[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47276-47307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21547]



[[Page 47275]]

_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60



New Source Performance Standards for New Small Municipal Waste 
Combustion Units; Proposed Rule

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

[[Page 47276]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6424-7]
RIN 2060-AI51


New Source Performance Standards for New Small Municipal Waste 
Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: This action proposes to reestablish new source performance 
standards (NSPS) for new small municipal waste combustion (MWC) units. 
When implemented, these NSPS 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). The NSPS 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. These 
proposed NSPS are functionally equivalent to the 1995 NSPS.

DATES: Comments: Comments on these proposed NSPS and comments on the 
Information Collection Request (ICR) document associated with these 
NSPS 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 NSPS. 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 NSPS (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 NSPS 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 NSPS. 
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 docket is 
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 in 
paper form 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 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 covered by such a claim of 
confidentiality 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 Standards 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 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 NSPS 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

    These NSPS would affect the following categories of sources:

----------------------------------------------------------------------------------------------------------------
              Category                NAICS codes    SIC codes            Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry, Federal government, and          562213          4953  Solid waste combustors or incinerators at waste-
 State/local/ tribal governments.           92411          9511   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.
----------------------------------------------------------------------------------------------------------------


[[Page 47277]]

    This list is not intended to be exhaustive, but rather provides a 
guide regarding the entities EPA expects to regulate with these NSPS 
for small MWC units. These NSPS 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. Other types of entities not listed in this table 
could also be affected. To determine whether your facility would be 
regulated by these NSPS, carefully examine the applicability criteria 
in section II.A of this preamble. 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 NSPS
    A. What Sources Would Be regulated by These Proposed NSPS?
    B. What Pollutants Would Be Regulated by These Proposed NSPS?
    C. What Is the Format of the Proposed Emission Limits in These 
NSPS?
    D. Where Can I Find a More Detailed Summary of These Proposed 
NSPS?
III. Changes in These Proposed NSPS Relative to the 1995 NSPS
    A. How Has the Conversion to Plain Language Affected These NSPS?
    B. How Has the Size Definition of the Small MWC Unit Category 
Been Revised?
    C. How Has the Population of Small MWC Units Been Subcategorized 
in These Proposed NSPS?
    D. Have Any Changes Been Made to the Emission Limits for These 
Proposed NSPS?
    E. Have Any Changes Been Made to the Operator Certification 
Requirements?
    F. Have Any Changes Been Made to the Operating Practice 
Requirements?
    G. Have Any Changes Been Made to the Monitoring and Stack 
Testing Requirements?
    H. Have Any Changes Been Made to the Recordkeeping and Reporting 
Requirements?
IV. What Would Be the Impacts Associated With These Proposed NSPS?
    A. Air Impacts
    B. Cost and Economic Impacts
V. Companion Proposal for Existing Small MWC Units
VI. 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 on 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
ASTM-- American Society for Testing and Materials
CBI--Confidential Business Information
CFR--Code of Federal Regulations
CI--Carbon Injection
EPA--Environmental Protection Agency
FR--Federal Register
ICR--Information Collection Request
MACT--Maximum achievable control technology
MSW--Municipal solid waste
MWC--Municipal waste combustion
NAICS--North American Industrial Classification System
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
RFA--Regulatory Flexibility Act
SBREFA--Small Business Regulatory Enforcement Fairness Act
SD/FF/CI--Spray dryer/fabric filter/carbon injection
SIC--Standard Industrial Classification
SNCR--Selective non-catalytic reduction
TTN--Technology Transfer Network
UMRA--Unfunded Mandates Reform Act
U.S.C.--United States Code

I. Background Information

    On September 20, 1994, EPA proposed NSPS for large and small MWC 
units under 40 CFR part 60, subpart Eb. Those NSPS covered all MWC 
units located at plants with an aggregate plant combustion capacity 
larger than 35 megagrams per day of MSW which is approximately 39 tons 
per day of MSW. The subpart Eb NSPS for large and small MWC units were 
promulgated on December 19, 1995.
    The 1995 NSPS divided the MWC unit population into MWC units 
located at large or small MWC plants based on the total aggregate 
capacity of all MWC units at the MWC plant. The large plant category 
comprised all MWC units located at MWC plants with aggregate plant 
combustion capacities greater than 225 megagrams per day (approximately 
248 tons per 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 NSPS, 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. Circuit, 
1996). The initial opinion would have vacated (canceled) the 1995 NSPS 
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 only the NSPS as they apply to small MWC units (units 
with an individual unit 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. Circuit, 1997). The 
revised opinion remanded to EPA the 1995 NSPS for the large MWC unit 
category for amendment to be consistent with the court's final opinion 
and vacated these NSPS only as they applied to small MWC units.
    Amendments to the 1995 NSPS incorporating the court's final opinion 
were published on August 25, 1997 (62 FR 45116). The amendments made 
the subpart Eb NSPS 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 
Eb. This was accomplished by increasing the lower size definition 
(cutoff) for large MWC

[[Page 47278]]

plants 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 the amendments became effective on October 24, 1997.
    Today's proposal would reestablish NSPS for new small MWC units 
with combustion capacities of 35 to 250 tons per day of MSW.

II. Summary of These Proposed NSPS

    This section summarizes these proposed NSPS for small MWC units, 
including identification of the subcategories used in this proposal. 
Overall, these proposed NSPS for small MWC units are functionally 
equivalent to the 1995 NSPS for small MWC units. These proposed NSPS 
retain subcategorization by aggregate plant capacity. The following two 
subcategories are used in these NSPS for small MWC units: (1) Small MWC 
units located at plants with aggregate plant capacities greater than 
250 tons of MSW per day; and (2) small MWC units located at plants with 
aggregate plant capacities less than or equal to 250 tons of MSW per 
day. The court allowed this subcategorization as a second step after 
first categorizing the MWC unit population into large MWC unit (subpart 
Eb) and small MWC unit (subpart AAAA) categories.

A. What Sources Would Be Regulated by These Proposed NSPS?

    Today's proposed NSPS, if promulgated in the current form, would 
apply to each new MWC unit that has a combustion design capacity of 35 
to 250 tons of MSW, and commenced construction after August 30, 1999 or 
commenced modification or reconstruction 6 months after the date that 
these NSPS rule are promulgated. Small MWC units that commenced 
construction on or before August 30, 1999 are not covered under this 
subpart. These units would be subject to the emission guidelines for 
existing small MWC units that are proposed as subpart BBBB in a 
separate part of today's Federal Register.

B. What Pollutants Would Be Regulated by These Proposed NSPS?

    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 the proposed emission limits, EPA is 
proposing limits 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 
limits for control of fugitive ash emissions. All of these requirements 
were contained in the 1995 NSPS.

C. What Is the Format of the Proposed Emission Limits in These NSPS?

    The format of the emission limits in these proposed NSPS is 
identical to the format of the 1995 NSPS. 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 
in these NSPS are identical to the 1995 NSPS. In addition to 
controlling stack emissions, these proposed NSPS incorporate the same 
good combustion practice requirements (i.e., operator training, 
operator certification, and operating requirements) that were included 
in the 1995 NSPS. Additionally, this proposal includes a clarification 
to the operator certification requirements to address periods when the 
certified chief facility operators and certified shift supervisors must 
be offsite. Section III.E provides more detail on these proposed 
changes. Today's proposal also includes a revision to the carbon 
injection requirements. See section III.F of this preamble for more 
detail on the proposed changes.

D. Where Can I Find a More Detailed Summary of These Proposed NSPS?

    A concise summary of these proposed NSPS can be found either in: 
(1) tables 1 and 2 of the proposed subpart AAAA NSPS 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 (http:/
/www.epa.gov/ttn/uatw/129/mwc/rimwc2.html).

III. Changes in These Proposed NSPS Relative to the 1995 NSPS

    This section summarizes the changes in these proposed NSPS compared 
to the 1995 NSPS. Overall, these NSPS are functionally equivalent to 
the 1995 NSPS, with minimal changes. The most significant change since 
the 1995 NSPS has been the use of the plain language style for 
organizing and writing these NSPS. These proposed NSPS retain 
subcategorization by aggregate plant capacity as allowed by the court.

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

    The proposed NSPS are organized and written in the plain language 
style. This plain language style has not affected the content of these 
proposed NSPS compared to the 1995 NSPS. However, it has changed their 
appearance. The EPA considers the question and answer style used with 
plain language to be more user friendly and understandable to all 
audiences when compared with previous rules that were not written in 
this style. To improve the presentation of these NSPS requirements, 
additional tables have been added.

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

    As a result of the 1997 court decision, both the upper and lower 
size cutoffs have been changed for the small MWC unit category so that 
the size cutoffs are 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 are used instead of 
metric units of measure.
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 NSPS, the upper size 
cutoff was 225 megagrams per day (approximately 248 tons per day) based 
on total plant capacity. The revised upper size cutoff is consistent 
with the 1997 court ruling.
2. Lower Size Cutoff
    The lower size cutoff is proposed as 35 tons per day on a unit 
capacity basis to make both the upper size cutoff and lower size cutoff 
consistent on a unit capacity basis. In the 1995 NSPS, the lower size 
cutoff for small MWC units was 35 megagrams per day (approximately 39 
tons per day) based on total plant capacity.

