[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47234-47274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21546]



[[Page 47233]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60



Emission Guidelines for Existing Stationary Sources: Small Municipal 
Waste Combustion Units; Proposed Rule

  Federal Register / Vol. 64, No. 167 / Monday, August 30, 1999 / 
Proposed Rules  

[[Page 47234]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6424-6]
RIN 2060-AI51


Emission Guidelines for Existing Stationary Sources: Small 
Municipal Waste Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: This action proposes to reestablish emission guidelines for 
existing small municipal waste combustion (MWC) units. When 
implemented, these emission guidelines will result in stringent 
emission limits for organics (dioxins/furans), metals (cadmium, lead, 
mercury, and particulate matter), and acid gases (hydrogen chloride, 
sulfur dioxide, and nitrogen oxides). Emission guidelines for small MWC 
units were originally promulgated in December 1995 but were vacated by 
the U.S. Court of Appeals for the District of Columbia Circuit in March 
1997.

DATES: Comments: Comments on these proposed emission guidelines and 
comments on the Information Collection Request (ICR) document 
associated with these emission guidelines must be received on or before 
October 29, 1999.
    Public Hearing: A public hearing will be held if requests to speak 
are received by September 14, 1999. The public hearing will provide 
interested parties the opportunity to present data, views, or arguments 
concerning these proposed emission guidelines. If requests to speak are 
received, the public hearing will take place in Research Triangle Park, 
North Carolina, approximately 30 days after August 30, 1999 and will 
begin at 10:00 a.m. A message regarding the status of the public 
hearing may be accessed by calling (919) 541-5264.

ADDRESSES: Comments: Submit comments on these proposed emission 
guidelines (in duplicate, if possible) to: Air and Radiation Docket and 
Information Center (MC-6102), Attention Docket No. A-98-18, U.S. 
Environmental Protection Agency, 401 M Street SW, Washington, DC 20460. 
Comments may also be submitted electronically. Send electronic 
submittals to: ``'A-and-R-D[email protected]'''. Submit electronic 
comments in American Standard Code for Information Interchange (ASCII) 
format. Avoid the use of special characters and any form of encryption. 
Electronic comments on these proposed emission guidelines may be filed 
online at any Federal Depository Library. For additional information on 
comments and public hearing see the Supplementary Information section.
    Docket: Docket No. A-98-18 for this proposal and associated Docket 
Nos. A-90-45 and A-89-08 contain supporting information for these 
emission guidelines. These dockets are available for public inspection 
and copying between 8:00 a.m. and 5:30 p.m., Monday through Friday, at 
EPA's Air and Radiation Docket and Information Center (MC-6102), 401 M 
Street SW., Washington, DC 20460, or by calling (202) 260-7548. The 
dockets are located at the above address in Room M-1500, Waterside Mall 
(ground floor, central mall). A reasonable fee may be charged for 
copying.

FOR FURTHER INFORMATION CONTACT: Mr. Walt Stevenson at (919) 541-5264, 
Combustion Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711, e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Comment Information

    Comments and data will also be accepted on disks in 
WordPerfect Version 5.1 or 6.1 file format (or ASCII file 
format). Address all comments and data for this proposal, whether on 
paper or in electronic form, such as through e-mail or disk, to Docket 
No. A-98-18.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it Confidential Business Information. Send 
submissions containing such proprietary information directly to the 
following address, and not to the public docket, to ensure that 
proprietary information is not inadvertently placed in the docket: 
Attention: Ms. Melva Toomer, U.S. EPA, OAQPS Document Control Officer, 
411 W. Chapel Hill Street, Room 944, Durham, NC 27701. Do not submit 
Confidential Business Information (CBI) electronically.
    The EPA will disclose information identified as Confidential 
Business Information only to the extent allowed and by the procedures 
set forth in 40 CFR part 2. If no claim of confidentiality accompanies 
a submission when it is received by the EPA, the information may be 
made available to the public without further notice to the commenter.

Public Hearing

    If a public hearing is held, it will take place at EPA's Office of 
Administration Auditorium, Research Triangle Park, NC, or at an 
alternate site nearby. Persons interested in presenting oral testimony 
at the public hearing should notify Ms. Libby Bradley, Combustion 
Group, Emission Standard Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27711, telephone (919) 
541-5578, at least 2 days in advance of the public hearing. Persons 
interested in attending the public hearing must also call Ms. Bradley 
to verify the time, date, and location of the hearing. The final 
hearing status and location may be obtained by calling (919) 541-5264.

World Wide Web Site

    Electronic versions of this notice, the proposed regulatory text, 
and other background information are available at the World Wide Web 
site that EPA has established for these proposed emission guidelines 
for small MWC units. The address is: ``http://www.epa.gov/ttn/uatw/129/
mwc/rimwc2.html.'' For assistance in downloading files, call the EPA's 
Technology Transfer Network (TTN) HELP line at (919) 541-5384.

Regulated Entities

    No entities would be directly regulated by this action because this 
proposal is an emission guideline, which requires additional State or 
Federal action for implementation. However, the promulgation of State 
or Federal plans implementing these emission guidelines would affect 
the following categories of sources:

[[Page 47235]]



----------------------------------------------------------------------------------------------------------------
                   Category                     NAICS codes   SIC codes       Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry, Federal government, and State/local/       562213         4953  Solid waste combustors or incinerators
 tribal governments.                                  92411         9511   at waste-to-energy facilities that
                                                                           generate electricity or steam from
                                                                           the combustion of garbage (typically
                                                                           municipal waste); and solid waste
                                                                           combustors or incinerators at
                                                                           facilities that combust garbage
                                                                           (typically municipal waste) and do
                                                                           not recover energy from the waste.
----------------------------------------------------------------------------------------------------------------

    This list is not intended to be exhaustive, but rather provides a 
guide regarding the entities EPA expects to be regulated by applicable 
State or Federal plans implementing these emission guidelines for small 
MWC units. These emission guidelines would primarily impact facilities 
in North American Industrial Classification System (NAICS) codes 562213 
and 92411, formerly Standard Industrial Classification (SIC) codes 4953 
and 9511, respectively. Not all facilities classified under these codes 
would be affected. To determine whether your facility would be 
regulated by State or Federal plans implementing these emission 
guidelines, carefully examine the applicability criteria in section 
II.A of this preamble and in Secs. 60.1550 through 60.1565 of these 
proposed emission guidelines. If you have any questions regarding the 
applicability of this action to your small MWC unit or any other 
question or comment, please submit comments to Docket No. A-98-18 or 
refer to the FOR FURTHER INFORMATION CONTACT section.
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble. Each section heading of 
the preamble is presented as a question and the text in the section 
answers the question.

I. Background Information
II. Summary of These Proposed Emission Guidelines
    A. What sources would be directly or indirectly regulated by 
these proposed emission guidelines?
    B. Has the small MWC unit population been subcategorized within 
this proposal?
    C. What pollutants would be regulated by these proposed emission 
guidelines?
    D. What is the format of the proposed emission limits in these 
emission guidelines?
    E. Where can I find a more detailed summary of these proposed 
emission guidelines?
III. Changes in These Proposed Emission Guidelines Relative to the 
1995 Emission Guidelines
    A. How has the conversion to plain language affected these 
emission guidelines?
    B. How has the size definition of the small MWC category been 
revised?
    C. How has the population of small MWC units been 
subcategorized?
    D. What are the proposed emission limits?
    E. Have carbon monoxide emission limits been revised for 
fluidized bed combustion units that cofire wood and refuse derived 
fuel?
    F. Have any changes been made to the operator certification 
requirements?
    G. Have any changes been made to the operating practice 
requirements?
    H. Have any changes been made to the monitoring and stack 
testing requirements?
    I. Have any changes been made to the recordkeeping and reporting 
requirements?
IV. What Would be the Impacts of These Proposed Emission Guidelines?
    A. Air Impacts
    B. Cost and Economic Impacts
V. Companion Proposal for New Small MWC Units
VI. Amendments to 40 CFR Part 60, Subpart B
VII. Administrative Requirements
    A. Public Hearing
    B. Docket
    C. National Technology Transfer and Advancement Act
    D. Paperwork Reduction Act
    E. Regulatory Flexibility Act/Small Business Regulatory 
Enforcement Fairness Act
    F. Unfunded Mandates Reform Act
    G. Executive Order 12866--Regulatory Planning and Review
    H. Executive Order 12875--Enhancing the Intergovernmental 
Partnership
    I. Executive Order 12898--Federal Actions to Address 
Environmental Justice in Minority Populations and Low-income 
Populations
    J. Executive Order 13045--Protection of Children from 
Environmental Health Risks and Safety Risks
    K. Executive Order 13084--Consultation and Coordination with 
Indian Tribal Governments
    L. Executive Memorandum on Plain Language in Government Writing

Abbreviations and Acronyms Used in This Document

ASCII--American Standard Code for Information Interchange
ASME--American Society of Mechanical Engineers
CBI--Confidential Business Information
CFR--Code of Federal Regulations
DSI/ESP/CI--dry sorbent injection/electrostatic precipitator/carbon 
injection
EPA--Environmental Protection Agency
ESP--electrostatic precipitator
FR--Federal Register
ICR--Information Collection Request
kg/year--kilograms per year
MACT--maximum achievable control technology
mg/dscm--milligrams per dry standard cubic meter
Mg/year--megagrams per year
MSW--municipal solid waste
MWC--municipal waste combustion
NAICS--North American Industrial Classification System
ng/dscm--nanograms per dry standard cubic meter
NSPS--new source performance standards
NTTAA--National Technology Transfer and Advancement Act
OAQPS--Office of Air Quality Planning and Standards
OMB--Office of Management and Budget
OP--Office of Policy
Pub. L.--Public Law
ppmv--parts per million by volume
RDF--refuse-derived fuel
RFA--Regulatory Flexibility Act
SBREFA--Small Business Regulatory Enforcement Fairness Act
SD/ESP/CI--spray dryer/electrostatic precipitator/carbon injection
SD/FF/CI/SNCR--spray dryer/fabric filter/carbon injection/selective 
noncatalytic reduction
SIC--Standard Industrial Classification
TTN--Technology Transfer Network
UMRA--Unfunded Mandates Reform Act
U.S.C.--United States Code

I. Background Information

    On September 20, 1994, EPA proposed emission guidelines for large 
and small MWC units under 40 CFR part 60, subpart Cb. Those emission 
guidelines covered all MWC units located at plants with an aggregate 
plant combustion capacity larger than 35 megagrams per day of municipal 
solid waste (MSW), which is approximately 39 tons per day of MSW. The 
subpart Cb emission guidelines for large and small MWC units were 
promulgated on December 19, 1995.
    The 1995 emission guidelines divided the MWC unit population into 
MWC units located at large MWC plants and MWC units located at small 
MWC plants based on the total aggregate capacity of all MWC units at 
the MWC plant. The large plant category included all MWC units located 
at MWC plants with aggregate plant combustion capacities greater than 
225 megagrams per day (approximately 248 tons per

