[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Rules and Regulations]
[Pages 76350-76375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30003]



[[Page 76349]]

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Part II





Environmental Protection Agency





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40 CFR Part 60



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

  Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / 
Rules and Regulations  

[[Page 76350]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6899-6]
RIN 2060-AI51


New Source Performance Standards for New Small Municipal Waste 
Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action reestablishes new source performance standards 
(NSPS) for new small municipal waste combustion (MWC) units. The NSPS 
for small MWC units contain stringent emission limits for organics 
(dioxins/furans), metals (cadmium, lead, mercury, and particulate 
matter), and acid gases (hydrogen chloride, sulfur dioxide, and 
nitrogen oxides). Some of those pollutants can cause toxic effects such 
as eye, nose, throat, and skin irritation, and blood cell, heart, 
liver, and kidney damage. The NSPS for small MWC units were originally 
promulgated in December 1995, but were vacated by the U.S. Court of 
Appeals for the District of Columbia Circuit in March 1997. In response 
to the 1997 vacature, on August 30, 1999, EPA proposed to reestablish 
NSPS for small MWC units. The NSPS contained in this final rule are 
equivalent to the 1995 NSPS for small MWC units.

DATES: Effective date. June 6, 2001.
    The incorporation by reference of certain publications listed in 
this rule are approved by the Director of the Office of Federal 
Register as of June 6, 2001.
    Applicability Date. The NSPS apply to small MWC units that 
commenced construction after August 30, 1999 and small MWC units that 
commenced reconstruction or modification after June 6, 2001.

ADDRESSES: Docket No. A-98-18 and associated Docket Nos. A-90-45 and A-
89-08 contain supporting information for the NSPS. The dockets are 
available for public inspection and copying between 8:00 a.m. and 5:30 
p.m., Monday through Friday, at EPA's Air and Radiation Docket and 
Information Center (Mail Code-6102), 401 M Street SW, Washington, DC 
20460, or by calling (202) 260-7548. The dockets are located at the 
above address in Room M-1500, Waterside Mall (ground floor). A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Copland at (919) 541-5265, 
Combustion Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711, e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: Public Comments. The NSPS and companion 
emission guidelines for small MWC units were proposed on August 30, 
1999 (64 FR 47276), and 48 comment letters were received on the 
proposals. Verbal comments were also received at the October 5, 1999 
public hearing. The comment letters and a transcript of the public 
hearing are available in Docket No. A-98-18. A summary of and responses 
to the public comments are contained in ``Small Municipal Waste 
Combustors: Background Information Document for New Source Performance 
Standards and Emission Guidelines-Public Comments and Responses (EPA-
453/R-00-001).'' In response to the public comments, EPA adjusted the 
final NSPS where appropriate. A copy of the background information 
document is located in Docket No. A-98-18.

World Wide Web

    Electronic versions of this action, the regulatory text, and other 
background information, including the response to comments document, 
are available at the Technology Transfer Network Web site (TTN Web) 
that EPA has established for the NSPS for small MWC units: ``http://
www.epa.gov/ttn/uatw/129/mwc/rimwc2.html.'' For assistance in 
downloading files, call the EPA's TTN Web Help Line at (919) 541-5384.

Regulated Entities

    The NSPS will affect the following categories of sources:

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

    The above list is not intended to be exhaustive, but rather 
provides a guide regarding the entities EPA expects to regulate with 
the NSPS for small MWC units. Not all facilities classified under the 
NAICS and SIC codes are affected. Other types of entities not listed 
could also be affected. To determine whether your facility is regulated 
by the NSPS, carefully examine the applicability criteria in 
Secs. 60.1010 through 60.1045 of the NSPS.

Judicial Review

    Today's action of adopting a final rule for small MWC units 
constitutes final administrative action on the proposed NSPS for small 
MWC units. Under section 307(b)(1) of the Clean Air Act (CAA), judicial 
review of the final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by February 5, 2001. Under section 307(d)(7)(B) of the CAA, 
only an objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by today's final action may not be challenged 
separately in any civil or criminal proceeding brought by EPA to 
enforce the requirements.

Organization of This Document

    The following outline is provided to aid in locating information in 
this preamble.