C. How Has the Population of Small MWC Units Been Subcategorized in 
These Proposed NSPS?

    As stated in the SUMMARY section, these proposed NSPS are 
functionally equivalent to the 1995 NSPS and retain the use of 
aggregate plant capacity to subcategorize small MWC units within these 
proposed NSPS. The 1997 court 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 (maximum achievable

[[Page 47279]]

control technology) floors and standards separately.

    After first categorizing the MWC unit population into large and 
small MWC units based on unit capacity, the court allowed EPA, as a 
second step, to subcategorize by unit location (aggregate plant 
capacity) at EPA discretion. The EPA has elected to retain the 
subcategorization used in the 1995 NSPS. Therefore, today's proposal 
divides the small MWC unit population into two classes: Class I and 
Class II. Class I comprises small MWC units located at MWC plants with 
an aggregate plant capacity greater than 250 tons of MSW per day. Class 
II comprises small MWC units located at MWC plants with an aggregate 
plant capacity less than or equal to 250 tons of MSW per day. The 
establishment of these two classes preserves the subcategorization used 
in the 1995 NSPS.

D. Have Any Changes Been Made to the Emission Limits in These Proposed 
NSPS?

    The proposed emission limits are identical to those established in 
the 1995 NSPS. Based on a reevaluation of the best controlled units 
within the small MWC unit population, EPA has concluded that the 
performance of a SD/FF air pollution control system continues to 
represent the MACT floor for new small MWC units. The supplemental use 
of CI continues to represent MACT performance for mercury and dioxins/
furans. This technology (SD/FF/CI) is the same technology basis of 
these NSPS promulgated in 1995. With respect to nitrogen oxides, EPA 
has concluded that a SNCR air pollution control system would represent 
the basis of the MACT floor for nitrogen oxides for Class I units. 
Since these technologies are the same as those used as the basis for 
the 1995 NSPS, EPA is proposing the same emission limits that were 
promulgated in the 1995 NSPS. The methods used to determine the new 
source MACT floors, to select the technology basis of the new source 
MACT, and to determine the emission limits are identical to the methods 
described in the Federal Register notices and background documents for 
the 1995 NSPS. The emission limits proposed for Class I units are the 
same as the emission limits for large MWC units in the 1995 NSPS. The 
emission limits proposed for Class II units are the same as the 
emission limits for small MWC units in the 1995 NSPS.

E. 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 NSPS. In 
response to questions since the 1995 NSPS were promulgated, EPA has 
clarified what actions an MWC 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 when 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 during times 
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. 60.1195 of these proposed NSPS.

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

    One change is proposed to the operating practice requirements since 
the 1995 NSPS. 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 NSPS, the MWC plant owner must select an operating 
parameter (e.g., screw feeder speed) that can be used to calculate the 
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 
plant 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 NSPS 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 the carbon 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 1995 NSPS requirements have also been revised and clarified 
relative to quarterly carbon usage. 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 carbon usage for the plant is 
calculated by summing this 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 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 on a unit basis because MWC units 
typically use a common carbon storage system; therefore, purchase, 
delivery, and use of carbon 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.
    A 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

[[Page 47280]]

individual MWC 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.

G. Have Any Changes Been Made to the Monitoring and Stack Testing 
Requirements?

    No changes are proposed to the monitoring and testing requirements 
contained in the 1995 NSPS. However, to clarify differences between 
stack testing and continuous emission monitoring requirements, these 
topics have been addressed in different sections of these NSPS.

H. Have Any Changes Been Made to the Recordkeeping and Reporting 
Requirements?

    No significant changes are proposed to the recordkeeping and 
reporting requirements since the 1995 NSPS. The 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 reporting and 
recordkeeping sections consistent with the carbon injection operating 
practice requirements described above in section III.F.

IV. What Would Be the Impacts Associated With These Proposed NSPS?

    This section describes the impacts (i.e., air, water, solid waste, 
energy, cost, and economic impacts) of these proposed NSPS for small 
MWC units. These proposed NSPS are functionally equivalent to these 
NSPS promulgated in 1995. The impact analysis conducted to evaluate the 
1995 NSPS still applies and is available at 59 FR 48198. The discussion 
in this preamble focuses on the air, cost, and economic impacts of 
these proposed NSPS.
    In the preamble for the 1995 NSPS, EPA determined that the water, 
solid waste, and energy impacts associated with these proposed NSPS 
were not significant. Because these proposed NSPS are the same as the 
1995 NSPS, the water, solid waste, and energy impacts are not 
significant.
    For more detail on the air, cost, and economic impacts of these 
proposed NSPS, refer to the document entitled ``Economic Impact 
Analysis: Small Municipal Waste Combustion Units--Section 111/129 
Emission Guidelines and New Source Performance Standards'' (Docket No. 
A-98-18).

A. Air Impacts

    Table 1 presents national impacts of air emission reductions for 
new small MWC units that would result from implementation of these 
NSPS. These are fifth year impacts based on the assumption that one new 
plant with two small MWC units would initiate operation each year.

   Table 1.--National Air Emission Impacts of These NSPS for Small NWC
                                  Units
------------------------------------------------------------------------
                                                                Percent
             Pollutant                Air emission reduction    change a
------------------------------------------------------------------------
Dioxins/furansb...................  0.04 kg/year.............         99
Cadmium...........................  34 kg/year...............         99
Lead..............................  3 Mg/year................         99
Mercury...........................  77 kg/year...............         97
Particulate matter................  48 Mg/year...............         98
Sulfur dioxide....................  38 Mg/year...............         83
Hydrogen chloride.................  28 Mg/year...............         90
Nitrogen oxides...................  See footnote c...........        (c)
------------------------------------------------------------------------
a Percent national emission reduction relative to national baseline
  emissions that would occur in the absence of these NSPS.
b Total mass of tetra-through octachlorinated dibenzo-p-dioxins through
  dibenzofurans.
c For Class I units, nitrogen oxides emission reductions are expected to
  be approximately 40 percent. Class II units do not have a nitrogen
  oxides emission limit and are not expected to have any reductions in
  nitrogen oxides emissions. Since the distribution of new Class I and
  II units to be constructed are unknown, no mass reductions of nitrogen
  oxides are presented.

B. Cost and Economic Impacts

    Approximately 90 small MWC units located at 41 plants are currently 
operating in the United States. Based on trends in small MWC unit 
construction over the past several years, EPA projects that about one 
new small MWC plant will be constructed each year. It is estimated that 
most new plants with small MWC units will have, on average, two small 
MWC units onsite.
    To estimate the costs of these proposed NSPS for new small MWC 
units, EPA has taken into account the various air pollution control 
equipment that would need to be installed at new small MWC plants to 
achieve these proposed NSPS. The cost estimates presented here, which 
are in 1997 dollars, are the projected costs that a new MWC plant with 
two small MWC units would incur to comply with these NSPS. These costs 
are based on new small MWC units installing SD/FF/CI as the air 
pollution control device system.
    The method used to estimate the cost and economic impacts of 
today's proposal is consistent with the method used to estimate the 
same impacts of the 1995 NSPS. For more details on the cost and 
economic analysis, refer to the document entitled ``Economic Impact 
Analysis: Small Municipal Waste Combustion Units--Section 111/129 
Emission Guidelines and New Source Performance Standards'' (Docket No. 
A-98-18).
    The EPA projects that the total annual cost (including annualized 
capital and operating costs) for an MWC plant with two small MWC units 
to comply with today's proposed NSPS would be approximately $1.6 
million. Based on the current trend of MWC plant openings, in 5 years 
there will be five MWC plants, with ten small MWC units subject to 
these NSPS. In this case, the total annual cost of these NSPS would be 
$8.1 million in the 5th year after promulgation of subpart AAAA.

V. Companion Proposal for Existing Small MWC Units

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

VI. 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

[[Page 47281]]

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 to 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 NSPS 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 1995 NTTAA (Pub. L. No. 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 NSPS 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 
requirements proposed in these NSPS 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 NSPS for measurement of MWC unit load level (steam output). 
The EPA believes this standard is practical to use in these proposed 
NSPS 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 
these proposed NSPS.
    A second consensus standard by ASME was identified for use in these 
proposed NSPS for designing, constructing, installing, calibrating, and 
using nozzles and orifices. The EPA believes this standard is practical 
to use in these proposed NSPS 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 NSPS 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 NSPS that require a chief facility operator and shift 
supervisor to successfully complete the operator certification 
procedures developed by ASME.
    Tables 3, 4, and 5 of these proposed NSPS 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 alternative methods in place of any of the EPA 
testing methods or performance standards listed in Tables 3, 4, and 5.