[[Page 47236]]

day). The small plant category comprised all MWC units located at MWC 
plants with aggregate plant combustion capacities of 35 to 225 
megagrams per day (approximately 39 to 248 tons per day).
    Following promulgation of the 1995 emission guidelines, a petition 
for review was filed with the U.S. Court of Appeals for the District of 
Columbia Circuit regarding the use of aggregate plant capacity as the 
basis for initial categorization of the MWC unit population. An initial 
opinion was issued by the court on December 6, 1996 (Davis County Solid 
Waste Management and Recovery District v. EPA, 101 F. 3d 1395, D.C. 
Cir. 1996). The initial opinion would have vacated (canceled) the 1995 
emission guidelines for both large and small MWC units.
    The EPA filed a petition for rehearing on February 4, 1997 
requesting the court to reconsider the remedy portion of its opinion 
and to vacate these emission guidelines only as they apply to small MWC 
units (units having an individual capacity of 35 to 250 tons per day). 
The court granted EPA's petition, reconsidered its opinion, and issued 
a revised opinion on March 21, 1997 (Davis County Solid Waste 
Management and Recovery District v. EPA, 108 F. 3d 1454, D.C. Cir. 
1997). The revised opinion remanded to EPA the 1995 emission guidelines 
for the large MWC unit category for amendment to be consistent with the 
court's final opinion and vacated these emission guidelines only as 
they applied to small MWC units.
    Amendments to the 1995 emission guidelines incorporating the 
court's final opinion were published on August 25, 1997 (62 FR 45116). 
The amendments made the subpart Cb emission guidelines consistent with 
the court's decision and included other minor technical corrections to 
improve clarity. The principal change was to remove small MWC units 
from the applicability of subpart Cb. This was accomplished by 
increasing the lower size cutoff for large MWC units from 35 megagrams 
per day on a plant capacity basis to 250 tons per day on a unit 
capacity basis. No adverse comments were received on the proposal and 
they became effective on October 24, 1997.
    With the increase in the lower size cutoff for large MWC units from 
248 tons per day on a plant capacity basis to 250 tons per day on a 
unit capacity basis, 45 MWC units that were previously in the large MWC 
plant category were moved into the newly classified small MWC unit 
category. These units are commonly referred to as ``Davis class'' MWC 
units (referencing the name of the court's opinion that clarifies that 
EPA must move these units from the large MWC unit category to the small 
MWC unit category).
    Today's proposal would reestablish emission guidelines for existing 
small municipal waste combustion capacities of 35 to 250 tons per day 
of MSW.

II. Summary of These Proposed Emission Guidelines

    This section summarizes these proposed emission guidelines for 
small MWC units, including identification of the subcategories used in 
this proposal for small MWC units. Overall, these proposed emission 
guidelines for small MWC units are functionally equivalent to the 1995 
emission guidelines for small MWC units.

A. What Sources Would be Directly or Indirectly Regulated by These 
Proposed Emission Guidelines?

    Today's proposed emission guidelines would not directly regulate 
small MWC units, but they would require States to develop plans to 
limit air emissions from existing small MWC units. In this proposal and 
in associated State plans, a small MWC unit would be defined as any MWC 
unit with a combustion design capacity of 35 to 250 tons per day.

B. Has the Small MWC Unit Population Been Subcategorized Within this 
Proposal?

    Yes, within these proposed emission guidelines, the small MWC unit 
population is subcategorized based on: (1) Aggregate capacity of the 
plant where the individual MWC unit is located, and (2) combustor type. 
The resulting subcategories are as follows: (1) Class A units are 
defined as nonrefractory-type small MWC units located at plants with an 
aggregate plant capacity greater than 250 tons per day of MSW, (2) 
Class B units are refractory-type small MWC units located at plants 
with an aggregate plant capacity greater than 250 tons per day of MSW, 
and (3) Class C units are all small MWC units located at plants with an 
aggregate plant capacity less than or equal to 250 tons per day of MSW.

C. What Pollutants Would be Regulated by These Proposed Emission 
Guidelines?

    Section 129 of the Clean Air Act requires EPA to establish 
numerical emission limits for dioxins/furans, cadmium, lead, mercury, 
particulate matter, opacity, sulfur dioxide, hydrogen chloride, 
nitrogen oxides, and carbon monoxide. Section 129 specifies that EPA 
may also:

* * * promulgate numerical emission limitations or provide for the 
monitoring of post-combustion concentrations of surrogate 
substances, parameters, or periods of residence times in excess of 
stated temperatures with respect to pollutants other than those 
listed [above] * * *.

    Therefore, in addition to emission limits, EPA is proposing 
guidelines for unit operating load, flue gas temperature at the 
particulate matter control device inlet, and carbon feed rate as part 
of the good combustion practice requirements. The EPA is also proposing 
requirements for the control of fugitive ash emissions. All of these 
requirements were contained in the 1995 emission guidelines.

D. What is the Format of the Proposed Emission Limits in These Emission 
Guidelines?

    The format of the proposed emission limits is identical to the 
format of the emission limits in the 1995 emission guidelines. The 
format is in the form of emission limits based on pollutant 
concentration. Alternative percentage reduction requirements are 
provided for mercury, sulfur dioxide, and hydrogen chloride. Opacity 
and fugitive ash requirements are identical to the 1995 emission 
guidelines. In addition to controlling stack emissions, these proposed 
emission guidelines incorporate the same good combustion practice 
requirements (i.e., operator training, operator certification, and 
operating requirements) that were included in the 1995 emission 
guidelines. Additionally, this proposal includes a clarification to the 
operator certification requirements to address periods when the 
certified chief facility operator and certified shift supervisor must 
be offsite. Section III.F provides more detail on the differences in 
operator certification requirements between these proposed subpart BBBB 
guidelines and the 1995 subpart Cb guidelines. Today's proposal also 
includes a revision to the activated carbon feed rate requirement. 
(Section III.G provides additional information on proposed changes to 
the carbon feed rate requirements.)

E. Where Can I Find a More Detailed Summary of These Proposed Emission 
Guidelines?

    A concise summary of these proposed emission guidelines can be 
found either in: (1) Tables 2 through 5 of the proposed subpart BBBB 
emission guidelines following this preamble; or (2) the Technical Fact 
Sheet for this proposal that can be downloaded from the EPA World Wide 
Web site for small MWC units


[[Page 47237]]


(http://www.epa.gov/ttn/uatw/129/mwc/rimwc2.html).

III. Changes in These Proposed Emission Guidelines Relative to the 
1995 Emission Guidelines

    This section summarizes changes in the proposed emission guidelines 
compared to the 1995 emission guidelines. Overall, these emission 
guidelines are functionally equivalent to the 1995 emission guidelines, 
with minimal changes. The most significant change is the use of the 
plain language style for organizing and writing these emission 
guidelines. These proposed emission guidelines retain subcategorization 
by aggregate plant capacity and only a few emission limits have been 
revised.
    Compared to the 1995 emission guidelines for large and small MWC 
units, these proposed emission guidelines have identical requirements 
for all small MWC units except for Class B units. The requirements for 
the Class A and Class C units remain the same as the 1995 requirements, 
except that the nitrogen oxides emission limit for Class A units has 
been changed to reflect revised MACT floors.

A. How Has the Conversion to Plain Language Affected These Emission 
Guidelines?

    These proposed emission guidelines are organized and written in the 
plain language style. This style has not affected the content of these 
proposed emission guidelines when compared to the 1995 emission 
guidelines. However, it has changed their appearance. The EPA considers 
the question and answer format of the plain language style to be more 
user friendly and understandable to all audiences when compared with 
previous rules that were not written in this style.
    The question and answer format that is used in the regulatory text 
for this proposal significantly minimizes cross-referencing within 
these emission guidelines. Additionally, these proposed emission 
guidelines have been drafted as a stand-alone subpart without the 
cross-referencing to the NSPS required by the 1995 emission guidelines. 
To improve the presentation of these emission guidelines requirements, 
additional tables have been added.

B. How Has the Size Definition of the Small MWC Category Been Revised?

    As a result of the 1997 court decision, both the upper and lower 
size definitions (cutoffs) have been changed so that the small MWC unit 
category is based on the capacity of an individual MWC unit rather than 
on the total capacity of the plant where an MWC unit is located. 
Additionally, English units of measure (tons per day capacity) are used 
instead of metric units of measure (megagrams per day capacity).
1. Upper Size Cutoff
    The upper size cutoff for small MWC units is proposed as 250 tons 
per day on a unit capacity basis. In the 1995 emission guidelines, the 
upper size cutoff was 225 megagrams per day (approximately 248 tons per 
day) based on total plant capacity. This revised upper size cutoff is 
consistent with the 1997 court ruling.
2. Lower Size Cutoff
    The lower size cutoff for small MWC units is proposed as 35 tons 
per day on a unit capacity basis. In the 1995 emission guidelines, the 
lower size cutoff for small MWC units was 35 megagrams per day 
(approximately 39 tons per day) based on total plant capacity. In this 
proposal, the lower size cutoff has been changed to a unit capacity 
basis to make both the upper size cutoff and lower size cutoff based on 
a unit capacity basis (Docket No. A-98-18).

C. How has the Population of Small MWC Units Been Subcategorized?

    These proposed emission guidelines retain the use of aggregate 
plant capacity to subcategorize small MWC units.
    After first dividing the MWC unit population into units above 250 
tons per day (large units) and units less than 250 tons per day (small 
units), the court's decision allowed EPA to:

* * * exercise its discretion to distinguish among units within a 
category and create subcategories of small units, for which it can 
then calculate MACT floors and standards separately.

    Thus, the court allowed EPA to subcategorize by unit location 
(aggregate plant capacity) at its discretion. The EPA has elected to 
retain the subcategorization used in the 1995 emission guidelines. 
Therefore, today's proposal establishes separate subcategories for 
small MWC units at: (1) Facilities with aggregate plant capacities 
greater than 250 tons per day (Davis class units), and (2) facilities 
with aggregate plant capacities less than or equal to 250 tons per day 
(non-Davis class units).
    The EPA has noted that design and operational characteristics of 
refractory-type units are noticeably different than those of 
nonrefractory-type units. Further analysis of MWC unit operation showed 
that refractory-type MWC units generate approximately 50 percent more 
flue gas (exhaust) per ton of waste burned than nonrefractory-type MWC 
units. Higher levels of excess combustion air are used with refractory 
units by design to avoid overheating the refractory walls (Docket No. 
A-98-18). Because of this technical difference, EPA has elected to 
subdivide the Davis class units into a Davis refractory-type class and 
a Davis nonrefractory-type class.
    In summary, today's proposal divides the small MWC unit population 
into three classes. Class A comprises small nonrefractory-type MWC 
units located at plants with an aggregate plant capacity greater than 
250 tons per day of MSW. Class B comprises small refractory-type MWC 
units located at plants with an aggregate plant capacity greater than 
250 tons per day of MSW. Class C comprises all small MWC units located 
at plants with an aggregate plant capacity less than or equal to 250 
tons per day of MSW.

D. What are the Proposed Emission Limits?

1. Summary of the Proposed Emission Limits for Small MWC Units
    To propose emission limits for small MWC units, EPA had to 
recalculate the MACT floors to account for changes in the small MWC 
unit definition (from a plant basis to a unit basis and from metric 
units of measure to English units) and the establishment of the three 
MWC unit subcategories. After establishing the MACT floor for each 
pollutant in each small MWC unit subcategory, EPA considered the cost, 
nonair quality health and environmental impacts, and energy 
requirements associated with any alternatives more stringent than the 
MACT floor in selecting MACT for each pollutant.
    For each of the three MWC unit subcategories (Classes A, B, and C), 
EPA is proposing emission limits for organics (dioxins/furans), metals 
(cadmium, lead, mercury, particulate matter, and opacity), and acid 
gases (sulfur dioxide and hydrogen chloride). In addition, a nitrogen 
oxides emission limit is proposed for Class A units.
    The emission limits proposed for Class A and Class C units are 
identical to those promulgated in the 1995 emission guidelines for 
large and small MWC plants, respectively, except that the nitrogen 
oxides emission limit for Class A units has changed to reflect the 
revised MACT floor. The emission limits proposed today for the Class B 
units are less stringent than those contained in the 1995 emission 
guidelines for large MWC plants.

