[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Proposed Rules]
[Pages 67092-67127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30405]



[[Page 67091]]


_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60



Commericial and Industrial Solid Waste Incineration Units; Proposed 
Standards and Guidelines; Proposed Rules

  Federal Register / Vol. 64, No. 229 / Tuesday, November 30, 1999 / 
Proposed Rules  

[[Page 67092]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6478-9]
RIN 2060-AG31


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed standards and guidelines.

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

SUMMARY: The EPA is proposing standards and guidelines for new and 
existing commercial and industrial solid waste incineration (CISWI) 
units. The standards and guidelines fulfill the requirements of 
sections 111 and 129 of the Clean Air Act (CAA) which require EPA to 
promulgate standards and guidelines for solid waste incineration units. 
These requirements are based on the Administrator's determination that 
these waste incinerators cause, or contribute significantly to, air 
pollution that may reasonably be anticipated to endanger public health 
or welfare. These standards and guidelines will protect public health 
by reducing exposure to air pollution. These regulations address only 
nonhazardous wastes.

DATES: Comments. Comments on the proposed standards and guidelines or 
on the Information Collection Request (ICR) document associated with 
these standards and guidelines must be received on or before January 
31, 2000.
    Public Hearing. The EPA will hold a public hearing if individuals 
request to speak. Persons wishing to speak at a public hearing must 
contact EPA by December 20, 1999. If the EPA receives requests to 
speak, the hearing will take place on January 11, 2000.

ADDRESSES: Comments. Submit comments (in duplicate, if possible) to: 
The Air and Radiation Docket and Information Center, Attn: Docket No. 
A-94-63 (industrial and commercial waste incineration), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT: Rick Crume, Combustion Group, Emission 
Standards Division (MD-13), U.S. EPA, Research Triangle Park, North 
Carolina 27711, (919) 541-5294, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Comment Information. Comments may be submitted electronically via 
electronic mail (e-mail) or on disk. Electronic comments on this 
proposed rule may be filed via e-mail at most Federal Depository 
Libraries. E-mail submittals should be sent to: ``A-and-R-
D[email protected]''. Electronic comments must be submitted as an 
American Standard Code for Information Interchange (ASCII) file 
avoiding the use of special characters or any form of encryption. 
Comments and data will also be accepted on disks or as an e-mail 
attachment in WordPerfect 5.1, 6.1, or Corel 8.0 file 
format or ASCII file format. All comments and data for this proposal, 
whether in paper form or electronic forms such as through e-mail or on 
diskette, must be identified by Docket No. A-94-63. No confidential 
business information should be submitted through e-mail.
    Persons wishing to submit proprietary information for consideration 
must clearly distinguish such information from other comments by 
clearly labeling it ``Confidential Business Information'' (CBI). Submit 
CBI directly to the following address, and not to the public docket, to 
ensure that proprietary information is not inadvertently placed in the 
docket: Attention: Mr. Rick Crume, c/o Ms. Melva Toomer, OAQPS Document 
Control Officer, 411 W. Chapel Hill Street, Room 740B, Durham, North 
Carolina 27701. Information covered by such a claim of confidentiality 
will be disclosed by the EPA only to the extent allowed and by the 
procedures set forth in 40 CFR part 2. If no claim of confidentiality 
is made with the submission, the submission may be made available to 
the public without further notice.
    Public Hearing. If a public hearing is held, it will be held at 
EPA's Office of Administration Auditorium, Research Triangle Park, NC, 
or at an alternate site nearby. Persons wishing to speak at a public 
hearing should contact Libby Bradley, Combustion Group, Emission 
Standards Division (MD-13), U.S. EPA, Research Triangle Park, North 
Carolina 27711, (919) 541-5578.
    Background Information. A list of combustion related rules is 
available on the Combustion Group website on the EPA Technology 
Transfer Network website (TTN Web) at http://www.epa.gov/ttn/uatw/
combust/list.html. You may obtain background information, technical 
documents, and a docket index on these combustion related rules.
    Docket. Docket No. A-94-63 contains the supporting information used 
in developing the proposed standards and guidelines and is available 
for public inspection and copying between 8:00 a.m. and 5:30 p.m., 
Monday through Friday, at the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, telephone (202) 260-7548, fax (202) 260-4000. The 
docket is available at the above address in Room M-1500, Waterside Mall 
(ground floor, central mall). A reasonable fee may be charged for 
copying.
    Regulated Entities. The promulgation of these standards and 
guidelines would affect the following North American Industrial 
Classification System (NAICS) and Standard Industrial Classification 
(SIC) codes:

----------------------------------------------------------------------------------------------------------------
                                                                                        Examples of potentially
              Category                      NAICS code               SIC code             regulated entities
----------------------------------------------------------------------------------------------------------------
Any industry using a solid waste     325....................  28....................  Manufacturers of chemicals
 incinerator as defined in the                                                         and allied products.
 regulations.
                                     325....................  34....................  Manufacturers of
                                                                                       electronic equipment.
                                     421....................  36....................  Manufacturers of wholesale
                                                                                       trade, durable goods.
                                     321, 337...............  24, 25................  Manufacturers of lumber
                                                                                       and wood furniture.
Any State, local, or Tribal          922....................  9229..................  Law enforcement agencies.
 government using a solid waste
 incinerator as defined in the
 regulations.
Any Federal government agency using  928....................  9711..................  Department of defense
 a solid waste incinerator as                                                          (labs, military bases,
 defined in the regulations.                                                           munition facilities).
Any university using a solid waste   6113...................  8221..................  Research centers.
 incinerator as defined in the
 regulations.
----------------------------------------------------------------------------------------------------------------


[[Page 67093]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists examples of the types of entities that EPA is 
now aware could potentially be regulated by this action. Other types of 
entities not listed in this table could also be affected. To determine 
whether your facility, company, business organization, etc., is 
regulated by this action, you should carefully examine the 
applicability criteria in 40 CFR 60.2010 of subpart CCCC and 40 CFR 
60.2505 of subpart DDDD. If you have any questions regarding the 
applicability of this action to your solid waste incineration unit, 
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
    A. What information is covered in this preamble and how is it 
organized?
    B. Where in the Code of Federal Regulations will these standards 
and guidelines be codified?
    C. What is the regulatory development background of this source 
category?
    D. What is the statutory authority for these standards?
    E. What are new source performance standards?
    F. What are emission guidelines?
    G. How are the emission guidelines implemented?
II. Summary of the Standards and Guidelines
    A. Do the proposed standards and guidelines apply to me?
    B. What emission limits must I meet?
    C. What are the other requirements for new and existing units?
    D. What are the requirements for air curtain incinerators?
III. Rationale of the Standards and Guidelines
    A. How did EPA determine which pollution sources would be 
regulated under the proposed standards and guidelines?
    B. How did EPA select the format for the proposed standards and 
guidelines?
    C. How did EPA determine the proposed emission limits for new 
units?
    D. How did EPA determine the proposed emission limits for 
existing units?
    E. How did EPA determine testing and monitoring requirements for 
the emission standards and guidelines?
    F. How did EPA determine compliance times for the emission 
standards and guidelines?
    G. How did EPA determine the required records and reports for 
the emission standards and guidelines?
    H. How did EPA determine operator training and qualification 
requirements for the emission standards and guidelines?
    I. How did EPA determine the waste management plan requirements?
    J. How did EPA determine the siting requirements for new units?
    K. How does this regulation affect permits?
IV. Impacts of the Proposed Standards for New Units
    A. What are the air impacts?
    B. What are the water and solid waste impacts?
    C. What are the energy impacts?
    D. What are the control costs and economic impacts?
V. Impacts of the Proposed Guidelines for Existing Units
    A. What are the air impacts?
    B. What are the water and solid waste impacts?
    C. What are the energy impacts?
    D. What are the control costs and economic impacts?
VI. Definition of Solid Waste
VII. Public Participation and Request for Comments
VIII. Administrative Requirements
    A. Public Hearing
    B. Docket
    C. Executive Order 12866: Regulatory Planning and Review
    D. Regulatory Flexibility Act/Small Business Regulatory 
Enforcement Fairness Act (SBREFA)
    E. Paperwork Reduction Act
    F. Unfunded Mandates Reform Act
    G. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    H. National Technology Transfer and Advancement Act
    I. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    J. Executive Order 13132: Federalism

Abbreviations and Acronyms Used in This Document

ASCII--American Standard Code for Information Interchange
ASME--American Society of Mechanical Engineers
Btu--British thermal units
CBI--Confidential Business Information
CAA--Clean Air Act
CEMS--Continuous emission monitoring systems
CFR--Code of Federal Regulations
CISWI--Commercial and industrial solid waste incineration
EPA--Environmental Protection Agency
FACA--Federal Advisory Committee Act
FR--Federal Register
HMIWI--Hospital/medical/infectious waste incineration
ICCR--Industrial Combustion Coordinated Rulemaking
ICR--Information Collection Request
kg/hr--Kilograms per hour
kWh/yr--Kilowatt hours per year
lbs/hr--Pounds per hour
MACT--Maximum achievable control technology
mg/dscm--Milligrams per dry standard cubic meter
Mg/yr--Megagrams per year
MWC--Municipal waste combustor
NAICS--North American Industrial Classification System
ng/dscm--Nanograms per dry standard cubic meter
NSPS--New source performance standards
NTTAA--National Technology Transfer and Advancement Act
OMB--Office of Management and Budget
Pub. L.--Public Law
ppm--parts per million
RFA--Regulatory Flexibility Act
SBREFA--Small Business Regulatory Enforcement Fairness Act
SIC--Standard Industrial Classification
SWDA--Solid Waste Disposal Act
TTN Web--Technology Transfer Network Website
UMRA--Unfunded Mandates Reform Act
U.S.C.--United States Code

I. Background Information

A. What Information Is Covered in This Preamble and How Is It 
Organized?

    In this preamble, EPA summarizes the important features of these 
proposed standards and guidelines that apply to CISWI units. This 
preamble describes the environmental, energy, and economic impacts of 
these standards and guidelines; describes the basis for each of the 
decisions made regarding the proposed standards and guidelines; 
requests public comments on certain issues; and discusses 
administrative requirements relative to this action.

B. Where in the Code of Federal Regulations Will These Standards and 
Guidelines Be Codified?

    The Code of Federal Regulations (CFR) is a codification of the 
general and permanent rules published in the Federal Register by the 
Executive departments and agencies of the Federal Government. The code 
is divided into 50 titles that represent broad areas subject to Federal 
regulation. These proposed rules for solid waste incineration units 
would be published in Title 40, Protection of the Environment. Part 60 
of title 40 includes standards of performance for new stationary 
sources and emission guidelines and compliance times for existing 
sources. The table below lists the subparts in which the standards and 
guidelines will be codified.

------------------------------------------------------------------------
        Title of the regulation           Subpart in title 40, part 60
------------------------------------------------------------------------
Standards of Performance for New        Subpart CCCC.
 Stationary Sources: Commercial and
 Industrial Solid Waste Incineration
 Units.
Emission Guidelines and Compliance      Subpart DDDD.
 Times for Commercial and Industrial
 Solid Waste Incineration Units.
------------------------------------------------------------------------


[[Page 67094]]

C. What Is the Regulatory Development Background of This Source 
Category?

    Section 129 of the CAA requires the EPA to develop new source 
performance standards (NSPS) and emission guidelines for ``solid waste 
incineration units combusting commercial or industrial waste.'' On 
December 28, 1994 (59 FR 66850), the EPA published an advance notice of 
proposed rulemaking. That notice requested information and data 
concerning the operation, location, emissions, and emission controls 
for CISWI units. The data from that information request were compiled 
by the EPA to assist in identifying and characterizing CISWI units.
    In September 1996, the EPA chartered the Industrial Combustion 
Coordinated Rulemaking (ICCR) advisory committee under the Federal 
Advisory Committee Act (FACA). The committee's objective was to develop 
recommendations for regulations for several combustion source 
categories under sections 112 and 129 of the CAA. The ICCR advisory 
committee, known as the Coordinating Committee, formed Source Work 
Groups for the various combustor types covered under the ICCR. One work 
group, the Incinerator Work Group, was formed to research issues 
related to CISWI units. The Incinerator Work Group submitted 
recommendations, information, and data analysis results to the 
Coordinating Committee, which in turn considered them and submitted 
recommendations and information to the EPA. The Committee's 
recommendations were considered by EPA in developing these regulations 
for CISWI units. The Committee's 2-year charter expired in September 
1998.
    Pursuant to a February 1995 consent decree (as modified in July 
1997), EPA was required to complete the entry of responses received 
from an ICR (issued by the ICCR) into an electronic database by October 
15, 1997, and to develop regulatory options for the CISWI rulemaking by 
November 16, 1998. The EPA met both of these deadlines. That consent 
decree also requires the Administrator to sign a notice of proposed 
rulemaking to establish emission standards and other requirements 
applicable to commercial and industrial solid waste incinerators, 
pursuant to section 129 of the CAA, by November 15, 1999. Additionally, 
a July 23, 1997 consent decree requires the EPA to promulgate final 
emission standards and other requirements for CISWI units, pursuant to 
section 129, by November 15, 2000.
    This proposed rule satisfies the consent decree requirement for the 
Administrator to sign a notice of proposed rulemaking for emission 
standards applicable to CISWI units by November 15, 1999.

D. What Is the Statutory Authority for These Standards?

    Section 129 of the CAA requires EPA to develop and adopt 
performance standards and emission guidelines for solid waste 
incineration units pursuant to section 111 of the CAA. Section 111(b) 
requires EPA to establish standards of performance for new sources, and 
section 111(d) requires EPA to establish procedures for States to 
submit plans for implementing emission guidelines for existing sources. 
Under section 111, performance standards and guidelines must be 
developed for new and existing stationary sources that cause or 
contribute significantly to air pollution that may reasonably be 
anticipated to endanger public health or welfare.
    Congress specifically added section 129 to the CAA to address 
concerns about emissions from solid waste combustion units. Under 
section 129, the standards and guidelines adopted for solid waste 
combustion units must reflect maximum achievable control technology 
(MACT). The MACT is the maximum degree of reduction in emissions of 
specified air pollutants that the Administrator determines is 
achievable, taking into consideration the cost of achieving the 
reductions and any non-air quality health and environmental impacts and 
energy requirements.

E. What Are New Source Performance Standards?

    The NSPS for solid waste incineration units are developed according 
to sections 111 and 129. These standards apply to new stationary 
sources of emissions, that is, sources whose construction begins after 
a standard is proposed or that are modified on or after a specified 
date. An NSPS is the end product of a series of decisions related to 
certain key elements for the source category being considered for 
regulation. The key elements in this rulemaking are generally defined 
as:
    1. Source category to be regulated means the industries or types of 
processes that are regulated. Today's proposed standards apply to the 
CISWI category specified in section 129.
    2. Affected facility means the solid waste incineration units that 
will be sources subject to the NSPS. Today's proposed standards will 
affect each individual CISWI unit.
    3. Pollutants to be regulated means the particular substances 
emitted by the affected facility that the standards regulate. Section 
129 specifies nine pollutants: cadmium, carbon monoxide, dioxins/
furans, fine and total particulate matter, hydrogen chloride, lead, 
mercury, oxides of nitrogen, and sulfur dioxide. Opacity standards may 
also be required as appropriate. The EPA is not proposing emission 
limits for fine particulate matter because testing and monitoring 
methods are not available. The section 129 pollutants represent the 
minimum requirements; EPA can add other pollutants, if appropriate, but 
has elected not to do so in this rulemaking.
    4. Maximum achievable control technology means the technology on 
which the emission standards will be based. Section 129(a)(2) specifies 
that standards be based on ``the maximum degree of reduction in 
emissions * * * that the Administrator, taking into consideration the 
cost of achieving such emission reduction, and any non-air quality 
health and environmental impacts and energy requirements, determines is 
achievable * * *.'' (Note that solid waste incineration standards under 
section 129 are different from typical NSPS under section 111, which 
are based on ``best demonstrated technology'' rather than MACT.)
    5. Format for the standards means the form in which the standards 
are expressed; for example, as pollutant concentration emission limits, 
as a percent reduction in emissions, or as equipment or work practice 
standards. Section 129 also directs EPA to establish siting 
requirements for new incineration units and operator certification and 
training requirements for all units.
    6. Actual standards generally means emission limits based on the 
level of reduction that the MACT can achieve. Under certain 
circumstances, it may not be possible to develop emission limits if the 
level of performance cannot be identified. Only in unusual cases do 
standards require that a specific technology be used. In general, the 
source owner or operator may select any method for complying with the 
standards.
    7. Other considerations in addition to emission limits for NSPS 
usually include: standards for visible emissions, modification and 
reconstruction provisions, monitoring requirements, performance test 
methods and compliance procedures, and reporting and recordkeeping 
requirements.

F. What Are Emission Guidelines?

    Emission guidelines are similar to the NSPS, except that they apply 
to existing sources, that is, sources whose construction begins on or 
before the date a standard is proposed or that are

[[Page 67095]]

modified before a specified date. Unlike NSPS, the emission guidelines 
are not enforceable until EPA approves a State plan or adopts a Federal 
plan for implementing and enforcing them, and the State or Federal plan 
becomes effective.

G. How Are the Emission Guidelines Implemented?

    When standards of performance for solid waste incineration units 
are promulgated under sections 111 and 129, the CAA requires States 
under sections 111(d) and 129(b) to submit plans that: (1) Establish 
emission standards for existing sources and (2) provide for 
implementation and enforcement of these emission standards.
    States are required to adopt and submit to the Administrator a 
State plan implementing the emission guidelines within 1 year after the 
promulgation of the guidelines (section 129(b)(2)). The State plan 
carries out and provides for enforcing the emission guidelines. Section 
129 provides that the State plan for existing incineration units must 
be at least as protective as the emission guidelines and must provide 
for compliance by affected facilities no later than 3 years after the 
Administrator approves the State plan, but no later than 5 years after 
EPA promulgates the guidelines. The CAA (section 111(d)) further 
requires that the procedures for submitting a State plan must be 
similar to the procedures for submitting State implementation plans 
under section 110 of the CAA. (The EPA has established specific 
procedures in 40 CFR part 60, subpart B.) Sections 111(d) and 129(b) 
also require EPA to develop, implement, and enforce a Federal plan if a 
State fails to submit a satisfactory State plan.

II. Summary of the Standards and Guidelines

    This preamble discusses the proposed standards and guidelines as 
they apply to ``you,'' the owner or operator of a new or existing CISWI 
unit. This preamble describes the major requirements of the CISWI 
regulations. For a full description of the proposed requirements and 
compliance times, see the attached regulations.

A. Do the Proposed Standards and Guidelines Apply to Me?

    The proposed standards and guidelines apply to you if you own or 
operate an incineration unit burning solid waste (as defined in 
Secs. 60.2245 and 60.2850) at any commercial or industrial facility. A 
commercial or industrial solid waste incineration unit is considered an 
enclosed device using controlled flame combustion that burns solid 
waste, or an air curtain incinerator that burns solid waste, and that 
is a distinct operating unit of any commercial or industrial facility. 
Note that the definition of solid waste includes solid, liquid, 
semisolid, or contained gaseous materials.
    Incineration units that burn more than 90 percent by weight (on an 
instantaneous basis) pathological waste or agricultural waste (as 
defined in Secs. 60.2245 and 60.2850) are not covered by the proposed 
standards and guidelines. Additionally, incineration units that are 
regulated under any of the following existing standards or guidelines 
are not covered by the proposed standards or guidelines:

     Subpart Cb of this part (Emission Guidelines and 
Compliance Times for Municipal Waste Combustors That Are Constructed 
on or Before December 19, 1995).
     Subpart Ce of this part (Emission Guidelines and 
Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
     Subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors).
     Subpart Eb of this part (Standards of Performance for 
Municipal Waste Combustors for Which Construction is Commenced After 
September 20, 1994).
     Subpart Ec of this part (Standards of Performance for 
Hospital/Medical/Infectious Waste Incinerators for Which 
Construction is Commenced After June 20, 1996).
     Subpart AAAA of this part (Standards of Performance for 
New Stationary Sources: Small Municipal Waste Combustion Units).
     Subpart BBBB of this part (Emission Guidelines: Small 
Municipal Waste Combustion Units).