D. Paperwork Reduction Act

    The EPA submitted the information collection requirements in these 
proposed NSPS 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) 
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 from 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,

[[Page 47282]]

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 identify new, 
modified, or reconstructed MWC units subject to these NSPS and to 
ensure that these MWC units undergo a preconstruction impact analysis. 
The information would also be used 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 NSPS. 
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 NSPS are projected to affect six MWC units at three MWC 
plants during the first 3 years immediately following promulgation. The 
estimated average annual burden for industry for the first 3 years 
after promulgation of these NSPS would be 8,559 person-hours annually 
at a cost of $219,000 per year to meet the monitoring, recordkeeping, 
and reporting requirements. The estimated average annualized burden for 
the implementing agency would be 497 hours during the first 3 years at 
a cost of $21,000 (including travel expenses).
    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 impact 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. The SBREFA also made 
other changes to agency regulatory practice as it affects small 
businesses and established a new mechanism to expedite 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 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 governmental 
jurisdictions.
    Pursuant to the provisions of 5 U.S.C. 605(b), the EPA certifies 
that these NSPS proposed today will not have a significant economic 
impact on a substantial number of small entities. The EPA projects that 
five small MWC plants will begin operation over the next 5 years, 
averaging one MWC plant per year (Docket No. A-98-18).
    Impacts of this proposal are not significant for a substantial 
number of small entities because few small entities use MWC units for 
municipal solid waste disposal. The vast majority of small entities use 
municipal solid waste landfills for disposal. A small entity 
considering a new small MWC unit would have the opportunity to switch 
to an alternative municipal solid waste disposal method, such as 
municipal solid waste landfills, if the costs to comply with these NSPS 
were considered prohibitive. Thus, the number of small entities that 
would be significantly impacted by this proposal would not be 
substantial.
    For a summary of the actions that EPA took to involve small 
entities in the development of these proposed NSPS, refer to the 
discussion of the Unfunded Mandates Reform Act in section VI.F. of 
these Administrative Requirements.

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 of 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 NSPS 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 for these 
NSPS (Docket No. A-98-18) shows that the total annual costs of these 
regulatory

[[Page 47283]]

requirements would be about $8.1 million annually (in 1997 dollars) in 
the fifth year after promulgation. Thus, these proposed NSPS are not 
subject to the requirements of sections 202 and 205 of the UMRA. 
Although these NSPS are not subject to UMRA, EPA did prepare a cost-
benefit analysis under section 202 of the UMRA for the 1995 NSPS. For a 
discussion of how EPA complied with the UMRA for the 1995 NSPS, 
including extensive consultations with State and local governments, see 
the preamble to the 1995 NSPS (60 FR 65405-65412, December 19, 1995). 
Because today's proposed NSPS are functionally equivalent to the 1995 
NSPS, no additional consultations were necessary.

G. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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.
    Pursuant to the terms of Executive Order 12866, EPA considers these 
proposed NSPS to be ``not significant'' because these NSPS would not 
have an annual effect on the economy of $100 million or more and do not 
impose any additional control requirements above the 1995 NSPS. The 
1995 NSPS were considered to be ``significant,'' and a full analysis 
and review was conducted. However, these NSPS proposed today are 
projected to have an impact of approximately $8.1 million annually in 
the fifth year after promulgation of these NSPS (Docket No. A-98-18). 
Therefore, these proposed NSPS 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 with those governments, Executive Order 12875 requires EPA 
to provide to the 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 NSPS may create a mandate on a 
small number of city and county governments, and that 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 NSPS do not impose any 
additional costs or result in any additional control requirements above 
those considered during promulgation of the 1995 NSPS. In developing 
the 1995 NSPS, EPA consulted extensively with State and local 
governments to enable them to provide meaningful and timely input in 
the development of these NSPS. Because these proposed NSPS are the same 
as the 1995 NSPS, 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 NSPS, see the preamble to the 1995 NSPS (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 NSPS for small MWC units, EPA analyzed 
environmental justice issues that may be relevant to this proposal.
    The EPA conducted an impact analysis 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. 
It is expected that these trends would also apply to future siting of 
small MWC units.
    These proposed NSPS would require all new small MWC plants to use 
the most stringent air pollution control technology currently available 
for small MWC units. This upgrade in air pollution control technology 
for new small MWC units would result in lowered air emissions (compared 
to an absence of NSPS) from small MWC units, thereby improving human 
health and the environment in areas where small MWC units are located. 
Additionally, siting requirements for new small MWC units include two 
public meetings, which would allow the public to comment on the siting 
of any new small MWC unit before construction begins.

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 so that the 
analysis required under section 5-501 of the

[[Page 47284]]

Executive Order has the potential to influence the regulation.
    These NSPS 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. A children's risk analysis was not performed for 
these NSPS 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 with those governments, 
Executive Order 13084 requires EPA to provide to the 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.''
    These NSPS do not significantly or uniquely affect the communities 
of Indian tribal governments. The EPA is not aware of any existing or 
planned small MWC units located in Indian territory. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
these NSPS.

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 NSPS are 
organized and written in a plain language format and style. This plain 
language format and style do not alter the content or intent of this 
proposal compared to the 1995 NSPS. 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 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. Part 60 is amended by adding a new subpart AAAA to read as 
follows:

Subpart AAAA--Standards of Performance for New Stationary Sources: 
Small Municipal Waste Combustion Units

Sec.

Introduction

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

Applicability

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

Preconstruction Requirements: Materials Separation Plan

60.1050  Who must submit a materials separation plan?
60.1055  What is a materials separation plan?
60.1060  What steps must I complete for my materials separation 
plan?
60.1065  What must I include in my draft materials separation plan?
60.1070  How do I make my draft materials separation plan available 
to the public?
60.1075  When must I accept comments on the materials separation 
plan?
60.1080  Where and when must I hold a public meeting on my draft 
materials separation plan?
60.1085  What must I do with any public comments I receive during 
the public comment period on my draft materials separation plan?
60.1090  What must I do with my revised materials separation plan?
60.1095  What must I include in the public meeting on my revised 
materials separation plan?
60.1100  What must I do with any public comments I receive on my 
revised materials separation plan?
60.1105  How do I submit my final materials separation plan?

Preconstruction Requirements: Siting Analysis

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

Good Combustion Practices: Operator Training

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

Good Combustion Practices: Operator Certification

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

Good Combustion Practices: Operating Requirements

60.1200  What are the operating practice requirements for my 
municipal waste combustion unit?

[[Page 47285]]

60.1205  What happens to the operating requirements during periods 
of startup, shutdown, and malfunction?

Emission Limits

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

Continuous Emission Monitoring

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

Stack Testing

60.1285  What types of stack tests must I conduct?
60.1290  How are the stack test data used?
60.1295  What schedule must I follow for the stack testing?
60.1300  What test methods must I use to stack test?
60.1305  May I conduct stack testing less often?
60.1310  May I deviate from the 12-month testing schedule if 
unforeseen circumstances arise?

Other Monitoring Requirements

60.1315  Must I meet other requirements for continuous monitoring?
60.1320  How do I monitor the load of my municipal waste combustion 
unit?
60.1325  How do I monitor the temperature of flue gases at the inlet 
of my particulate matter control device?
60.1330  How do I monitor the injection rate of activated carbon?
60.1335  What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is this 
requirement enforceable?

Recordkeeping

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

Reporting

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

Air Curtain Incinerators That Burn 100 Percent Yard Waste

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

Equations

60.1460  What equations must I use?

Definitions

60.1465  What definitions must I know?

Tables

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

Introduction


Sec. 60.1000  What does this subpart do?

    This subpart establishes new source performance standards for new 
small municipal waste combustion units.


Sec. 60.1005  When does this subpart become effective?

    This subpart takes effect [the date 6 months after publication of 
the final rule in the Federal Register]. Some of the requirements in 
this subpart apply to municipal waste combustion unit planning and must 
be completed before construction is commenced on the municipal waste 
combustion unit. In particular, the preconstruction requirements in 
Secs. 60.1050 through 60.1150 must be completed prior to commencing 
construction. Other requirements (such as the emission limits) apply 
when the municipal waste combustion unit begins operation.

Applicability


Sec. 60.1010  Does this subpart apply to my municipal waste combustion 
unit?

    Yes, if your municipal waste combustion unit meets two criteria:
    (a) Your municipal waste combustion unit is a new municipal waste 
combustion unit.
    (b) Your municipal waste combustion unit has the capacity to 
combust at least 35 tons per day but no more than 250 tons per day of 
municipal solid waste or refuse-derived fuel.


Sec. 60.1015  What is a new municipal waste combustion unit?

    (a) A new municipal waste combustion unit is a municipal waste 
combustion unit that meets either of two criteria:
    (1) Commenced construction after [date the final rule is published 
in the Federal Register].
    (2) Commenced reconstruction or modification at least 6 months 
after [date the final rule is published].
    (b) This subpart does not apply to your municipal waste combustion 
unit if you make physical or operational changes to an existing 
municipal waste

[[Page 47286]]

combustion unit primarily to comply with the emission guidelines in 
subpart BBBB of this part. Such changes do not qualify as 
reconstruction or modification under this subpart.


Sec. 60.1020  Does this subpart allow any exemptions?