[[Page 47238]]

2. Summary of the MACT Floor for Small MWC Units
    To calculate the MACT floors, the small MWC unit population had to 
first be subdivided. This was done by modifying the MWC unit population 
in the 1995 MWC inventory database to: (1) Incorporate the 45 Davis 
class MWC units into the small MWC unit category, and (2) assign those 
45 units to the Class A or Class B subcategories. The remaining small 
MWC units originally in the 1995 MWC inventory database are Class C 
units.
    After establishing the small MWC unit population in each of the 
three classes, the MACT floors were calculated using a similar method 
and the same emissions data that were used to calculate the MACT floors 
for the 1995 emission guidelines. In summary, the MACT floor for each 
pollutant in each of the three classes was determined by: (1) 
Identifying the most stringent emission limitations achieved by the 
small MWC units, and (2) calculating the average emission limitation of 
the best performing 12 percent of units in each class. In identifying 
the most stringent emission limitations achieved by small MWC units, 
EPA relied on permit limits. Where EPA did not have permit information 
for a sufficient number of units to account for 12 percent of the units 
in a particular class, EPA used an uncontrolled default emission value 
based on AP-42 emission factors and test data to account for the 
additional number of units necessary to represent 12 percent of the 
units in the class. The default values were also used for a small MWC 
unit if: (1) The unit was not in compliance with its permit; or (2) the 
unit had a permit limit value higher than typical uncontrolled 
emissions from small MWC units. The EPA believes the uncontrolled 
default emission values used are a reasonable surrogate for actual data 
for the following reasons. First, EPA made an exhaustive effort to 
obtain permit information for each small MWC unit. Some small MWC units 
did not have permits, while others had permits which did not contain 
emission limitations for one or more of the pollutants specified in 
section 129. The EPA believes that it is reasonable to assume that 
uncontrolled emission values reasonably reflect actual emissions for 
such units. Second, EPA believes that the uncontrolled emission default 
values used reasonably reflect uncontrolled emissions for small MWC 
units. The MACT floor development for this proposal is discussed in 
more detail in ``Determination of the Maximum Achievable Control 
Technology (MACT) Floor for Small Municipal Waste Combustion Units'' 
(Docket No. A-98-18), the September 1995 EPA report ``Municipal Waste 
Combustion: Background Information Document for Promulgated Standards 
and Guidelines--Public Comments and Responses'' (EPA-453/R-95-013b), 
and the 1994 proposal preamble (59 FR 48228).
3. Emission Limits for Class A Units
    Class A units in this proposal are nonrefractory Davis class units 
that were in the large MWC plant population in the 1995 emission 
guidelines. Table 1 presents the MACT floor emission levels for Class A 
units.

       Table 1.--MACT Floor Emission Levels for Class A MWC Units
------------------------------------------------------------------------
                        Pollutant a                          MACT floor
------------------------------------------------------------------------
Dioxins/furans (ng/dscm) b................................       1000
Cadmium (mg/dscm).........................................          0.45
Lead (mg/dscm)............................................          1.0
Mercury (mg/dscm).........................................          0.37
Particulate matter (mg/dscm)..............................         34
Sulfur dioxide (ppmv).....................................         50
Hydrogen chloride (ppmv)..................................         50
Nitrogen oxides (ppmv)....................................        171
------------------------------------------------------------------------
a All concentrations are corrected to 7 percent oxygen.
b Total mass of tetra- through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

    The EPA has concluded that a SD/FF/CI/SNCR air pollution control 
system is needed to achieve the MACT floor emission levels for sulfur 
dioxide, hydrogen chloride, mercury, nitrogen oxides, and particulate 
matter presented in table 1. This is the same air pollution control 
technology that served as the basis of these emission guidelines 
promulgated in 1995 for large MWC plants. This air pollution control 
technology would also provide substantial reductions of dioxins/furans, 
cadmium, and lead. Therefore, EPA is proposing the same emission limits 
for Class A units for all pollutants, except nitrogen oxides, as those 
promulgated for large MWC plants in the 1995 emission guidelines.
    The EPA is proposing a single emission limit for nitrogen oxides of 
171 ppmv. Unlike the emission limits promulgated in 1995 that had 
separate nitrogen oxides limits for each different combustion unit 
design type (e.g., mass burn waterwall, fluidized bed combustor, mass 
burn rotary waterwall), EPA is proposing one nitrogen oxides emission 
limit for all combustion unit design types within Class A. This 
proposed nitrogen oxides emission limit is the MACT floor emission 
level. The EPA has concluded that this limit could be achieved with the 
same control technology (SNCR) that served as the basis of the nitrogen 
oxides emission limits for large MWC plants in 1995 (Docket No. A-90-
45). This single nitrogen oxides emission limit also simplifies these 
emission guidelines. Table 2 presents the proposed emission limits for 
Class A units.

             Table 2.--Emission Limits for Class A MWC Units
------------------------------------------------------------------------
                Pollutant a                        Emission limit
------------------------------------------------------------------------
Dioxins/furans (ng/dscm) b................  30/60 c
Cadmium (mg/dscm).........................  0.04
Lead (mg/dscm)............................  0.49
Mercury (mg/dscm).........................  0.08
                                            (or 85-percent reduction)
Particulate matter (mg/dscm)..............  27
Sulfur dioxide (ppmv).....................  31
                                            (or 75-percent reduction)
Hydrogen chloride (ppmv)..................  31
                                            (or 95-percent reduction)
Nitrogen oxides (ppmv)....................  171
------------------------------------------------------------------------
a All concentrations are corrected to 7 percent oxygen.
b Total mass of tetra- through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.
c The emission limit is 60 ng/dscm for MWC units using an electrostatic
  precipitator-based air pollution control system and is 30 ng/dscm for
  MWC units using a non-electrostatic precipitator-based air pollution
  control system.

    The 1994 proposal preamble (59 FR 48228) provides thorough 
documentation of: (1) the capability of an SD/FF/CI/SNCR air pollution 
control system to meet the emission limits being proposed, and (2) the 
rationale for selection of these limits for Class A units.
4. Emission Limits for Class B Units
    Class B units in this proposal are the refractory-type MWC units in 
the Davis class that were in the large MWC plant population for the 
1995 emission guidelines. Table 3 presents the MACT floor emission 
levels for Class B units.

       Table 3.--MACT Floor Emission Levels for Class B MWC units
------------------------------------------------------------------------
                                                                  MACT
                          Pollutant a                             floor
------------------------------------------------------------------------
Dioxins/furans (ng/dscm) b....................................    123
Cadmium (mg/dscm).............................................      1.2
Lead (mg/dscm)................................................      1.8
Mercury (mg/dscm).............................................      0.29
Particulate matter (mg/dscm)..................................     34
Sulfur dioxide (ppmv).........................................     55
Hydrogen chloride (ppmv)......................................    200
------------------------------------------------------------------------
a All concentrations are corrected to 7 percent oxygen.

[[Page 47239]]

 
b Total mass of tetra- through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

    The EPA has concluded that a DSI/ESP/CI air pollution control 
system is needed to achieve the MACT floor emission levels for sulfur 
dioxide, hydrogen chloride, dioxins/furans, mercury, and particulate 
matter presented in table 3. Unlike the MACT floors for large MWC 
plants for the 1995 emission guidelines, which requires an air 
pollution control technology equivalent to a SD/ESP/CI or SD/FF/CI, it 
is not necessary to use this technology to meet these MACT floors for 
Class B units.
    The EPA considered the feasibility of going beyond the MACT floor 
level of technology and proposing the same emission limits for Class B 
units as those for Class A units (i.e., emission limits based on SD/
ESP/CI or SD/FF/CI technology). However, the refractory-type combustor 
design of Class B units is distinctly different from the nonrefractory-
type design of Class A units. The design and operational 
characteristics of refractory and nonrefractory-type units were 
evaluated (Docket No. A-98-18). This evaluation demonstrated that 
refractory-type MWC units (Class B) generate approximately 50 percent 
more flue gas (exhaust volume) per ton of waste burned than 
nonrefractory-type MWC units (Class A). Higher levels of excess air are 
used in refractory-type units by design to avoid overheating the 
refractory walls. Large flue gas exhaust volume from refractory-type 
units result in more flue gas to be cleaned. Therefore, EPA does not 
believe it is reasonable to propose emission limits for Class B units 
based on SD/FF/CI or SD/ESP/CI technology.
    For this reason, EPA proposes to set the emission limits for Class 
B units based on the MACT floor level control technology (DSI/ESP/CI). 
For dioxins/furans, particulate matter, sulfur dioxide, and hydrogen 
chloride, the proposed emission limits are the MACT floor emission 
levels. For cadmium, lead, and mercury, EPA is proposing emission 
limits that are more stringent than the MACT floor level but have been 
demonstrated to be achievable by DSI/ESP/CI technology. The emission 
limits for these three pollutants are the same as the limits in the 
1995 emission guidelines for small MWC plants where DSI/ESP/CI 
technology was the basis of the MACT limits. The proposed emission 
limits for Class B units are summarized in table 4.

             Table 4.--Emission Limits for Class B MWC Units
------------------------------------------------------------------------
                Pollutant a                        Emission limit
------------------------------------------------------------------------
Dioxins/furans (ng/dscm) b................  123
Cadmium (mg/dscm).........................  0.1
Lead (mg/dscm)............................  1.6
Mercury (mg/dscm).........................  0.08
                                            (or 85-percent reduction)
Particulate matter (mg/dscm)..............  34
Sulfur dioxide (ppmv).....................  55
                                            (or 50-percent reduction)
Hydrogen chloride (ppmv)..................  200
                                            (or 50-percent reduction)
------------------------------------------------------------------------
a All concentrations are corrected to 7 percent oxygen.
b Total mass of tetra through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

    Thorough documentation of the capability of a DSI/ESP/CI system to 
meet these proposed emission limits is available in the 1994 proposal 
(59 FR 48228) and the document ``Municipal Waste Combustors--Background 
Information for Proposed Standards: Post-Combustion Technology 
Performance'' (Docket No. A-89-08). As in the 1995 emission guidelines 
for large refractory-type MWC units, no nitrogen oxides emission limit 
is proposed for Class B units (see the 1994 proposal preamble, 59 FR 
48228).
5. Emission Limits for Class C Units
    Class C units in this proposal are those units that were in the 
small MWC plant population in the 1995 emission guidelines. Table 5 
presents the MACT floor emission levels for Class C units.

