-state basis and during continuous 
operation (when not restricted by seasonal or other deratings) as of 
such installation as specified by the manufacturer of the equipment, or 
starting from the completion of any subsequent physical change resulting 
in an increase in the maximum electrical generating output that the 
equipment is capable of producing on a steady-state basis and during 
continuous operation (when not restricted by seasonal or other 
deratings), such increased maximum amount (in MWe, rounded to the 
nearest tenth) as of such completion as specified by the person 
conducting the physical change.
    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.

[[Page 840]]

    Net electric output means the amount of gross generation the 
generator(s) produce (including, but not limited to, output from steam 
turbine(s), combustion turbine(s), and gas expander(s)), as measured at 
the generator terminals, less the electricity used to operate the plant 
(i.e., auxiliary loads); such uses include fuel handling equipment, 
pumps, fans, pollution control equipment, other electricity needs, and 
transformer losses as measured at the transmission side of the step up 
transformer (e.g., the point of sale).
    Net energy output means:
    (1) The net electric or mechanical output from the affected 
facility, plus 100 percent of the useful thermal output measured 
relative to SATP conditions that is not used to generate additional 
electric or mechanical output or to enhance the performance of the unit 
(e.g., steam delivered to an industrial process for a heating 
application).
    (2) For combined heat and power facilities where at least 20.0 
percent of the total gross or net energy output consists of electric or 
direct mechanical output and at least 20.0 percent of the total gross or 
net energy output consists of useful thermal output on a 12-operating 
month rolling average basis, the net electric or mechanical output from 
the designated facility divided by 0.95, plus 100 percent of the useful 
thermal output; (e.g., steam delivered to an industrial process for a 
heating application).
    Neural network means a computer model that can be used to optimize 
combustion conditions, steam temperatures, and air pollution at steam 
generating unit.
    Simple cycle combustion turbine means any stationary combustion 
turbine which does not recover heat from the combustion turbine engine 
exhaust gases for purposes other than enhancing the performance of the 
stationary combustion turbine itself.
    Standard ambient temperature and pressure (SATP) conditions means 
298.15 Kelvin (25 [deg]C, 77 [deg]F) and 100.0 kilopascals (14.504 psi, 
0.987 atm) pressure. The enthalpy of water at SATP conditions is 50 Btu/
lb.
    State agent means an entity acting on behalf of the State, with the 
legal authority of the State.
    Stationary combustion turbine means all equipment, including but not 
limited to the turbine engine, the fuel, air, lubrication and exhaust 
gas systems, control systems (except emissions control equipment), heat 
recovery system, fuel compressor, heater, and/or pump, post-combustion 
emissions control technology, and any ancillary components and sub-
components comprising any simple cycle stationary combustion turbine, 
any combined cycle combustion turbine, and any combined heat and power 
combustion turbine based system plus any integrated equipment that 
provides electricity or useful thermal output to the combustion turbine 
engine, heat recovery system or auxiliary equipment. 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. If a stationary combustion turbine burns any 
solid fuel directly it is considered a steam generating unit.
    Steam generating unit means any furnace, boiler, or other device 
used for combusting fuel and producing steam (nuclear steam generators 
are not included) plus any integrated equipment that provides 
electricity or useful thermal output to the affected facility or 
auxiliary equipment.
    Useful thermal output means the thermal energy made available for 
use in any heating application (e.g., steam delivered to an industrial 
process for a heating application, including thermal cooling 
applications) that is not used for electric generation, mechanical 
output at the designated facility, to directly enhance the performance 
of the designated facility (e.g., economizer output is not useful 
thermal output, but thermal energy used to reduce fuel moisture is 
considered useful thermal output), or to supply energy to a pollution 
control device at the designated facility. Useful thermal output for 
designated facility(s) with no condensate return (or other thermal 
energy input to the designated facility(s)) or where measuring the 
energy in the condensate (or other thermal energy input to the 
designated facility(s)) would not meaningfully impact the emission rate

[[Page 841]]

calculation is measured against the energy in the thermal output at SATP 
conditions. Designated facility(s) with meaningful energy in the 
condensate return (or other thermal energy input to the designated 
facility) must measure the energy in the condensate and subtract that 
energy relative to SATP conditions from the measured thermal output.
    Variable frequency drive means an adjustable-speed drive used on 
induced draft fans and boiler feed pumps to control motor speed and 
torque by varying motor input frequency and voltage.