    (a) Small municipal waste combustion units that combust less than 
11 tons per day. You are exempt from this subpart if you meet four 
requirements:
    (1) Your municipal waste combustion unit is subject to a federally 
enforceable operating permit limiting the amount of municipal solid 
waste combusted to less than 11 tons per day.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You keep daily records of the amount of municipal solid waste 
combusted.
    (b) Small power production facilities. You are exempt from this 
subpart if you meet four requirements:
    (1) Your unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You provide the Administrator with documentation that the unit 
qualifies for this exemption.
    (c) Cogeneration facilities. You are exempt from this subpart if 
you meet four requirements:
    (1) Your unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You provide the Administrator with documentation that the unit 
qualifies for this exemption.
    (d) Municipal waste combustion units that combust only tires. You 
are exempt from this subpart if you meet three requirements:
    (1) Your municipal waste combustion unit combusts a single-item 
waste stream of tires and no other municipal waste (the unit can cofire 
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator with documentation that the unit 
qualifies for this exemption.
    (e) Hazardous waste combustion units. You are exempt from this 
subpart if you get a permit for your unit under section 3005 of the 
Solid Waste Disposal Act.
    (f) Materials recovery units. You are exempt from this subpart if 
your unit combusts waste mainly to recover metals. Primary and 
secondary smelters qualify for this exemption.
    (g) Cofired combustors. You are exempt from this subpart if you 
meet four requirements:
    (1) Your unit has a federally enforceable permit limiting the 
combustion of municipal solid waste to 30 percent of the total fuel 
input by weight.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You record the weights, each quarter, of municipal solid waste 
and of all other fuels combusted.
    (h) Plastics/rubber recycling units. You are exempt from this 
subpart if you meet four requirements:
    (1) Your pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' 
(Sec. 60.1465).
    (2) You record the weights, each quarter, of plastics, rubber, and 
rubber tires processed.
    (3) You record the weights, each quarter, of feed stocks produced 
and marketed from chemical plants and petroleum refineries.
    (4) You keep the name and address of the purchaser of these feed 
stocks.
    (i) Units that combust fuels made from products of plastics/rubber 
recycling plants. You are exempt from this subpart if you meet two 
requirements:
    (1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, 
residual oil, refinery gas, petroleum coke, liquified petroleum gas, 
propane, or butane produced by chemical plants or petroleum refineries 
that use feedstocks produced by plastics/rubber recycling units.
    (2) Your unit does not combust any other municipal solid waste.
    (j) Cement kilns. You are exempt from this subpart if your cement 
kiln combusts municipal solid waste.
    (k) Air curtain incinerators. If your air curtain incinerator (see 
Sec. 60.1465 for definition) combusts 100 percent yard waste, you must 
only meet the requirements under ``Air Curtain Incinerators That Burn 
100 Percent Yard Waste'' (Secs. 60.1435 through 60.1455).


Sec. 60.1025  Do subpart E new source performance standards also apply 
to my municipal waste combustion unit?

    If this subpart (subpart AAAA) applies to your municipal waste 
combustion unit, then subpart E does not apply to your municipal waste 
combustion unit.


Sec. 60.1030  Can the Administrator delegate authority to enforce these 
Federal standards to a State agency?

    Yes. The Administrator can delegate all authorities in all sections 
of this subpart to the State for direct State enforcement.


Sec. 60.1035  How are the standards structured?

    The standards contain five major components:
    (a) Preconstruction requirements.
    (1) Materials separation plan.
    (2) Siting analysis.
    (b) Good combustion practices.
    (1) Operator training.
    (2) Operator certification.
    (3) Operating requirements.
    (c) Emission limits.
    (d) Monitoring and stack testing.
    (e) Recordkeeping and reporting.


Sec. 60.1040  Do all five components of the standards apply at the same 
time?

    No. You must meet the preconstruction requirements before you 
commence construction of the municipal waste combustion unit. After the 
municipal waste combustion unit begins operation, you must meet all of 
the good combustion practices, emission limits, monitoring, stack 
testing, and most recordkeeping and reporting requirements.


Sec. 60.1045  Are there different subcategories of small municipal 
waste combustion units within this subpart?

    (a) Yes. This subpart subcategorizes small municipal waste 
combustion units into two groups based on the aggregate capacity of the 
municipal waste combustion plant and the type of municipal waste 
combustion unit as follows:
    (1) Class I Units. These are small municipal waste combustion units 
that are located at municipal waste combustion plants with an aggregate 
plant combustion capacity of more than 250 tons per day of municipal 
solid waste. (See the definition of ``municipal waste combustion plant 
capacity'' in Sec. 60.1465 for specification of which units at a plant 
are included in the aggregate capacity calculation.)
    (2) Class II Units. These are small municipal waste combustion 
units that are located at municipal waste combustion plants with an 
aggregate

[[Page 47287]]

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. 60.1465 for specification of which units at a plant 
are included in the aggregate capacity calculation.)
    (b) The requirements for Class I and Class II units are identical 
except for two items:
    (1) Class I units have a nitrogen oxide emission limit. Class II 
units do not have a nitrogen oxide emission limit (see table 1 of this 
subpart). Additionally, Class I units have continuous emission 
monitoring, recordkeeping, and reporting requirements for nitrogen 
oxides.
    (2) Class II units are eligible for the reduced testing option 
provided in Sec. 60.1305.

Preconstruction Requirements: Materials Separation Plan


Sec. 60.1050  Who must submit a materials separation plan?

    (a) You must prepare a materials separation plan for your municipal 
waste combustion unit if you plan to commence construction of a new 
small municipal waste combustion unit after [the date of publication of 
the final rule].
    (b) If you commence construction of your municipal waste combustion 
unit after August 30, 1999 but before [the publication date of the 
final rule], you are not required to prepare the materials separation 
plan specified in this subpart.
    (c) You must prepare a materials separation plan if you are 
required to submit an initial application for a construction permit, 
under 40 CFR part 51, subpart I, or part 52, as applicable, for the 
reconstruction or modification of your municipal waste combustion unit.


Sec. 60.1055  What is a materials separation plan?

    The plan identifies a goal and an approach for separating certain 
components of municipal solid waste for a given service area prior to 
waste combustion and making them available for recycling.


Sec. 60.1060  What steps must I complete for my materials separation 
plan?

    (a) For your materials separation plan, you must complete nine 
steps:
    (1) Prepare a draft materials separation plan.
    (2) Make your draft plan available to the public.
    (3) Hold a public meeting on your draft plan.
    (4) Prepare responses to public comments received during the public 
comment period on your draft plan.
    (5) Prepare a revised materials separation plan.
    (6) Discuss the revised plan at the public meeting for review of 
the siting analysis.
    (7) Prepare responses to public comments received on your revised 
plan.
    (8) Prepare a final materials separation plan.
    (9) Submit the final materials separation plan.
    (b) You may use analyses conducted under the requirements of 40 CFR 
part 51, subpart I, or part 52, to comply with some of the materials 
separation requirements of this subpart.


Sec. 60.1065  What must I include in my draft materials separation 
plan?

    (a) You must prepare and submit a draft materials separation plan 
for your municipal waste combustion unit and its service area.
    (b) Your draft materials separation plan must identify a goal and 
an approach for separating certain components of municipal solid waste 
for a given service area prior to waste combustion and making them 
available for recycling. A materials separation plan may include such 
elements as dropoff facilities, buy-back or deposit-return incentives, 
programs for curbside pickup, and centralized systems for mechanical 
separation.
    (c) Your materials separation plan may include different goals or 
approaches for different subareas in the service area.
    (d) Your materials separation plan may exclude materials separation 
activities for certain subareas or, if warranted, the entire service 
area.


Sec. 60.1070  How do I make my draft materials separation plan 
available to the public?

    (a) Distribute your draft materials separation plan to the main 
public libraries in the area where you will construct the municipal 
waste combustion unit.
    (b) Publish a notice of a public meeting in the main newspapers 
that serve these two areas:
    (1) The area where you will construct the municipal waste 
combustion unit.
    (2) The areas where the waste that your municipal waste combustion 
unit combusts will be collected.
    (c) Include six items in your notice of the public meeting:
    (1) The date of the public meeting.
    (2) The time of the public meeting.
    (3) The location of the public meeting.
    (4) The location of the public libraries where the public can find 
your materials separation plan. Include the normal business hours of 
each library.
    (5) An agenda of the topics that will be discussed at the public 
meeting.
    (6) The beginning and ending dates of the public comment period on 
your draft materials separation plan.


Sec. 60.1075  When must I accept comments on the materials separation 
plan?

    (a) You must accept verbal comments at the public meeting.
    (b) You must accept written comments anytime during the period that 
begins on the date the document is distributed to the main public 
libraries and ends 30 days after the date of the public meeting.


Sec. 60.1080  Where and when must I hold a public meeting on my draft 
materials separation plan?

    (a) You must hold a public meeting and accept comments on your 
draft materials separation plan.
    (b) You must hold the public meeting in the county where you will 
construct the municipal waste combustion unit.
    (c) You must schedule the public meeting to occur at least 30 days 
after you make your draft materials separation plan available to the 
public.
    (d) You may combine this public meeting with any other public 
meeting required as part of any other Federal, State, or local permit 
review. However, you may not combine it with the public meeting 
required for the siting analysis under ``Preconstruction Requirements: 
Siting Analysis'' (Sec. 60.1140).
    (e) You are encouraged to address eight topics at the public 
meeting for your draft materials separation plan:
    (1) Expected size of the service area for your municipal waste 
combustion unit.
    (2) Amount of waste you will collect in the service area.
    (3) Types and estimated amounts of materials proposed for 
separation.
    (4) Methods proposed for materials separation.
    (5) Amount of residual waste for disposal.
    (6) Alternate disposal methods for handling the residual waste.
    (7) Where your responses to public comments on the draft materials 
separation plan will be available for inspection.
    (8) Where your revised materials separation plan will be available 
for inspection.
    (f) You must prepare a transcript of the public meeting on your 
draft materials separation plan.