I. Background Information
II. Summary of the NSPS
A. Sources Regulated by the NSPS
B. Pollutants Regulated by the NSPS
C. Format of the Emission Limits
D. Summary of the NSPS
III. Changes to the NSPS
IV. Impacts of the NSPS
A. Air Impacts
B. Cost and Economic Impacts
V. Companion Rule for Existing Small MWC Units
VI. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 13132: Federalism

[[Page 76351]]

C. Executive Order 13084: Consultation and Coordination with Indian 
Tribal Governments
D. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks
E. Unfunded Mandates Reform Act
F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Congressional Review Act

Abbreviations and Acronyms Used in This Document

ASME  American Society of Mechanical Engineers
ASTM  American Society for Testing and Materials
CFR  Code of Federal Regulations
EIA  Economic Impact Analysis
EPA  U.S. Environmental Protection Agency
FR  Federal Register
ICR  Information Collection Request kg/year Kilograms per year
Mg/year  Megagrams per year
MACT  Maximum achievable control technology
MSW  Municipal solid waste
MWC  Municipal waste combustion
NAICS  North American Industrial Classification System
NSPS  New source performance standards
NTTAA  National Technology Transfer and Advancement Act
OAQPS  Office of Air Quality Planning and Standards
OMB  Office of Management and Budget
OP  Office of Policy
Pub. L.  Public Law
RFA  Regulatory Flexibility Act
SBREFA  Small Business Regulatory Enforcement Fairness Act
SD/FF/CI  Spray dryer/fabric filter/carbon injection
SIC  Standard Industrial Classification
TTN  Technology Transfer Network
UMRA  Unfunded Mandates Reform Act
U.S.  United States
U.S.C.  United States Code

I. Background Information

    On December 19, 1995, EPA promulgated NSPS for large and small MWC 
units under 40 CFR part 60, subpart Eb. The NSPS covered new MWC units 
located at plants with an aggregate plant combustion capacity greater 
than 35 megagrams per day of municipal solid waste (MSW) (approximately 
39 tons per day of MSW). The 1995 NSPS divided the MWC unit population 
into MWC units located at large MWC plants and MWC units located at 
small MWC plants. Plant size was based on the total aggregate capacity 
of all individual MWC units at the MWC plant.
    Litigation followed the promulgation of the 1995 NSPS. In 1997, the 
U.S. Court of Appeals for the District of Columbia Circuit ruled that 
EPA must develop regulations for small MWC units (units with an 
individual MWC capacity of 250 tons per day or less) separately from 
regulations for large MWC units (units with an individual MWC unit 
capacity greater than 250 tons per day), indicating that the 1995 NSPS 
were not consistent with section 129 of the CAA. The court directed EPA 
to revise the 1995 NSPS so that they applied only to large MWC units, 
and the court vacated the 1995 NSPS as they applied to small MWC units. 
In response to the court ruling, EPA amended the 1995 NSPS on August 
25, 1997 so that they applied only to new large MWC units. Then, on 
August 30, 1999, EPA proposed NSPS for small MWC units with an 
individual unit capacity of 35 to 250 tons per day.
    Today's final rule reestablishes NSPS for new small MWC units with 
capacities of 35 to 250 tons per day of MSW under 40 CFR part 60, 
subpart AAAA.

II. Summary of the NSPS

    The following summarizes the final NSPS for small MWC units, 
including identification of the subcategories used in the final NSPS. 
Overall, there are no significant changes in the final NSPS compared to 
the proposed NSPS. The following two subcategories are used in the NSPS 
for small MWC units: Class I units are small MWC units located at 
plants with aggregate plant capacities greater than 250 tons of MSW per 
day while Class II units are small MWC units located at plants with 
aggregate plant capacities less than or equal to 250 tons of MSW per 
day.

A. Sources Regulated by the NSPS

    Today's NSPS apply to each new MWC unit that has a design 
combustion capacity of 35 to 250 tons per day of MSW and commenced 
construction after August 30, 1999 or commenced modification or 
reconstruction after June 6, 2001. The NSPS for new, modified, or 
reconstructed MWC units will become effective on June 6, 2001. Small 
MWC units that commenced construction on or before August 30, 1999 are 
not covered under the NSPS (subpart AAAA). Those units will be subject 
to the emission guidelines for existing small MWC units (subpart BBBB) 
which are published separately in today's Federal Register.

B. Pollutants Regulated by the NSPS

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

* * * promulgate numerical emission limitations or provide for the 
monitoring of post-combustion concentrations of surrogate 
substances, parameters, or periods of residence times in excess of 
stated temperatures with respect to pollutants other than those 
listed [above] * * *
    Therefore, in addition to the emission limits, EPA is establishing 
requirements for MWC unit operating load, flue gas temperature at the 
particulate matter control device inlet, and carbon feed rate as part 
of the good combustion practice requirements. The EPA is also 
establishing requirements for the control of fugitive ash emissions. 
All of those requirements were contained in the 1995 NSPS.