    Section 129(g)(1) of the CAA excludes the following incineration 
units from the definition of a solid waste incineration unit:

     Incinerators or other units required to have a permit 
under section 3005 of the Solid Waste Disposal Act (e.g., hazardous 
waste incinerators).
     Materials recovery facilities (including primary or 
secondary smelters) which combust waste for the primary purpose of 
recovering metals.
     Qualifying small power production facilities, as 
defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 
769(17)(C)), or qualifying cogeneration facilities, as defined in 
section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), 
which burn homogeneous waste (such as units which burn tires or used 
oil, but not including refuse-derived fuel) for the production of 
electric energy or in the case of qualifying cogeneration facilities 
which burn homogeneous waste for the production of electric energy 
and steam or forms of useful energy (such as heat) which are used 
for industrial, commercial, heating or cooling purposes.

    Therefore, these units are not covered by the proposed standards 
and guidelines. The CAA also specifies that air curtain incinerators 
that burn 100 percent wood waste and clean lumber and that comply with 
opacity limitations established by the Administrator are excluded from 
the definition of solid waste incineration unit. Therefore, the 
requirements for air curtain incinerators that burn 100 percent wood 
waste and clean lumber are limited to opacity limits and associated 
recordkeeping and reporting requirements.
    If you began the construction of your unit on or before November 
30, 1999 it is considered an existing unit and is subject to the 
emission guidelines. If you began the construction of your unit after 
November 30, 1999 it is considered a new unit and is subject to the 
NSPS. If you began reconstruction or modification of your unit prior to 
6 months after promulgation of the rule it is considered an existing 
unit and is subject to the emission guidelines. Likewise, if you began 
reconstruction or modification of your unit 6 months (or later) after 
promulgation of this subpart it is considered a new unit and is subject 
to the NSPS.

B. What Emission Limits Must I Meet?

    As the owner or operator of a new or existing CISWI unit, you would 
be required to meet the emission limits specified in table 1. You must 
do a stack test to show compliance within 60 days after a new CISWI 
unit reaches the charge rate at which it will operate, but no later 
than 180 days after the unit's initial start-up. As the owner or 
operator of an existing CISWI unit, you would be required to meet the 
emission limits specified in table 1 within 3 years after the 
Administrator approves the State plan or promulgates a Federal plan. 
Each existing CISWI unit must be in compliance with these emission 
guidelines within 5 years of promulgation of the guidelines.

[[Page 67096]]



       Table 1.--Emission Limits for New and Existing CISWI Units
------------------------------------------------------------------------
                                                          And determine
     For these pollutants         You must meet these   compliance using
                                   emission limitsa       these methods
------------------------------------------------------------------------
Cadmium.......................  0.03 mg/dscm..........  EPA Method 29.
Carbon Monoxide...............  157 ppm by dry volume.  Not required.
Dioxins/Furans (total mass      0.37 ng/dscm..........  EPA Method 23.
 basis).
Hydrogen Chloride.............  62 ppm by dry volume..  EPA Method 26.
Lead..........................  2.1 mg/dscm...........  EPA Method 29.
Mercury.......................  0.005 mg/dscm.........  EPA Method 29.
Opacity.......................  10 percent............  EPA Method 9.
Oxides of Nitrogen............  388 ppm by dry volume.  Not required.
Particulate Matter............  70 mg/dscm............  EPA Method 5 or
                                                         29.
Sulfur Dioxide................  20 ppm by dry volume..  EPA Method 6.
------------------------------------------------------------------------
a All emission limits are measured at 7 percent oxygen, dry basis at
  standard conditions.

C. What Are the Other Requirements for New and Existing Units?

    As the owner or operator of a new or existing CISWI unit, you would 
be required to meet the following additional requirements.
    Waste Management Plan:

     Submit a written plan that identifies both the 
feasibility and the approach to separate certain components of solid 
waste from the waste stream to reduce toxic emissions from waste 
incineration.

    Operator Training and Qualification Requirements:

     Qualify operators or their supervisors (at least one 
per facility) by ensuring that they complete the operator training 
course.
     Ensure that qualified operators or their supervisors 
complete an annual review or refresher course specified in the 
regulation.
     Maintain plant-specific information regarding operator 
training and update this information annually.

    Compliance and Stack Testing Requirements:

     Conduct initial stack tests to determine compliance 
with the cadmium, dioxins/furans, hydrogen chloride, lead, mercury, 
opacity, particulate matter, and sulfur dioxide emission limits and 
establish operating parameters.
     Conduct annual stack tests to determine compliance with 
the particulate matter and hydrogen chloride emission limits and 
opacity limit. (An owner or operator may conduct less frequent 
testing if the facility demonstrates it is in compliance with the 
limits for 3 consecutive years.)
     Operate the unit and control equipment so that 
operating parameters do not exceed the established maximum values or 
fall below the established minimum values.

    Monitoring Requirements:

     If using a wet scrubber to comply, install and maintain 
equipment to continuously monitor operating parameters including 
maximum charge rate, minimum pressure drop across the wet scrubber 
(or minimum horsepower or amperage), and scrubber liquid flow rate 
and pH.
     If something other than a wet scrubber is used to 
comply, establish and monitor other site-specific operating 
parameters, as approved by the Administrator.

    Recordkeeping and Reporting Requirements:

     Maintain for 5 years records of the initial stack tests 
and all subsequent stack tests, operating parameters, any 
maintenance, the siting analysis (for new units only), and operator 
training and qualification.
     Submit the results of the initial stack tests and all 
subsequent stack tests and values for the operating parameters.

D. What Are the Requirements for Air Curtain Incinerators?

    Air curtain incinerators operate by forcefully projecting a curtain 
of air across an open chamber or pit in which combustion occurs. These 
units can be constructed above or below ground and with or without 
refractory walls and floors. (Air curtain incinerators are not to be 
confused with conventional combustion devices with enclosed fireboxes 
and controlled air technology such as mass burn, modular, and fluidized 
bed combustors.) Under section 129(g)(1) of the CAA, new and existing 
air curtain incinerators that burn 100 percent wood wastes, yard 
wastes, and clean lumber are not required to comply with the proposed 
CISWI emission limits provided that such incinerators comply with 
opacity limitations to be established by the Administrator. Standards 
and guidelines for municipal waste combustion (MWC) units establish air 
curtain incinerator opacity limits for yard wastes. This proposed rule 
establishes opacity limits for wood wastes and clean lumber.
    The proposed opacity limit for air curtain incinerators burning 100 
percent wood wastes and clean lumber is 10 percent, except 35 percent 
opacity is allowed during start-up periods that are within the first 30 
minutes of operation. These requirements apply at all times except 
during malfunction, which must not exceed 3 hours. The proposed opacity 
limits are based on levels achievable by incineration devices burning 
materials such as municipal and medical waste. Initial and annual 
performance tests for opacity as well as recordkeeping are required.

III. Rationale of the Standards and Guidelines

A. How Did EPA Determine Which Pollution Sources Would Be Regulated 
Under the Proposed Standards and Guidelines?

    The source category for the CISWI standards in subparts CCCC and 
DDDD is new and existing ``solid waste incineration units combusting 
commercial or industrial waste,'' as required by section 129 of the 
CAA. The affected facility is each individual waste combustion unit.
    The CISWI standards in subparts CCCC and DDDD apply to new and 
existing commercial and industrial waste incineration units that burns 
solid waste as defined in the subparts. (Also, see section VI of this 
preamble.) To avoid any potential for overlapping regulations, 
incineration units are not covered under the CISWI standards if they 
are covered by regulations in 40 CFR part 60 for MWC units (subparts 
Cb, Ea, Eb, AAAA, and BBBB); or hospital/medical/infectious waste 
incineration (HMIWI) units (subparts Ce and Ec).
    The CISWI standards also do not apply to incineration units that 
burn greater than 90 percent by weight pathological materials, 
including human remains, animal tissues, and any associated containers 
or bedding materials. The EPA selected a cutoff of 90 percent to 
distinguish those units designed and used primarily for pathological 
material destruction, including human cremation. Units that burn less 
than 90 percent pathological materials are covered under the CISWI 
standards. Additionally, the CISWI standards do not apply to 
incineration units that burn greater than 90 percent

[[Page 67097]]

by weight agricultural wastes, including nut and grain hulls and chaff, 
bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds, 
and other vegetative waste materials generated as a result of 
agricultural operations. The EPA selected a cutoff of 90 percent to 
distinguish those units designed and used primarily for agricultural 
material destruction.
    The MACT floor and the proposed emission limits for each of the 
nine pollutants and opacity in the CISWI category differ somewhat from 
limits established for other categories of incineration units, such as 
HMIWI units, MWC units, and hazardous waste incinerators. Such 
differences are to be expected since each category contains 
incineration units that differ from units in the other categories with 
respect to waste type, incinerator size and design, and emission 
control requirements. Each of these incinerator characteristics can 
have a significant impact on the emissions from an incinerator and, 
consequently, on the data upon which EPA must base its emission 
standards. Because of such differences, EPA has developed individual 
standards for each category of incinerators.
    To clarify which solid waste incineration units are covered by 
section 129 regulations such as these CISWI standards and guidelines, 
the EPA is proposing today a definition of solid waste. The proposed 
definition is discussed in detail in section VI of this preamble. The 
proposed definition applies only to section 129 regulations. The 
definition does not affect any other regulations that control the 
combustion or disposal of solid waste, such as regulations that control 
emissions from burning hazardous waste or other regulations developed 
under the Resource Conservation and Recovery Act.
    Categories may be divided into subcategories when differences (such 
as design, fuel, or waste type, etc.) between given types of units lead 
to corresponding differences in the technical feasibility of applying 
emission control techniques. The design and operating information that 
EPA reviewed to date for CISWI units does not indicate the need for 
subcategorization of this category. For the CISWI category, no 
particular waste type appears to dominate a given design or size range, 
nor does waste type or size appear to determine the technical 
feasibility of control. While the CISWI database and the information 
collected suggest that we have considered all relevant CISWI units, we 
request comment on any classes or types of CISWI units, or CISWI unit 
size considerations, that we have not addressed in this proposed rule. 
Any comments regarding such units should include a discussion about how 
the units should be treated under this rulemaking.

B. How Did EPA Select the Format for the Proposed Standards and 
Guidelines?

    The EPA selected emission limitations as the format for the 
proposed CISWI standards and guidelines. As required by section 129 of 
the CAA, the proposed standards and guidelines would establish 
numerical emission limitations for cadmium, carbon monoxide, dioxins/
furans, hydrogen chloride, lead, mercury, opacity, oxides of nitrogen, 
particulate matter, and sulfur dioxide. For regulating cadmium, lead, 
mercury, and total particulate matter, the EPA is proposing numerical 
concentration limits in milligrams per dry standard cubic meter (mg/
dscm). The EPA is not proposing standards for fine particulate matter 
because monitoring and testing methods are not available.
    Dioxins/furans emission limits are in units of total nanograms per 
dry standard cubic meter (ng/dscm), based on measuring emissions of 
each tetra-through octa-chlorinated dibenzo-p-dioxin and dibenzofuran 
and summing them. For carbon monoxide, hydrogen chloride, oxides of 
nitrogen, and sulfur dioxide, the proposed standards and guidelines are 
volume concentrations (parts per million (ppm) dry volume). Standards 
and guidelines for opacity are proposed on a percentage basis. All 
measurements are corrected to 7 percent oxygen to provide a common 
basis.
    The EPA selected an outlet concentration format because outlet data 
are available for CISWI units using the control technologies that are 
the basis of the MACT emission limits. The individual limits reflect 
the achievable performance of CISWI units using these controls for each 
type of emission.
    In addition to numerical emission limits, the CISWI standards 
include operator training and qualification provisions and siting 
requirements (for new sources only) as required by section 129. Owners 
or operators of a new CISWI unit must also prepare a waste management 
plan.
    The EPA considered an alternative percent reduction format for some 
of the pollutants such as cadmium, dioxins/furans, hydrogen chloride, 
lead, mercury, and sulfur dioxide, but data were insufficient to 
determine the percent reductions the control devices achieve. Given the 
variability of waste materials combusted and the limited emission test 
data available on which to base the emission limits, it is possible 
that some CISWI units burning ``dirtier'' materials may have difficulty 
achieving the proposed emission limits, even when emission controls are 
applied. Consequently, EPA considered including with each of the 
emission limitations, alternative percent reduction requirements to 
ensure that the limits are technically achievable while still reducing 
emissions. However, data upon which to base percent reduction 
requirements were not available. Therefore, the EPA requests comments 
on the appropriateness of percent reduction requirements, any data upon 
which those requirements could be based, and any other emissions test 
data available for the MACT floor technologies applied to CISWI units. 
The EPA also requests comments on whether emission limits should be 
established for pollutants in addition to the nine pollutants plus 
opacity that are specified in section 129. Comments should include any 
emissions data or estimates.

C. How Did EPA Determine the Proposed Emission Limits for New Units?

    All standards established pursuant to section 129 of the CAA must 
reflect MACT, the maximum degree of reduction in emissions of air 
pollutants that the Administrator, taking into consideration the cost 
of achieving such emission reduction, and any non-air quality health 
and environmental impacts and energy requirements, determines is 
achievable for each category. The CAA also specifies that the degree of 
reduction in emissions that is deemed achievable for new CISWI units 
must be at least as stringent as the emissions control that is achieved 
in practice by the best-controlled similar unit. This requirement 
constitutes the MACT ``floor'' for new CISWI units. However, the EPA 
may not consider costs or other impacts in determining the MACT floor. 
The EPA may require a control option that is more stringent than the 
floor (beyond the floor) if the Administrator considers the cost, 
environmental, and energy impacts to be reasonable.
1. How Did EPA Determine the MACT Floor?
    To determine the MACT floor for new CISWI units, the EPA examined 
the database of CISWI units recommended by the ICCR FACA Committee. 
Data for units not meeting the definition of a CISWI unit were removed 
from the database, and information on other CISWI units, obtained after 
expiration of

[[Page 67098]]

the ICCR FACA, was added to supplement the FACA recommendation. The EPA 
next identified the types of air pollution controls currently used by 
existing CISWI units and ranked those controls according to their 
effectiveness in removing the pollutants of concern. Emissions data 
were available for only a limited number of units, so the EPA ranked 
the technologies based upon emission reduction information in the 
literature and engineering judgement.
    Based on the emission reduction potential of existing air pollution 
controls, the EPA listed all the CISWI units in the database in order 
of decreasing control device effectiveness. The EPA determined the MACT 
technology basis of the floor for each pollutant by identifying the 
best-controlled unit on a pollutant-by-pollutant basis. Thus, for each 
pollutant, the basis for the MACT floor for new units is the technology 
used by the best-performing unit.
    After establishing the technology basis for the floor, the EPA 
examined the emissions data available for CISWI units controlled by 
that technology to determine appropriate emission limits. The resulting 
emission limits associated with the MACT floor technology for each 
pollutant represent the maximum concentration of emissions reported for 
the given pollutant/control technology combination. This approach is 
designed to ensure that units using the MACT floor technology could 
achieve the proposed emission limits under the worst reasonable, 
foreseeable circumstances (i.e., a lower level could not be 
demonstrated to be consistently achievable).
    The EPA's review of emissions data indicates that some CISWI units 
may be able to meet the floor emission levels without using the air 
pollution control technology representing the basis of the floor. This 
is to be expected, given the wide variety of waste materials combusted 
by CISWI units and the resulting variability in emissions. Thus, units 
combusting ``cleaner'' materials may be able to achieve the emission 
limits without the need for control devices. (Under the CAA, facilities 
are allowed to use any means to achieve emission limits and do not need 
to rely on the specific technology on which the limits are based.)
    The most effective technologies identified for removing particulate 
matter are fabric filters and wet scrubbers (i.e., units having these 
controls represent the best-controlled similar units for the purpose of 
determining the floor for new units.) Emissions test data for CISWI 
units showed no significant difference in the outlet concentrations of 
particulate matter between units using fabric filters and units using 
wet scrubbers. Therefore, the EPA considers either a fabric filter or 
wet scrubber to be the MACT floor for particulate matter control. 
Similarly, because non-volatile metals are captured in particulate 
form, the MACT floor for lead and cadmium also reflects a fabric filter 
or wet scrubber. The EPA determined that the MACT floor for dioxins/
furans, hydrogen chloride, mercury, and sulfur dioxide reflects wet 
scrubbing. Fabric filters do not remove significant amounts of these 
pollutants, and no CISWI unit in the database reported using a fabric 
filter with carbon injection, which is a more effective technique for 
reducing dioxins/furans and possibly mercury emissions.
    The EPA's experience is that for other combustion source 
categories, fabric filters and other control techniques such a 
electrostatic precipitators are capable of achieving particulate matter 
emission levels significantly lower than the proposed limit of 70 mg/
dscm. Therefore, the EPA requests comments on whether fabric filters or 
other control techniques can achieve lower particulate matter emissions 
for CISWI units, and whether one of these techniques should represent 
the basis of the CISWI particulate matter emission limit. Comments 
should include any available information on emission rates, control 
efficiencies for particulate matter and other pollutants, and control 
costs for CISWI and similar units using control techniques capable of 
achieving particulate matter levels below 70 mg/dscm.
    Data upon which to base emission limits for mercury and dioxins/
furans are limited, and only two emission tests were available for each 
of these pollutants for CISWI units equipped with wet scrubbers. 
Therefore, the EPA requests comments on the proposed emission limits 
for mercury and dioxins/furans and requests additional emissions and 
control efficiency data applicable to CISWI units with wet scrubbers.
    While the proposed mercury emission limit is based on data showing 
that units using wet scrubber control technology are able to meet the 
limit, this relatively low limit may be unachievable for incinerators 
burning wastes having relatively high amounts of water-insoluble 
mercury species (e.g., elemental mercury and mercury oxides). This is 
because a wet scrubber generally does not remove significant amounts of 
mercury species that are not soluble in water. In addressing other 
types of incinerators, such as MWC and HMIWI units, EPA has estimated 
that most of the mercury emitted from these facilities comprises water 
soluble species, such as mercury chloride, and that a small amount of 
the mercury emitted is not soluble in water. While units in the CISWI 
category may differ in some respects from MWC and HMIWI units, there 
are likely to be some similarities among the wastes burned by all of 
these units and the resulting emissions. Nevertheless, depending on the 
nature of the waste combusted, the proposed mercury emission limits may 
not necessarily be achievable for all CISWI units using wet scrubbers.
    The EPA believes that wet scrubbing can be an effective mercury 
removal technique for CISWI units, and that it is the appropriate 
control technology upon which to base the MACT floor. However, EPA 
requests comments on the emission limits for mercury and requests 
additional data (especially waste feed analyses and emission test 
data). Additionally, the EPA requests comments on whether CISWI units 
can meet the proposed mercury limit using wet scrubbers or pollution 
prevention techniques (e.g., removing mercury from the waste stream) 
regardless of the type of commercial and industrial waste burned.
    Although some CISWI units appear to use combustion modification 
techniques to reduce oxides of nitrogen emissions, the limited 
available emissions data do not demonstrate associated reductions in 
oxides of nitrogen emissions, and none of the CISWI units reported the 
use of add-on controls for oxides of nitrogen. Similarly, many CISWI 
units are equipped with afterburners that may help to reduce carbon 
monoxide emissions. The emissions data, however, show no significant 
difference in carbon monoxide emissions between those units reporting 
afterburners and those that do not. Because oxides of nitrogen and 
carbon monoxide controls have not been demonstrated on CISWI units, the 
MACT floor reflects no control of these pollutants. However, because 
the CAA requires EPA to set numerical emission limits for oxides of 
nitrogen and carbon monoxide, the limits corresponding to the MACT 
floor represent the highest uncontrolled emission rates for oxides of 
nitrogen and carbon monoxide in the emissions database. The EPA 
requests comments on these emission limits and whether these levels 
accurately reflect uncontrolled emissions of oxides of nitrogen and 
carbon monoxide from CISWI units.