Sec. 60.1085  What must I do with any public comments I receive during 
the public comment period on my draft materials separation plan?

    You must do three steps:

[[Page 47288]]

    (a) Prepare written responses to any public comments you received 
during the public comment period. Summarize these responses to public 
comments in a document that is separate from your revised materials 
separation plan.
    (b) Make the comment response document available to the public in 
the service area where you will construct your municipal waste 
combustion unit. You must distribute the document at least to the main 
public libraries used to announce the public meeting.
    (c) Prepare a revised materials separation plan for the municipal 
waste combustion unit that includes, as appropriate, changes made in 
response to any public comments you received during the public comment 
period.


Sec. 60.1090  What must I do with my revised materials separation plan?

    You must do two tasks:
    (a) As specified under ``Reporting'' (Sec. 60.1375), submit five 
items to the Administrator by the date you submit the application for a 
construction permit under 40 CFR part 51, subpart I, or part 52. (If 
you are not required to submit an application for a construction permit 
under 40 CFR part 51, subpart I, or part 52, submit five items to the 
Administrator by the date of your notice of construction under 
Sec. 60.1380):
    (1) Your draft materials separation plan.
    (2) Your revised materials separation plan.
    (3) Your notice of the public meeting for your draft materials 
separation plan.
    (4) A transcript of the public meeting on your draft materials 
separation plan.
    (5) The document that summarizes your responses to the public 
comments you received during the public comment period on your draft 
materials separation plan.
    (b) Make your revised materials separation plan available to the 
public as part of the siting analysis procedures under 
``Preconstruction Requirements: Siting Analysis'' (Sec. 60.1130).


Sec. 60.1095  What must I include in the public meeting on my revised 
materials separation plan?

    As part of the public meeting for review of the siting analysis, as 
specified under ``Preconstruction Requirements: Siting Analysis'' 
(Sec. 60.1140), you must discuss two areas:
    (a) Differences between your revised materials separation plan and 
your draft materials separation plan discussed at the first public 
meeting (Sec. 60.1080).
    (b) Questions about your revised materials separation plan.


Sec. 60.1100  What must I do with any public comments I receive on my 
revised materials separation plan?

    (a) Prepare written responses to any public comments and include 
them in the document that summarizes your responses to public comments 
on the siting analysis.
    (b) Prepare a final materials separation plan that includes, as 
appropriate, changes made in response to any public comments you 
received on your revised materials separation plan.


Sec. 60.1105  How do I submit my final materials separation plan?

    As specified under ``Reporting'' (Sec. 60.1380), submit your final 
materials separation plan to the Administrator as part of the notice of 
construction for the municipal waste combustion unit.

Preconstruction Requirements: Siting Analysis


Sec. 60.1110  Who must submit a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of a small municipal waste combustion unit after [the date 
of publication of the final rule].
    (b) If you commence construction on your municipal waste combustion 
unit after August 30, 1999, but before [the date of publication of the 
final rule], you are not required to prepare the siting analysis 
specified in this subpart.
    (c) You must prepare a siting analysis if you are required to 
submit an initial application for a construction permit, under 40 CFR 
part 51, subpart I, or part 52, as applicable, for the reconstruction 
or modification of your municipal waste combustion unit.


Sec. 60.1115  What is a siting analysis?

    The siting analysis addresses how your municipal waste combustion 
unit affects ambient air quality, visibility, soils, vegetation, and 
other relevant factors. This analysis can be used to determine whether 
the benefits of your proposed facility significantly outweigh the 
environmental and social costs resulting from its location and 
construction. This analysis must also consider other major industrial 
facilities near the proposed site.


Sec. 60.1120  What steps must I complete for my siting analysis?

    (a) For your siting analysis, you must complete five steps:
    (1) Prepare an analysis.
    (2) Make your analysis available to the public.
    (3) Hold a public meeting on your analysis.
    (4) Prepare responses to public comments received on your analysis.
    (5) Submit your analysis.
    (b) You may use analyses conducted under the requirements of 40 CFR 
part 51, subpart I, or part 52, to comply with some of the siting 
analysis requirements of this subpart.


Sec. 60.1125  What must I include in my siting analysis?

    (a) Include an analysis of how your municipal waste combustion unit 
affects these four areas:
    (1) Ambient air quality.
    (2) Visibility.
    (3) Soils.
    (4) Vegetation.
    (b) Include an analysis of alternatives for controlling air 
pollution that minimize potential risks to the public health and the 
environment.


Sec. 60.1130  How do I make my siting analysis available to the public?

    (a) Distribute your siting analysis and revised materials 
separation plan to the main public libraries in the area where you will 
construct your municipal waste combustion unit.
    (b) Publish a notice of a public meeting in the main newspapers 
that serve these two areas:
    (1) The area where you will construct your municipal waste 
combustion unit.
    (2) The areas where the waste that your municipal waste combustion 
unit combusts will be collected.
    (c) Include six items in your notice of the public meeting:
    (1) The date of the public meeting.
    (2) The time of the public meeting.
    (3) The location of the public meeting.
    (4) The location of the public libraries where the public can find 
your siting analysis and revised materials separation plan. Include the 
normal business hours of each library.
    (5) An agenda of the topics that will be discussed at the public 
meeting.
    (6) The beginning and ending dates of the public comment period on 
your siting analysis and revised materials separation plan.


Sec. 60.1135  When must I accept comments on the siting analysis and 
revised materials separation plan?

    (a) You must accept verbal comments at the public meeting.
    (b) You must accept written comments anytime during the period that 
begins on the date the document is distributed to the main public 
libraries and ends 30 days after the date of the public meeting.


Sec. 60.1140  Where and when must I hold a public meeting on the siting 
analysis?

    (a) You must hold a public meeting to discuss and accept comments 
on your siting analysis and your revised materials separation plan.

[[Page 47289]]

    (b) You must hold the public meeting in the county where you will 
construct your municipal waste combustion unit.
    (c) You must schedule the public meeting to occur at least 30 days 
after you make your siting analysis and revised materials separation 
available to the public.
    (d) You must prepare a transcript of the public meeting on your 
siting analysis.


Sec. 60.1145  What must I do with any public comments I receive during 
the public comment period on my siting analysis?

    You must do three things:
    (a) Prepare written responses to any public comments on your siting 
analysis and the revised materials separation plan you received during 
the public comment period. Summarize these responses to public comments 
in a document that is separate from your materials separation plan and 
siting analysis.
    (b) Make the comment response document available to the public in 
the service area where you will construct your municipal waste 
combustion unit. You must distribute the document at least to the main 
public libraries used to announce the public meeting for the siting 
analysis.
    (c) Prepare a revised siting analysis for the municipal waste 
combustion unit that includes, as appropriate, changes made in response 
to any public comments you received during the public comment period.


Sec. 60.1150  How do I submit my siting analysis?

    As specified under ``Reporting'' (Sec. 60.1380), submit four items 
as part of the notice of construction:
    (a) Your siting analysis.
    (b) Your notice of the public meeting on your siting analysis.
    (c) A transcript of the public meeting on your siting analysis.
    (d) The document that summarizes your responses to the public 
comments you received during the public comment period.

Good Combustion Practices: Operator Training


Sec. 60.1155  What types of training must I do?

    There are two types of required training:
    (a) Training of operators of municipal waste combustion units using 
the EPA or a State-approved training course.
    (b) Training of plant personnel using a plant-specific training 
course.


Sec. 60.1160  Who must complete the operator training course? By when?

    (a) Three types of employees must complete the EPA or State-
approved operator training course:
    (1) Chief facility operators.
    (2) Shift supervisors.
    (3) Control room operators.
    (b) These employees must complete the operator training course by 
the later of three dates:
    (1) Six months after your municipal waste combustion unit starts 
up.
    (2) One year after [date of publication of the final rule].
    (3) The date before an employee assumes responsibilities that 
affect operation of the municipal waste combustion unit.


Sec. 60.1165  Who must complete the plant-specific training course?

    All employees with responsibilities that affect how a municipal 
waste combustion unit operates must complete the plant-specific 
training course. Include at least six types of employees:
    (a) Chief facility operators.
    (b) Shift supervisors.
    (c) Control room operators.
    (d) Ash handlers.
    (e) Maintenance personnel.
    (f) Crane or load handlers.


Sec. 60.1170  What plant-specific training must I provide?

    For plant-specific training, you must do four things:
    (a) For training at a particular plant, develop a specific 
operating manual for that plant by the later of two dates:
    (1) Six months after your municipal waste combustion unit starts 
up.
    (2) One year after [date of publication of the final rule].
    (b) Establish a program to review the plant-specific operating 
manual with people whose responsibilities affect the operation of your 
municipal waste combustion unit. Complete the initial review by the 
later of three dates:
    (1) Six months after your municipal waste combustion unit starts 
up.
    (2) One year after [date of publication of the final rule].
    (3) The date before an employee assumes responsibilities that 
affect operation of the municipal waste combustion unit.
    (c) Update your manual annually.
    (d) Review your manual with staff annually.


Sec. 60.1175  What information must I include in the plant-specific 
operating manual?