C. Format of the Emission Limits

    The format of the emission limits is identical to the format of the 
1995 NSPS: emission limits based on pollutant concentration. 
Alternative percentage reduction requirements are provided for mercury, 
sulfur dioxide, and hydrogen chloride. Opacity and fugitive ash 
requirements are the same as the 1995 NSPS. In addition to controlling 
stack emissions, the NSPS incorporate good combustion practice 
requirements (i.e., operator training, operator certification, and MWC 
unit operating requirements).

D. Summary of the NSPS

    A concise summary of the NSPS can be found in Tables 1 and 2 of 
subpart AAAA.

III. Changes to the NSPS

    There are no substantial changes in the final NSPS relative to the 
NSPS proposed in 1999. A summary of and responses to the public 
comments are contained in the background information document described 
earlier under ``Public Comments.'' The final emission limits are 
consistent with the 1995 NSPS. Based on an evaluation of the best 
controlled units within the small MWC unit population, EPA has 
concluded that the performance of a spray dryer/fabric filter air 
pollution control system continues to represent the maximum achievable 
control technology (MACT) floor for new small MWC units.

IV. Impacts of the NSPS

    The following describes the impacts (i.e., air, water, solid waste, 
energy, cost, and economic impacts) of the NSPS for new small MWC 
units. The impact analysis conducted to evaluate the 1995 NSPS still 
applies because the air pollution control requirements in the

[[Page 76352]]

final NSPS are the same as the 1995 NSPS. The 1995 analysis is 
available at 59 FR 48198. The discussion in this preamble focuses only 
on the air, cost, and economic impacts of the NSPS.
    In the preamble for the 1995 NSPS, EPA determined that the water, 
solid waste, and energy impacts associated with the NSPS were not 
significant. Because the NSPS are the same as the 1995 NSPS, the water, 
solid waste, and energy impacts are the same and continue to be judged 
as not significant.
    For further information on the impacts of the NSPS, refer to 
``Economic Impact Analysis (EIA): Small Municipal Waste Combustion 
Units--Emission Guidelines and New Source Performance Standards,'' 
March 2000, EPA-452/R-00-001.

A. Air Impacts

    As discussed in the EIA, approximately 90 small MWC units located 
at 41 plants are operating in the United States. Based on trends in 
small MWC unit construction over the past several years, EPA projects 
that about one new small MWC plant will be constructed each year. It is 
estimated that most new plants with small MWC units will have, on 
average, two small MWC units onsite. The 5th year impacts are, 
therefore, based on the construction of 10 new small MWC units over a 
5-year period.
    Table 1 of this preamble presents the national air emissions 
reductions for new small MWC units that would result from full 
implementation of the NSPS in the 5th year compared to a baseline 
scenario without the NSPS.

 Table 1.--National Air Emission Impacts of the NSPS for Small MWC Units
------------------------------------------------------------------------
                                                              Percent
           Pollutant             Air emissions reduction   reduction \a\
------------------------------------------------------------------------
Dioxins/Furans \b\.............  0.2 kg/year............              99
Cadmium........................  169 kg/year............              99
Lead...........................  15 Mg/year.............              99
Mercury........................  386 kg/year............              97
Particulate Matter.............  238 Mg/year............              98
Sulfur Dioxide.................  189 Mg/year............              83
Hydrogen Chloride..............  137 Mg/year............              90
Nitrogen Oxides................  (\c\)..................          (\c\)
------------------------------------------------------------------------
\a\ Percent national emissions reduction relative to national baseline
  emissions that would occur in the absence of the NSPS.
\b\ Total mass of tetra-through octachlorinated dibenzo-p-dioxins
  through dibenzofurans.
\c\ For Class I units, nitrogen oxides emissions reductions are expected
  to be approximately 40 percent. Class II units are not expected to
  have any reductions in nitrogen oxides emissions. Since the future
  distribution of new Class I and II units is unknown, mass reductions
  of nitrogen oxides are not presented.