[[Page 67099]]

2. How Did EPA Determine Whether Options More Stringent Than the Floor 
Were Appropriate?
    The EPA considered one regulatory option more stringent than the 
MACT floor (i.e., a technology basis that could result in lower 
emissions.) The system EPA evaluated comprised a fabric filter with 
carbon injection and a wet scrubber. Carbon injection would provide 
greater removal of dioxins/furans and possibly mercury, and the fabric 
filter would be required to collect the spent carbon. However, the 
incremental cost effectiveness of applying this dry/wet system for the 
pollutants of concern is considered excessive. (Incremental cost 
effectiveness is the difference in annual costs between this regulatory 
option and the MACT floor divided by the difference in annual emission 
reductions achieved. It is often used as a measure of the economic 
feasibility of applying control techniques.)
    The fabric filter with carbon injection and wet scrubber system 
considered by EPA represents the next logical step in improved emission 
control beyond wet scrubbing, and EPA was not able to identify other 
beyond the floor control systems that achieve good emission control at 
a reasonable cost effectiveness. However, EPA requests comments on 
whether other control technologies should be considered as beyond the 
floor regulatory options. Comments should include any information on 
emissions, current applications, and costs.
    Because regulatory options that are more stringent than the floor 
and economically feasible were not identified, the EPA selected 
emission limits associated with the floors as MACT for each regulated 
pollutant. These emission limits are shown in table 1 in section II of 
this preamble.

D. How Did EPA Determine the Proposed Emission Limits for Existing 
Units?

    The CAA specifies in section 129 that MACT for existing CISWI units 
must be at least as stringent as the average emission limitation 
achieved by the best-performing 12 percent of units in the source 
category. This requirement constitutes the MACT floor for existing 
CISWI units. The EPA may not consider costs or other impacts in 
determining the MACT floor. A control option more stringent than the 
floor can be required if the Administrator considers the cost, 
environmental, and energy impacts to be reasonable.
    The process used to establish emission standards for existing CISWI 
units is virtually identical to the process used to establish standards 
for new CISWI units. Moreover, for each pollutant, the best-performing 
similar unit (used to establish the floor for new units) employs the 
same technology as the average of the best-performing 12 percent of 
units (used to establish the floor for existing units) in the CISWI 
category. Therefore, because the MACT floor emission limits for each 
pollutant for both new and existing CISWI units are based on the same 
pollution control efficiency of the same type of pollution control 
technology, the MACT floors (and resulting emission limits) for new and 
existing CISWI units are the same.
1. How Did EPA Determine the MACT Floor?
    To determine the MACT floor for existing CISWI units, the EPA first 
examined the database of CISWI units recommended by the ICCR FACA 
Committee. Data for units not meeting the definition of a CISWI unit 
were removed from the database, and information on other CISWI units, 
obtained after expiration of the ICCR FACA, was added to supplement the 
FACA recommendation. Next, the EPA identified the types of air 
pollution controls currently used by existing CISWI units and ranked 
those controls according to their effectiveness in removing the 
pollutants of concern. Emissions data were available for only a limited 
number of units, so the EPA ranked the technologies based upon 
information about emission reduction in the literature and engineering 
judgement.
    Based upon the emission reduction potential of available air 
pollution controls, the EPA listed all the CISWI units in the database 
in order of decreasing control device effectiveness. The EPA determined 
the technology basis of the MACT floor for each pollutant by 
identifying the best-performing 12 percent of the units on a pollutant-
by-pollutant basis. The EPA then selected the median of the top 12 
percent as the MACT floor.
    After establishing the technology basis for the floor, the EPA 
examined the emissions data available for CISWI units controlled by 
that technology to determine achievable emission limits. The resulting 
emission limits associated with the MACT floors for each pollutant 
represent the maximum concentration of emissions reported for the given 
pollutant/control technology combination. This approach is designed to 
ensure that any units using the MACT floor technology could achieve the 
proposed emission limits under the worst reasonably foreseeable 
circumstances (i.e., a lower level could not be demonstrated to be 
consistently achievable).
    The EPA's review of emissions data indicates that some CISWI units 
may be able to meet the floor emission levels without using the air 
pollution control technology representing the basis of the floor. This 
is to be expected, given the wide variety of waste materials combusted 
by CISWI units and the resulting variability in emissions. Thus, units 
combusting ``cleaner'' materials may be able to achieve the emission 
limits without the need for control devices. (Under the CAA, facilities 
are allowed to use any means to achieve emission limits and do not need 
to rely on the specific technology on which the limits are based.)
    The most effective technologies identified for removing particulate 
matter are fabric filters and wet scrubbers. These techniques are used 
by over 20 percent of the units in EPA's CISWI database. Emissions test 
data for CISWI units showed no significant difference in the outlet 
concentrations of particulate matter between units using fabric filters 
and units using wet scrubbers. Therefore, the EPA considers either a 
fabric filter or wet scrubber to be the MACT floor for particulate 
matter control. Similarly, because non-volatile metals are captured in 
particulate form, the MACT floor for lead and cadmium also reflects a 
fabric filter or wet scrubber. Based on the median of the best-
performing 12 percent of units, the EPA determined that the MACT floor 
for dioxins/furans, hydrogen chloride, mercury, and sulfur dioxide 
reflects wet scrubbing. Fabric filters do not remove significant 
amounts of these pollutants, and no CISWI unit in the database reported 
using a fabric filter with carbon injection, which is a more effective 
technique for reducing dioxins/furans and possibly mercury emissions.
    The EPA's experience is that for other combustion source 
categories, fabric filters and other control techniques such as 
electrostatic precipitators are capable of achieving particulate matter 
emission levels significantly lower than the proposed limit of 70 mg/
dscm. Therefore, the EPA requests comments on whether fabric filters or 
other control techniques can achieve lower particulate matter emissions 
for CISWI units, and whether one of these techniques should represent 
the basis of the CISWI particulate matter emission limit. Comments 
should include any available information on emission rates, control 
efficiencies for particulate matter and other pollutants, and control 
costs for CISWI and similar units using control techniques capable of 
achieving

[[Page 67100]]

particulate matter levels below 70 mg/dscm.
    Data upon which to base emission limits for mercury and dioxins/
furans are limited, and only two emission tests were available for each 
of these pollutants for CISWI units equipped with wet scrubbers. 
Therefore, the EPA requests comments on the proposed emission limits 
for mercury and dioxins/furans and requests additional emission and 
control efficiency data applicable to CISWI units with wet scrubbers.
    While the proposed mercury emission limit is based on data showing 
that units using wet scrubber control technology are able to meet the 
limit, this relatively low limit may be unachievable for incinerators 
burning wastes having relatively high amounts of water-insoluble 
mercury species (e.g., elemental mercury and mercury oxides). This is 
because a wet scrubber generally does not remove significant amounts of 
mercury species that are not soluble in water. In addressing other 
types of incinerators, such as MWC and HMIWI units, EPA has estimated 
that most of the mercury emitted from these facilities comprises water 
soluble species, such as mercury chloride, and that a small amount of 
the mercury emitted is not soluble in water. While units in the CISWI 
category may differ in some respects from MWC and HMIWI units, there 
are likely to be some similarities among the wastes burned by all of 
these units and the resulting emissions. Nevertheless, depending on the 
nature of the waste combusted, the proposed mercury emission limits may 
not necessarily be achievable for all CISWI units using wet scrubbers.
    The EPA believes that wet scrubbing can be an effective mercury 
removal technique for CISWI units, and that it is the appropriate 
control technology upon which to base the MACT floor. However, EPA 
requests comments on the emission limits for mercury and requests 
additional data (especially waste feed analyses and emission test 
data). Additionally, the EPA requests comments on whether CISWI units 
can meet the proposed mercury limit using wet scrubbers or pollution 
prevention techniques (e.g., removing mercury from the waste stream) 
regardless of the type of commercial and industrial waste burned.
    Although some CISWI units appear to use combustion modification 
techniques to reduce oxides of nitrogen emissions, the limited 
available emissions data do not demonstrate associated reductions in 
oxides of nitrogen emissions, and none of the CISWI units reported the 
use of add-on controls for oxides of nitrogen. Similarly, many CISWI 
units are equipped with afterburners that may help to reduce carbon 
monoxide emissions. The emissions data, however, show no significant 
difference in carbon monoxide emissions between those units reporting 
afterburners and those that do not. Because oxides of nitrogen and 
carbon monoxide control has not been demonstrated on CISWI units, the 
MACT floor reflects no control of these pollutants. However, because 
the CAA requires EPA to set numerical emission limits for oxides of 
nitrogen and carbon monoxide, the limits corresponding to the MACT 
floor represent the highest uncontrolled emission rates of oxides of 
nitrogen and carbon monoxide in the emissions database. The EPA 
requests comments on these emission limits and whether these levels 
accurately reflect uncontrolled emissions of oxides of nitrogen and 
carbon monoxide from CISWI units.
2. How Did EPA Determine Whether Options More Stringent Than the Floor 
Were Appropriate?
    The EPA considered one regulatory option more stringent than the 
MACT floor (i.e., a technology basis that could result in lower 
emissions). The system that EPA evaluated comprised a fabric filter 
with carbon injection and a wet scrubber. Carbon injection would 
provide greater removal of dioxins/furans and possibly mercury, and the 
fabric filter would be required to collect the spent carbon. However, 
the incremental cost effectiveness of applying this dry/wet system for 
the pollutants of concern is considered excessive. (Incremental cost 
effectiveness is the difference in annual costs between this regulatory 
option and the MACT floor divided by the difference in annual emission 
reductions achieved. It is often used as a measure of the economic 
feasibility of applying control techniques.)
    The fabric filter with carbon injection and wet scrubber system 
considered by EPA represents the next logical step in improved emission 
control beyond wet scrubbing, and EPA was not able to identify others 
beyond the floor control systems that achieve good emission control at 
a reasonable cost effectiveness. However, EPA requests comments on 
whether other control technologies should be considered as beyond the 
floor regulatory options. Comments should include any information on 
emissions, current applications, and costs.

E. How Did EPA Determine Testing and Monitoring Requirements for the 
Emission Standards and Guidelines?

    The EPA determined testing and monitoring for the emission 
standards and guidelines that are consistent with the CAA. Section 
129(c) of the CAA requires the EPA to develop regulations that include 
monitoring and testing requirements. The purpose of these requirements 
is to allow the EPA to determine whether a source is operating in 
compliance with the regulations. The proposed CISWI monitoring and 
testing requirements are discussed below.
1. Continuous Emission Monitoring Systems
    The most direct means of ensuring compliance with emission limits 
is the use of continuous emission monitoring systems (CEMS). As a 
matter of policy, the first and foremost option considered by the EPA 
is to require the use of CEMS to demonstrate continuous compliance with 
specific emission limits. The EPA considers other options only when 
CEMS are not available or when the impacts of including such 
requirements are considered unreasonable. When monitoring options other 
than CEMS are considered, it is often necessary for the EPA to balance 
more reasonable costs against the quality or accuracy of the actual 
emissions monitoring data. Although monitoring of operating parameters 
cannot provide a direct measurement of emissions, it is often a 
suitable substitute for CEMS. The information provided can be used to 
ensure that the incinerator and associated air pollution control 
equipment are operating properly. This information reasonably assures 
the EPA and the public that the reductions envisioned by the 
regulations are being achieved.
    The EPA evaluated the costs of applying CEMS to a CISWI unit. For a 
small (150 lbs/hr) batch-operated CISWI unit, the annual costs for 
operating CEMS for hydrogen chloride alone are approximately $36,000. 
The annual costs of operating a wet scrubber, which represents MACT for 
new and existing CISWI units, are estimated to be about $49,000. Thus, 
the costs of operating CEMS for just this one pollutant amount to over 
70 percent of the costs of operating the wet scrubber. In addition, 
dioxins/furans and toxic metals are not directly measurable with CEMS, 
and CEMS for particulate matter and mercury have not been demonstrated 
in the United States for the purpose of determining compliance. 
Consequently, the EPA considers CEMS an

[[Page 67101]]

unreasonable monitoring option for CISWI units.
    Because CEMS are not feasible, the proposed rules include 
requirements for annual stack testing using EPA methods, coupled with 
monitoring of operating parameters. The annual testing will ensure, on 
an ongoing basis, that the air pollution control device is operating 
properly and that its performance has not deteriorated. The owner or 
operator may skip two annual tests for a pollutant if all stack tests 
over the 3 previous years show compliance with the emission limit for 
that pollutant.
    The majority of emission tests upon which the proposed emission 
limits are based were conducted using approved EPA test methods. 
Therefore, the EPA proposes that EPA test methods be followed when 
performing any emission testing required to determine compliance with 
the emission limits. This requirement will ensure that compliance 
testing follows the same procedures used to generate the emissions data 
upon which the emission limits in the proposed regulations were based. 
An average of three test runs would be required to determine compliance 
with the proposed regulations.
    Parameter monitoring is also proposed on a rolling 3-hour basis to 
correspond to the approximate length of the required emission tests. 
The EPA selected parameters to monitor that indicate the proper 
operation of a wet scrubber and that can be monitored continuously at a 
reasonable expense. Maximum and minimum values for the operating 
parameters must be established during emission testing. The maximum and 
minimum operating parameters are established by determining what range 
of operating parameter values represents good operation of the unit and 
control device and is necessary to achieve compliance with the proposed 
emission limits. The unit must then be operated within this range. An 
owner or operator of CISWI units that chooses to comply with the 
emission limits using controls other than wet scrubbers must propose 
for approval by the Administrator other operating parameters (such as 
temperature requirements for dry systems).
2. Stack Testing
    The proposed rules require the owner or operator of each new and 
existing CISWI unit to perform an initial stack test for emissions of 
seven of the nine pollutants identified in section 129 of the CAA 
(cadmium, dioxins/furans, hydrogen chloride, lead, mercury, particulate 
matter, and sulfur dioxide), plus an initial opacity test. Two of the 
statutory pollutants (carbon monoxide and oxides of nitrogen) are 
excluded from the testing requirement because the control technology on 
which the floor is based does not significantly reduce emissions of 
these pollutants (see discussion in section III.C). The owner or 
operator of each CISWI unit would use the initial stack test to 
calibrate the monitoring parameters as explained above. Additionally, 
the proposed rules require annual stack tests for particulate matter, 
hydrogen chloride, and opacity. (Annual testing for the other 
pollutants is not required.)
    The annual testing will ensure, on an ongoing basis, that the air 
pollution control device is operating properly and its performance has 
not deteriorated without requiring the added expense of testing for 
every pollutant. Annual testing for the three pollutants is sufficient 
to demonstrate that the control device is operating properly and that 
compliance with the proposed emission limits is being achieved. The 
owner or operator may skip two annual tests for a pollutant if all 
stack tests over the previous 3 years show compliance with the emission 
limit for that pollutant. The EPA believes that testing every 3 years 
will provide sufficient certainty about control device performance 
while reducing the overall costs of testing to the regulated source.
    The majority of emission tests upon which the proposed emission 
limits are based were conducted using approved EPA test methods. No 
applicable voluntary consensus standards were identified during the 
ICCR or during the subsequent development of this rulemaking. 
Therefore, the EPA proposes that the identified EPA test methods be 
followed when performing any emission testing required to determine 
compliance with the emission limits. This requirement will ensure that 
compliance testing follows the same procedures used to generate the 
emission data upon which the emission limits in the proposed 
regulations are based.

F. How Did EPA Determine Compliance Times for the Emission Standards 
and Guidelines?

    Section 129(f) of the CAA specifies the dates by which affected or 
designated facilities must comply with the standards or guidelines, 
respectively. New units must be in compliance with the standards within 
6 months after the date of promulgation or 6 months after start-up, 
whichever is later. Existing units must be in compliance with the 
guidelines as expeditiously as practicable after approval of a State 
plan, but no later than 3 years after the State plan is approved or 5 
years after promulgation of the guidelines, whichever is earlier.

G. How Did EPA Determine the Required Records and Reports for the 
Emission Standards and Guidelines?

    Section 129 of the CAA requires the EPA to develop regulations that 
include requirements for reporting the results of testing and 
monitoring performed to determine compliance with the standards and 
guidelines. The requirements must specify the form and frequency of the 
reports demonstrating compliance. If there are no exceedances, 
compliance reports are submitted annually. However, if there is an 
exceedance, reports showing the exceedance of any standard or guideline 
must be submitted separately for review and potential enforcement 
action. This out-of-compliance report is due on August 1 if the 
exceedance occurs during the first 6 months of the year, and February 1 
of the next year if the exceedance occurs during the second 6 months of 
the year. Copies of testing and monitoring results must be maintained 
on file at the affected facility. Other types of records are necessary 
to ensure that all provisions of the standards or guidelines are being 
met. Examples include siting analyses and operator training and 
qualification records.

H. How Did EPA Determine Operator Training and Qualification 
Requirements for the Emission Standards and Guidelines?

    The proposed standards and guidelines include operator training and 
qualification requirements for CISWI unit operators. These requirements 
provide flexibility by allowing State-approved training and 
qualification programs. Where there are no State-approved programs, the 
proposed regulations include minimum requirements for training and 
qualification. The minimum requirements include completion of a 
training course covering specified topics.
    In developing these requirements, the EPA considered 
recommendations by the ICCR FACA Committee on the content and format 
for operator training and qualification programs. Training and 
qualification programs currently proposed or promulgated for other 
types of solid waste incineration units were also reviewed and used to 
supplement the FACA Committee recommendations to develop requirements 
appropriate for the CISWI source category.

[[Page 67102]]

I. How Did EPA Determine the Waste Management Plan Requirements?

    The proposed standards and guidelines require facilities operating 
new or existing units to submit a waste management plan. Each facility 
is unique, and site-specific strategies are needed to achieve the most 
efficient results. Through the development of individual waste 
management programs, owners or operators of CISWI units can reduce or 
eliminate certain wastes in their waste streams, thereby reducing the 
amount of air pollution emissions associated with those wastes.
    The waste management plan would identify both the feasibility and 
the approach to separating certain components of solid waste from the 
waste stream to reduce the amount of toxic emissions from incinerated 
waste. The waste management plan may include the reduction or 
separation of waste stream elements such as paper, cardboard, plastics, 
glass, batteries, or metals; or the use of recyclable materials. The 
waste management plan may include different goals or approaches for 
different areas or departments of the facility and need not include 
waste management goals for every waste stream. It should identify, 
where possible, reasonably available additional waste management 
measures, taking into account the effectiveness of waste management 
measures already in place, the costs of additional measures, the 
emission reductions expected to be achieved, and any other associated 
environmental or energy impacts.

J. How Did EPA Determine the Siting Requirements for New Units?

    Section 129 of the CAA states that performance standards for new 
solid waste incineration units must incorporate siting requirements 
that minimize, on a site-specific basis and to the maximum extent 
practicable, potential risks to public health or the environment. In 
accordance with section 129, the EPA is proposing site selection 
criteria for CISWI units that commence construction after the date of 
proposal of this rule (i.e., ``new'' units). The siting requirements 
would not apply to existing CISWI units.
    The siting requirements proposed today would require the owner or 
operator of a new unit to prepare an analysis of the impacts of the new 
unit. The owner or operator must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, the owner or operator 
may consider costs, energy impacts, non-air environmental impacts, or 
any other factors related to the practicability of the alternatives. To 
avoid duplication, analyses of facility impacts prepared to comply with 
State, local, or other Federal regulatory requirements may be used to 
satisfy this requirement, provided they include the consideration of 
air pollution control alternatives specified above. Such State, local, 
or Federal requirements may include, but are not limited to, State-
specific criteria or national criteria established by the National 
Environmental Policy Act or new source permitting requirements. The 
owner or operator must submit the siting information to EPA prior to 
commencing construction of the facility.