    You must include 11 items in the operating manual for your plant:
    (a) A summary of all applicable 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. 60.1180  Where must I keep the plant-specific operating manual?

    You must keep your operating manual in an easily accessible 
location at your plant. It must be available for review or inspection 
by all employees who must review it and by the Administrator.

Good Combustion Practices: Operator Certification


Sec. 60.1185  What types of operator certification must the chief 
facility operator and shift supervisor obtain and by when must they 
obtain it?

    (a) Each chief facility operator and shift supervisor must obtain 
and keep a current provisional operator certification from the American 
Society of Mechanical Engineers (QRO-1-1994 (incorporated by reference 
in Sec. 60.17 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) Six months after the municipal waste combustion unit starts up.
    (2) One year after [date of publication of the final rule].
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of three actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers or a State certification program in your State.

[[Page 47290]]

    (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 three dates:
    (1) Six months after the municipal waste combustion unit starts up.
    (2) One year after [date of publication of the final rule].
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.


Sec. 60.1190  After the required date for operator certification, who 
may operate the municipal waste combustion unit?

    After the required date for full or provisional certifications, you 
must not operate your municipal waste combustion unit unless one of 
four employees is on duty:
    (a) A fully certified chief facility operator.
    (b) A provisionally certified chief facility operator who is 
scheduled to take the full certification exam.
    (c) A fully certified shift supervisor.
    (d) A provisionally certified shift supervisor who is scheduled to 
take the full certification exam.


Sec. 60.1195  What if all the certified operators must be temporarily 
offsite?

    If the certified chief facility operator and certified shift 
supervisor both 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 are 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 period 
when the certified chief facility operator and certified shift 
supervisor are offsite and include this information in the annual 
report as specified under Sec. 60.1410(l).
    (c) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks, and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator. However, you must take two actions:
    (1) Notify the Administrator in writing. In the notice, state what 
caused the absence and what you are doing to ensure that a certified 
chief facility operator or certified shift supervisor is onsite.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks following the initial notification. If the 
Administrator notifies you that your status report or corrective action 
summary is disapproved, the municipal waste combustion unit may 
continue operation for 90 days, but then must cease operation. If 
corrective actions are taken in the 90-day period such that the 
Administrator withdraws the disapproval, municipal waste combustion 
unit operation may continue.

Good Combustion Practices: Operating Requirements


Sec. 60.1200  What are the operating practice requirements for my 
municipal waste combustion unit?

    (a) You must not operate your municipal waste combustion unit at 
loads greater than 110 percent of the maximum demonstrated unit load of 
the municipal waste combustion unit (4-hour block average), as 
specified under ``Definitions'' (Sec. 60.1465).
    (b) You must not operate your municipal waste combustion unit so 
that the temperature at the inlet of the particulate matter control 
device exceeds 17 deg.C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec. 60.1465).
    (c) If your municipal waste combustion unit uses activated carbon 
to control 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. 60.1460(f).
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator or delegated State authority permits 
you to do any of five activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.


Sec. 60.1205  What happens to the operating requirements during periods 
of startup, shutdown, and malfunction?

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

Emission Limits


Sec. 60.1210  What pollutants are regulated by this subpart?

    Eleven pollutants, in four groupings, are regulated:
    (a) Organics. Dioxins/furans.
    (b) Metals. 
    (1) Cadmium.
    (2) Lead.
    (3) Mercury.
    (4) Opacity.
    (5) Particulate matter.
    (c) Acid gases.
    (1) Hydrogen chloride.
    (2) Nitrogen oxides.

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    (3) Sulfur dioxide.
    (d) Other.
    (1) Carbon monoxide.
    (2) Fugitive ash.


Sec. 60.1215  What emission limits must I meet? By when?

    You must meet the emission limits specified in tables 1 and 2 of 
this subpart. You must meet these limits 60 days after your municipal 
waste combustion unit reaches the maximum load level but no later than 
180 days after its initial startup.


Sec. 60.1220  What happens to the emission limits during periods of 
startup, shutdown, and malfunction?

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

Continuous Emission Monitoring


Sec. 60.1225  What types of continuous emission monitoring must I 
perform?

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


Sec. 60.1230  What continuous emission monitoring systems must I 
install for gaseous pollutants?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, 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 I municipal waste combustion unit, 
you must also monitor the oxygen (or carbon dioxide) concentration at 
the location where you monitor nitrogen oxides.
    (d) You may choose to monitor carbon dioxide instead of oxygen as a 
diluent gas. If you choose to monitor carbon dioxide, then an oxygen 
monitor is not required, and you must follow the requirements in 
Sec. 60.1255.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install a continuous 
emission monitoring system for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.


Sec. 60.1235  How are the data from the continuous emission monitoring 
systems used?

    You must use data from the continuous emission monitoring systems 
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate 
continuous compliance with the emission limits specified in tables 1 
and 2 of this subpart. To demonstrate compliance for dioxins/furans, 
cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, 
and fugitive ash, see Sec. 60.1290.


Sec. 60.1240  How do I make sure my continuous emission monitoring 
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure oxygen (or 
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal 
waste combustion units only), and carbon monoxide.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 60 days after your municipal waste combustion 
unit reaches the maximum load level at which it will operate, but no 
later than 180 days after its initial startup.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide) 
continuous emission monitoring system, your sulfur dioxide, nitrogen 
oxides, or carbon monoxide continuous emission monitoring systems, as 
appropriate, and the appropriate test methods specified in table 3 of 
this subpart. Collect 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 
4 of this subpart shows the performance specifications that apply to 
each continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
These procedures include daily calibration drift and quarterly accuracy 
determinations.


Sec. 60.1245  Am I exempt from any appendix B or appendix F 
requirements to evaluate continuous emission monitoring systems?

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


Sec. 60.1250  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 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. 60.1255  What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?

    You must establish the relationship between oxygen and carbon 
dioxide during the initial evaluation of your continuous emission 
monitoring 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. 60.1260  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, 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

[[Page 47292]]

averages of oxygen (or carbon dioxide) data from your continuous 
emission monitoring system to determine the actual oxygen (or carbon 
dioxide) level and to calculate emissions at 7 percent oxygen (or the 
equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average. Section 60.13(e)(2) 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. 60.1410(e).
    (e) If you do not obtain the minimum data required in paragraphs 
(a) and (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations and percent reductions in accordance with Sec. 60.1265.


Sec. 60.1265  How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units for this standard?

    (a) Use the equation in Sec. 60.1460(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 I 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. 60.1270  What is required for my continuous opacity monitoring 
system and how are the data used?

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec. 60.13 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 within 60 days after your 
municipal waste combustion unit reaches the maximum load level at which 
it will operate, but no more than 180 days after its initial startup.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 12 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9, as 
specified in Sec. 60.1300, to determine compliance with the emission 
limit for opacity in table 1 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. 60.1275  What additional requirements must I meet for the 
operation of my continuous emission monitoring systems and continuous 
opacity monitoring system?

    Use the required span values and applicable performance 
specifications in table 4 of this subpart.


Sec. 60.1280  What must I do if my continuous emission monitoring 
system is temporarily unavailable to meet the data collection 
requirements?

    Refer to table 5 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.

Stack Testing


Sec. 60.1285  What types of stack tests must I conduct?

    Conduct initial and annual stack tests to measure the emission 
levels of dioxins/furans, cadmium, lead, mercury, particulate matter, 
opacity, hydrogen chloride, and fugitive ash.


Sec. 60.1290  How are the stack test data used?

    You must use results of stack tests for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, hydrogen chloride, and 
fugitive ash to demonstrate compliance with the emission limits in 
table 1 of this subpart. To demonstrate compliance for carbon monoxide, 
nitrogen oxides, and sulfur dioxide, see Sec. 60.1235.


Sec. 60.1295  What schedule must I follow for the stack testing?

    (a) Conduct initial stack tests for the pollutants listed in 
Sec. 60.1285 within 60 days after your municipal waste combustion unit 
reaches the maximum load level at which it will operate, but no later 
than 180 days after its initial startup.
    (b) Conduct annual stack tests for these pollutants after the 
initial stack test. Conduct each annual stack test within 12 months 
after the previous stack test.


Sec. 60.1300  What test methods must I use to stack test?

    (a) Follow table 5 of this subpart to establish the sampling 
location and to determine pollutant concentrations, number of traverse 
points, individual test methods, and other specific testing 
requirements for the different pollutants.
    (b) Make sure that stack tests for all 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 emission limits in table 1 of this subpart.
    (c) Obtain an oxygen (or carbon dioxide) measurement at the same 
time as your pollutant measurements to determine diluent gas levels, as 
specified in Sec. 60.1230.
    (d) Use the equations in Sec. 60.1460(a) to calculate emission 
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the 
percent reduction in potential hydrogen chloride emissions, and the 
reduction efficiency for mercury emissions. See the individual test 
methods in table 5 of this subpart for other required equations.


Sec. 60.1305  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In 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

[[Page 47293]]

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 7 nanograms 
per dry standard cubic meter (total mass) 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 7 nanograms per dry standard cubic meter (total 
mass), you may continue stack tests on only one municipal waste 
combustion unit subject to this subpart per year.
    (3) If any annual stack test indicates levels of dioxin/furan 
emissions greater than 7 nanograms per dry standard cubic meter (total 
mass), conduct subsequent annual stack tests on all municipal waste 
combustion units subject to this subpart at your plant. You may return 
to testing one municipal waste combustion unit subject to this subpart 
per year if you can demonstrate dioxin/furan emission levels less than 
7 nanograms per dry standard cubic meter (total mass) for all municipal 
waste combustion units at your plant subject to this subpart for 2 
consecutive years.