[[Page 843]]



                              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 845]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      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--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    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)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 846]]

     XXVII  Small Business Administration (Parts 2700--2799)
    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)
        LX  Federal Communications Commission (Parts 6000--6099)

                        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)

[[Page 847]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    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)

[[Page 848]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 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)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      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)

[[Page 849]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      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  [Reserved]
       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]

[[Page 850]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), 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  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 851]]

         X  Consumer Financial Protection Bureau (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, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        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)

[[Page 852]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    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) [Reserved]

[[Page 853]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       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  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance 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)

[[Page 854]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        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) 
                [Reserved]
       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]

[[Page 855]]

        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)
        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--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        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--799)

                   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)

[[Page 856]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      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

[[Page 857]]

         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 Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, 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  Department of Defense, 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, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 858]]

                          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)
         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)

[[Page 859]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                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)

                       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)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          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  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 860]]

       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--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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)

[[Page 861]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, 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 of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      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)

[[Page 862]]

                      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)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of 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)

[[Page 863]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        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)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         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 (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)

[[Page 864]]

        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 865]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

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, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  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
  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
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 866]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  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; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            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

[[Page 867]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             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
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
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 Affairs, Office of the Under-Secretary   15, XV
     for
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
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 Policy, National Commission for        1, IV
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
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 868]]

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 Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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 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 Permitting Improvement Steering Council   40, IX
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 of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 869]]

  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
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  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; 5, XXXVI; 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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 870]]

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
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           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 Environmental Enforcement, Bureau    30, II
       of
  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 Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
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 of                            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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 871]]

  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
  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, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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, XCIX
     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     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   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, VI
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; 37, IV
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                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 872]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               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
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
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, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
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
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
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 Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
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 of                              2, VI; 22, I; 28, XI

[[Page 873]]

  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
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  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
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  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 of the                       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
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   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, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 875]]



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, 2018 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.govinfo.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.govinfo.gov.

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
60.5397a (f)(1), (g)(1), (2), and (h)(2) revised...................10638

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
60.2000--60.2265 (Subpart CCCC) Revised............................15853
60.2500--60.2875 (Subpart DDDD) Revised............................15884
60.4216 (c) revised.........................................32088, 61568
60.4216 Regulation 84 FR 32088 withdrawn...........................49470
60.5700--60.5880 (Subpart UUUU) Removed............................32579
60.5700a--60.5805a (Subpart UUUUa) Added...........................32579

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
60.532 (e) revised.................................................18455
60.534 (h) revised.................................................63403
60.750--60.759 Correction: (Subpart WWW) Heading revised...........64400
60.750 (a) revised; (d) added......................................17260
60.762 (b)(2)(iv) revised..........................................17261
60.765 (a)(5)(ii) revised..........................................17261
60.766 (a)(3) revised..............................................63403
60.767 (g) introductory text, (7), and (j) introductory text 
        revised; (m) added.........................................17261
60.768 (e) introductory text revised; (e)(6) added.................17261
60.2110 (i) introductory text, (1), and (2) introductory text 
        revised....................................................63403
60.2145 (j) introductory text and (y)(3) revised...................63404
60.2150 Revised....................................................63404
60.2210 Introductory text revised; (p) added.......................63404
60.2000--60.2265 (Subpart CCCC) Table 6 revised....................63404
60.2000--60.2265 (Subpart CCCC) Table 7 revised....................63405
60.2675 (i) introductory text, (1), and (2) introductory text 
        revised....................................................63406
60.2710 (j) introductory text and (y)(3) revised...................63406
60.2715 Revised....................................................63406
60.2500--60.2875 (Subpart DDDD) Table 7 revised....................63406
60.2500--60.2875 (Subpart DDDD) Table 8 revised....................63407
60.4207 (a) removed; (b) amended; (d) revised......................78463
60.4235 Amended....................................................78463