K. How Does This Regulation Affect Permits?

    Section 129 of the CAA requires CISWI units subject to the 
standards and guidelines to be operated pursuant to a permit issued 
under the EPA-approved State operating permit program. In accordance 
with section 129, the EPA is proposing to require a permit by the date 
36 months after the date of promulgation, or on the effective date of 
an EPA-approved operating permit program in the State in which the 
facility is located, whichever date is later. The operating permit 
programs are developed under title V of the CAA and the implementing 
regulations under 40 CFR parts 70 and 71.

IV. Impacts of the Proposed Standards for New Units

    Information provided to the EPA by the ICCR FACA Committee 
indicates that no significant growth is expected in the population of 
CISWI units. With no net change in the number of CISWI units, impacts 
could be estimated by assuming that retiring uncontrolled units will be 
replaced with units controlled by wet scrubbers to meet the proposed 
NSPS. In this case, air emissions would decrease, and water and energy 
usage and wastewater generation would increase. However, the proposed 
emission guidelines for existing CISWI units include requirements 
identical to those in the proposed NSPS. Once these guidelines are in 
force, the emission performance of new units would be essentially the 
same as the units being replaced. Therefore, the proposed NSPS would 
reduce air emissions (and create secondary impacts) only until the 
emission guidelines are in place, and after that would simply maintain 
the emission reductions already achieved by the emission guidelines for 
existing units.
    To illustrate the potential impact of the proposed NSPS with 
respect to new CISWI units under conditions where growth in the 
population of CISWI units does occur, the EPA modeled hypothetical 
CISWI units with capacities of 100 and 1500 pounds per hour (lb/hr) (45 
and 680 kilograms per hour (kg/hr)) and estimated the impacts 
associated with application of wet scrubbers. The resulting impact 
estimates are discussed below.

A. What Are the Air Impacts?

    Table 2 below illustrates, on a model unit basis, the emission 
reduction achieved by the proposed NSPS (i.e., the difference in 
emissions between a CISWI unit with a wet scrubber and an uncontrolled 
CISWI unit).

                               Table 2. Emission Reductions on a Model Unit Basis
----------------------------------------------------------------------------------------------------------------
                                                        Emission Reduction, tons/yr (Mg/yr)
            Pollutant             ------------------------------------------------------------------------------
                                       100 lb/hr  (45 kg/hr) capacity         1500 lb/hr  (680 kg/hr) capacity
----------------------------------------------------------------------------------------------------------------
Cadmium..........................  5.6x10-4 (5.1x10-4)                     0.01 (0.01).
Dioxins/furans...................  7.1 x 10-9 (6.5x10-9)                   1.5 x 10-7 (1.4x10-7)
Hydrogen chloride................  1.5 (1.4)                               32.3 (29.3)
Lead.............................  0.04 (0.04)                             0.84 (0.76)
Mercury..........................  5.2 x 10-5 (4.7x10-5)                   1.1x10-3 (1.0x10-3)
Particulate matter...............  0.51 (0.46)                             10.8 (9.8)
Sulfur dioxide...................  0.37 (0.34)                             7.9 (7.2)
----------------------------------------------------------------------------------------------------------------


[[Page 67103]]

B. What Are the Water and Solid Waste Impacts?

    The EPA estimated, on a model unit basis, the additional water 
usage that would result from the use of a wet scrubber. The water 
requirements vary from 340,000 to 7,250,000 gallons (1.3 to 27.4 
million liters) per year per CISWI unit, depending on the size of the 
unit. In addition to the increased water usage, an additional 50,000 to 
1,056,000 gallons (189,000 to 4,000,000 liters) per year of wastewater 
would be produced per unit. No additional solid waste production is 
expected as a result of these standards.

C. What Are the Energy Impacts?

    The EPA estimated, on a model unit basis, the additional energy 
required to operate a wet scrubber. The additional electricity 
requirements range from 28,000 to 424,000 kWh/yr per CISWI unit, 
depending on the capacity of the unit.

D. What Are the Control Costs and Economic Impacts?

    The EPA estimated, on a model unit basis, the costs associated with 
applying wet scrubbers on new CISWI units to meet the proposed 
standards. The total annual costs, including costs for the wet scrubber 
testing, monitoring, and operator training and qualification, range 
from $69,000 for a unit rated at 100 lbs/hr (45 kg/hr) to $186,000 for 
a unit rated at 1500 lbs/hr (680 kg/hr). No economic impacts have been 
estimated as a result of the regulation of new sources because no new 
sources in the CISWI population are projected.

V. Impacts of the Proposed Guidelines for Existing Units

    The emission guidelines for existing CISWI units are based on 
emission levels achievable using wet scrubbers. Therefore, the EPA 
estimated the air, water and solid waste, energy, control cost, and 
economic impacts associated with applying wet scrubbers to those units 
in the existing CISWI database not currently using wet scrubbers.

A. What Are the Air Impacts?

    Table 3 summarizes the national air emission impacts of the 
proposed emission guidelines. These impacts are expressed in two ways. 
First, the impacts are expressed as annual nationwide mass reductions; 
and second as percent reductions compared to current estimated national 
emissions for existing CISWI units.

                              Table 3. Emission Reductions for Existing CISWI Units
----------------------------------------------------------------------------------------------------------------
                                                                                         Percent reduction from
                Pollutant                  National emission reduction tons/yr (Mg/yr)     current (baseline)
                                                                                                emissions
----------------------------------------------------------------------------------------------------------------
Cadmium.................................  0.45 (0.41)                                                         87
Dioxins/furans..........................  6.5 x 10-6 (5.9 x 10-6)                                             88
Hydrogen chloride.......................  1315 (1193)                                                         89
Lead....................................  31.4 (28.5)                                                         87
Mercury.................................  0.045 (0.041)                                                       79
Particulate matter......................  409 (371)                                                           71
Sulfur dioxide..........................  322 (292)                                                           72
----------------------------------------------------------------------------------------------------------------

B. What are the water and solid waste impacts?

    Assuming that no CISWI unit will shutdown as a result of the 
proposed guidelines, there would be no solid waste impacts associated 
with this proposed rule. If alternative disposal methods, such as 
landfills, become more cost effective for some CISWI units as a result 
of the proposed guidelines, solid waste by such units would increase in 
proportion to the reduction in feedstream to the CISWI unit. National 
annual water consumption would increase by 295 million gallons (1,117 
million liters), and an additional 43 million gallons (163 million 
liters) per year of wastewater would be released.

C. What are the energy impacts?

    The EPA expects an increase of approximately 16.7 million kilowatt 
hours (kWh) in national annual energy usage as a result of these 
emission guidelines. The increase results from the electricity required 
to operate wet scrubbers installed to meet the guidelines.

D. What are the control costs and economic impacts?

    To estimate the national cost impacts of the proposed guidelines, 
the EPA assigned model CISWI units to each existing unit in the 
database. The analysis considered all air pollution control equipment 
currently in operation at existing CISWI units. Model costs for wet 
scrubbers were then assigned to all existing units that could not 
otherwise meet the proposed emission limits. The resulting total 
national cost impact of the proposed guidelines is $31.5 million in 
capital expenditures and $11.6 million per year in total annual costs.
    This proposal would affect a small number of facilities in many 
different industries and government entities. Of the 112 affected 
facilities analyzed, 92 are spread among 25 different industries, 15 
are spread among State, Federal and city governments, and 5 are located 
at universities.
    Because of the competitive nature of the markets and the relatively 
small number of affected facilities in each market, producers will be 
unable to pass along the cost of the regulation to consumers in the 
short run. Hence, these costs will be borne primarily by the affected 
domestic producers. This conclusion also implies that the impact of the 
regulation on imports and exports will be negligible. The economic 
analysis further indicates that the impact of the proposed regulation 
on total employment in the industries affected will be negligible. The 
ratio of control costs to company sales is low; only 9 of the 79 
companies owning affected facilities in the 25 different industries had 
cost-to-sales ratios of 3 percent or more, and 15 had ratios exceeding 
1 percent. It is anticipated that no plants will close as a result of 
the regulation. However, the use of alternative waste management 
decisions, such as the use of landfills or selling materials as fuels 
or intermediate products, should lower the total social cost of the 
regulation below the annual cost estimate of $11.6 million, assuming 
add-on control technology is used for all affected units.

VI. Definition Of Solid Waste

    Section 129 of the CAA directs EPA to develop regulations limiting 
emissions from solid waste incineration units. Section 129 also states, 
however,

[[Page 67104]]

that the term ``solid waste incineration unit'' does not include units 
required to have a permit under section 3005 of the Solid Waste 
Disposal Act (SWDA). This reference to section 3005 of the SWDA refers 
to the hazardous waste regulatory program authorized under the SWDA. As 
a result, the focus of the regulatory program authorized by section 129 
is the burning of nonhazardous solid waste.
    Section 129 does not define nonhazardous solid waste, but directs 
EPA to use the meaning of solid waste established by the Administrator 
pursuant to the SWDA. As a point of reference, the SWDA defines solid 
waste as follows:

    * * * any garbage, refuse, sludge from a waste treatment plant, 
water supply treatment plant, or air pollution control facility and 
other discarded material including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, and agricultural operations, and from community activities, 
but does not include solid or dissolved material in domestic sewage, 
or solid or dissolved materials in irrigation return flows or 
industrial discharges which are point sources subject to permits 
under section 402 of the Federal Water Pollution Control Act, as 
amended, or source, special nuclear, or byproduct material as 
defined by the Atomic Energy Act of 1954, as amended.

    To develop and implement the hazardous waste regulatory program 
authorized by the SWDA, the Administrator adopted a definition of 
hazardous waste pursuant to the SWDA. This definition is found in part 
261 of title 40 of the CFR. In defining hazardous waste, part 261 also 
defines solid waste.
    However, in doing so, part 261 states explicitly in 40 CFR 
261.1(b)(1) that this definition of solid waste is only for the purpose 
of materials that are hazardous wastes. This regulatory definition of 
the term solid waste found in part 261, therefore, does not apply to 
nonhazardous solid wastes.
    The Administrator has also adopted several other definitions of 
solid waste pursuant to the SWDA. These definitions are found 
throughout parts 240 to 259 of 40 CFR. However, these definitions are 
little more than a restatement, with occasional small variation, of the 
statutory definition of the term solid waste contained in the SWDA. 
Consequently, they do little to clarify the meaning of nonhazardous 
solid waste for the purpose of developing and implementing the 
regulatory program authorized under section 129 of the CAA.
    The Administrator, therefore, proposes to adopt a definition of 
solid waste (i.e., nonhazardous solid waste) jointly under the 
authority of the CAA and the SWDA. The purpose of this definition would 
be solely to identify nonhazardous solid waste for the regulatory 
program authorized by section 129. Also, since section 129 only 
authorizes development of regulations to control emissions from the 
burning of nonhazardous solid waste, this definition would apply only 
to materials that are burned; it would not apply to materials managed 
by any other means (e.g., treatment, storage, transportation and 
handling, etc.).
    As mentioned, section 129 authorizes development of regulations to 
limit emissions from the burning of nonhazardous solid waste. In 
contrast, section 112 of the CAA authorizes development of regulations 
to limit emissions from stationary sources of toxic air pollutants, 
including sources burning hazardous waste and fuels. The EPA has 
adopted regulations under section 112 to limit emissions from hazardous 
waste combustion in incinerators and kilns and is developing 
regulations to limit emissions from hazardous waste combustion in 
boilers and industrial furnaces. In addition, EPA is also developing 
regulations under section 112 to limit emissions from burning fuels in 
stationary sources, such as boilers. Consequently, the main purpose of 
this definition of nonhazardous solid waste is merely to identify which 
materials (when burned) are subject to regulations developed under 
section 129 and which materials (when burned) are subject to 
regulations developed under section 112.
    One option, in terms of adopting a definition of nonhazardous solid 
waste for regulations developed under section 129, is to adopt the 
definition of solid waste found in part 261 of 40 CFR. Although 
considered, this option is rejected. That definition was adopted for 
the sole purpose of identifying hazardous waste in order to develop 
regulations for the proper management of these materials. Management of 
hazardous waste covers an extremely broad area and ranges from handling 
and transportation, to reuse and recycling, to storage, treatment, and/
or disposal of these materials.
    Regulations developed under section 129 apply only to the burning 
of nonhazardous solid waste--they do not apply to any other form of 
waste management. As a result, a definition of solid waste for the 
purpose of section 129 can be much simpler and less complex; it need 
only focus on burning and need not consider any of the complexities 
associated with other forms of waste management. Another factor also 
greatly simplifies the development of a definition of nonhazardous 
waste--a definition of hazardous solid waste already exists.
    Therefore, the EPA believes that materials that are burned fall 
into three categories: hazardous waste, nonhazardous solid waste, or 
fuel. If the materials meet the definition of hazardous waste, they 
cannot be nonhazardous solid waste or fuel. Only if the materials do 
not meet the definition of hazardous waste can they be nonhazardous 
solid waste or fuel. This makes the task of developing a definition of 
nonhazardous solid waste relatively straightforward. The definition 
must first answer the question: ``Are the materials being burned 
nonhazardous solid waste or fuel?''
    It is basically the composition or the level of hazardous 
constituents present in wastes that determines whether they are 
hazardous in nature (i.e., in the RCRA program under 40 CFR 261.3, 
hazardous wastes are specifically defined as wastes that meet a 
particular listing description or that exhibit a characteristic of 
hazardous waste). However, it is basically the heat value of materials 
and whether or not they are burned with energy recovery that determines 
whether they are nonhazardous solid waste or fuel. Only materials with 
a high heat value contain sufficient energy to be used as fuel. 
Materials with little heat value contain little energy and if they are 
burned, it is not as a fuel but rather for destruction or disposal. In 
addition, although materials with high heat value may contain 
sufficient energy to be used as fuel, they are not used as fuel when 
they are burned without energy recovery.
    In considering how to structure a definition for nonhazardous solid 
waste that answers the question ``Are the materials being burned 
nonhazardous solid waste or fuel?'', it is useful to consider the 
definition of hazardous waste under part 261, in terms of how this 
definition distinguishes between hazardous waste and fuel, when 
materials are burned. While this definition applies only to hazardous 
waste, it provides several insights into a basic outline for a 
definition of nonhazardous solid waste for the purpose of regulations 
under section 129 of the CAA. This definition, as it applies to waste 
combustion, can be summarized as follows:

     Materials are solid waste if they are discarded; 
discarded materials are abandoned materials, and materials are 
considered abandoned when burned or incinerated.
     Discarded materials also include certain recycled 
materials. Recycled materials are

[[Page 67105]]

considered discarded when the materials are burned to recover 
energy, except for various commercial chemical products that are 
fuels.

Furthermore, part 261 includes the following specific exemptions from 
the definition of solid waste that are related to burning: pulping 
liquors when burned and reclaimed in a pulping liquor recovery furnace, 
spent sulfuric acid when burned to produce virgin sulfuric acid, and 
comparable fuels when burned to recover energy.
    This can be restated simply as: the act of burning materials, with 
some exceptions, serves to identify those materials as solid waste. One 
exception is commercial chemical products that are fuels as well as 
other materials that are ``comparable fuels'' when these materials are 
burned to recover energy. Thus, fuels and comparable fuels are not 
solid wastes when they are burned to recover energy. Other exceptions 
are certain materials, such as pulping liquors and spent sulfuric acid, 
which are burned to recover their chemical constituents.
    Consequently, the basic structure of a definition of nonhazardous 
solid waste that emerges follows this premise: materials that are 
burned are not nonhazardous solid waste if they are hazardous solid 
waste, if they are fuels burned to recover energy, or if they are 
certain identified materials burned to recover their chemical 
constituents. All other materials, when burned, are nonhazardous solid 
waste.
    With a definition of hazardous waste available, a definition of 
those materials that are fuels (when burned to recover energy) is the 
next piece necessary to develop this definition of nonhazardous waste, 
for the purpose of regulations developed under section 129.
    Some materials, when burned to recover energy (e.g., for the 
production of hot water or steam), have a long history of being 
considered fuels. These materials are coal, oil, gas, and biomass 
(e.g., wood and other vegetative agricultural and silvicultural 
materials). Burning coal, oil, gas, and biomass produces the majority 
of the energy consumed in the United States. In addition to these 
materials, other materials are often burned as fuel to recover energy 
and meet the needs of consumers, as well as industrial, manufacturing, 
and commercial operations.
    As mentioned earlier, the prime indicator of whether materials 
could be used as fuel (i.e., can be burned to recover energy) is their 
heat value--the British thermal units (Btu) of energy released from 
burning a pound (lb) of these materials. With continuing advances in 
combustion technology, materials with lower and lower heat value can be 
burned to recover energy; however, those materials with a ``high'' heat 
value are the best fuels, and it is these types of materials that are 
commonly and widely viewed as fuels. Thus, for the purpose of 
regulations developed under section 129 of the CAA, the Administrator 
proposes that materials with high heat value, when burned to recover 
energy, are fuels. (When materials are burned without heat recovery, 
regardless of their heat value, they are considered wastes.)
    A delineator of high heat value emerges when considering the heat 
values of those materials mentioned above, which are clearly fuels when 
burned to recover energy (i.e., gas, oil, coal, and biomass). Heat 
values for gas are the highest and frequently above 20,000 Btu/lb; 
those for oil can range from about 17,000-20,000 Btu/lb; those for coal 
can range from about 6,000-15,000 Btu/lb; and those for biomass can 
range from about 5,000-10,000 Btu/lb. Thus, a heat value of 5,000 Btu/
lb serves to delineate between materials with high heat value and 
materials with low heat value. The Administrator proposes that 
materials with a heat value of 5,000 Btu/lb or more, when burned to 
recover energy, are fuel (subject to regulation under section 112) and 
not nonhazardous solid waste subject to regulation under section 129.
    The final area of the definition outlined above that needs to be 
identified is that of any other materials that (when burned) are not 
considered nonhazardous solid waste for the purpose of regulations 
developed under section 129. The criteria for these materials seems 
simple, in concept. Burning--with some exceptions--is considered a form 
of discarding materials. However, EPA believes that certain other 
materials are not burned to discard them. The primary example where 
burning materials is not a form of discard is where materials are 
burned to recover their chemical constituents. An example is burning 
spent sulfuric acid to produce fresh sulfuric acid. Burning spent 
pulping liquors to produce fresh pulping liquors is yet another 
example. Burning wood or coal to produce charcoal or coke are other 
examples. There may be additional examples as well.
    Consequently, the Administrator proposes that these materials, when 
burned in the manner identified in the examples above, are not 
nonhazardous solid waste and are not subject to regulation under 
section 129. On the other hand, the Administrator also concludes that 
these materials, when burned in the manner identified in the examples 
above, are subject to regulation under section 112 of the CAA.
    Since there may be other examples where materials are burned to 
recover chemical constituents, the Administrator solicits public 
comment on additional materials that should be added to those mentioned 
above. In submitting comments, commenters should: (1) Describe the 
``source'' of these materials; (2) identify the composition of these 
materials, highlighting the chemical constituents in these materials 
which are recovered; (3) describe the ``process'' in which these 
materials are burned, highlighting the type, design, and operation of 
the equipment used in this process; (4) describe the chemical 
constituent recovery ``process,'' highlighting the type, design, and 
operation of the equipment used in this process; (5) identify the 
markets and/or use for the recovered chemical constituents; and (6) 
identify the composition of the recovered chemical constituents and 
compare their composition to that of comparable commercially available 
products.
    Most of the above discussion focuses on materials that are not 
nonhazardous solid waste, for the purpose of regulations developed 
under section 129. There are materials, however, that are always solid 
waste (e.g., hazardous waste). In addition, there are also materials 
that (when burned) are always nonhazardous solid waste for the purpose 
of regulations developed under section 129: municipal solid waste, as 
defined in subparts Ea, Eb, AAAA, and BBBB in 40 CFR part 60; and 
hospital waste and medical/infectious waste, as defined in subpart Ec 
in 40 CFR part 60. Because the proposed definition of nonhazardous 
solid waste applies only to section 129, previous and future 
determinations under subpart E, Standards of Performance for 
Incinerators, in 40 CFR part 60 would not be affected.
    In summary, the definition we propose today of (nonhazardous) solid 
waste is consistent with the requirements of section 129 of the CAA 
because it incorporates the definition of solid waste in the SWDA and 
builds upon the definition established by the Administrator pursuant to 
the SWDA to comprehensively identify those wastes which are, when 
burned, nonhazardous solid wastes.