Sec. 60.1310  May I deviate from the 12-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 12-month testing schedules specified 
in Secs. 60.1295(b) and 60.1305(b)(1) unless you apply to the 
Administrator for an alternative schedule, and the Administrator 
approves your request for alternative scheduling prior to the date on 
which you would otherwise have been required to conduct the next stack 
test.

Other Monitoring Requirements


Sec. 60.1315  Must I meet other requirements for continuous monitoring?

    You must also monitor three operating parameters:
    (a) Load level of each municipal waste combustion unit.
    (b) Temperature of flue gases at the inlet of your particulate 
matter air pollution control device.
    (c) Carbon feed rate if activated carbon is used to control dioxin/
furan or mercury emissions.


Sec. 60.1320  How do I monitor the load of my municipal waste 
combustion unit?

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms 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. 60.1325  How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?

    You must install, calibrate, maintain, and operate a device to 
continuously measure the temperature of the flue gas stream at the 
inlet of each particulate matter control device.


Sec. 60.1330  How do I monitor the injection rate of activated carbon?

    If your municipal waste combustion unit uses activated carbon to 
control 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. 60.1335  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 a minimum, 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

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of this data collection requirement and you must notify the 
Administrator according to Sec. 60.1410(e).

Recordkeeping


Sec. 60.1340  What records must I keep?

    You must keep five types of records:
    (a) Materials separation plan and siting analysis.
    (b) Operator training and certification.
    (c) Stack tests.
    (d) Continuously monitored pollutants and parameters.
    (e) Carbon feed rate.


Sec. 60.1345  Where must I keep my records and for how long?

    (a) Keep all records onsite in paper copy or electronic format 
unless the Administrator approves another format.
    (b) Keep all records on each municipal waste combustion unit for at 
least 5 years.
    (c) Make all records available for submittal to the Administrator, 
or for onsite review by an inspector.


Sec. 60.1350  What records must I keep for the materials separation 
plan and siting analysis?

    You must keep records of five items:
    (a) The date of each record.
    (b) The final materials separation plan.
    (c) The siting analysis.
    (d) A record of the location and date of the public meetings.
    (e) Your responses to the public comments received during the 
public comment periods.


Sec. 60.1355  What records must I keep for operator training and 
certification?

    You must keep records of six items:
    (a) Records of provisional certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
are provisionally certified by the American Society of Mechanical 
Engineers or an equivalent State-approved certification program.
    (2) Dates of the initial provisional certifications.
    (3) Documentation showing current provisional certifications.
    (b) Records of full certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
are fully certified by the American Society of Mechanical Engineers or 
an equivalent State-approved certification program.
    (2) Dates of initial and renewal full certifications.
    (3) Documentation showing current full certifications.
    (c) Records showing completion of the operator training course. 
Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
have completed the EPA or State municipal waste combustion operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of the operator training 
course.
    (d) Records of reviews for plant-specific operating manuals. 
Include three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 8 hours, but less than 2 weeks, 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.
    (2) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause these people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.


Sec. 60.1360  What records must I keep for stack tests?

    For stack tests required under Sec. 60.1285, you must keep records 
of four items:
    (a) The results of the stack tests for eight pollutants or 
parameters recorded in the appropriate units of measure specified in 
table 1 of this subpart:
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) Test reports including supporting calculations that document 
the results of all stack tests.
    (c) The maximum demonstrated load of your municipal waste 
combustion units and maximum temperature at the inlet of your 
particulate matter control device during all stack tests for dioxin/
furan emissions.
    (d) The calendar date of each record.


Sec. 60.1365  What records must I keep for continuously monitored 
pollutants or parameters?

    You must keep records of eight items:
    (a) Records of monitoring data. Document six parameters measured 
using continuous monitoring systems:
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) For Class I municipal waste combustion units only, all 1-hour 
average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average load levels of your municipal waste 
combustion unit.
    (6) All 1-hour average flue gas temperatures at the inlet of the 
particulate matter control device.
    (b) Records of average concentrations and percent reductions. 
Document five parameters:
    (1) All 24-hour daily block geometric average concentrations of 
sulfur dioxide emissions or average percent reductions of sulfur 
dioxide emissions.
    (2) For Class I municipal waste combustion units only, all 24-hour 
daily arithmetic average concentrations of nitrogen oxides emissions.
    (3) All 4-hour block or 24-hour daily block arithmetic average 
concentrations of carbon monoxide emissions.
    (4) All 4-hour block arithmetic average load levels of your 
municipal waste combustion unit.
    (5) All 4-hour block arithmetic average flue gas temperatures at 
the inlet of the particulate matter control device.
    (c) Records of exceedances. Document three items:
    (1) Calendar dates whenever any of the five pollutant or parameter 
levels recorded in paragraph (b) 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.

[[Page 47295]]

    (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. 60.1260 and 60.1335. Record these dates 
for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took, or are taking, to obtain the 
required amount of data.
    (e) Records of exclusions. Document each time you have excluded 
data from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load levels of your municipal waste combustion unit.
    (5) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (f) Records of drift and accuracy. Document the results of your 
daily drift tests and quarterly accuracy determinations according to 
procedure 1 of appendix F of this part. Keep these records for the 
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion 
units only), and carbon monoxide continuous emissions monitoring 
systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you chose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec. 60.1255.
    (h) Records of calendar dates. Include the calendar date on each 
record.


Sec. 60.1370  What records must I keep for municipal waste combustion 
units that use activated carbon?

    For municipal waste combustion units that use activated carbon to 
control 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. 60.1460(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant. 
Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined 
during the most recent stack test for 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. 60.1335.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to get the required 
amount of data.
    (d) Records of exclusions. Document each time you have excluded 
data from your calculation of average carbon feed rates and the reasons 
the data were excluded.
    (e) Records of calendar dates. Include the calendar date on each 
record.

Reporting


Sec. 60.1375  What reports must I submit before I submit my notice of 
construction?

    (a) If you are required to submit an application for a construction 
permit under 40 CFR, part 51, subpart I, or part 52, you must submit 
five items by the date you submit your application.
    (1) Your draft materials separation plan, as specified in 
Sec. 60.1065.
    (2) Your revised materials separation plan, as specified in 
Sec. 60.1085(c).
    (3) Your notice of the initial public meeting for your draft 
materials separation plan, as specified in Sec. 60.1070(b).
    (4) A transcript of the initial public meeting, as specified in 
Sec. 60.1080(f).
    (5) The document that summarizes your responses to the public 
comments you received during the initial public comment period, as 
specified in Sec. 60.1085(a).
    (b) If you are not required to submit an application for a 
construction permit under 40 CFR part 51, subpart I, or part 52, you 
must submit the items in paragraph (a) of this section with your notice 
of construction.


Sec. 60.1380  What must I include in my notice of construction?

    (a) Include ten items:
    (1) A statement of your intent to construct the municipal waste 
combustion unit.
    (2) The planned initial startup date of your municipal waste 
combustion unit.
    (3) The types of fuels you plan to combust in your municipal waste 
combustion unit.
    (4) The capacity of your municipal waste combustion unit including 
supporting capacity calculations, as specified in Sec. 60.1460(d) and 
(e).
    (5) Your siting analysis, as specified in Sec. 60.1125.
    (6) Your final materials separation plan, as specified in 
Sec. 60.1100(b).
    (7) Your notice of the second public meeting (siting analysis 
meeting), as specified in Sec. 60.1130(b).
    (8) A transcript of the second public meeting, as specified in 
Sec. 60.1140(d).
    (9) A copy of the document that summarizes your responses to the 
public comments you received during the second public comment period, 
as specified in Sec. 60.1145(a).
    (10) Your final siting analysis, as specified in Sec. 60.1145(c).
    (b) Submit your notice of construction no later than 30 days after 
you commence construction, reconstruction,

[[Page 47296]]

or modification of your municipal waste combustion unit.


Sec. 60.1385  What reports must I submit after I submit my notice of 
construction and in what form?

    (a) Submit an initial report and annual reports, plus semiannual 
reports for any emission or parameter level that does not meet the 
limits specified in this subpart.
    (b) Submit all reports on paper, postmarked on or before the 
submittal dates in Secs. 60.1395, 60.1405, and 60.1420. If the 
Administrator agrees, you may submit electronic reports.
    (c) Keep a copy of all reports required by Secs. 60.1400, 60.1410, 
and 60.1425 onsite for 5 years.


Sec. 60.1390  What are the appropriate units of measurement for 
reporting my data?

    See tables 1 and 2 of this subpart for appropriate units of 
measurement.


Sec. 60.1395  When must I submit the initial report?

    As specified in subpart A of this part, submit your initial report 
within 60 days after your municipal waste combustion unit reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup.


Sec. 60.1400  What must I include in my initial report?