       Table 5.--Mact Floor Emission Levels for Class C MWC Units
------------------------------------------------------------------------
                        Pollutant a                          MACT floor
------------------------------------------------------------------------
Dioxins/furans (ng/dscm) b................................        837
Cadmium (mg/dscm).........................................          1.2
Lead (mg/dscm)............................................         23
Mercury (mg/dscm).........................................          0.65
Particulate matter (mg/dscm)..............................         91
Sulfur dioxide (ppmv).....................................         85
Hydrogen chloride (ppmv)..................................        291
------------------------------------------------------------------------
a All concentrations are corrected to 7 percent oxygen.
b Total mass of tetra through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

    The EPA has concluded that a DSI/ESP air pollution control system 
is needed to achieve the MACT floor emission levels for sulfur dioxide, 
hydrogen chloride, and particulate matter presented in table 5. This is 
the same air pollution control technology (DSI/ESP) used as the basis 
of the emission limits promulgated in 1995 for small MWC plants. This 
air pollution control technology would also provide substantial 
reductions in cadmium and lead. The MACT floor for mercury is at a 
level typical for units that are uncontrolled. As discussed in the 1994 
proposal preamble (59 FR 48249), for units that would need a DSI/ESP 
system to meet MACT floor requirements, activated carbon injection 
could be added to a DSI/ESP system at a minimal incremental cost. The 
addition of a CI air pollution control system would provide substantial 
reductions in dioxins/furans and mercury. The EPA considers that the 
cost to install CI is reasonable given the potential health effects 
associated with the bioaccumulation of mercury in the environment and 
the toxic nature of dioxins/furans. Therefore, EPA is proposing the 
same emission limits for Class C units as those promulgated for small 
MWC plants in the 1995 emission guidelines as MACT. These emission 
limits reflect MACT performance and are based on the performance of a 
DSI/ESP/CI air pollution control technology. Table 6 presents the 
proposed emission limits for Class C units.

             Table 6.--Emission Limits for Class C MWC Units
------------------------------------------------------------------------
                Pollutant a                        Emission limit
------------------------------------------------------------------------
Dioxins/furans (ng/dscm) b................  125
Cadmium (mg/dscm).........................  0.1
Lead (mg/dscm)............................  1.6
Mercury (mg/dscm).........................  0.08
                                            (or 85-percent reduction)
Particulate matter (mg/dscm)..............  70
Sulfur dioxide (ppmv).....................  80
                                            (or 50-percent reduction)
Hydrogen chloride (ppmv)..................  250
                                            (or 50-percent reduction)
------------------------------------------------------------------------
a All concentrations are corrected to 7 percent oxygen.
b Total mass of tetra through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

    These proposed emission limits are identical to those promulgated 
in the 1995 emission guidelines for small MWC units. Because of this, 
the 1994 proposal preamble (59 FR 48228) provides thorough 
documentation of: (1) The capability of a DSI/ESP/CI system to meet the 
emission limits being proposed, and (2) the rationale for selection of 
these limits for Class C units. As in the 1995 emission guidelines for 
small MWC units, no nitrogen oxides emission limit is proposed for 
Class C units.

[[Page 47240]]

E. Have Carbon Monoxide Emission Limits Been Revised for Fluidized Bed 
Combustion Units That Cofire Wood and Refuse-derived Fuel?

    The EPA has concluded that another MWC unit category should be 
established for carbon monoxide emission limits. Fluidized bed 
combustion units that burn a mixture of wood and RDF have exhibited 
higher variations in carbon monoxide than expected.
    The EPA conducted an analysis of carbon monoxide data from a 
fluidized bed combustion unit that burns a mixture of wood and RDF and 
has incorporated good combustion practice modifications (Docket No. A-
98-18). The EPA has determined that an additional carbon monoxide 
emission limit would be appropriate for cofired fluidized bed 
combustion units. Based on this analysis, EPA observed that a long-term 
average carbon monoxide emission level of less than 100 ppmv can be 
achieved and a carbon monoxide emission limit for this combustion unit 
type of 200 ppmv (24-hour average) would be appropriate. The carbon 
monoxide data used to establish this new carbon monoxide emission limit 
were compared with dioxin/furan emission tests conducted on this same 
MWC unit following the good combustion practice modifications. This 
comparison showed that fluidized bed combustion units burning wood and 
RDF and applying good combustion practices emit carbon monoxide up to 
200 ppmv, and substantial dioxin/furan emission reductions are achieved 
by good combustion practices at these carbon monoxide levels.

F. Have Any Changes Been Made to the Operator Certification 
Requirements?

    One change is proposed for the operator certification section of 
the good combustion practice requirements since the 1995 guidelines. In 
response to questions since the 1995 emission guidelines were 
promulgated, EPA has clarified what actions an MWC unit owner must take 
to continue operating an MWC unit during times when the certified chief 
facility operator and certified shift supervisor must be temporarily 
offsite for an extended period of time and there are no other certified 
chief facility operators or certified shift supervisors onsite. The EPA 
has addressed this issue by adding specific requirements for MWC units 
when the certified chief facility operator and certified shift 
supervisor must be offsite. Different requirements apply depending on 
the length of time the certified chief facility operator and certified 
shift supervisor must be offsite. These changes have been added to 
Sec. 60.1685 of these proposed emission guidelines.

G. Have Any Changes Been Made to the Operating Practice Requirements?

    One change is proposed for the operating practice requirements 
since the 1995 guidelines. The EPA has clarified how the required level 
of carbon feed rate is established and how the required monitoring 
parameter and quarterly carbon usage are used to determine compliance 
with the operating practice requirements. As discussed below, this 
results in two enforceable requirements for carbon feed rate.
    As in the 1995 emission guidelines, the MWC plant owner must select 
an operating parameter (e.g., screw feeder speed) that can be used to 
calculate carbon feed rate. During each dioxin/furan and mercury stack 
test, the total amount of carbon used during each stack test must be 
measured. The total amount of carbon used during the test is divided by 
the duration (hours) of the stack test to give an average carbon feed 
rate in kilograms (or pounds) per hour. The MWC plant owner must also 
monitor the selected operating parameter during each dioxin/furan and 
mercury stack test and record the average operating parameter level. 
After the dioxin/furan and mercury stack tests are complete, the MWC 
owner must establish a relationship between the selected operating 
parameter and the measured carbon feed rate so that the selected 
parameter can be used to calculate the carbon feed rate. The selected 
operating parameter must then be continuously monitored during MWC unit 
operation and used to calculate the carbon feed rate. The calculated 
carbon feed rate cannot fall below the carbon feed rate measured during 
the dioxin/furan or mercury stack test (depending on which test 
establishes the higher carbon feed rate).
    The 1995 emission guidelines did not clearly specify an averaging 
time for calculating the carbon feed rate. Because the baseline carbon 
feed rate is established as the average feed rate during the annual 
dioxin/furan or mercury stack test, EPA is clarifying that the 
averaging time used for monitoring this feed rate (using parametric 
data) should be of similar duration. Therefore, EPA is proposing an 8-
hour block averaging period for monitoring carbon feed rates. This 
would allow facilities to compensate for interruptions in carbon feed 
rates (due to calibration, malfunction, or repair) by offsetting the 
interruption with an increase in carbon feed rates within the 8-hour 
averaging period.
    The quarterly carbon usage requirements in the 1995 emission 
guidelines have also been revised and clarified. The EPA is proposing 
that MWC plant owners calculate required plantwide carbon usage on a 
quarterly basis and compare this required level of carbon usage to the 
actual amount of carbon purchased and delivered to the MWC plant. After 
an average carbon feed rate is established for an MWC unit based on the 
most recent dioxin/furan or mercury stack test, the required quarterly 
carbon usage level for the MWC unit is calculated by multiplying the 
kilogram (or pound) per hour rate by the number of operating hours for 
each quarter. Next, the required quarterly carbon usage for the plant 
is calculated by summing the carbon usage value for each small MWC unit 
located at the plant.
    The MWC plant owner must then compare the required quarterly carbon 
usage level, based on the carbon usage during the stack test and the 
hours of operation, with the amount of carbon purchased and delivered 
to the MWC plant. The MWC plant owner must demonstrate that they are 
using the required amount of carbon during each quarter. This 
comparison is done on a plant basis rather than a unit basis because 
MWC units typically use a common carbon storage system; therefore, 
purchase, delivery, and usage are best tracked on a plant basis. If a 
plant does not meet the quarterly carbon usage requirement, all units 
at the plant would be considered out of compliance.
    An MWC plant owner can choose to track quarterly carbon usage on an 
MWC unit basis if that is practical at the plant. The required 
quarterly carbon usage for each individual unit would then be compared 
to the carbon purchased and delivered to that unit. In this case, if an 
MWC unit does not meet the quarterly carbon usage requirement, only the 
one MWC unit, instead of the entire MWC plant, would be considered out 
of compliance.

H. Have any Changes Been Made to the Monitoring and Stack Testing 
Requirements?

    No changes are proposed to the monitoring and stack testing 
requirements contained in the 1995 guidelines. However, to clarify 
differences between stack testing and continuous emission monitoring 
system requirements, these two topics have been divided into separate 
sections within these proposed guidelines.
    The nitrogen oxides trading and averaging provisions that were 
included

[[Page 47241]]

in the 1995 emission guidelines are not included in this proposal. No 
large MWC units have used the trading and averaging provisions provided 
in the subpart Cb emission guidelines for large MWC units. Therefore, 
EPA does not anticipate that any small MWC units will use the nitrogen 
oxides trading and averaging provisions. Furthermore, the majority of 
small MWC units affected by this proposed subpart would not have 
nitrogen oxides emission limits and therefore, would not need trading 
and averaging provisions.

I. Have any Changes Been Made to the Recordkeeping and Reporting 
Requirements?

    No changes are proposed to the recordkeeping and reporting 
requirements since the 1995 emission guidelines. However, consistent 
with the proposed changes in subpart B contained in this proposal, a 
reduction in the number of increments of progress reporting 
requirements for Class C small MWC units would occur.
    This change affects the number of increments of progress required 
for State plans under subpart B of this part. Subpart B generally 
requires specific milestone dates and notification for five increments 
of progress when compliance will take longer than 12 months. For Class 
C units, EPA is proposing a requirement of only two increments of 
progress: submittal of a control plan and final compliance. For Class C 
units, the other three increments of progress are not appropriate or 
necessary to ensure progress toward compliance. Reducing the number of 
increments required for Class C units reduces the reporting and 
recordkeeping burden on smaller facilities. Section VI of this 
preamble, ``Amendments to Subpart B,'' addresses the subpart B 
revision.
    Furthermore, EPA is proposing one minor change to clarify 
recordkeeping and reporting of: (1) 8-hour average calculated carbon 
feed rate, and (2) quarterly amounts of carbon purchased and delivered. 
These changes make the recordkeeping and reporting sections consistent 
with the operating practice requirements described above in section 
III.G.

IV. What Would Be the Impacts of These Proposed Emission 
Guidelines?

    This section describes the impacts (i.e., air, water, solid waste, 
energy, cost, and economic impacts) of these proposed emission 
guidelines for small MWC units. The impact analysis conducted to 
evaluate the 1995 emission guidelines is available at 59 FR 48228. The 
discussion in this section focuses only on the air, cost, and economic 
impacts of these proposed emission guidelines.
    In the preamble for the 1995 emission guidelines, EPA determined 
that the water, solid waste, and energy impacts associated with these 
proposed emission guidelines were not significant. Today's proposal 
affects only a subset of the MWC units that were addressed in the 
earlier impact analysis. Again, EPA has concluded that the water, solid 
waste, and energy impacts associated with today's proposal would not be 
significant.
    For further information on the impacts of these proposed emission 
guidelines, refer to the document entitled ``Economic Impact Analysis: 
Small Municipal Waste Combustor--Section 111/129 Emission Guidelines 
and New Source Performance Standards'' (Docket No. A-98-18).