VII. Public Participation and Request for Comments

    The ICCR Federal Advisory Committee (i.e., the Coordinating 
Committee), which is discussed in

[[Page 67106]]

section I.C., was designed and created to foster active participation 
from stakeholders, including environmental groups, regulated 
industries, local governments, Federal agencies, and State and local 
regulatory agencies. The stakeholders were able to participate in the 
development of FACA Committee recommendations on many regulatory 
issues.
    The ICCR Coordinating Committee also encouraged the public to 
provide input on its decisions and recommendations throughout the 2-
year charter. To enhance the public's ability to participate, the EPA 
maintained a bulletin board on the TTN Web internet site to disseminate 
information on Coordinating Committee and Work Group meeting schedules 
and minutes, works in progress, and final recommendations. The public 
could submit comments on any information posted on the bulletin board 
to members of the Coordinating Committee or Work Group. Individuals 
could also attend Coordinating Committee and Work Group meetings and 
comment on the information being presented and discussed. After the 
FACA charter expired, individual stakeholders and members of the public 
were encouraged to submit individual comments and information to EPA 
staff.
    To continue the participation of stakeholders in the rulemaking 
process, the EPA is requesting comments and data to support this 
proposed regulation. The EPA requests comments on any classes or types 
of CISWI units, or CISWI unit size considerations, that have not been 
addressed in this proposed rule, including a discussion about how the 
units should be treated under this rulemaking (section III.A). The EPA 
requests comments on whether it would be appropriate to include 
alternative percent reduction requirements for CISWI units, any data 
upon which those requirements could be based, and whether emission 
limits should be established for pollutants in addition to the nine 
pollutants plus opacity (section III.B). The EPA requests comments on 
whether fabric filters or other control techniques can achieve lower 
particulate matter emissions for CISWI units, and whether one of these 
techniques should represent the basis of the CISWI particulate matter 
emission limit (section III.C). The EPA also requests any other 
emissions test data available for the MACT floor technologies applied 
to CISWI units (section III.C). The EPA requests comments on whether 
other control technologies should be considered as beyond the floor 
regulatory options (section III.C). Finally, the EPA requests comments 
on the mercury, dioxins/furans, oxides of nitrogen, and carbon monoxide 
emission limits (section III.D), materials burned to recover chemical 
constituents (section VI), and the recordkeeping and reporting burden 
(section VIII.E).

VIII. Administrative Requirements

A. Public Hearing

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

B. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in developing this proposal. Material is added to 
the docket throughout the rulemaking process. The docketing system is 
intended to allow members of the public to identify and locate 
documents so that they can effectively participate in the rulemaking 
process. The contents of the docket will serve as the record in case of 
judicial review (see 42 U.S.C. 7607(d)(7)(A)) except for interagency 
review material. The docket number for the CISWI source category is A-
94-63. (See the ADDRESSES section for the availability of docket 
material.)

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether a regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affects 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) Creates a serious inconsistency or otherwise interferes with an 
action taken or planned by another agency;
    (3) Materially alters the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raises 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, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. The EPA has submitted this action 
to OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

D. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act (SBREFA)

    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies to conduct a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements unless the EPA 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. The proposed regulation will affect 112 existing 
facilities owned by 90 parent companies. Based on Small Business 
Administration guidelines, 26 of the companies are small businesses. 
The lumber and wood products industry includes the largest number (7) 
of the small businesses, followed by fabricated metals, veterinary 
hospitals, and wholesale trade sectors with three companies each. Also, 
four cities are classified as small governments because they have fewer 
than 50,000 residents. The remaining six small businesses are 
distributed across six different industries. Only nine small businesses 
had cost-to-sales ratios greater than 3 percent (ranging from 3.4 to 
27.7 with a median of 4.0 percent), and fifteen small businesses had 
cost-to-sales ratios greater than 1 percent, assuming add-on control is 
employed to meet the standard rather than alternative disposal methods. 
For the nine entities that had cost-to-sales ratios greater than 3 
percent, the median amount of material incinerated was about 50 tons 
per year. Because of the relatively small number of tons per year being 
incinerated, the alternative net cost for sending waste to a landfill 
for many of these facilities is likely to be less than the control 
costs, based on an estimated total alternative disposal cost (i.e., 
transportation cost plus tipping fee) of about $58/ton. Thus, it may be 
economically feasible for some

[[Page 67107]]

of these small entities to switch to an alternative disposal method, 
such as off-site landfills, and lower their net compliance costs.
    For the four identified small governments, cost-to-revenue ratios 
were low, ranging from 0.11 to 1.7 percent. The annualized cost per 
capita ranged from $1.68 to $19.81.
    Based on the low number of affected small entities and the 
relatively low control cost, this analysis suggests that the proposed 
regulation should not generate a significant small business impact on a 
substantial number of small entities in the commercial, industrial, and 
government sectors. Therefore, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities.

E. Paperwork Reduction Act

    The information collection requirements in these proposed rules 
have been submitted for approval to OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. The ICR documents have been prepared by EPA 
(ICR No. 1926.01 for subpart CCCC and 1927.01 for subpart DDDD), and 
copies may be obtained from Sandy Farmer by mail at OP Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., SW; Washington, DC 20460, by e-mail at [email protected], or 
by calling (202) 260-2740. Copies may also be downloaded from the 
internet at http://www.epa.gov/icr.
    These proposed rules contain monitoring, reporting, and 
recordkeeping requirements. The information would be used by the EPA to 
identify new, modified, or reconstructed incineration units subject to 
the NSPS and to ensure that new incineration units undergo a siting 
analysis and that the analysis is reviewed by the public. Records and 
reports would be necessary to enable EPA to identify waste incineration 
units that may not be in compliance with the requirements. Based on 
reported information, EPA would decide which units and what records or 
processes should be inspected.
    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to the EPA for which a claim of confidentiality is made will 
be safeguarded according to EPA policies in 40 CFR part 2, subpart B, 
Confidentiality of Business Information.
    The estimated average annual burden for the first 3 years after 
promulgation of the NSPS for industry and the implementing agency is 
outlined below.

----------------------------------------------------------------------------------------------------------------
                                                             Total      Labor     Capital                Total
                     Affected entity                         hours      costs      costs    O&M costs    costs
----------------------------------------------------------------------------------------------------------------
Industry.................................................     11,209   $685,269    $13,440     $1,266   $699,975
Implementing agency......................................        794     32,608          0          0     32,608
----------------------------------------------------------------------------------------------------------------

    The EPA expects the NSPS to affect 18 CISWI units over the first 3 
years, based on the assumption that 6 existing units will be replaced 
by 6 new units each year. The EPA estimates the total annualized 
capital and start-up costs for these new units to be $13,440. 
Continuous parameter monitoring equipment would be required for new 
units. When a wet scrubber is used to meet the emission limits, 
monitoring equipment must be installed to monitor maximum charge rate, 
minimum pressure drop across the wet scrubber or minimum horsepower or 
amperage to the wet scrubber, minimum scrubber liquor flow rate, and 
minimum scrubber liquor pH. The estimated total operation, maintenance, 
and purchase costs for the monitoring equipment averaged over the first 
3 years are expected to be $1,266. The implementing agency would not 
incur any capital or start-up costs.
    The estimated average annual burden for the first 3 years after 
promulgation of the emission guidelines for industry and the 
implementing agency is outlined below.

----------------------------------------------------------------------------------------------------------------
                                                             Total      Labor     Capital                Total
                     Affected entity                         hours      costs      costs    O&M costs    costs
----------------------------------------------------------------------------------------------------------------
Industry.................................................      9,145   $407,067          0          0   $407,067
Implementing agency......................................      1,817     48,386          0          0     48,386
----------------------------------------------------------------------------------------------------------------

    EPA expects the emission guidelines to affect a maximum of 116 
units over the first 3 years. The EPA assumes that 6 existing units 
will be replaced by 6 new units each year. There are no capital, start-
up, or operation and maintenance costs for existing units during the 
first 3 years. The implementing agency would not incur any capital or 
start-up costs.
    Burden means the 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.
    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 St., SW; Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., NW, Washington, DC 20503, marked ``Attention: 
Desk Officer for EPA.'' Include the ICR number in any correspondence. 
Since OMB is required to make a decision concerning the ICR

[[Page 67108]]

between 30 and 60 days after November 30, 1999, a comment to OMB is 
best assured of having its full effect if OMB receives it by December 
30, 1999. In the final rule, the EPA will respond to any OMB or public 
comments on the information collection requirements contained in this 
proposal.

F. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 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 to 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 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows 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, thereby 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 this rule does 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. Thus, today's proposal is not subject to the 
requirements of sections 202 and 205 of the UMRA. Additionally, the EPA 
has determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments.

G. Executive Order 13084: Consultation and Coordination with Indian 
Tribal Governments

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

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272 
note), directs the EPA to use voluntary consensus standards in its 
regulatory 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, etc.) that are developed or 
adopted by voluntary consensus standard bodies. The purpose of the 
NTTAA is to reduce the costs to the private and public sectors by 
requiring Federal agencies to use existing technical standards used in 
commerce or industry. The NTTAA requires the EPA to provide Congress, 
through OMB, explanations when the EPA decides not to use available and 
applicable voluntary consensus standards.
    The EPA evaluated these subparts to determine if any of the 
requirements of the NTTAA are applicable. The EPA has concluded that 
this proposal does not establish or modify technical standards, 
therefore, the requirements of the NTTAA do not apply. Several test 
methods are required to demonstrate compliance with the guidelines and 
standards; however, all of these test methods are established EPA 
methods and have been commonly used to test emission levels at 
incineration units in the past. The EPA requests public comments on the 
existence of voluntary consensus standards that should be considered 
for this proposal.

I. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that EPA determines: (1) Is ``economically significant'' as 
defined under Executive Order 12866, (2) is based on health or safety 
risks, and (3) for which the EPA has reason to believe may 
disproportionately affect children. If the regulatory action meets 
these criteria, the EPA 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 EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This proposal is not subject to 
Executive Order 13045 because it is based on technology performance and 
not on health or safety risks. Additionally, this proposal is not 
economically significant as defined by Executive Order 12866.

J. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have

[[Page 67109]]

federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the EPA consults with State and local officials early in the 
process of developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the Office of Management and Budget (OMB), in a 
separately identified section of the preamble to the rule, a federalism 
summary impact statement. The federalism summary impact statement must 
include a description of the extent of EPA's prior consultation with 
State and local officials, a summary of the nature of their concerns 
and the EPA's position supporting the need to issue the regulation, and 
a statement of the extent to which the concerns of State and local 
officials have been met. Also, when EPA transmits a draft final rule 
with federalism implications to OMB for review pursuant to Executive 
Order 12866, EPA must include a certification from the agency's 
Federalism Official stating that EPA has met the requirements of 
Executive Order 13132 in a meaningful and timely manner.
    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
This rule establishes national performance standards and other 
requirements for certain solid waste incineration units. The EPA is 
required by section 129 of the CAA, 42 U.S.C. Sec. 7429, to establish 
the standards and guidelines embodied in this proposed rule. This 
proposed regulation primarily affects private industry, and does not 
impose significant economic costs on State or local governments. The 
standards established by this rule apply to new facilities that operate 
commercial or industrial incineration units (and the owners or 
operators of such facilities), and require States to submit State plans 
that include standards applicable to existing incineration units that 
are at least as protective as the standards specified in the proposed 
rule. If a State does not submit an approvable plan, any covered 
incineration units in that State will become subject to a Federal plan 
to implement this proposed rule. The proposed regulation does not 
include an express provision preempting State or local regulations. 
However, once a State or Federal plan is in effect, covered facilities 
would be subject to the standards established by this proposed rule, 
regardless of any less protective State or local regulations that 
contain emission limitations for the pollutants addressed by this 
proposed rule. To the extent that this might preempt State or local 
regulations, it does not significantly affect the relationship between 
the national government and the States, or the distribution of power 
and responsibilities among the various levels of government. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule, and EPA has complied with the requirements of section 4(e), to 
the extent that they may be applicable to the proposed regulations, by 
providing notice to potentially affected State and local officials 
through publication of this proposed rule.
    Although section 6 of Executive Order 13132 does not apply to this 
proposed rule, EPA consulted with representatives of State and local 
governments to enable them to provide meaningful and timely input into 
the development of this rule. This consultation took place during the 
ICCR FACA committee meetings, where members representing State and 
local governments participated in developing recommendations for EPA's 
combustion-related rulemakings, including this proposed rule (see 
section I.C. of this preamble). Additionally, the EPA sponsored the 
Small Communities Outreach Project, which involved meetings with 
elected officials and other government representative to provide them 
with information about this proposed rule and to solicit their 
comments. The concerns raised by representative of State and local 
governments were considered during the development of this proposed 
rule.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Carbon monoxide, 
Metals, Nitrogen dioxide, Particular matter, Sulfur oxides, Waste 
treatment and disposal.

    Dated: November 15, 1999.
Carol M. Browner,
Administrator.

    For the reasons stated in the preamble, Part 6, title 40, chapter 
I, 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, 7414, 7416, 7429, and 7601.

    2. Part 60 is amended by adding subpart CCCC to read as follows:

Subpart CCCC--Standards of Performance for New Stationary Sources: 
Commercial and Industrial Solid Waste Incineration Units

Sec.

Introduction

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

Applicability

60.2010  Does this subpart apply to my incineration unit?
60.2015  What is a new incineration unit?
60.2020  Does this subpart allow any exemptions?
60.2025  Can the Administrator delegate authority to enforce these 
Federal standards to a State agency?
60.2030  How are the standards structured?
60.2035  Do all seven components of the standards apply at the same 
time?

Preconstruction Siting Analysis

60.2040  Who must prepare a siting analysis?
60.2045  What is a siting analysis?

Waste Management Plan

60.2050  What is a waste management plan?
60.2055  When must I submit my waste management plan?
60.2060  What should I include in my waste management plan?

Operator Training and Qualification

60.2065  What are the operator training and qualification 
requirements?
60.2070  When must the operator training course be completed?
60.2075  How do I obtain my operator qualification?
60.2080  How do I maintain my operator qualification?
60.2085  How do I renew my lapsed operator qualification?
60.2090  What site-specific documentation is required?
60.2095  What if all the qualified operators are temporarily 
unavailable?

[[Page 67110]]

Emission Limits

60.2100  What pollutants are regulated by this subpart?
60.2105  What emission limits must I meet, and by when?
60.2110  What happens during periods of startup, shutdown, and 
malfunction?

Stack Testing and Compliance

60.2115  What types of stack tests must I conduct?
60.2120  How are the stack test data used?
60.2125  May I conduct stack testing less often?
60.2130  How do I conduct the initial stack test?
60.2135  What are my operating parameter requirements?
60.2140  How do I determine compliance?
60.2145  May I conduct a repeat stack test to establish new 
operating parameters?

Monitoring

60.2150  What monitoring equipment must I install and what 
parameters must I monitor?
60.2155  Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

60.2160  What records must I keep?
60.2165  Where must I keep my records?
60.2170  What must I submit prior to commencing construction?
60.2175  What information must I submit prior to initial startup?
60.2180  What information must I submit following my initial stack 
test?
60.2185  When must I submit my annual report?
60.2190  What information must I include in my annual report?
60.2195  What else must I report if I am out-of-compliance with 
these standards?
60.2200  If an out-of-compliance report is required, when must I 
submit it?
60.2205  What must I include in the out-of-compliance reports?
60.2210  Are there any other notifications or reports that I must 
submit?
60.2215  In what form can I submit my reports?
60.2220  Can reporting dates be changed?

Air Curtain Incinerators That Burn 100 Percent Wood Wastes and Clean 
Lumber

60.2225  What is an air curtain incinerator?
60.2230  What are the emission limits for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?
60.2235  How must I monitor opacity for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?
60.2240  What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent wood wastes and clean 
lumber?

Definitions

60.2245  What definitions must I know?

Tables of Subpart CCCC

Table 1 of Subpart CCCC--Emission Limits for New Sources.
Table 2 of Subpart CCCC--Operating Parameters to be Monitored and 
Minimum Measurement and Recording Frequencies for Wet Scrubbers.

Introduction


Sec. 60.2000  What does this subpart do?

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


Sec. 60.2005  When does this subpart become effective?

    This subpart takes effect 6 months after promulgation of the final 
rule in the Federal Register. Some of the requirements in this subpart 
apply to planning the CISWI unit and must be completed even before 
construction is initiated on the CISWI unit (i.e., the preconstruction 
requirements in Secs. 60.2040 and 60.2045). Other requirements such as 
the emission limits apply after the CISWI unit begins operation.

Applicability


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

    Yes, if your incineration unit meets all of the following criteria:
    (a) Your incineration unit is a new incineration unit as defined in 
Sec. 60.2015--``What is a new incineration unit?';
    (b) Your CISWI unit burns solid waste as defined in Sec. 60.2245--
``What definitions must I know?'.
    (c) Your incineration unit burns less than 90 percent by weight 
(instantaneous basis) pathological waste as defined in Sec. 60.2245.
    (d) Your incineration unit burns less than 90 percent by weight 
(instantaneous basis) agricultural wastes as defined in Sec. 60.2245.
    (e) Your incineration unit is not regulated under subpart Ea of 
this part (Standards of Performance for Municipal Waste Combustors), 
subpart Eb of this part (Standards of Performance for Municipal Waste 
Combustors for Which Construction is Commenced After September 20, 
1994), or subpart AAAA of this part (Standards of Performance for New 
Stationary Sources: Small Municipal Waste Combustion Units).
    (f) Your incineration unit is not regulated under subpart Ec of 
this part (Standards of Performance for Hospital/Medical/Infectious 
Waste Incinerators for Which Construction is Commenced After June 20, 
1996).


Sec. 60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets 
either of the following two criteria:
    (1) Commenced construction after November 30, 1999.
    (2) Commenced reconstruction or modification 6 months (or later) 
after promulgation of this subpart.
    (b) This subpart does not affect your incineration unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the emission guidelines in subpart DDDD of this part 
(Emission Guidelines and Compliance Times for Commercial and Industrial 
Solid Waste Incineration Units). Such changes do not qualify as 
reconstruction or modification under this subpart.


Sec. 60.2020  Does this subpart allow any exemptions?

    Yes. This subpart allows the following statutory exemptions:
    (a) Small power production facilities. You are exempt from this 
subpart if you meet all of the following 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 burns homogeneous waste (not including 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.
    (b) Cogeneration facilities. You are exempt from this subpart if 
you meet all of the following 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 burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You provide the Administrator with documentation that the unit 
qualifies for this exemption.
    (c) 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.
    (d) Materials recovery units. You are exempt from this subpart if 
your unit combusts waste for the primary purpose of recovering metals. 
This includes primary and secondary smelters.

[[Page 67111]]

    (e) Air curtain incinerators. If your air curtain incinerator (see 
Sec. 60.2245 for definition) burns 100 percent wood waste and clean 
lumber, you must only meet the requirements under ``Air Curtain 
Incinerators That Burn 100 Percent Wood Wastes and Clean Lumber'' 
(Secs. 60.2225 through 60.2240).


Sec. 60.2025  Can the Administrator delegate authority to enforce these 
Federal standards to a State agency?

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


Sec. 60.2030  How are the standards structured?

    The standards contain seven major components, as follows:
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limits.
    (e) Stack testing and compliance.
    (f) Monitoring.
    (g) Recordkeeping and reporting.


Sec. 60.2035  Do all seven components of the standards apply at the 
same time?

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

Preconstruction Siting Analysis


Sec. 60.2040  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of a CISWI unit after promulgation of this subpart in the 
Federal Register.
    (b) You must prepare a siting analysis if you are required to 
submit an initial application for a construction permit under 40 CFR 
part 51, subpart I, or 40 CFR part 52, as applicable, for the 
reconstruction or modification of your CISWI unit.