[[Page 876]]

60.4230--60.4248 (Subpart JJJJ) Table 2 revised....................63408
60.4415 (a)(1) through (3) redesignated as (a)(2) through (4); new 
        (a)(1) added; (a) introductory text and new (2) revised....63410
60.5360--63.5430 (Subpart OOOO) Heading revised....................57069
60.5360 Revised....................................................57069
60.5365 Introductory text, (b), (c), (d)(1), and (e) introductory 
        text revised; (d)(2) removed...............................57069
60.5420 (c)(5)(iv) revised.........................................57069
60.5430 Amended....................................................57069
60.5474 (e) revised................................................18455
60.5476 (i) revised................................................63410
60.5360a Revised...................................................57070
60.5360a (a) revised...............................................57438
60.5365a Introductory text revised.................................57070
60.5365a (e), (f) introductory text, (g) introductory text, and 
        (1) revised; (i)(4) added..................................57438
60.5375a Heading and introductory text revised.....................57070
60.5375a (a)(1)(i), (iii) introductory text, and (f)(3)(ii) 
        revised; (f)(4) added......................................57439
60.5380a Heading, introductory text, and (a)(1) revised............57070
60.5385a Heading, introductory text, and (a)(3) revised............57070
60.5385a (a)(1) revised............................................57439
60.5390a Heading and introductory text revised.....................57070
60.5393a Heading and introductory text revised.....................57070
60.5393a (b) and (c) revised; (f) removed..........................57439
60.5395a Introductory text revised.................................57440
60.5397a Heading and introductory text revised.....................57070
60.5397a (a), (c)(2), (7)(i) introductory text, (8) introductory 
        text, (d), (f), (g) introductory text, (1), (2), (5), and 
        (h) revised; (c)(8)(iii) added.............................57440
60.5398a Heading, (a), and (d)(1)(xi) revised......................57070
60.5398a Revised...................................................57442
60.5399a Added.....................................................57443
60.5400a Heading and (c) revised...................................57071
60.5400a Introductory text and (a) revised.........................57445
60.5401a Heading revised...........................................57071
60.5401a (e) and (g) revised.......................................57445
60.5402a Heading, (a), and (d)(2) introductory text revised........57071
60.5405a Heading revised...........................................57445
60.5406a Heading revised...........................................57445
60.5407a Heading and (a) introductory text revised.................57445
60.5410a (a) introductory text, (b)(1), (d) introductory text, and 
        (f) revised................................................57071
60.5410a Heading, introductory text, (c)(1), (e)(2) through (5), 
        (g) introductory text, (3), (h), (j) introductory text, 
        and (1) revised; (e)(8) removed; (k) added.................57445
60.5411a Introductory text, (a) introductory text, (1), (c)(1), 
        (2), (d)(1), and (e) revised...............................57446
60.5412a (a)(1)(i) and (2) amended.................................57071
60.5412a (a)(1) introductory text, (a)(1)(iv), (c) introductory 
        text, (d)(1)(iv) introductory text, and (D) revised........57447
60.5413a (d)(11)(iii) revised......................................57071
60.5413a (d)(5)(i) introductory text, (d)(9)(iii), and (d)(12) 
        introductory text revised..................................57447
60.5415a (b)(1) and (f) revised....................................57071
60.5415a Heading, (b) introductory text, (3), (c)(1), (g) 
        introductory text, (h) introductory text, and (2) revised; 
        (b)(4) removed; (i) and (j) added..........................57447
60.5416a Introductory text, (a) introductory text, (4) 
        introductory text, (b) introductory text, (c) introductory 
        text, (1), (2) introductory text, and (d) revised; 
        (c)(2)(iv) added...........................................57448
60.5417a Introductory text and (a) revised.........................57449
60.5420a (c)(5)(iv) revised........................................57072
60.5420a Revised...................................................57449
60.5421a Heading revised...........................................57072
60.5422a Heading revised...........................................57072
60.5422a (a), (b), and (c) introductory text revised...............57457
60.5423a Heading, (b) introductory text revised; (b)(3) added......57458
60.5430a Amended............................................57072, 57458
60.5360a--60.5439a (Subpart OOOOa) Table 3 amended.................57460