A. Air Impacts

    The national air emission reductions that would result from full 
implementation of these emission guidelines compared to current 
estimated national emission levels have been calculated. Table 7 
summarizes these air emission reductions and the percentage change in 
emissions relative to current baseline levels associated with the full 
implementation of these proposed emission guidelines for small MWC 
units.

 Table 7. National air Emission Impacts of These Emission Guidelines for
                             Small MWC Units
------------------------------------------------------------------------
                                                               Percent
                                                             change from
                                                                 1998
             Pollutant               Air emission reduction    baseline
                                                               emission
                                                               level a
------------------------------------------------------------------------
Dioxins/furans b...................  2.7 kg/year...........           97
Cadmium............................  309 kg/year...........           84
Lead...............................  12.7 Mg/year..........           91
Mercury............................  4.1 Mg/year...........           95
Particulate matter.................  351 Mg/year...........           73
Sulfur dioxide.....................  1,196 Mg/year.........           49
Hydrogen chloride..................  2,390 Mg/year.........           85
Nitrogen oxides....................  384 Mg/year...........            9
------------------------------------------------------------------------
a Percent national emission reduction relative to national baseline
  emissions that would occur in the absence of these emission
  guidelines.
b Total mass of tetra- through octachlorinated dibenzo-p-dioxins and
  dibenzofurans.

B. Cost and Economic Impacts

    The EPA estimates that 90 small MWC units located at 41 plants 
would be affected by these proposed emission guidelines. The total MSW 
combustion capacity of these 90 units is 8,551 tons per day. Of these 
90 units, 69 percent are owned by city or county governments, 29 
percent are owned by private businesses, and 2 percent are owned by 
nonprofit organizations.
    To estimate the cost impacts of the proposed guidelines, EPA has 
taken into account all of the existing control equipment currently in 
operation at small MWC units. The cost estimates presented here, which 
are in 1997 dollars, are incremental costs over the control equipment 
already in use. The method used to estimate the cost and economic 
impacts of today's proposal is similar to the method used in the 1995 
emission guidelines. For more details on the cost and economic 
analysis, refer to the impact analysis in the document entitled 
``Economic Impact Analysis: Small Municipal Waste Combustor--Section 
111/129 Emission Guidelines and New Source Performance Standards'' 
(Docket No. A-98-18).
    The total annual cost (including annualized capital and operating 
costs) of these proposed emission guidelines would be approximately $50 
million, which is equivalent to $18.75 per ton of MSW combusted. The 
total nationwide cost is approximately one-tenth of the nationwide cost 
that was estimated for both large and small MWC units for the 1995 
emission guidelines. This is because most of the impacts of the 1995 
emission guidelines were associated with large MWC units and because 
there has been a decrease in the small MWC population.

V. Companion Proposal for New Small MWC Units

    A companion proposal to these proposed emission guidelines is being 
published in today's Federal Register to establish NSPS for new small 
MWC units. Following promulgation, the NSPS for new small MWC units 
will be contained in 40 CFR part 60, subpart AAAA.

VI. Amendments to Subpart B

    Also included in today's Federal Register is a proposal to amend 
subpart B of this part, ``Adoption and Submittal of State Plans for 
Designated Facilities.'' Subpart B establishes procedures that are used 
in developing State plans and Federal plans to implement section 111(d) 
emission guidelines for existing facilities. Subpart B would be used to 
develop State plans implementing the subpart BBBB emission guidelines 
proposed today for small MWC units. The EPA is proposing two amendments 
to subpart B.

[[Page 47242]]

    The first amendment addresses compliance schedules for designated 
facilities. The amendment affects the increments of progress 
requirements specified in Sec. 60.24(e)(1) of subpart B of 40 CFR part 
60. The EPA is adding the following language to the increments of 
progress requirements: ``unless otherwise specified in the applicable 
subpart.'' The purpose of this amendment is to allow EPA subpart-
specific discretion in the number of increments of progress that a 
designated facility must meet. The intent of the increments of progress 
is to ensure designated facilities make continued progress toward 
meeting the compliance schedules established in these emission 
guidelines for the source category. Emission guidelines that have been 
implemented through subpart B include those for sulfuric acid plants, 
large MWC units, medical waste incinerators, and municipal solid waste 
landfills.
    Currently, subpart B requires designated facilities to meet five 
increments of progress during their air pollution control device 
retrofit. The following five increments, with dates, must be addressed 
for the following activities: (1) submitting control plans, (2) 
awarding contracts, (3) initiating onsite construction, (4) completing 
onsite construction, and (5) final compliance.
    For some categories of designated facilities, such as large MWC 
units, the five increments are appropriate. Large MWC units must 
develop site-specific control plans. Retrofit of controls is normally 
associated with large onsite field-erected construction projects. 
Although the current subpart B increments are appropriate for large MWC 
units, they are inappropriate for smaller MWC units. Most small Class C 
MWC units will achieve compliance by installing preconstructed modular 
control systems. When a control system for a small MWC unit is ordered 
from a vendor and then delivered, installation is relatively quick 
without extensive onsite construction. This is different from a complex 
retrofit where detailed site-specific planning, multiple contracts, and 
months of onsite construction are required to complete the retrofit. 
Therefore, EPA believes that establishing and reporting five increments 
of progress is overly burdensome for small Class C MWC units and is not 
necessary to ensure compliance. Other source categories covered by 
future emission guidelines may experience similar situations where some 
of the five increments of progress are also not appropriate. Therefore, 
EPA is proposing to allow subpart-specific flexibility in establishing 
increments of progress for a particular subpart.
    The proposed second amendment to subpart B addresses the public 
hearing requirements specified in Sec. 60.27(f) of subpart B of 40 CFR 
part 60. The EPA is proposing additional text to clarify that EPA will 
hold a public hearing for Federal plan development just as a State 
holds a public hearing for State plan development.
    The purpose of this revision is to clarify how the public hearing 
requirements apply if EPA is developing a Federal plan for designated 
facilities in States that did not develop approvable State plans. If 
State regulatory authorities are developing a plan that affects 
designated facilities in their States, Sec. 60.23(c)(1) of subpart B of 
40 CFR part 60 requires at least one public hearing per State (a State 
has the discretion to hold more than one hearing). The proposed 
revisions would clarify that EPA must conduct at least one public 
hearing for the Federal plan (EPA will also have the discretion to hold 
more than one public hearing).

VII. Administrative Requirements

A. Public Hearing

    In accordance with section 307(d)(5) of the Clean Air Act, EPA will 
hold a public hearing if individuals request to speak. If a public 
hearing is held, EPA may ask clarifying questions during the oral 
presentation but will not respond to the presentations or comments. To 
provide an opportunity for all who may wish to speak, oral 
presentations will be limited to 15 minutes each. Any member of the 
public may submit written comments (see the DATES and ADDRESSES 
sections). The EPA will consider written comments and supporting 
information with equivalent weight as any oral statement and supporting 
information presented at a public hearing.

B. Docket

    The docket is an organized and complete file of the administrative 
record compiled by EPA in the development of this proposal. Material is 
added to the docket throughout the rule development process. The 
principal purposes of the docket are: (1) to allow members of the 
public to identify and locate documents so that they can effectively 
participate in the rulemaking process, and (2) to serve as the record 
in case of judicial review except for interagency review material. The 
docket numbers for these emission guidelines are Docket No. A-98-18 and 
associated Docket Nos. A-90-45 and A-89-08, which have been 
incorporated by reference into Docket No. A-98-18.

C. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA) of 1995 (Pub. L. 104-113), all Federal agencies 
are required to use voluntary consensus standards in their regulatory 
and procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA requires Federal agencies to 
provide Congress, through annual reports to the OMB, with explanations 
when an agency does not use available and applicable voluntary 
consensus standards.
    Consistent with the NTTAA, the EPA conducted searches to identify 
voluntary consensus standards for use in process and emissions 
monitoring. The search for emissions monitoring procedures identified 
20 voluntary consensus standards that appeared to have possible use in 
lieu of EPA standard reference methods. However, after reviewing 
available standards, EPA determined that 12 of the candidate consensus 
standards identified for measuring emissions of pollutants or 
surrogates subject to emission standards in the rule would not be 
practical due to lack of equivalency, documentation, validation data, 
and other important technical and policy considerations. Eight of the 
remaining candidate consensus standards are new standards under 
development that EPA plans to follow, review and consider adopting at a 
later date.
    One consensus standard, ASTM D6216-98, appears to be practical for 
EPA use in lieu of EPA Performance Specification 1 (40 CFR part 60, 
appendix B). On September 23, 1998, EPA proposed incorporating by 
reference ASTM D6216-98 under a separate rulemaking (63 FR 50824) that 
would allow broader use and application of this consensus standard. The 
EPA plans to complete this action in the near future. For these 
reasons, EPA does not propose in these emission guidelines to adopt 
D6216-98 in lieu of PS-1 requirements as it would be impractical for 
EPA to act independently from separate rulemaking activities already 
undergoing notice and comment.
    The EPA solicits comment on proposed emission monitoring

[[Page 47243]]

requirements proposed in these emission guidelines and specifically 
invites the public to identify potentially-applicable voluntary 
consensus standards. Commenters should also explain why this regulation 
should incorporate these voluntary consensus standards, in lieu of 
EPA's standards. Emission test methods and performance specifications 
submitted for evaluation should be accompanied with a basis for the 
recommendation, including method validation data and the procedure used 
to validate the candidate method (if method other than Method 301, 40 
CFR part 63, appendix A was used).
    The EPA also conducted searches to identify voluntary consensus 
standards for process monitoring and process operation. Candidate 
voluntary consensus standards for process monitoring and process 
operation were identified for: (1) MWC unit load level (steam output), 
(2) designing, constructing, installing, calibrating, and using nozzles 
and orifices, and (3) MWC plant operator certification requirements.
    One consensus standard by the ASME was identified for use in these 
proposed emission guidelines for measurement of MWC unit load level 
(steam output). The EPA believes this standard is practical to use in 
these proposed emission guidelines as the method to measure MWC unit 
load. The EPA takes comment on the incorporation by reference of ``ASME 
Power Test Codes: Test Code for Steam Generating Units, Power Test Code 
4.1--1964 (R1991)'' in the proposed guidelines.
    A second consensus standard by ASME was identified for use in these 
proposed emission guidelines for designing, constructing, installing, 
calibrating, and using nozzles and orifices. The EPA believes this 
standard is practical to use in these proposed emission guidelines for 
the design, construction, installation, calibration, and use of nozzles 
and orifices. The EPA takes comment on the incorporation by reference 
of ``American Society of Mechanical Engineers Interim Supplement 19.5 
on Instruments and Apparatus: Application, Part II of Fluid Meters'', 
6th edition (1971).
    A third consensus standard by ASME (QRO-1-1994) was identified for 
use in these proposed emission guidelines for MWC plant operator 
certification requirements instead of developing new operator 
certification procedures. The EPA believes this standard is practical 
to use in these proposed emission guidelines that require a chief 
facility operator and shift supervisor to successfully complete the 
operator certification procedures developed by ASME.
    Tables 6, 7, and 8 of these proposed emission guidelines list the 
EPA testing methods and performance standards included in the proposed 
regulations. Most of these standards have been used by States and 
industry for more than 10 years. Nevertheless, under Sec. 60.8 of 40 
CFR part 60, subpart A, the proposal also allows any State or source to 
apply to EPA for permission to use an alternative methods in place of 
any of the EPA testing methods or performance standards listed in 
Tables 6, 7, and 8.