Sec. 60.2045  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, the analysis may 
consider costs, energy impacts, non-air environmental impacts, or any 
other factors related to the practicability of the alternatives.
    (b) Analyses of your CISWI unit's impacts that are prepared to 
comply with the State, local, or other Federal regulatory requirements 
may be used to satisfy the requirements of this section, provided they 
include the consideration of air pollution control alternatives 
specified in paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec. 60.2170(c) prior to commencing 
construction.

Waste Management Plan


Sec. 60.2050  What is a waste management plan?

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


Sec. 60.2055  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing 
construction.


Sec. 60.2060  What should I include in my waste management plan?

    A waste management plan may include, but is not limited to, the 
reduction or separation of waste-stream elements such as paper, 
cardboard, plastics, glass, batteries, or metals; or the use of 
recyclable materials. The waste management plan may include different 
goals or approaches for different areas or departments of the facility 
and need not include new waste management goals for every waste stream. 
It should identify, where possible, reasonably available additional 
waste management measures, taking into account the effectiveness of 
waste management measures already in place, the costs of additional 
measures, the emission reductions expected to be achieved, and any 
other environmental or energy impacts they might have.

Operator Training and Qualification


Sec. 60.2065  What are the operator training and qualification 
requirements?

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
available within 1 hour. The trained and qualified CISWI unit operator 
may operate the CISWI unit directly or be the direct supervisor of one 
or more other plant personnel who operate the unit. If all qualified 
CISWI unit operators are temporarily unavailable, you must follow the 
procedures in Sec. 60.2095.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the following elements:
    (1) Training on the following subjects:
    (i) Environmental concerns, including types of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices;
    (vii) Actions to correct malfunctions or conditions that may lead 
to malfunction;
    (viii) Bottom and fly ash characteristics and handling procedures;
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards;
    (x) Pollution prevention; and
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that serve 
as reference material following completion of the course.


Sec. 60.2070  When must the operator training course be completed?

    The operator training course must be completed by the later of 
three dates:
    (a) Six months after your CISWI unit starts up.
    (b) One year after promulgation of this subpart.
    (c) The date before an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec. 60.2075  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec. 60.2065(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec. 60.2065(c)(2).

[[Page 67112]]

Sec. 60.2080  How do I maintain my operator qualification?

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


Sec. 60.2085  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the 
following methods:
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.2080.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2075(a).


Sec. 60.2090  What site-specific documentation is required?

    (a) You must maintain documentation at the facility that addresses 
the following:
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Procedures for monitoring incinerator operating parameters.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Secs. 60.2050 through 
60.2060.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted within 6 months after the effective 
date of this subpart or prior to an employee's assumption of 
responsibilities for operation of the CISWI unit, whichever date is 
later.
    (2) Subsequent reviews of the information listed in paragraph (a) 
of this section must be conducted not later than 12 months following 
the previous review.
    (c) The information listed in paragraph (a) of this section must be 
kept in a readily accessible location for all CISWI unit operators. 
This information, along with records of training must be available for 
inspection by the EPA or its delegated enforcement agent upon request.


Sec. 60.2095  What if all the qualified operators are temporarily 
unavailable?

    If all qualified operators are temporarily unavailable, you must 
meet one of two criteria, depending on the length of time that a 
qualified operator is away:
    (a) When all qualified operators are unavailable for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit. However, 
you must record the period when all qualified operators were 
unavailable and include this information in the annual report as 
specified under Sec. 60.2190.
    (b) When all qualified operators are unavailable for 2 weeks or 
more, you must take two actions:
    (1) Notify the Administrator in writing within 10 days. In the 
notice, state what caused the absence and what you are doing to ensure 
that a qualified operator is available.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks. If the Administrator notifies you that the 
status report and corrective action summary are disapproved, the CISWI 
unit may continue operation for 90 days, then must cease operation. If 
corrective actions are taken within the 90-day period and the 
Administrator withdraws the disapproval, the CISWI unit may continue 
operation.

Emission Limits


Sec. 60.2100  What pollutants are regulated by this subpart?

    Ten pollutants are regulated:
    (a) Cadmium.
    (b) Carbon monoxide.
    (c) Dioxins/furans.
    (d) Hydrogen chloride.
    (e) Lead.
    (f) Mercury.
    (g) Opacity.
    (h) Oxides of nitrogen.
    (i) Particulate matter.
    (j) Sulfur dioxide.


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

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


Sec. 60.2110  What happens during periods of startup, shutdown, and 
malfunction?

    (a) The standards of this subpart apply at all times except during 
CISWI unit startups, shutdowns, or malfunctions.
    (b) Each startup, shutdown, or malfunction must last no longer than 
3 hours.

Stack Testing and Compliance


Sec. 60.2115  What types of stack tests must I conduct?

    (a) You must conduct an initial stack test to measure the emission 
levels of the pollutants listed in table 1 of this subpart (except for 
carbon monoxide and oxides of nitrogen) within 60 days after your CISWI 
unit reaches the charge rate at which it will operate, but no later 
than 180 days after its initial startup.
    (b) You must conduct annual stack tests for particulate matter, 
hydrogen chloride, and opacity within 12 months following the initial 
stack test. Conduct subsequent annual stack tests within 12 months 
following the previous one.


Sec. 60.2120  How are the stack test data used?

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


Sec. 60.2125  May I conduct stack testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least 3 years, and all stack tests for the pollutant 
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive 
years show that you comply with the emission limit. In this case, you 
do not have to conduct a stack test for that pollutant for the next 2 
years. You must do a stack test during the third year and no more than 
36 months following the previous stack test.
    (b) If your CISWI unit continues to meet the emission limit for 
particulate matter, hydrogen chloride, or opacity, you may choose to 
conduct stack tests for these pollutants every third year, but each 
such test must be within 36 months of the previous stack test.
    (c) If a stack test shows noncompliance with an emission limit for 
particulate matter, hydrogen chloride, or opacity, you must conduct 
annual stack tests for that pollutant until all stack tests over a 3-
year period show compliance.

[[Page 67113]]

Sec. 60.2130  How do I conduct the initial stack test?

    You must conduct an initial stack test for each CISWI unit as 
required under Sec. 60.2115 to determine compliance with the emission 
limits using the test methods listed in table 1 of this subpart and the 
procedures listed in paragraphs (a) through (e) of this section. The 
use of the bypass stack during a stack test invalidates the stack test.
    (a) All stack tests must consist of a minimum of three test runs 
conducted under conditions representative of normal operations.
    (b) All stack tests must be conducted using the minimum run 
duration specified in the test method.
    (c) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (d) Method 3 or 3A of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3 or 3A of appendix A of this part must be used simultaneously 
with each method.
    (e) The pollutant concentrations must be adjusted to 7 percent 
oxygen using the following equation:

Cadj=Cmeas (20.9-7)/(20.9-%O2)

Where:

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


Sec. 60.2135  What are my operating parameter requirements?

    (a) If you are using a wet scrubber to comply, you must:
    (1) Establish the appropriate maximum and minimum site specific 
operating parameters indicated in table 2 of this subpart during the 
initial stack test; and
    (2) Following the date on which the initial stack test is 
completed, you must not operate the CISWI unit above any of the 
applicable maximum operating parameters or below any of the applicable 
minimum operating parameters listed in table 2 of this subpart. 
Parameters must be measured and calculated as 3-hour rolling averages 
(calculated each hour as the average of the previous 3 operating hours) 
at all times except during periods of startup, shutdown, and 
malfunction. Operating parameter limits do not apply during stack 
tests.
    (b) If you are using an air pollution control device other than a 
wet scrubber to comply with the emission limits under Sec. 60.2105, you 
must petition the Administrator for other site-specific operating 
parameters to be established during the initial stack test and 
continuously monitored thereafter. You must not conduct the initial 
stack test until after the petition has been approved by the 
Administrator.


Sec. 60.2140  How do I determine compliance?

    (a) Compliance with the emission limits is determined by the 
initial and the annual stack tests.
    (b) Operation above the established maximum or below the 
established minimum operating parameter(s) constitutes a violation of 
established operating parameter requirements. Three-hour rolling 
average values are used to determine compliance unless a different 
averaging period is established under Sec. 60.2135(b).


Sec. 60.2145  May I conduct a repeat stack test to establish new 
operating parameters?

    Yes. You may conduct a repeat stack test at any time to establish 
new values for the operating parameters. The Administrator may request 
a repeat stack test at any time.

Monitoring


Sec. 60.2150  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate devices (or establish methods) for monitoring the 
applicable maximum and minimum operating parameters listed in table 2 
of this subpart. These devices (or methods) must measure and record 
values for these operating parameters at the frequencies indicated in 
table 2 of this subpart at all times except during periods of startup, 
shutdown, and malfunction.
    (b) You must also install, calibrate (to manufacturers' 
specifications), maintain, and operate a device or establish a 
procedure for measuring the use of the bypass stack including date, 
time, and duration.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limits under Sec. 60.2105 you must install, calibrate 
(to the manufacturers' specifications), maintain, and operate the 
equipment necessary to monitor the site-specific operating parameters 
established using the procedures in Sec. 60.2135(b).


Sec. 60.2155  Is there a minimum amount of monitoring data I must 
obtain?

    Yes. You must obtain monitoring data at all times during CISWI unit 
operation except as required in Sec. 60.2135 or during periods of 
monitoring equipment malfunction, calibration, or repair. At a minimum, 
valid monitoring data must be obtained for 75 percent of the CISWI unit 
operating hours, per calendar day, for 90 percent of the CISWI unit 
operating days, per calendar quarter, that the CISWI unit is burning 
solid waste.

Recordkeeping and Reporting


Sec. 60.2160  What records must I keep?

    You must maintain the following information (as applicable) for a 
period of at least 5 years:
    (a) Calendar date of each record.
    (b) Records of the following data:
    (1) CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet during each minute 
of operation, as applicable.
    (3) Horsepower or amperage to the wet scrubber during each minute 
of operation, as applicable.
    (4) Pressure drop across the wet scrubber system during each minute 
of operation, as applicable.
    (5) Liquor pH as introduced to the wet scrubber during each minute 
of operation, as applicable.
    (6) Records indicating use of the bypass stack, including dates, 
times, durations, reasons, and corrective actions taken.
    (7) For affected CISWI units that establish operating parameters 
for controls other than wet scrubbers under Sec. 60.2135(b), you must 
maintain all operating parameter data collected.
    (c) Identification of calendar dates for which the minimum amount 
of data on operating parameters specified under paragraph (b) of this 
section have not been obtained. The minimum amount of data is specified 
in Sec. 60.2155. Identify the operating parameters not measured, 
reasons for not obtaining the data, and a description of corrective 
actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates for which data on operating 
parameters specified under paragraph (b) of this section exceeded the 
applicable limits, with a description of the exceedances, reasons for 
such exceedances, and a description of corrective actions taken. Three-
hour rolling average values must be used to determine operating 
parameter exceedances, unless a

[[Page 67114]]

different averaging period is established under Sec. 60.2135(b).
    (f) The results of the initial, annual, and any subsequent stack 
tests conducted to determine compliance with the emission limits and/or 
to establish operating parameters, as applicable. Retain a copy of the 
complete test report including calculations.
    (g) All documentation produced as a result of the siting 
requirements of Sec. 60.2045.
    (h) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2090(a) as required by 
Sec. 60.2090(b), including the date of the initial review and all 
subsequent annual reviews.
    (i) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2065, 
including documentation of training and the dates of the training.
    (j) Records showing the names of the CISWI operators who have met 
the criteria for qualification under Sec. 60.2075, and the dates of 
their qualification, and all subsequent renewals of such 
qualifications.
    (k) Records of calibration of any monitoring devices as required 
under Sec. 60.2150.
    (l) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.


Sec. 60.2165  Where must I keep my records?

    All records must be maintained onsite in either paper copy or 
computer-readable format that can be printed upon request, unless an 
alternative format is approved by the Administrator.


Sec. 60.2170  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction 
that includes the following information:
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting 
requirements of Sec. 60.2045.
    (d) The waste management plan as specified in Secs. 60.2050 through 
60.2060.


Sec. 60.2175  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(d) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating 
parameters under Sec. 60.2135.
    (e) The anticipated date of initial start-up.


Sec. 60.2180  What information must I submit following my initial stack 
test?

    You must submit the information specified in paragraphs (a) and (b) 
of this section no later than 60 days following the initial stack test. 
All reports must be signed by the facilities manager.
    (a) The complete test report for the initial stack test results 
obtained under Sec. 60.2130, as applicable.
    (b) The values for the site-specific operating parameters 
established in Sec. 60.2135.


Sec. 60.2185  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec. 60.2180. You must submit 
subsequent reports no more than 12 months following the previous 
report. (Once the unit is subject to permitting requirements under 
title V of the Clean Air Act, you may be required by the permit to 
submit these reports semiannually.)


Sec. 60.2190  What information must I include in my annual report?

    The annual report required under Sec. 60.2185 must include the 
information specified in paragraphs (a) through (f) of this section. 
All reports must be signed by the facility manager.
    (a) The values for the site-specific operating parameters 
established pursuant to Sec. 60.2135.
    (b) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported.
    (c) Information recorded under Sec. 60.2160 (c) through (e) for the 
calendar year being reported. If no exceedances or malfunctions were 
reported, a statement that no exceedances occurred during the reporting 
period.
    (d) If a stack test was conducted during the reporting period, the 
results of that test.
    (e) Any use of the bypass stack, the duration, reason for bypass, 
and corrective action taken.
    (f) Documentation of periods when all qualified CISWI unit 
operators were unavailable for more than 8 hours.


Sec. 60.2195  What else must I report if I am out-of-compliance with 
these standards?

    You must submit a report if any recorded 3-hour average parameter 
level is above the maximum value or below the minimum value established 
under this subpart, or if a stack test was conducted that exceeded any 
emission limit.


Sec. 60.2200  If an out-of-compliance report is required, when must I 
submit it?

    If you are required to submit a report under Sec. 60.2195:
    (a) For data collected during the first half of a calendar year 
(January 1 to June 30), submit your report by August 1 of that year.
    (b) For data you collected during the second half of the calendar 
year (July 1 to December 31), submit the report by February 1 of the 
following year.


Sec. 60.2205  What must I include in the out-of-compliance reports?

    In each report required under Sec. 60.2195, for any pollutant or 
parameter that exceeded the limits specified in this subpart, include 
the following information:
    (a) The calendar date your unit exceeded the limits.
    (b) The averaged and recorded data for that date.
    (c) The reasons for exceeding the limits and your corrective 
actions.
    (d) A copy of the operating parameter monitoring data and any test 
report that documents the emission levels.


Sec. 60.2210  Are there any other notifications or reports that I must 
submit?

    (a) You must submit notifications as provided by Sec. 60.7.
    (b) If all qualified operators are unavailable for more than 2 
weeks, you must submit a notification within 10 days. In addition, you 
must submit a status report and corrective action summary to the 
Administrator every 4 weeks.


Sec. 60.2215  In what form can I submit my reports?

    Submit initial, annual, and semiannual electronic or paper reports, 
postmarked on or before the submittal due dates.


Sec. 60.2220  Can reporting dates be changed?

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

[[Page 67115]]

Air Curtain Incinerators That Burn 100 Percent Wood Wastes and 
Clean Lumber


Sec. 60.2225  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. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)


Sec. 60.2230  What are the emission limits for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?

    (a) Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup, you must meet two limits:
    (1) The opacity limit is 10 percent (6-minute average).
    (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, and each malfunction must not exceed 3 hours.


Sec. 60.2235  How must I monitor opacity for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?

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


Sec. 60.2240  What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent wood wastes and clean 
lumber?

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

Definitions


Sec. 60.2245  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency, if delegated by EPA.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Biomass fuel means untreated wood and wood products (e.g., trees, 
tree stumps, tree limbs, bark, lumber, sawdust, sanderdust, chips, 
scraps, slabs, millings, and shavings); vegetative agricultural and 
silvicultural materials, such as logging residues (slash), nut and 
grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), 
bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds; 
and alcohol fuels derived from these materials. Biomass does not 
include: painted, pigment-stained, or pressure-treated materials (e.g., 
telephone poles and railroad ties); sewage sludge, paper mill sludge, 
fermentation tank bottoms, or other sludges; or construction, 
renovation, and demolition wastes. Pressure treating compounds include, 
but are not limited to, chromate copper arsenate, pentachlorophenol, 
and creosote.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1, and 
ending on December 31.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Clean wood means untreated wood or untreated wood products 
including clean 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.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388-77, Standard Specification for Classification of 
Coals by Rank (see Sec. 60.17), coal refuse, and petroleum coke. 
Synthetic fuels derived from coal for the purpose of creating useful 
heat, including but not limited to solvent-refined coal, gasified coal, 
coal-oil mixtures, and coal-water mixtures, are included in this 
definition for the purposes of this subpart.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and 
a heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Commercial and industrial solid waste incineration (CISWI) unit 
means an enclosed device using controlled flame combustion that burns 
solid waste or an air curtain incinerator that burns solid waste, and 
that is a distinct operating unit of any commercial or industrial 
facility. This definition includes field-erected, modular, and custom 
built incineration units (starved-or excess-air), and air curtain 
incinerators. The boundaries of a CISWI unit are defined as follows. 
The CISWI unit includes, but is not limited to, the commercial or 
industrial solid waste fuel feed system, grate system, flue gas system, 
and bottom ash. The CISWI unit does not include air pollution control 
equipment or the stack. The CISWI unit boundary starts at the 
commercial and

[[Page 67116]]

industrial solid waste hopper (if applicable) and extends through two 
areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) 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.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than 6 months after 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 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of 
which the principal constituent is methane.
    (2) Liquid petroleum gas, as defined by the American Society of 
Testing and Materials in ASTM D1835-82, Standard Specification for 
Liquid Petroleum Gases (IBR-see Sec. 60.17).
    Oil means crude oil or petroleum or a liquid or gaseous fuel 
derived from crude oil or petroleum, including distillate oil (Nos. 1-
4) and residual oil (Nos. 5 and 6).
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of appendix A of this 
part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins 6 months or more after promulgation 
of this subpart.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Solid waste means, for the purpose of this subpart only, any solid, 
liquid, semisolid, or contained gaseous material, which is combusted, 
including but not limited to materials listed in paragraph (1) of this 
definition. Solid waste excludes fuels defined in paragraph (2) of this 
definition and materials specifically listed in paragraph (3) of this 
definition.
    (1) The following materials are solid wastes, regardless of the 
provisions in paragraph (2) of this definition:
    (i) Any material which is combusted without energy recovery (i.e., 
where the material displaces other fuels to produce useful heat), 
except as provided in paragraph (3) of this definition.
    (ii) Municipal solid waste, as defined in 40 CFR part 60, subpart 
Ea, subpart Eb, subpart AAAA and subpart BBBB.
    (iii) Hospital waste, as defined in 40 CFR part 60, subpart Ec.
    (iv) Medical/infectious waste, as defined in 40 CFR part 60, 
subpart Ec.
    (v) Resource Conservation and Recovery Act hazardous wastes, as 
defined in 40 CFR part 261.
    (2) The following materials are fuels when combusted in a device 
that incorporates energy recovery as part of its integral design (e.g., 
for the production of hot water or steam). The combustion chamber and 
the energy recovery system must be physically formed into one 
manufactured or assembled unit. A unit in which the combustion chamber 
and the energy recovery system are joined only by ducts or connections 
carrying flue gas is not integrally designed.
    (i) Biomass fuel, coal, natural gas, and oil, as defined elsewhere 
in this section;
    (ii) Materials that have a heat content of 5,000 Btu/lb or more as 
fired. This criterion applies to each individual feed stream to a 
combustion unit.
    (3) The following materials are not solid waste when combusted for 
the primary purpose of recovering chemical constituents: pulping 
liquors (i.e., black liquor) that are reclaimed in a pulping liquor 
recovery process and reused in the pulping process; spent sulfuric acid 
used to produce virgin sulfuric acid; and wood and coal feedstock for 
the production of charcoal.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 deg. F (20 deg. C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using Method 23 of appendix A of this part.
    Wet scrubber means an add-on air pollution control device that 
utilizes an alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. It comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean wood, which is defined elsewhere in this section.