[[Page 877]]

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
60.4200 (d) revised; eff. 7-29-21..................................34357
60.4201 (a), (d) introductory text, (f) introductory text, and (h) 
        revised; eff. 7-29-21......................................34357
60.4202 (a)(1)(i), (2), (b)(2), (e) introductory text, and (g) 
        introductory text revised; eff. 7-29-21....................34358
60.4204 (a) and (f) revised; eff. 7-29-21..........................34358
60.4205 (a) revised; eff. 7-29-21..................................34358
60.4210 (a) and (b), (c) introductory text, (3), (d), (i), and (j) 
        revised; (k) added; eff. 7-29-21...........................34358
60.4211 (a)(3) and (b)(1) revised; eff. 7-29-21....................34359
60.4212 (a) and (c) revised; undesignated text following the 
        equation in (c) amended; eff. 7-29-21......................34359
60.4216 (b) and (c) revised; eff. 7-29-21..........................34359
60.4219 Amended; eff. 7-29-21......................................34360
60.4230 (e) revised; eff. 7-29-21..................................34360
60.4231 (a) through (d) revised; eff. 7-29-21......................34360
60.4238 Revised; eff. 7-29-21......................................34361
60.4239 Revised; eff. 7-29-21......................................34361
60.4240 Revised; eff. 7-29-21......................................34361
60.4241 (a), (b), and (i) revised; eff. 7-29-21....................34361
60.4242 Revised; eff. 7-29-21......................................34362
60.4243 (f) revised; eff. 7-29-21..................................34362
60.4245 (a)(3) revised; eff. 7-29-21...............................34362
60.4247 (a) revised; eff. 7-29-21..................................34362
60.4248 Amended; eff. 7-29-21......................................34363

                                  2022

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
60 Notification....................................................50952
60 Authority citation revised......................................18706
60 Regulation at 87 FR 18706 withdrawn.............................32090
60.761 Amended......................................................8202
60.762 (b)(2)(i) and (ii)(A) revised................................8203
60.767 (d) introductory text revised................................8203
60.4211 (f) introductory text, (2) introductory text, and (3) 
        introductory text revised; (f)(2)(ii) and (iii) removed....48605
60.4214 (d) introductory text revised; (d)(1)(v) and (vi) removed 
                                                                   48606
60.4219 Amended....................................................48606
60.4243 (d) introductory text, (2) introductory text, and (3) 
        introductory text revised; (d)(2)(ii) and (iii) removed....48606
60.4245 (e) introductory text revised; (e)(1)(v) and (vi) removed 
                                                                   48606
60.4248 Amended....................................................48606

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

40 CFR
                                                                   88 FR
                                                                    Page
Chapter I
60.534 (c) and (d) revised.........................................18402
60.539b (b) revised................................................18402
60.720 (b) revised.................................................18065
60.720a--60.726a (Subpart TTTa) Added..............................18067
60.721 (a) amended.................................................18065
60.723 (b)(2)(i)(C) Table 1 and (iv) amended; (a), (b)(1), 
        (2)(i)(D), and (E) revised.................................18065
60.724 (a)(2), (c), and (e) revised; (f) and (g) added.............18066
60.725 (b) revised.................................................18067
60.726 (b) revised.................................................18067
60.2125 (g)(2) and (j)(2) revised..................................16742
60.2690 (g)(2) and (j)(2) revised..................................16742
60.4202 (g) introductory text revised...............................4471
60.4218 Revised.....................................................4471
60.4246 Revised.....................................................4471
60.5474 (b)(2), (3), and (6) revised...............................18402
60.5476 (c)(5) and (6) removed; (f) revised........................18402
60.5483 (b) revised................................................18403
60.5745a Revised...................................................14920


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