D. Paperwork Reduction Act

    The EPA submitted the information collection requirements (ICR) in 
these proposed emission guidelines to OMB for approval under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The EPA prepared an ICR 
document (ICR No. 1900.01.01) and a copy may be obtained from Sandy 
Farmer by mail at the OP, Regulatory Information Division, U.S. 
Environmental Protection Agency (2137), 401 M Street SW, Washington, DC 
20460, by e-mail at ``[email protected]'' or by calling 
(202) 260-2740. A copy may also be downloaded off the Internet at 
``http://www.epa.gov/icr''.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OP Regulatory Information Division, U.S. Environmental 
Protection Agency (2137), 401 M Street, SW, Washington, DC 20460, and 
to the Office of Information and Regulatory Affairs, OMB, 725 17th 
Street, NW, Washington, DC 20503, marked ``Attention: Desk Officer for 
EPA (ICR Tracking No. 1900.01).'' Include the ICR number in any 
correspondence. Since OMB is required to make a decision concerning the 
ICR between 30 and 60 days after August 30, 1999, a comment to OMB is 
best assured of having its full effect if OMB receives it by September 
29, 1999. The final rule will respond to any OMB or public comments on 
the information collection requirements contained in this proposal.
    The information would be used by the Agency to ensure that the 
small MWC unit requirements are implemented properly and are complied 
with on a continuous basis. Records and reports are necessary to enable 
EPA to identify small MWC units that may not be in compliance with 
these emission guidelines. Based on reported information, EPA would 
decide which small MWC units should be inspected and what records or 
processes should be inspected. The records that owners and operators of 
small MWC units maintain would indicate to EPA whether personnel are 
operating and maintaining control equipment properly.
    These proposed emission guidelines are projected to affect 
approximately 90 small MWC units located at 41 plants. The estimated 
average annual burden for industry for the first 3 years after 
promulgation of these emission guidelines would be 1,297 person-hours 
annually. There will be no capital costs for monitoring or 
recordkeeping during the first 3 years. The estimated average annual 
burden, over the first 3 years, for the implementing agency would be 
773 hours with a cost of $30,869 (including travel expenses) per year.
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information. An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations are listed in 40 CFR part 
9 and 48 CFR chapter 15.

E. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act

    Section 605 of the RFA (5 U.S.C. 601 et seq.) requires Federal 
agencies to give special consideration to the impacts of regulations on 
small entities, which are small businesses, small organizations, and 
small governments. In 1996, the SBREFA amended the RFA to strengthen 
the RFA's analytical and procedural requirements and to establish a new 
mechanism for expedited congressional review. The major purpose of 
these Acts is to keep paperwork and regulatory requirements from 
getting out of proportion to the scale of the entities being regulated 
without compromising the objectives of

[[Page 47244]]

the Clean Air Act. If a regulation is likely to have a significant 
economic impact on a substantial number of small entities, the EPA may 
give special consideration to those small entities when analyzing 
regulatory alternatives and drafting the regulation. Under these Acts, 
EPA must generally prepare a regulatory flexibility analysis for a rule 
subject to notice and comment rulemaking procedures unless the EPA 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small government 
jurisdictions.
    Pursuant to the provisions of 5 U.S.C. 605(b), the EPA certifies 
that today's proposed emission guidelines will not have a significant 
economic impact on a substantial number of small entities. The EPA 
conducted a regulatory flexibility analysis that shows eight existing 
small MWC units (operated by one small business and seven small 
governments) that would be subject to these emission guidelines are 
considered ``small entities'' according to the Small Business 
Administration's definitions for the affected industries. Also in the 
initial analysis, EPA calculated compliance costs as a percentage of 
sales for business and a percentage of income (total household income) 
for the relevant population of owning governments for the MWC units 
that are considered small entities. The estimated annual compliance 
cost as a percentage of income is 0.03 percent for the seven small 
potentially affected government entities and 39 percent for the one 
small business. For the seven potentially affected government entities, 
the maximum compliance cost was 0.25 percent. None of the governmental 
impacts are considered significant. The impact on the one small 
business is considered significant but one small business is not a 
substantial number of entities.
    Based on the results of the initial analysis, EPA concluded that 
these emission guidelines do not have a significant economic impact on 
a substantial number of small entities. Therefore, it is not necessary 
to prepare a final regulatory flexibility analysis.

F. Unfunded Mandates Reform Act

    Title II of the 1995 UMRA, Pub. L. 104-4, establishes requirements 
for Federal agencies to assess the effects of their regulatory actions 
on State, local, and tribal governments and the private sector. Under 
section 202 of the UMRA, EPA generally must prepare a written 
statement, including a cost-benefit analysis, for proposed and final 
rules with ``Federal mandates'' that may result in expenditures by 
State, local, and tribal governments, in the aggregate, or to the 
private sector, of $100 million or more in any 1 year. Before 
promulgating an EPA rule for which a written statement is needed, 
section 205 of the UMRA generally requires EPA to identify and consider 
a reasonable number of regulatory alternatives and adopt the least-
costly, most cost-effective, or least-burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 
allow EPA to adopt an alternative other than the least-costly, most 
cost-effective, or least-burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that these proposed emission guidelines do 
not contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. The economic impact 
analysis (Docket No. A-98-18) shows that the total annual costs of 
these proposed emission guidelines is about $50 million per year (in 
1997 dollars), starting on the fifth year after the rule is 
promulgated. Thus, today's proposed emission guidelines are not subject 
to the requirements of sections 202 and 205 of the UMRA. Although these 
emission guidelines are not subject to UMRA, EPA did prepare a cost-
benefit analysis under section 202 of the UMRA for the 1995 emission 
guidelines. For a discussion of how EPA complied with the UMRA for the 
1995 emission guidelines, including its extensive consultations with 
State and local governments, see the preamble to the 1995 emission 
guidelines (60 FR 65405-65412, December 19, 1995). Because today's 
proposed emission guidelines are functionally equivalent to the 1995 
emission guidelines, no additional consultations were necessary.

G. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant,'' and 
therefore, subject to OMB review and the requirements of this Executive 
Order. The Executive Order defines ``significant'' regulatory action as 
one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The EPA considers these emission guidelines proposed today to be 
``not significant'' because these guidelines will not have an annual 
effect on the economy of $100 million or more and do not impose any 
additional control requirements above the 1995 emission guidelines. The 
EPA considered the 1995 emission guidelines to be ``significant'' 
because the 1995 guidelines were expected to have an annual effect on 
the economy in excess of $100 million. The EPA submitted the 1995 
emission guidelines to OMB for review (60 FR 65405, December 19, 1995). 
However, these emission guidelines proposed today are projected to have 
an impact of approximately $50 million annually (Docket No. A-98-18). 
Therefore, these proposed emission guidelines are considered to be 
``not significant'' under Executive Order 12866 and will not be 
submitted to OMB for review.

H. Executive Order 12875--Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local, 
or tribal government unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to

[[Page 47245]]

OMB a description of the extent of EPA's prior consultation with 
representatives of affected State, local, and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    The EPA has concluded that these emission guidelines may create a 
mandate on a number of city and county governments, and the Federal 
government would not provide the funds necessary to pay the direct 
costs incurred by these city and county governments in complying with 
the mandate. However, today's proposed emission guidelines do not 
impose any additional costs or result in any additional control 
requirements above those considered during promulgation of the 1995 
emission guidelines. In developing the 1995 emission guidelines, EPA 
consulted extensively with State and local governments to enable them 
to provide meaningful and timely input in the development of those 
emission guidelines. Because these proposed emission guidelines are the 
same as those developed in 1995, these previous consultations still 
apply. For a discussion of EPA's consultations with State and local 
governments, the nature of the governments' concerns, and EPA's 
position supporting the need to issue these emission guidelines, see 
the preamble to the 1995 emission guidelines (60 FR 65405-65413, 
December 19, 1995).

I. Executive Order 12898--Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 directs Federal agencies to ``determine 
whether their programs, policies, and activities have 
disproportionately high adverse human health or environmental effects 
on minority populations and low-income populations'' (sections 3-301 
and 3-302). In developing these emission guidelines for small MWC 
units, EPA analyzed environmental justice issues that could be relevant 
to this proposal.
    An impact analysis was conducted to determine the distribution of 
minority and low-income groups in the surrounding area where MWC units 
are located in the United States. The EPA reviewed the demographic 
characteristics presented in this impact analysis (Docket No. A-90-45) 
and other analyses. The EPA concluded that there is no significant 
difference in ethnic makeup or income level in counties where MWC units 
are located when compared to the average ethnic and income levels of 
the respective States in which the units are located.
    In addition, this proposal would reduce air emissions from small 
MWC units, thereby improving air quality, health, and the environment 
in areas where MWC units are located.
    Therefore, EPA has concluded that this proposal would not have a 
disproportionately high adverse human health or environmental effect on 
minority populations or low-income populations.

J. Executive Order 13045--Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation.
    These emission guidelines are not subject to Executive Order 13045 
because they are not economically significant as defined in Executive 
Order 12866 and because they are based on technology performance and 
not on health and safety risks. No children's risk analysis was 
performed because no alternative technologies exist that would provide 
greater stringency at a reasonable cost. Therefore, the results of any 
such analysis would have no impact on the stringency decision.

K. Executive Order 13084--Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's emission guidelines do not significantly or uniquely affect 
the communities of Indian tribal governments. The EPA is not aware of 
any small MWC units located in Indian territory. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
these emission guidelines.

L. Executive Memorandum on Plain Language in Government Writing

    On June 1, 1998, President Clinton issued an Executive Memorandum 
entitled ``Plain Language in Government Writing,'' which instructs 
Federal agencies to use plain language in all proposed and final 
rulemakings by January 1, 1999. Therefore, these proposed emission 
guidelines are organized and written in a plain language format and 
style. The plain language format and style do not alter the content or 
intent of this proposal compared to the 1995 emission guidelines. The 
EPA considers this plain language format and style to be more user 
friendly and understandable to all audiences when compared with 
previous proposals that were not written in plain language.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Municipal waste 
combustion.

    Dated: August 6, 1999.
Carol M. Browner,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
60 of

[[Page 47246]]

the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7429, 7601, 
and 7602.

    2. Section 60.24 of subpart B of part 60 is amended by revising 
paragraph (e)(1) to read as follows:

Subpart B--Adoption and Submittal of State Plans for Designated 
Facilities


Sec. 60.24  Emission standards and compliance schedules.

* * * * *
    (e)(1) Any compliance schedule extending more than 12 months from 
the date required for submittal of the plan must include legally 
enforceable increments of progress to achieve compliance for each 
designated facility or category of facilities. Unless otherwise 
specified in the applicable subpart, increments of progress must 
include, where practicable, each increment of progress specified in 
Sec. 60.21(h) and must include such additional increments of progress 
as may be necessary to permit close and effective supervision of 
progress toward final compliance.
* * * * *
    3. Section 60.27 of subpart B of part 60 is amended by revising 
paragraph (f) to read as follows:


Sec. 60.27  Actions by the Administrator.