[[Page 67117]]



                            Table 1 of Subpart CCCC--Emission Limits for New Sources.
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
                                         You must meet these     Using these averaging    compliance using these
                                           emission limitsa              times                   methods
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.03 milligrams per dry  3-run average (run       Stack test (Method 29
                                        standard cubic meter.    duration specified in    of appendix A of this
                                                                 test method).            part).
Carbon monoxide......................  157 parts per million    Not applicable.........  Not required.
                                        by dry volume.
Dioxins/furans (total mass basis)....  0.37 nanograms per dry   3-run average (run       Stack test (Method 23
                                        standard cubic meter.    duration specified in    of appendix A of this
                                                                 test method).            part).
Hydrogen chloride....................  62 parts per million by  3-run average (run       Stack test (Method 26
                                        dry volume.              duration specified in    of appendix A of this
                                                                 test method).            part).
Lead.................................  2.1 milligrams per dry   3-run average (run       Stack test (Method 29
                                        standard cubic meter.    duration specified in    of appendix A of this
                                                                 test method).            part).
Mercury..............................  0.005 milligrams per     3-run average (run       Stack test (Method 29
                                        dry standard cubic       duration specified in    of appendix A of this
                                        meter.                   test method).            part).
Opacity..............................  10 percent.............  6-minute averages......  Stack test (Method 9 of
                                                                                          appendix A of this
                                                                                          part).
Oxides of nitrogen...................  388 parts per million    Not applicable.........  Not required.
                                        by dry volume.
Particulate matter...................  70 milligrams per dry    3-run average (run       Stack test (Method 5 or
                                        standard cubic meter.    duration specified in    29 of appendix A of
                                                                 test method).            this part).
Sulfur dioxide.......................  20 parts per million by  3-run average (run       Stack test (Method 6 of
                                        dry volume.              duration specified in    appendix A of this
                                                                 test method).            part).
----------------------------------------------------------------------------------------------------------------
a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.


    Table 2 of Subpart CCCC.--Operating Parameters To Be Monitored and Minimum Recording Frequencies for Wet
                                                    Scrubbers
----------------------------------------------------------------------------------------------------------------
                                                           Using these minimum frequencies
  You must monitor these operating  ----------------------------------------------------------------------------
             parameters                 Data measurement         Data recording             Averaging time
----------------------------------------------------------------------------------------------------------------
Maximum operating parameters:        Continuous............  Every hour............  3-hour rolling.
 Maximum charge rate.
Minimum operating parameters:
    Minimum pressure drop across     Continuous............  Every minute..........  3-hour rolling.
     the wet scrubber, or minimum
     horsepower or amperage to wet
     scrubber.
    Minimum scrubber liquor flow     Continuous............  Every minute..........  3-hour rolling.
     rate.
    Minimum scrubber liquor pH.....  Continuous............  Every minute..........  3-hour rolling.
----------------------------------------------------------------------------------------------------------------

    3. Part 60 is amended by adding subpart DDDD to read as follows:

Subpart DDDD--Emissions Guidelines and Compliance Times for 
Commercial and Industrial Solid Waste Incineration Units

Sec.

Introduction

60.2500  What is the purpose of this subpart?
60.2505  Am I affected by this subpart?
60.2510  Is a State plan required for all States?
60.2515  What must I include in my State plan?
60.2520  Is there an approval process for my State plan?
60.2525  What if my State plan is not approvable?
60.2530  Is there an approval process for a negative declaration 
letter?
60.2535  What compliance schedule must I include in my State plan?
60.2540  Are there any State plan requirements for this subpart that 
apply instead of the requirements specified in subpart B?
60.2545  Does this subpart directly affect CISWI unit owners and 
operators in my State?

Applicability of State Plans

60.2550  What CISWI units must I address in my State plan?
60.2555  Are any CISWI units exempt from my State plan?

Use of Model Rule

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

Model Rule--Increments of Progress

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

Model Rule--Waste Management Plan

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

[[Page 67118]]

Model Rule--Operator Training and Qualification

60.2635  What are the operator training and qualification 
requirements?
60.2640  When must the operator training course be completed?
60.2645  How do I obtain my operator qualification?
60.2650  How do I maintain my operator qualification?
60.2655  How do I renew my lapsed operator qualification?
60.2660  What site-specific documentation is required?
60.2665  What if all the qualified operators are temporarily 
unavailable?

Model Rule--Emission Limits

60.2670  What pollutants are regulated by this subpart?
60.2675  What emission limits must I meet, and by when?
60.2680  What happens during periods of startup, shutdown, and 
malfunction?

Model Rule--Stack Testing and Compliance

60.2685  What types of stack tests must I conduct?
60.2690  How are the stack test data used?
60.2695  May I conduct stack testing less often?
60.2700  How do I conduct the initial stack test?
60.2705  What are my operating parameter requirements?
60.2710  How do I determine compliance?
60.2715  May I conduct a repeat stack test to establish new 
operating parameters?

Model Rule--Monitoring

60.2720  What monitoring equipment must I install and what 
parameters must I monitor?
60.2725  Is there a minimum amount of monitoring data I must obtain?

Model Rule--Recordkeeping and Reporting

60.2730  What records must I keep?
60.2735  Where must I keep my records?
60.2737  When must I submit my waste management plan?
60.2740  What information must I submit following my initial stack 
test?
60.2745  When must I submit my annual report?
60.2750  What information must I include in my annual report?
60.2755  What else must I report if I am out of compliance with 
these standards?
60.2760  If an out-of-compliance report is required, when must I 
submit it?
60.2765  What must I include in the out-of-compliance reports?
60.2770  Are there any other notifications or reports that I must 
submit?
60.2775  In what form can I submit my reports?
60.2780  Can reporting dates be changed?

Model Rule--Air Curtain Incinerators That Burn 100 Percent Wood Wastes 
and Clean Lumber

60.2785  What is an air curtain incinerator?
60.2790  What are my requirements for meeting increments of progress 
and achieving final compliance?
60.2795  When must I complete each increment of progress?
60.2800  What must I include in the notifications of achievement of 
increments of progress?
60.2805  When must I submit the notifications of achievement of 
increments of progress?
60.2810  What if I do not meet an increment of progress?
60.2815  How do I comply with the increment of progress for 
submittal of a control plan?
60.2820  How do I comply with the increment of progress for 
achieving final compliance?
60.2825  What must I do if I close my air curtain incinerator and 
then restart it?
60.2830  What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?
60.2835  What are the emission limits for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?
60.2840  How must I monitor opacity for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?
60.2845  What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent wood wastes and clean 
lumber?

Model Rule--Definitions

60.2850  What definitions must I know?

Tables of Subpart DDDD

Table 1 of Subpart DDDD--Model Rule--Increments of Progress and 
Compliance Schedules
Table 2 of Subpart DDDD--Emission Limits of New Sources
Table 3 of Subpart DDDD--Operating Parameters to be Monitored and 
Minimum Recording Frequencies for Wet Scrubbers

Introduction


Sec. 60.2500  What is the purpose of this subpart?

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


Sec. 60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing CISWI 
units that commenced construction on or before November 30, 1999, you 
must submit a State plan to EPA that implements the emission guidelines 
contained in this subpart.
    (b) You must submit the State plan to EPA within 1 year after the 
promulgation of this subpart.


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

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


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

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


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

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


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

    If you do not submit an approvable State plan (or a negative 
declaration letter) within 2 years after promulgation

[[Page 67119]]

of this subpart, EPA will develop a Federal plan according to 
Sec. 60.27 to implement the emission guidelines contained in this 
subpart. Owners and operators of CISWI units not covered by an approved 
State plan must comply with the Federal plan. The Federal plan is an 
interim action and will be automatically withdrawn when your State plan 
is approved.


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

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


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

    (a) Your State plan must include compliance schedules that require 
CISWI units to achieve final compliance as expeditiously as practicable 
after approval of the State plan but not later than the earlier of two 
dates:
    (1) Five years after [the date of promulgation of the final rule].
    (2) Three years after the effective date of State plan approval.
    (b) For compliance schedules more than 1 year following the 
effective date of State plan approval, State plans must include dates 
for enforceable increments of progress as specified in Sec. 60.2580.


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

    Yes. Subpart B established general requirements for developing and 
processing section 111(d) plans. This subpart applies instead of the 
requirements in subpart B of this part for the following:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all CISWI units to comply within 5 years after 
promulgation of this subpart or 3 years after the effective date of 
State plan approval, whichever is sooner. This applies instead of the 
option for case-by-case less stringent emission standards and longer 
compliance schedules in Sec. 60.24(f).
    (b) State plans developed to implement this subpart are required to 
include two increments of progress for the affected CISWI units. These 
two minimum increments are the final control plan submittal date and 
final compliance date in Sec. 60.21(h)(1) and (5). This applies instead 
of the requirement of Sec. 60.24(e)(1) that would require a State plan 
to include all five increments of progress for all CISWI units.


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

    (a) No. This subpart does not directly affect CISWI unit owners and 
operators in your State. However, CISWI unit owners and operators must 
comply with the State plan you develop to implement the emission 
guidelines contained in this subpart. Some States may choose to 
incorporate the emission guidelines contained in this subpart into 
their State plans by direct incorporation by reference. Others may want 
to include the model rule text directly in their State plan.
    (b) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart within 2 years after 
promulgation of this subpart, the EPA will implement and enforce a 
Federal plan, as provided in Sec. 60.2525, to ensure that each unit 
within your State reaches compliance with all the provisions of this 
subpart within 5 years after promulgation of this subpart.

Applicability of State Plans


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

    (a) Your State plan must address all existing CISWI units in your 
State that commenced construction on or before November 30, 1999.
    (b) If the owner of operator of a CISWI unit makes changes that 
meet the definition of modification or reconstruction 6 months (or 
later) after promulgation of subpart CCCC of this part (New Source 
Performance Standards for Commercial and Industrial Solid Waste 
Incineration Units), the CISWI unit becomes subject to subpart CCCC of 
this part and the State plan no longer applies to that unit.
    (c) If the owner or operator of a CISWI unit makes physical or 
operational changes to an existing CISWI unit primarily to comply with 
your State plan, subpart CCCC of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart CCCC of this part.
    (d) Your State plan must address all incineration units that meet 
all of the following criteria:
    (1) The incineration unit burns solid waste as defined in 
Sec. 60.2850--``What definitions must I know?''.
    (2) The incineration unit burns less than 90 percent by weight 
(instantaneous basis) pathological waste as defined in Sec. 60.2850.
    (3) The incineration unit burns less than 90 percent by weight 
(instantaneous basis) agricultural wastes as defined in Sec. 60.2850.
    (4) The incineration unit is not regulated under subpart Ea of this 
part (Standards of Performance for Municipal Waste Combustors), subpart 
Eb of this part (Standards of Performance for Municipal Waste 
Combustors for Which Construction is Commenced After September 20, 
1994), subpart Cb of this part (Emission Guidelines and Compliance 
Times for Municipal Waste Combustors That are Constructed on or Before 
December 19, 1995), subpart AAAA of this part (Standards of Performance 
of New Stationary Sources: Small Municipal Waste Combustion Units), or 
subpart BBBB of this part (Emission Guidelines: Small Municipal Waste 
Combustion Units).
    (5) The incineration unit is not regulated under subpart Ec of this 
part (Standards of Performance for Hospital/Medical/Infectious Waste 
Incinerators for Which Construction is Commenced After June 20, 1996) 
or subpart Ce of this part (Emission Guidelines and Compliance Times 
for Hospital/Medical/Infectious Waste Incinerators).


Sec. 60.2555  Are any CISWI units exempt from my State plan?

    Yes. This subpart allows the following statutory exemptions:
    (a) Small power production facilities. A unit is exempt from your 
State plan if four requirements are met:
    (1) The unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit combusts homogeneous waste (not including refuse-
derived fuel) to produce electricity.
    (3) You are notified by the owner or operator that the unit 
qualifies for this exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for this exemption.
    (b) Cogeneration facilities. A unit is exempt from your State plan 
if four requirements are met:
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit combusts homogeneous waste (not including refuse-
derived fuel) to produce electricity and steam or other forms of energy 
used for industrial, commercial, heating, or cooling purposes.

[[Page 67120]]

    (3) You are notified by the owner or operator that the unit 
qualifies for this exemption.
    (4) You receive documentation from the owner or operator that the 
unit qualifies for this exemption.
    (c) Hazardous waste combustion units. A unit is exempt from your 
State plan if the unit has received a permit under section 3005 of the 
Solid Waste Disposal Act.
    (d) Materials recovery units. A unit is exempt from your State plan 
if the unit combusts waste for the primary purpose of recovering 
metals. This includes primary and secondary smelters.
    (e) Air curtain incinerators. If an air curtain incinerator (see 
Sec. 60.2850 for definition) combusts 100 percent wood waste and clean 
lumber, then the unit must meet only the requirements under ``Model 
Rule--Air Curtain Incinerators That Burn 100 Percent Wood Wastes and 
Clean Lumber'' (Secs. 60.2785 through 60.2845).

Use of Model Rule


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

    (a) The model rule provides the emission guidelines requirements in 
a standard regulation format. You must develop a State plan that is at 
least as protective as the model rule. You may use the model rule 
language as part of your State plan. Alternative language may be used 
in your State plan if you demonstrate that the alternative language is 
at least as protective as the model rule contained in this subpart.
    (b) In the ``model rule'' of Secs. 60.2575 to 60.2850, ``you'' 
means the owner or operator of a CISWI unit.


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

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


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

    The model rule contains seven major components, as follows:
    (a) Increments of progress toward compliance.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limits.
    (e) Stack testing and compliance.
    (f) Monitoring.
    (g) Recordkeeping and reporting.

Model Rule--Increments of Progress


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

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


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

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


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

    Your notification of achievement of increments of progress must 
include three items:
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with each increment of 
progress (see Sec. 60.2600).
    (c) Signature of the owner or operator of the CISWI unit.


Sec. 60.2590  When must I submit the notifications of achievement of 
increments of progress?

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


Sec. 60.2595  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date for that increment of progress in table 1 of this 
subpart. You must inform the Administrator that you did not meet the 
increment and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.


Sec. 60.2600  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy two 
requirements:
    (a) Submit the final control plan that includes the following:
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission limits 
and other requirements of this subpart.
    (2) The type(s) of waste to be burned.
    (3) The maximum design waste burning capacity.
    (4) The anticipated maximum charge rate.
    (5) If applicable, the petition for site-specific operating 
parameters under Sec. 60.2705(b).
    (b) Maintain an onsite copy of the final control plan.


Sec. 60.2605  How do I comply with the increment of progress for 
achieving final compliance?

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


Sec. 60.2610  What must I do if I close my CISWI unit and then restart 
it?

    (a) If you close your CISWI unit but will restart it prior to the 
final compliance date in your State plan, you must meet the increments 
of progress specified in Sec. 60.2575.
    (b) If you close your CISWI unit but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limits on the date your unit restarts operation.


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

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

Model Rule--Waste Management Plan


Sec. 60.2620  What is a waste management plan?

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


Sec. 60.2625  When must I submit my waste management plan?

    You must submit a waste management plan no later than the date 
specified in table 1 for submittal of the final control plan.


Sec. 60.2630  What should I include in my waste management plan?

    A waste management plan may include, but is not limited to, the 
reduction or separation of waste-stream elements such as paper, 
cardboard, plastics, glass, batteries, or metals; or the use of 
recyclable materials. The waste management plan may include different 
goals or approaches for different areas or departments of the facility 
and need not include new waste management goals for every waste stream. 
It should identify, where possible, reasonably available additional

[[Page 67121]]

waste management measures, taking into account the efffectiveness of 
waste management measures already in place, the costs of additional 
measures, the emission reductions expected to be achieved, and any 
other environmental or energy impacts they might have.

Model Rule--Operator Training and Qualification


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

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
available within 1 hour. The trained and qualified CISWI unit operator 
may operate the CISWI unit directly or be the direct supervisor of one 
or more other plant personnel who operate the unit. If all qualified 
CISWI unit operators are temporarily unavailable, you must follow the 
procedures in Sec. 60.2665.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the following elements:
    (1) Training on the following subjects:
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.


Sec. 60.2640  When must the operator training course be completed?

    The operator training course must be completed by the later of 
three dates:
    (a) The final compliance date (Increment 2).
    (b) Six months after CISWI unit start up.
    (c) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec. 60.2645  How do I obtain my operator qualification?

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


Sec. 60.2650  How do I maintain my operator qualification?

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


Sec. 60.2655  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the 
following methods:
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec. 60.2650.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec. 60.2645(a).


Sec. 60.2660  What site-specific documentation is required?

    (a) You must maintain documentation at the facility that addresses 
the following:
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Procedures for monitoring incinerator operating parameters.
    (7) Reporting and recordkeeping procedures.
    (8) Procedures for handling ash.
    (9) The waste management plan required under Secs. 60.2620 through 
60.2630.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each CISWI unit operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of:
    (i) The final compliance date (Increment 2).
    (ii) Six months after CISWI unit start up.
    (iii) Six months after being assigned to operate CISWI unit.
    (2) Subsequent reviews of the information listed in paragraph (a) 
of this section must be conducted no later than 12 months following the 
previous review.
    (c) The information listed in paragraph (a) of this section must be 
kept in a readily accessible location for all CISWI unit operators. 
This information, along with records of training, must be available for 
inspection by the EPA or its delegated enforcement agent upon request.


Sec. 60.2665  What if all the qualified operators are temporarily 
unavailable?

    If all qualified operators are temporarily unavailable, you must 
meet one of two criteria, depending on the length of time that a 
qualified operator is away:
    (a) When all qualified operators are unavailable for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit. However, 
you must record the period when all qualified operators were 
unavailable and include this information in the annual report as 
specified under Sec. 60.2750(g).
    (b) When all qualified operators are unavailable for 2 weeks or 
more, you must take two actions:
    (1) Notify the Administrator in writing within 10 days. In the 
notice, state what caused the absence and what you are doing to ensure 
that a qualified operator is available.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks. If the Administrator notifies you that the 
status report and corrective action summary are disapproved, the CISWI

[[Page 67122]]

unit may continue operation for 90 days, then must cease operation. If 
corrective actions are taken within the 90-day period and the 
Administrator withdraws the disapproval, the CISWI unit may continue 
operation.

Model Rule--Emission Limits


Sec. 60.2670  What pollutants are regulated by this subpart?

    Ten pollutants are regulated:
    (a) Cadmium.
    (b) Carbon monoxide.
    (c) Dioxins/furans.
    (d) Hydrogen chloride.
    (e) Lead.
    (f) Mercury.
    (g) Opacity.
    (h) Oxides of nitrogen.
    (i) Particulate matter.
    (j) Sulfur dioxide.


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

    After the date the initial stack test is required or completed 
(whichever is earlier), you must meet the emission limits specified in 
table 2 of this subpart.


Sec. 60.2680  What happens during periods of startup, shutdown, and 
malfunction?

    (a) The standards of this subpart apply at all times except during 
CISWI unit startups, shutdowns, or malfunctions.
    (b) Each startup, shutdown, or malfunction must last no longer than 
3 hours.

Model Rule--Stack Testing and Compliance


Sec. 60.2685  What types of stack tests must I conduct?

    (a) You must conduct an initial stack test to measure the emission 
levels of the pollutants listed in table 2 of this subpart (except for 
carbon monoxide and oxides of nitrogen) no later than 180 days after 
your final compliance date. Your final compliance date is specified in 
table 1 of this subpart.
    (b) You must conduct annual stack tests for particulate matter, 
hydrogen chloride, and opacity beginning within 12 months following the 
initial stack test. Conduct subsequent annual stack tests within 12 
months following the previous one.