    You must include seven items:
    (a) The emission levels measured on the date of the initial 
evaluation of your continuous emission monitoring systems for all of 
the following five pollutants or parameters as recorded in accordance 
with Sec. 60.1365(b).
    (1) The 24-hour daily geometric average concentration of sulfur 
dioxide emissions or the 24-hour daily geometric percent reduction of 
sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, the 24-hour 
daily arithmetic average concentration of nitrogen oxides emissions.
    (3) The 4-hour block or 24-hour daily arithmetic average 
concentration of carbon monoxide emissions.
    (4) The 4-hour block arithmetic average load level of your 
municipal waste combustion unit.
    (5) The 4-hour block arithmetic average flue gas temperature at the 
inlet of the particulate matter control device.
    (b) The results of the initial stack tests for eight pollutants or 
parameters (use appropriate units as specified in table 2 of this 
subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash emissions.
    (c) The test report that documents the initial stack tests 
including supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of this part in conducting the evaluation.
    (e) The maximum demonstrated load of your municipal waste 
combustion unit and the maximum demonstrated temperature of the flue 
gases at the inlet of the particulate matter control device. Use values 
established during your initial stack test for 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. 60.1370(a)(1) and (2).
    (g) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and 
carbon dioxide, as specified in Sec. 60.1255.


Sec. 60.1405  When must I submit the annual report?

    Submit the annual report no later than February 1 of each year that 
follows the calendar year in which you collected the data. If you have 
an operating permit for any unit under title V of the Clean Air Act, 
the permit may require you to submit semiannual reports. Parts 70 and 
71 of this chapter contain program requirements for permits.


Sec. 60.1410  What must I include in my annual report?

    Summarize data collected for all pollutants and parameters 
regulated under this subpart. Your summary must include twelve items:
    (a) The results of the annual stack test, using appropriate units, 
for eight pollutants, as recorded under Sec. 60.1360(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Particulate matter.
    (6) Opacity.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average levels recorded, in the 
appropriate units. List these values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class 1 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. 60.1365(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. 60.1460(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant.
    (e) The total number of days that you did not obtain the minimum 
number of hours of data for six pollutants or parameters. Include the 
reasons you did not obtain the data and corrective actions that you 
have taken to obtain the data in the future. Include data on:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (f) The number of hours you have excluded data from the calculation 
of average levels (include the reasons for excluding it). Include data 
for six pollutants or parameters:

[[Page 47297]]

    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (g) A notice of your intent to begin a reduced stack testing 
schedule for dioxin/furan emissions during the following calendar year, 
if you are eligible for alternative scheduling (Sec. 60.1305 (a) or 
(b)).
    (h) A notice of your intent to begin a reduced stack testing 
schedule for other pollutants during the following calendar year, if 
you are eligible for alternative scheduling (Sec. 60.1305(a)).
    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year. 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. 60.1255.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 8 
hours.


Sec. 60.1415  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. 60.1420  If a semiannual report is required, when must I submit 
it?

    (a) For data collected during the first half of a calendar year, 
submit your semiannual report by August 1 of that year.
    (b) For data you collected during the second half of the calendar 
year, submit your semiannual report by February 1 of the following 
year.


Sec. 60.1425  What must I include in the semiannual out-of-compliance 
reports?

    You must include three items in the semiannual report:
    (a) For any of the following six pollutants or parameters that 
exceeded the limits specified in this subpart, include the calendar 
date they exceeded the limits, the averaged and recorded data for that 
date, the reasons for exceeding the limits, and your corrective 
actions:
    (1) Concentration or percent reduction of sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, 
concentration of nitrogen oxides emissions.
    (3) Concentration of carbon monoxide emissions.
    (4) Load level of your municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of your particulate 
matter air pollution control device.
    (6) Average 6-minute opacity level.
    (b) If the results of your annual stack tests (as recorded in 
Sec. 60.1360(a)) show emissions above the limits specified in table 1 
of this subpart for dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash, include a copy of 
the test report that documents the emission levels and your corrective 
actions.
    (c) For municipal waste combustion units that apply activated 
carbon to control 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. 60.1370(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. 60.1430  Can reporting dates be changed?

    (a) If the Administrator agrees, you may change the semiannual or 
annual reporting dates.
    (b) See Sec. 60.19(c) in subpart A of this part for procedures to 
seek approval to change your reporting date.

Air Curtain Incinerators That Burn 100 Percent Yard Waste


Sec. 60.1435  What is an air curtain incinerator?

    An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor.


Sec. 60.1440  What is yard waste?

    Yard waste is grass, grass clippings, bushes, shrubs, and clippings 
from bushes and shrubs. They come from residential, commercial/retail, 
institutional, or industrial sources as part of maintaining yards or 
other private or public lands. Yard waste does not include two items:
    (a) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in Sec. 60.1465 of 
this subpart.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec. 60.1465 of this subpart.


Sec. 60.1445  What are the emission limits for air curtain incinerators 
that burn 100 percent yard waste?

    (a) Within 60 days after your air curtain incinerator reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup, you must meet two limits:
    (1) The opacity limit is 10 percent (6-minute average) for air 
curtain incinerators that can combust at least 35 tons per day of 
municipal solid waste and no more than 250 tons per day of municipal 
solid waste.
    (2) The opacity limit is 35 percent (6-minute average) during the 
startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times. Each malfunction must not exceed 3 hours.


Sec. 60.1450  How must I monitor opacity for air curtain incinerators 
that burn 100 percent yard waste?

    (a) Use EPA Reference Method 9 to determine compliance with the 
opacity limit.

[[Page 47298]]

    (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. 60.1455  What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent yard waste?

    (a) Provide a notice of construction that includes four items:
    (1) Your intent to construct the air curtain incinerator.
    (2) Your planned initial startup date.
    (3) Types of fuels you plan to combust in your air curtain 
incinerator.
    (4) The capacity of your incinerator, including supporting capacity 
calculations, as specified in Sec. 60.1460 (d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator 
or for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual 
reporting dates (see Sec. 60.19(c) in subpart A of this part).
    (h) Keep a copy of all reports onsite for a period of 5 years.

Equations


Sec. 60.1460  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using 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 (%PHC1) using the following equation:

%PHC1 = (Ei - Eo) * (100/
Ei)

Where:

%PHC1 = percent reduction of the potential hydrogen chloride 
emissions
Ei = hydrogen chloride emission concentration as measured at 
the air pollution control device inlet, corrected to 7 percent oxygen, 
dry basis
Eo = hydrogen chloride emission concentration as measured at 
the air pollution control device outlet, corrected to 7 percent oxygen, 
dry basis

    (d) Capacity of a municipal waste combustion unit. For municipal 
waste combustion units that can operate continuously for 24-hour 
periods, calculate the municipal waste combustion units capacity based 
on 24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on 
heat input capacity, calculate the maximum charging rate based on 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] TP30AU99.021
    
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. 60.1465  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.

[[Page 47299]]

    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 I units mean small municipal waste combustion units subject 
to this subpart that are located at municipal waste combustion plants 
with an aggregate plant capacity more 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 II units mean small municipal waste combustion units subject 
to this subpart at municipal waste combustion plants with an aggregate 
plant capacity no more 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.
    Clean wood means untreated wood or untreated wood products 
including clean untreated lumber, tree stumps (whole or chipped), and 
tree limbs (whole or chipped). Clean wood does not include two items:
    (1) Yard waste, which is defined elsewhere in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of municipal solid waste in this section.
    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.
    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.
    Materials separation plan means a plan that identifies a goal and 
an approach for separating certain components of municipal solid waste 
for a given service area in order to make the separated materials 
available for recycling. A materials separation plan may include three 
items:
    (1) Elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems.
    (2) Different goals or approaches for different subareas in the 
service area.
    (3) No materials separation activities for certain subareas or, if 
warranted, the entire service area.
    Maximum demonstrated load of a municipal waste combustion unit 
means the highest 4-hour block arithmetic average municipal waste 
combustion unit load achieved during 4 consecutive hours in the course 
of the most recent 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

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promulgation of this subpart 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'' (Sec. 60.1015(a) and (b)).
    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 subject to subparts Ea or 
Eb of this part, or this subpart.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, 
but not limited to, field-erected combustion units (with or without 
heat recovery), modular combustion units (starved-air or excess-air), 
boilers (for example, steam generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Two criteria 
further define 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'' (Sec. 60.1020(h) and (i)). Municipal 
waste combustion units also do not include cement kilns that combust 
municipal solid waste as specified under ``Applicability'' 
(Sec. 60.1020(j)). They 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. 60.1300).
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). 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.

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    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins 6 months or more after [publication 
date of 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.
    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.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 and the procedures specified 
in Sec. 60.1300.
    Twenty-four hour daily average or 24-hour daily average means 
either the arithmetic mean or geometric mean (as specified) of all 
hourly emission concentrations when the municipal waste combustion unit 
operates and combusts municipal solid waste measured during the 24 
hours between 12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or pressure-treated by compounds such as chromate 
copper arsenate, pentachlorophenol, and creosote.
    Waterwall furnace means a municipal waste combustion unit that has 
energy (heat) recovery in the furnace (for example, radiant heat 
transfer section) of the combustion unit.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. They come from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in this section.
    (2) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in this section.

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[FR Doc. 99-21547 Filed 8-27-99; 8:45 am]
BILLING CODE 6560-50-P