* * * * *
    (f) Prior to promulgation of a plan under paragraph (d) of this 
section, the Administrator will provide the opportunity for at least 
one public hearing in either:
    (1) Each State that failed to hold a public hearing as required by 
Sec. 60.23(c); or
    (2) Washington, DC or an alternate location specified in the 
Federal Register.
* * * * *
    4. Part 60 is amended by adding a new subpart BBBB to read as 
follows:

Subpart BBBB--Emission Guidelines: Small Municipal Waste Combustion 
Units

Sec.

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 
apply instead of 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 purpose of the ``Model Rule'' in this subpart?
60.1575  How does the model rule relate to the required elements of 
my State plan?
60.1580  What are the principal components of the model rule?

Model Rule--Increments of Progress

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

Model Rule--Good Combustion Practices: Operator Training

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

Model Rule--Good Combustion Practices: Operator Certification

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

Model Rule--Good Combustion Practices: Operating Requirements

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

Model Rule--Emission Limits

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

Model Rule--Continuous Emission Monitoring

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

[[Page 47247]]

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 my continuous emission monitoring system 
is temporarily unavailable to meet the data collection requirements?

Model Rule--Stack Testing

60.1775  What types of stack tests must I conduct?
60.1780  How are the stack test data used?
60.1785  What schedule must I follow for the stack testing?
60.1790  What test methods must I use to stack test?
60.1795  May I conduct stack testing less often?
60.1800  May I deviate from the 12-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 this 
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 these 
standards?
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?

Tables

Table 1 of Subpart BBBB--Model Rule--Compliance Schedules and 
Increments of Progress
Table 2 of Subpart BBBB--Model Rule--Class A Emission Limits For 
Existing Municipal Waste Combustion Units
Table 3 of Subpart BBBB--Model Rule--Class B Emission Limits For 
Existing Municipal Waste Combustion Units
Table 4 of Subpart BBBB--Model Rule--Class C Emission Limits For 
Existing Municipal Waste Combustion Units
Table 5 of Subpart BBBB--Model Rule--Carbon Monoxide Emission Limits 
For Existing Municipal Waste Combustion Units
Table 6 of Subpart BBBB--Model Rule--Requirements for Validating 
Continuous Emission Monitoring Systems (CEMS)
Table 7 of Subpart BBBB--Model Rule--Requirements for Continuous 
Emission Monitoring Systems (CEMS)
Table 8 of Subpart BBBB--Model Rule--Requirements for Stack Tests

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 these emission 
guidelines are listed in tables 2, 3, 4, and 5 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. 60.1505  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 before 
August 30, 1999, you must submit a State plan to EPA that implements 
these emission guidelines contained in this subpart.
    (b) You must submit the State plan to EPA within 1 year after the 
promulgation of this subpart.


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 combustion units that are at least as protective as 
these emission guidelines contained in this subpart.
    (5) Stack testing, continuous emission monitoring, 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 these emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the 
section 111(d) and section 129 State plan.
    (b) Your State plan can deviate from the format and content of 
these emission guidelines contained in this subpart. However, if your 
State plan does deviate, you must demonstrate that your State plan is 
as protective as these 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 of 
subpart B of this part.

[[Page 47248]]

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 of subpart B of this part, to implement these emission 
guidelines contained in this subpart. Owners and operators of municipal 
waste combustion units not covered by an approved and currently 
effective State plan must comply with the Federal plan. The Federal 
plan is an interim action and, by its own terms, will cease to apply 
when your State plan is approved and becomes effective.


Sec. 60.1530  Is there an approval process for a negative declaration 
letter?

    No. The EPA has no formal review process for negative declaration 
letters. Once your negative declaration letter has been received, EPA 
will place a copy in the public docket and publish a notice in the 
Federal Register. If, at a later date, an existing small municipal 
waste combustion unit is identified in your State, the Federal plan 
implementing these 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 as 
expeditiously as practicable but not later than the earlier of two 
dates:
    (1) Five years after [the date of publication of the final rule].
    (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 A and Class B units (see definition in Sec. 60.1940), 
dioxin/furan 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 A and Class B units that commenced construction after 
June 26, 1987 must comply with the dioxin/furan 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 apply instead of the requirements specified in subpart B?

    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 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 these emission guidelines contained in 
this subpart. State plans must require all municipal waste combustion 
units to comply within 5 years after [publication date of final rule]. 
This requirement applies, instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in 
Sec. 60.24(f) of subpart B of this part.
    (b) Increments of progress requirements. For Class C 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. These two minimum increments are the final control plan 
submittal date and final compliance date in Sec. 60.21(h)(1) and (5) of 
subpart B of this part. This requirement applies, instead of the 
requirement of Sec. 60.24(e)(1) of subpart B of this part that would 
require a State plan to include all five increments of progress for all 
municipal waste combustion units. For Class A and Class B units under 
this subpart, the final control plan must contain the five increments 
of progress in Sec. 60.24(e)(1) of subpart B of this part.


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 these emission guidelines contained in 
this subpart. Some States may incorporate these 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 5 years after [the date 
of publication of the final rule], whether the municipal waste 
combustion unit is regulated under a State or Federal plan.

Applicability of State Plans


Sec. 60.1550  What municipal waste combustion units must I address in 
my State plan?

    (a) Your State plan must address all existing small municipal waste 
combustion units in your State that meet two criteria:
    (1) The municipal waste combustion unit has the capacity to combust 
at least 35 tons per day of municipal solid waste but no more than 250 
tons per day of municipal solid waste or refuse-derived fuel.
    (2) The municipal waste combustion unit commenced construction 
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 the date 6 months after [the date of publication 
of the final rule] 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 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. These 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 municipal solid waste combustion to less 
than 11 tons per day.
    (2) You are notified by the owner or operator that the unit 
qualifies for this 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. These 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)).

[[Page 47249]]

    (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 this exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for this exemption.
    (c) Cogeneration units. These 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 this exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for this exemption.
    (d) Municipal waste combustion units that combust only tires. These 
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 cofire 
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
    (2) You are notified by the owner or operator that the unit 
qualifies for this exemption.
    (3) You receive documentation from the owner or operator that the 
unit qualifies for this exemption.
    (e) Hazardous waste combustion units. These units are exempt from 
your State plan if the unit has received a permit under section 3005 of 
the Solid Waste Disposal Act.
    (f) Materials recovery units. These units are exempt from your 
State plan if the unit combusts waste mainly to recover metals. Primary 
and secondary smelters may qualify for this exemption.
    (g) Cofired units. These units are exempt from your State plan if 
four requirements are met:
    (1) The unit has a federally enforceable permit limiting municipal 
solid waste combustion to 30 percent of the total fuel input by weight.
    (2) You are notified by the owner or operator that the unit 
qualifies for this 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. These 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. These 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 
these units must meet only the requirements under ``Model Rule--Air 
Curtain Incinerators That Burn 100 Percent Yard Waste'' (Secs. 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 these 
same three subcategories in your State plan. These three subcategories 
are based on aggregate capacity of the municipal waste combustion plant 
and the type of municipal waste combustor unit as follows:
    (a) Class A units. These are nonrefractory-type small municipal 
waste combustion units that are located at municipal waste combustion 
plants with aggregate plant combustion capacity greater than 250 tons 
per day of municipal solid waste. (See the definition of municipal 
waste combustion plant capacity in Sec. 60.1940 for specification of 
which units at a plant are included in the aggregate capacity 
calculation.)
    (b) Class B units. These are refractory-type small municipal waste 
combustion units that are located at municipal waste combustion plants 
with 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.)
    (c) Class C units. These are all small municipal combustion units 
that are located at municipal waste combustion plants with aggregate 
plant combustion capacity no more 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.)

Use of Model Rule


Sec. 60.1570  What is the purpose of the ``Model Rule'' in this 
subpart?

    (a) The model rule provides these emission guidelines requirements 
in a standard regulation format. You must develop a State plan that is 
as protective as the model rule. You may use the

[[Page 47250]]

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 as protective as the model rule contained in this subpart.
    (b) In the model rule of Secs. 60.1585 through 60.1905, ``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). Alternatives may be used, but 
only if you can demonstrate that they are 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 A and Class B 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 C 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 A, B, and C 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 (Secs. 60.1610 through 60.1630).
    (c) The notification must be signed by the owner or operator of the 
municipal waste combustion unit.


Sec. 60.1600  When must I submit the notifications of achievement of 
increments of progress?

    Notifications of the achievement of increments of progress must be 
postmarked no later than 10 days after the compliance date for the 
increment.


Sec. 60.1605  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the specified date in table 1 of this subpart for achieving that 
increment of progress. This 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 this increment of progress has 
been achieved.


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.
    (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

[[Page 47251]]

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) These 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 standards 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 
within the standards 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 of subpart A of this part)) 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 A and Class B units, 12 months after the effective 
date of State plan approval. For Class C 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 of subpart A of this part)).
    (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 A and Class B units, 12 months after the effective 
date of State plan approval. For Class C 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:

[[Page 47252]]

    (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 must leave your municipal waste combustion unit, 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 is away, you must meet one of 
three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for less than 8 hours 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 8 hours, but less 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 record the periods 
when the certified chief facility operator and certified shift 
supervisor are offsite and include this 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 dioxin/furan 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 dioxin/furan or mercury test.
    (d) If your municipal waste combustion unit uses activated carbon 
to control dioxin/furan 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 the appropriate equation in Sec. 60.1935.
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator or delegated State authority permits 
you to do any of five activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.


Sec. 60.1695  What happens to the operating requirements during periods 
of startup, shutdown, and malfunction?

    (a) The operating requirements of this subpart apply at all times 
except during periods of municipal waste combustion unit startup, 
shutdown, or malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.

Model Rule--Emission Limits


Sec. 60.1700  What pollutants are regulated by this subpart?

    Eleven pollutants, in four groupings, are regulated:

(a) Organics. Dioxins/furans.
(b) Metals.
    (1) Cadmium.
    (2) Lead.
    (3) Mercury.
    (4) Opacity.
    (5) Particulate matter.
(c) Acid gases.
    (1) Hydrogen chloride.
    (2) Nitrogen oxides.
    (3) Sulfur dioxide.
(d) Other.
    (1) Carbon monoxide.
    (2) Fugitive ash.


Sec. 60.1705  What emission limits must I meet? By when?

    (a) After the date the initial stack test and continuous emission 
monitoring system evaluation are required or completed (whichever is 
earlier), you must meet the applicable emission limits specified in the 
following four tables of this subpart:
    (1) For Class A units, see table 2.
    (2) For Class B units, see table 3.
    (3) For Class C units, see table 4.
    (4) For carbon monoxide emission limits for all classes of units, 
see table 5.
    (b) If your Class A or Class B municipal waste combustion unit 
began construction, reconstruction, or modification after June 26, 
1987, then you must comply with the dioxin/furan and mercury emission 
limits specified in table 2 or 3 as applicable by the later of the 
following two dates:

[[Page 47253]]

    (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.


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.

Model Rule--Continuous Emission Monitoring


Sec. 60.1715  What types of continuous emission monitoring must I 
perform?

    To continuously monitor emissions, you must perform four tasks:
    (a) Install continuous emission monitoring systems for certain 
gaseous pollutants.
    (b) Make sure your continuous emission monitoring systems are 
operating correctly.
    (c) Make sure you obtain the minimum amount of monitoring data.
    (d) Install a continuous opacity monitoring system.