Sec. 60.2690  How are the stack test data used?

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


Sec. 60.2695  May I conduct stack testing less often?

    (a) You may test less often for a given pollutant if you have test 
data for at least 3 years, and all stack tests for the pollutant 
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive 
years show that you comply with the emission limit. In this case, you 
do not have to conduct a stack test for that pollutant for the next 2 
years. You must do a stack test during the third year and no more than 
36 months following the previous stack test.
    (b) If your CISWI unit continues to meet the emission limit for 
particulate matter, hydrogen chloride, or opacity, you may choose to 
conduct stack tests for these pollutants every third year, but each 
such test must be within 36 months of the previous stack test.
    (c) If a stack test shows noncompliance with an emission limit for 
particulate matter, hydrogen chloride, or opacity, you must conduct 
annual stack tests for that pollutant until all stack tests over a 3-
year period show compliance.


Sec. 60.2700  How do I conduct the initial stack test?

    You must conduct an initial stack test for each CISWI unit as 
required under Sec. 60.2685(a) to determine compliance with the 
emission limits using the test methods listed in table 2 of this 
subpart and the procedures listed in paragraphs (a) through (e) of this 
section. The use of the bypass stack during a stack test invalidates 
the stack test.
    (a) All stack tests must consist of a minimum of three test runs 
conducted under conditions representative of normal operations.
    (b) All stack tests must be conducted using the minimum run 
duration specified in the test method.
    (c) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (d) Method 3 or 3A of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3 or 3A of appendix A of this part must be used simultaneously 
with each method.
    (e) The pollutant concentrations must be adjusted to 7 percent 
oxygen using the following equation:

Cadj = Cmeas (20.9-7)/(20.9-%O2)

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


Sec. 60.2705  What are my operating parameter requirements?

    (a) If you are using a wet scrubber to comply, you must:
    (1) Establish the appropriate maximum and minimum site specific 
operating parameters indicated in table 3 of this subpart during the 
initial stack test; and
    (2) Following the date on which the initial stack test is completed 
you must not operate the CISWI unit above any of the applicable maximum 
operating parameters or below any of the applicable minimum operating 
parameters listed in table 3 of this subpart. Parameters must be 
measured and calculated as 3-hour rolling averages (calculated each 
hour as the average of the previous 3 operating hours) at all times 
except during periods of startup, shutdown and malfunction. Operating 
parameter limits do not apply during stack tests.
    (b) If you are using an air pollution control device other than a 
wet scrubber to comply with the emission limits under Sec. 60.2675, you 
must petition the Administrator for other site-specific operating 
parameters to be established during the initial stack test and 
continuously monitored thereafter. You must not conduct the initial 
stack test until after the petition has been approved by the 
Administrator.


Sec. 60.2710  How do I determine compliance?

    (a) Compliance with the emission limits is determined by the 
initial and the annual stack tests.
    (b) Operation above the established maximum or below the 
established minimum operating parameter(s) constitutes a violation of 
established operating parameter requirements. Three-hour rolling 
average values are used to determine compliance unless a different 
averaging period is established under Sec. 60.2705(b).


Sec. 60.2715  May I conduct a repeat stack test to establish new 
operating parameters?

    Yes. You may conduct a repeat stack test at any time to establish 
new values for the operating parameters. The Administrator may request 
a repeat stack test at any time.

Model Rule--Monitoring


Sec. 60.2720  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) You must install, calibrate (to manufacturers' specifications),

[[Page 67123]]

maintain, and operate devices (or establish methods) for monitoring the 
applicable maximum and minimum operating parameters listed in table 3 
of this subpart. These devices (or methods) must measure and record 
values for these operating parameters at the frequencies indicated in 
table 3 of this subpart at all times except during periods of startup, 
shutdown, and malfunction.
    (b) You must also install, calibrate (to manufacturers' 
specifications), maintain, and operate a device or establish a 
procedure for measuring the use of the bypass stack including date, 
time, and duration.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limits under Sec. 60.2675, you must install, 
calibrate (to the manufacturers' specifications), maintain, and operate 
the equipment necessary to monitor the site-specific operating 
parameters established using the procedures in Sec. 60.2705(b).


Sec. 60.2725  Is there a minimum amount of monitoring data I must 
obtain?

    Yes. You must obtain monitoring data at all times during CISWI unit 
operation except as required in Sec. 60.2720 or during periods of 
monitoring equipment malfunction, calibration, or repair. At a minimum, 
valid monitoring data must be obtained for 75 percent of the CISWI unit 
operating hours, per calendar day, for 90 percent of the CISWI unit 
operating days, per calendar quarter, that the CISWI unit is burning 
solid waste.

Model Rule--Recordkeeping and Reporting


Sec. 60.2730  What records must I keep?

    You must maintain the following information (as applicable) for a 
period of at least 5 years:
    (a) Calendar date of each record.
    (b) Records of the following data:
    (1) CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet during each minute 
of operation, as applicable.
    (3) Horsepower or amperage to the wet scrubber during each minute 
of operation, as applicable.
    (4) Pressure drop across the wet scrubber system during each minute 
of operation, as applicable.
    (5) Liquor pH as introduced to the wet scrubber during each minute 
of operation, as applicable.
    (6) Records indicating use of the bypass stack, including dates, 
times, durations, reasons, and corrective actions taken.
    (7) For affected CISWI units that establish operating parameters 
for controls other than wet scrubbers under Sec. 60.2705(b), you must 
maintain all operating parameter data collected.
    (c) Identification of calendar dates for which the minimum amount 
of data on operating parameters specified under paragraph (b) of this 
section have not been obtained. The minimum amount of data is specified 
in Sec. 60.2725. Identify the operating parameters not measured, 
reasons for not obtaining the data, and a description of corrective 
actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates for which data on operating 
parameters specified under paragraph (b) of this section exceeded the 
applicable limits, with a description of the exceedances, reasons for 
such exceedances, and a description of corrective actions taken. Three-
hour rolling average values must be used to determine operating 
parameter exceedances, unless a different averaging period is 
established under Sec. 60.2705(b).
    (f) The results of the initial, annual, and any subsequent stack 
tests conducted to determine compliance with the emission limits and/or 
to establish operating parameters, as applicable. Retain a copy of the 
complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec. 60.2660(a) as required by 
Sec. 60.2660(b), including the date of the initial review and all 
subsequent annual reviews.
    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec. 60.2635, 
including documentation of training and the dates of the training.
    (i) Records showing the names of the CISWI operators who have met 
the criteria for qualification under Sec. 60.2645 and the dates of 
their qualification, and all subsequent renewals of such 
qualifications.
    (j) Records of calibration of any monitoring devices as required 
under Sec. 60.2720.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.


Sec. 60.2735  Where must I keep my records?

    All records must be maintained onsite in either paper copy or 
computer-readable format that can be printed upon request, unless an 
alternative format is approved by the Administrator.


Sec. 60.2737  When must I submit my waste management plan?

    You must submit the waste management plan no later than the date 
specified in table 1 for submittal of the final control plan.


Sec. 60.2740  What information must I submit following my initial stack 
test?

    You must submit the information specified in paragraphs (a) and (b) 
of this section no later than 60 days following the initial stack test. 
All reports must be signed by the facilities manager.
    (a) The complete test report for the initial stack test results 
obtained under Sec. 60.2700, as applicable.
    (b) The values for the site-specific operating parameters 
established in Sec. 60.2705.


Sec. 60.2745  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec. 60.2740. You must submit 
subsequent reports no more than 12 months following the previous 
report. (Once the unit is subject to permitting requirements under 
title V of the Clean Air Act, you may be required by the permit to 
submit these reports semiannually.)


Sec. 60.2750  What information must I include in my annual report?

    The annual report required under Sec. 60.2745 must include the 
information specified in paragraphs (a) through (f) of this section. 
All reports must be signed by the facility manager.
    (a) The values for the site-specific operating parameters 
established pursuant to Sec. 60.2705.
    (b) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported.
    (c) Information recorded under Sec. 60.2730 (c) through (e) for the 
calendar year being reported. If no exceedances or malfunctions were 
reported, a statement that no exceedances occurred during the reporting 
period.
    (d) If a stack test was conducted during the reporting period, the 
results of that test.
    (e) Any use of the bypass stack, the duration, reason for bypass, 
and corrective action taken.
    (f) Documentation of periods when all qualified CISWI unit 
operators were unavailable for more than 8 hours.

[[Page 67124]]

Sec. 60.2755  What else must I report if I am out-of-compliance with 
these standards?

    You must submit a report if any recorded 3-hour average parameter 
level is above the maximum value or below the minimum value established 
under this subpart, or if a stack test was conducted that exceeded the 
emission limit.


Sec. 60.2760  If an out-of-compliance report is required, when must I 
submit it?

    If you are required to submit a report under Sec. 60.2195:
    (a) For data collected during the first half of a calendar year 
(January 1 to June 30), submit your report by August 1 of that year.
    (b) For data you collected during the second half of the calendar 
year (July 1 to December 31), submit the report by February 1 of the 
following year.


Sec. 60.2765  What must I include in the out-of-compliance reports?

    In each report required under Sec. 60.2755, for any pollutant or 
parameter that exceeded the limits specified in this subpart, include 
the following information:
    (a) The calendar date your unit exceeded the limits.
    (b) The averaged and recorded data for that date.
    (c) The reasons for exceeding the limits and your corrective 
actions.
    (d) A copy of the operating parameter monitoring data and any test 
report that documents the emission levels.


Sec. 60.2770  Are there any other notifications or reports that I must 
submit?

    (a) You must submit notifications as provided by Sec. 60.7.
    (b) If all qualified operators are unavailable for more than 2 
weeks, you must submit a notification within 10 days. In addition, you 
must submit a status report and corrective action summary to the 
Administrator every 4 weeks.
    (c) You must submit notifications of increments of progress, as 
described in Secs. 60.2585 through 60.2605.


Sec. 60.2775  In what form can I submit my reports?

    Submit initial, annual and semiannual electronic or paper reports, 
postmarked on or before the submittal dates.


Sec. 60.2780  Can reporting dates be changed?

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

Model Rule--Air Curtain Incinerators That Burn 100 Percent Wood 
Wastes and Clean Lumber


Sec. 60.2785  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. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)


Sec. 60.2790  What are my requirements for meeting increments of 
progress and achieving final compliance?

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


Sec. 60.2795  When must I complete each increment of progress?

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


Sec. 60.2800  What must I include in the notifications of achievement 
of increments of progress?

    Your notification of achievement of increments of progress must 
include three items:
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with each increment of 
progress (see Sec. 60.2815).
    (c) Signature of the owner or operator of the incinerator.


Sec. 60.2805  When must I submit the notifications of achievement of 
increments of progress?

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


Sec. 60.2810  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date for that increment of progress in table 1 of this 
subpart. You must inform the Administrator that you did not meet the 
increment, and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.


Sec. 60.2815  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy two 
requirements:
    (a) Submit the final control plan, including a description of any 
devices for air pollution control and any process changes that you will 
use to comply with the emission limits and other requirements of this 
subpart.
    (b) Maintain an onsite copy of the final control plan.


Sec. 60.2820  How do I comply with the increment of progress for 
achieving final compliance?

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


Sec. 60.2825  What must I do if I close my air curtain incinerator and 
then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in your State plan, you must meet the increments 
of progress specified in Sec. 60.2790.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limits on the date your incinerator restarts 
operation.


Sec. 60.2830  What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?

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


Sec. 60.2835  What are the emission limits for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?

    (a) After the date the initial stack test is required or completed 
(whichever is earlier), you must meet the following limits.
    (1) The opacity limit is 10 percent (6-minute average).
    (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, and each malfunction must not exceed 3 hours.

[[Page 67125]]

Sec. 60.2840  How must I monitor opacity for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?

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


Sec. 60.2845  What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent wood wastes and clean 
lumber?

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

Definitions


Sec. 60.2850  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subparts A and B of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency, if delegated by EPA.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Biomass fuel means untreated wood and wood products (e.g., trees, 
tree stumps, tree limbs, bark, lumber, sawdust, sanderdust, chips, 
scraps, slabs, millings, and shavings); vegetative agricultural and 
silvicultural materials, such as logging residues (slash), nut and 
grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), 
bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds; 
and alcohol fuels derived from these materials. Biomass does not 
include: painted, pigment-stained, or pressure-treated materials (e.g., 
telephone poles and railroad ties); sewage sludge, paper mill sludge, 
fermentation tank bottoms, or other sludges; or construction, 
renovation, and demolition wastes. Pressure treating compounds include, 
but are not limited to, chromate copper arsenate, pentachlorophenol, 
and creosote.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Clean wood means untreated wood or untreated wood products 
including clean 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.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388-77, Standard Specification for Classification of 
Coals by Rank (see Sec. 60.17), coal refuse, and petroleum coke. 
Synthetic fuels derived from coal for the purpose of creating useful 
heat, including but not limited to solvent-refined coal, gasified coal, 
coal-oil mixtures, and coal-water mixtures, are included in this 
definition for the purposes of this subpart.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and 
a heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Commercial and industrial solid waste incineration (CISWI) unit 
means an enclosed device using controlled flame combustion that burns 
solid waste or an air curtain incinerator that burns solid waste, and 
that is a distinct operating unit of any commercial or industrial 
facility. This definition includes field-erected, modular, and custom 
built incineration units (starved- or excess-air), and air curtain 
incinerators. The boundaries of a CISWI unit are defined as follows. 
The CISWI unit includes, but is not limited to, the commercial or 
industrial solid waste fuel feed system, grate system, flue gas system, 
and bottom ash. The CISWI unit does not include air pollution control 
equipment or the stack. The CISWI unit boundary starts at the 
commercial and industrial solid waste hopper (if applicable) and 
extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) 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.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than 6 months after 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 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which

[[Page 67126]]

section 129 or section 111 of the Clean Air Act has established 
standards.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of 
which the principal constituent is methane.
    (2) Liquid petroleum gas, as defined by the American Society of 
Testing and Materials in ASTM D1835-82, Standard Specification for 
Liquid Petroleum Gases (see Sec. 60.17).
    Oil means crude oil or petroleum or a liquid or gaseous fuel 
derived from crude oil or petroleum, including distillate oil (Nos. 1-
4) and residual oil (Nos. 5 and 6).
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of Appendix A of this 
part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins 6 months or more after promulgation 
of this subpart.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Solid waste means, for the purpose of this subpart only, any solid, 
liquid, semisolid, or contained gaseous material, which is combusted, 
including but not limited to materials listed in paragraph (1) of this 
definition. Solid waste excludes fuels defined in paragraph (2) of this 
definition and materials specifically listed in paragraph (3) of this 
definition.
    (1) The following materials are solid wastes, regardless of the 
provisions in paragraph (2) of this definition:
    (i) Any material that is combusted without energy recovery (i.e., 
where the material displaces other fuels to produce useful heat), 
except as provided in paragraph (3) of this definition.
    (ii) Municipal solid waste, as defined in 40 CFR part 60, subpart 
Ea, subpart Eb, subpart AAAA and subpart BBBB.
    (iii) Hospital waste, as defined in 40 CFR part 60, subpart Ec.
    (iv) Medical/infectious waste, as defined in 40 CFR part 60, 
subpart Ec.
    (v) Resource Conservation and Recovery Act hazardous wastes, as 
defined in 40 CFR part 261.
    (2) The following materials are fuels when combusted in a device 
that incorporates energy recovery as part of its integral design (e.g., 
for the production of hot water or steam). The combustion chamber and 
the energy recovery system must be physically formed into one 
manufactured or assembled unit. A unit in which the combustion chamber 
and the energy recovery system are joined only by ducts or connections 
carrying flue gas is not integrally designed.
    (i) Biomass fuel, coal, natural gas, and oil, as defined elsewhere 
in this section.
    (ii) Materials that have a heat content of 5,000 Btu/lb or more as 
fired. This criterion applies to each individual feed stream into the 
furnace.
    (3) The following materials are not solid waste when combusted for 
the primary purpose of recovering chemical constituents: Pulping 
liquors (i.e., black liquor) that are reclaimed in a pulping liquor 
recovery process and reused in the pulping process; spent sulfuric acid 
used to produce virgin sulfuric acid; and wood and coal feedstock for 
the production of charcoal.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 deg.F (20 deg.C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    Total mass dioxins/furans or total mass means the total mass of 
tetra--through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using Method 23.
    Wet scrubber means an add-on air pollution control device that 
utilizes an alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. It comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean wood, which is defined elsewhere in this section.

              Table 1 of Subpart DDDD.--Model Rule--Increments of Progress and Compliance Schedules
----------------------------------------------------------------------------------------------------------------
  Comply with these increments of progress                             By these dates a
----------------------------------------------------------------------------------------------------------------
Increment 1--Submit final control plan.....  (Dates to be specified in State plan).
Increment 2--Final compliance..............  (Dates to be specified in State plan) b
----------------------------------------------------------------------------------------------------------------
a Site-specific schedules can be used at the discretion of the State.
b The date can be no later than 3 years after the effective date of State plan approval or 5 years after
  promulgation of this subpart, whichever is sooner.


                            Table 2 of Subpart DDDD.--Emission Limits for New Sources
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
                                         You must meet these     Using these averaging    compliance using these
                                          emission limits a              times                   methods
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.03 milligrams per dry  3-run average (run       Stack test (Method 29
                                        standard cubic meter.    duration specified in    of appendix A of this
                                                                 test method).            part).
Carbon monoxide......................  157 parts per million    Not applicable.........  Not required.
                                        by dry volume.

[[Page 67127]]

 
Dioxins/furans (total mass basis)....  0.37 nanograms per dry   3-run average (run       Stack test (Method 23
                                        standard cubic meter.    duration specified in    of appendix A of this
                                                                 test method).            part).
Hydrogen chloride....................  62 parts per million by  3-run average (run       Stack test (Method 26
                                        dry volume.              duration specified in    of appendix A of this
                                                                 test method).            part).
Lead.................................  2.1 milligrams per dry   3-run average (run       Stack test (Method 29
                                        standard cubic meter.    duration specified in    of appendix A of this
                                                                 test method).            part).
Mercury..............................  0.005 milligrams per     3-run average (run       Stack test (Method 29
                                        dry standard cubic       duration specified in    of appendix A of this
                                        meter.                   test method).            part).
Opacity..............................  10 percent.............  6-minute averages......  Stack test (Method 9 of
                                                                                          appendix A of this
                                                                                          part).
Oxides of Nitrogen...................  388 parts per million    Not applicable.........  Not required.
                                        by dry volume.
Particulate matter...................  70 milligrams per dry    3-run average (run       Stack test (Method 5 or
                                        standard cubic meter.    duration specified in    29 of appendix A of
                                                                 test method).            this part).
Sulfur dioxide.......................  20 parts per million by  3-run average (run       Stack test (Method 6 of
                                        dry volume.              duration specified in    appendix A of this
                                                                 test method).            part).
----------------------------------------------------------------------------------------------------------------
a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.


    Table 3 of Subpart DDDD.--Operating Parameters To Be Monitored and Minimum Recording Frequencies for Wet
                                                    Scrubbers
----------------------------------------------------------------------------------------------------------------
                                                           Using these minimum frequencies
  You must monitor these operating  ----------------------------------------------------------------------------
             parameters                 Data measurement         Data recording             Averaging time
----------------------------------------------------------------------------------------------------------------
Maximum operating parameters:        Continuous............  Every hour............  3-hour rolling.
 Maximum charge rate.
Minimum operating parameters:
    Minimum pressure drop across     Continuous............  Every minute..........  3-hour rolling
     the wet scrubber, or minimum
     horsepower or amperage to wet
     scrubber.
    Minimum scrubber liquor flow     Continuous............  Every minute..........  3-hour rolling
     rate.
    Minimum scrubber liquor pH.....  Continuous............  Every minute..........  3-hour rolling.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-30405 Filed 11-29-99; 8:45 am]
BILLING CODE 6560-50-P