Sec. 60.1720  What continuous emission monitoring systems must I 
install for gaseous pollutants?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class A municipal waste 
combustion unit, also install, calibrate, maintain, and operate a 
continuous emission monitoring system for nitrogen oxides. Install the 
continuous emission monitoring system for sulfur dioxide and nitrogen 
oxides 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 of subpart A of this part.
    (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 A 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 a continuous 
emission monitoring system for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.


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 A 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 these 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. 
These procedures include daily calibration drift and quarterly accuracy 
determinations.


Sec. 60.1735  Am I exempt from any appendix B or appendix F 
requirements to evaluate continuous emission monitoring systems?

    Yes, the accuracy tests for your sulfur dioxide continuous emission 
monitoring system require you to also evaluate your oxygen (or carbon 
dioxide) continuous emission monitoring system. Therefore, your oxygen 
(or carbon dioxide) continuous emission monitoring system is exempt 
from two requirements:
    (a) Section 2.3 of Performance Specification 3 in appendix B of 
this part (relative accuracy requirement).
    (b) Section 5.1.1 of appendix F of this part (relative accuracy 
test audit).


Sec. 60.1740  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 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. 60.1745  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 system. You may reestablish the relationship during annual 
evaluations. To establish the relationship use three procedures:
    (a) Use EPA Reference Method 3 or 3A 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 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 this 
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 A 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

[[Page 47254]]

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) of subpart A of 
this part 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 and 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 this 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, 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, section 5.4, to determine the daily geometric 
average percent reduction of potential sulfur dioxide emissions.
    (c) If you operate a Class A municipal waste combustion unit, use 
EPA Reference Method 19, section 4.1, to calculate the daily arithmetic 
average for concentrations of nitrogen oxides.
    (d) Use EPA Reference Method 19, 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 of subpart A of this part.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix 
B of this part. Complete this evaluation by 180 days after your final 
compliance date.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 12 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9, as 
specified in Sec. 60.1790, to determine compliance with the applicable 
emission limit for opacity in tables 2, 3, or 4 of this subpart. The 
data obtained from your continuous opacity monitoring system are not 
used to determine compliance with the limit on opacity emissions.


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 my continuous emission monitoring 
system is temporarily unavailable to meet the data collection 
requirements?

    Refer to table 8 of this subpart. It shows alternate methods for 
collecting data when these 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, 3, 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 these pollutants after the 
initial stack test. Conduct each annual stack test within 12 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 these pollutants consist of 
at least three test runs, as specified in Sec. 60.8 (Performance Tests) 
of subpart A of this part. Use the average of the pollutant emission 
concentrations from the three test runs to determine compliance with 
the applicable emission limits in tables 2, 3, or 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.


Sec. 60.1795  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class C 
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 this 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 third 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 a 3-year 
period show compliance.
    (b) You can test less often 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 these municipal waste combustion units have 
demonstrated levels of dioxin/furan emissions no more than 15 nanograms 
per dry

[[Page 47255]]

standard cubic meter (total mass) for Class A units, or 30 nanograms 
per day standard cubic meter (total mass) for Class B and Class C 
units, for 2 consecutive years. In this case, you may choose to conduct 
annual stack tests on only one municipal waste combustion unit per year 
at your plant.
    (1) Conduct the stack test no more than 12 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 dioxin/furan 
emissions less than 15 nanograms per dry standard cubic meter (total 
mass) for Class A units, or 30 nanograms per day standard cubic meter 
(total mass) for Class B and Class C 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 dioxin/furan 
emissions greater than 15 nanograms per dry standard cubic meter (total 
mass) for Class A units, or 30 nanograms per day standard cubic meter 
(total mass) for Class B and Class C 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 
dioxin/furan emission levels less than 15 nanograms per dry standard 
cubic meter (total mass) for Class A units, or 30 nanograms per day 
standard cubic meter (total mass) for Class B and Class C 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 12-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 12-month testing schedules specified 
in Secs. 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 dioxin/
furan 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 per hour (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 of subpart A of this 
part).
    (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 of 
subpart A of this part).
    (5) Before each dioxin/furan 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, 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 dioxin/furan 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 dioxin/furan and mercury stack test, determine the 
average carbon feed rate in kilograms (or pounds) per hour. Also, 
determine the average operating parameter level that correlates to the 
carbon feed rate. Establish a relationship between the operating 
parameter and the carbon feed rate in order to calculate the carbon 
feed rate based on the operating parameter level.
    (c) Continuously monitor the selected operating parameter during 
all periods when the municipal waste combustion unit is operating and 
combusting waste and calculate the 8-hour block average carbon feed 
rate in kilograms (or pounds) per hour, based on the selected operating 
parameter. When calculating the 8-hour block average, do two things:
    (1) Exclude hours when the municipal waste combustion unit is not 
operating.
    (2) Include hours when the municipal waste combustion unit is 
operating but the carbon feed system is not working correctly.


Sec. 60.1825  What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is this 
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 dioxin/
furan 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 and 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

[[Page 47256]]

(c) of this section, you are in violation of this 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. Dates on which each person completed the operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of operator training course.
    (d) Records of reviews for plant-specific operating manuals. 
Include three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the chief facility operator and shift supervisor are offsite 
for more than 8 hours but less than 2 weeks and no other certified 
operator is onsite, record the dates that the chief facility operator 
and shift supervisor were offsite.
    (2) When all certified chief facility operators and 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 these people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or 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 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 
tables 2, 3, 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 dioxin/
furan 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 A 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 A 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 pollutants or parameter 
levels recorded in paragraph (b) 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 Secs. 60.1750 and 60.1825. Record these dates 
for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class A municipal waste combustion units only, nitrogen 
oxides emissions.

[[Page 47257]]

    (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 A 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 these records for the 
sulfur dioxide, nitrogen oxides (Class A municipal waste combustion 
units only), and carbon monoxide continuous emissions monitoring 
systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you chose 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 dioxin/furan 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 dioxin/furan 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 dioxin/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 
(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 the appropriate equation in 
Sec. 60.1935(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant. 
Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined 
during the most recent stack test for dioxin/furan 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 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 Secs. 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 Secs. 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 subpart A of this part, 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 A 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 tables 2, 3, or 4 of 
this subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (c) The test report that documents the initial stack tests 
including supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of this part in conducting the evaluation.
    (e) The maximum demonstrated load of your municipal waste 
combustion unit and the maximum demonstrated temperature of the flue 
gases at the inlet of the particulate matter control device.

[[Page 47258]]

Use values established during your initial stack test for dioxin/furan 
emissions and include supporting calculations.
    (f) If your municipal waste combustion unit uses activated carbon 
to control dioxin/furan or mercury emissions, the average carbon feed 
rates that you recorded during the initial stack tests for dioxin/furan 
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 Clean Air Act, 
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 emission levels recorded, in the 
appropriate units. List these values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class A 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 this 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 dioxin/furan or mercury emissions, include four 
records:
    (1) The average carbon feed rates recorded during the most recent 
dioxin/furan 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 the appropriate equation 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 A 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 A 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 dioxin/furan 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. This summary 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 8 
hours.


Sec. 60.1890  What must I do if I am out of compliance with these 
standards?

    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 A 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.
    (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, 
3 or 4 of this subpart as

[[Page 47259]]

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 dioxin/furan 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 dioxin/furan stack test (as specified in 
Sec. 60.1855(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for these 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) in subpart A of this part 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 this 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 of 
this subpart.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec. 60.1940 of this subpart.


Sec. 60.1920  What are the emission limits for air curtain incinerators 
that burn 100 percent yard waste?

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


Sec. 60.1930  What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent yard waste?

    (a) Provide a notice of construction that includes four items:
    (1) Your intent to construct the air curtain incinerator.
    (2) Your planned initial startup date.
    (3) Types of fuels you plan to combust in your air curtain 
incinerator.
    (4) The capacity of your incinerator, including supporting capacity 
calculations, as specified in Sec. 60.1935(d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator 
or for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual 
reporting dates (see Sec. 60.19(c) in subpart A of this part).
    (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 the following 
equation:

C7%=Cunc * (13.9) * (1/ (20.9-CO2))

Where:

C7% = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (%).

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%PHg) 
using the following equation:

%PHg = (Ei-Eo) * (100/Ei)

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
(%PHCl) using the following equation:

%PHCl = (Ei-Eo) * (100/Ei)

Where:

%PHCl = 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

[[Page 47260]]

continuously for 24-hour periods, calculate the capacity of the 
municipal waste combustion unit 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 this 
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 this 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 dioxin/furan or mercury limits, calculate the required 
quarterly usage of carbon using the appropriate equation for plant 
basis or unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TP30AU99.000
    
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. 
This is the average carbon feed rate during the most recent mercury 
or dioxin/furan 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.

C = f * h

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. This is the average carbon 
feed rate during the most recent mercury or dioxin/furan 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 Clean 
Air Act 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 this 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 (366 in leap years) consecutive days 
starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustion unit. This 
person is responsible for daily onsite supervision, technical 
direction, management, and overall performance of the municipal waste 
combustion unit.
    Class A units mean nonrefractory-type small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant capacity greater than 250 tons per day of 
municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Class B units mean refractory-type small municipal waste combustion 
units that are located at municipal waste combustion plants with an 
aggregate plant capacity greater than 250 tons per day of municipal 
solid waste. See the definition of ``municipal waste combustion plant 
capacity'' for specification of which units at a plant site are 
included in the aggregate capacity calculation.
    Class C units mean all small municipal combustion units that are 
located at municipal waste combustion plants with aggregate plant 
capacity less than or equal to 250 tons per day of municipal solid 
waste. See the definition 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 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.
    Cofired 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 cofired 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

[[Page 47261]]

Register specifies this 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 a.m.
    (2) 4 a.m. to 8 a.m.
    (3) 8 a.m. to 12:00 noon.
    (4) 12:00 noon to 4 p.m.
    (5) 4 p.m. to 8 p.m.
    (6) 8 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, this 
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 dioxin/furan 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 dioxin/furan emissions that demonstrates compliance with 
the limits specified in this subpart.
    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. This includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed later than 6 months 
after [the date of publication of the final rule] 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 standards have been established under 
section 129 or section 111 of the Clean Air Act. 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 this determination.
    Modular excess-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under 
``Applicability of State Plans'' (Sec. 60.1550(a)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion unit capacity at a plant for 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 these 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''

[[Page 47262]]

(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 by EPA Reference Method 5 
(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). These 
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. These 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 on or after [the date 6 months after 
publication date of the final rule].
    (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 
these costs, see the definition of ``municipal waste combustion unit'' 
in this section.
    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. 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.
    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.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B, 
that implements and enforces 40 CFR part 60, subpart BBBB.
    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

[[Page 47263]]

determined using EPA Reference Method 23 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.
BILLING CODE 6560-50-P

[[Page 47264]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.001



[[Page 47265]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.002



[[Page 47266]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.003



[[Page 47267]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.004



[[Page 47268]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.005



[[Page 47269]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.006



[[Page 47270]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.007



[[Page 47271]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.008



[[Page 47272]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.009



[[Page 47273]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.010



[[Page 47274]]

[GRAPHIC] [TIFF OMITTED] TP30AU99.011



[FR Doc. 99-21546 Filed 8-27-99; 8:45 am]
BILLING CODE 6560-50-C