B. Cost and Economic Impacts

    To estimate the costs of the NSPS for new small MWC units, EPA has 
taken into account the various air pollution control equipment that 
would need to be installed at new small MWC plants to achieve the NSPS. 
The cost estimates presented here are the projected costs that a new 
MWC plant with two small MWC units would incur to comply with the NSPS. 
Those costs are based on new small MWC units installing spray dryer/
fabric filter/carbon injection as the air pollution control device 
system. The EPA projects that the total annual cost (including 
annualized capital and operating costs) for a single MWC plant would be 
approximately $1.6 million, and the total annualized cost of the NSPS 
would be $8.1 million in the 5th year after promulgation. For more 
details on the cost and economic analysis, refer to the EIA.

V. Companion Rule for Existing Small MWC Units

    A companion rule to establish emission guidelines for existing 
small MWC units is being published separately in today's Federal 
Register. The emission guidelines for existing small MWC units are 
contained in 40 CFR part 60, subpart BBBB.

VI. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant,'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to lead to a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, EPA has determined 
that this final rule is not a ``significant regulatory action'' and, 
therefore, is not subject to OMB review. The EPA submitted the 1995 
rulemaking package (which included requirements for new and existing 
large MWC units and requirements for new and existing small MWC units) 
to OMB for review (60 FR 65405, December 19, 1995) and OMB approved the 
rulemaking package for adoption. The NSPS promulgated today only apply 
to new small MWC units and are projected to have an impact of 
approximately $8.1 million annually in the 5th year after promulgation 
of the NSPS.

B. 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 federalism implications'' are 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.''

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    Under Section 6 of 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 EPA consults with State and local officials early in the 
process of developing the proposed regulation.
    This final rule does not have federalism implications. It 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, because the NSPS do not preclude 
States from adopting and implementing their own performance standards. 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this final rule. Although section 6 of Executive Order 13132 does 
not apply to this final rule, EPA did consult with State and local 
officials in developing this final rule. A list of those consultations 
is provided in the preamble to the 1995 NSPS (60 FR 65405-65412, 
December 19, 1995).

C. 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 final rule does not significantly or uniquely affect the 
communities of Indian tribal governments. The EPA is not aware of any 
small MWC units located in Indian territory. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this final rule.

D. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, 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 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 Executive Order has 
the potential to influence the regulation. This final rule is not 
subject to Executive Order 13045 because it is not economically 
significant as defined in Executive Order 12866. Further, it is based 
on technology performance and not on health and safety risks.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, or 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, or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating a 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 why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the NSPS do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments, in the aggregate, or the private 
sector in any 1 year. The EIA shows that the total annual costs of the 
NSPS is about $8.1 million per year in the 5th year after the rule is 
promulgated. Thus, today's NSPS are not subject to the requirements of 
sections 202 and 205 of the UMRA. Although the NSPS are not subject to 
UMRA, EPA prepared a cost-benefit analysis under section 202 of the 
UMRA for the 1995 NSPS. For a discussion of how EPA complied with the 
UMRA for the 1995 NSPS, including its extensive consultations with 
State and local governments, see the preamble to the 1995 NSPS. Because 
today's final NSPS are equivalent to the 1995 NSPS, no additional 
consultations were necessary.

F. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires Federal agencies to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's final rule on 
small entities, a

[[Page 76354]]

small entity is defined as: (1) A small business in the regulated 
industry that has a gross annual revenue less than $6 million; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; or (3) a small organization that is any not-for-profit 
enterprise that is independently owned and operated and is not dominant 
in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has determined that this action will not have a 
significant economic impact on a substantial number of small entities. 
The EPA has determined that few small entities use MWC units for 
municipal solid waste disposal. The vast majority of small entities use 
municipal solid waste landfills for disposal. A small entity 
considering a new small MWC unit would have the opportunity to switch 
to an alternative municipal solid waste disposal method, such as 
municipal solid waste landfills, if the costs to comply with the NSPS 
were considered prohibitive. Thus, the number of small entities that 
will be significantly impacted by this final rule is not substantial.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA has tried to 
reduce the impact of this final rule on small entities by establishing 
different requirements for Class I and Class II MWC units and 
establishing provisions for less frequent testing for Class II MWC 
units. In addition, EPA involved representatives of small entities in 
the development of the NSPS.

G. Paperwork Reduction Act

    The OMB has approved the information collection requirements in the 
NSPS under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., and has assigned OMB control number 2060-0423; and ICR 
#1900.01.
    The information will be used by EPA to identify new, modified, or 
reconstructed units subject to the NSPS and to ensure that those units 
undergo a preconstruction impact analysis. The information will also be 
used by EPA to ensure that the small MWC unit requirements are 
implemented properly and are complied with on a continuous basis. 
Records and reports enable EPA to identify small MWC units that might 
not be in compliance with the NSPS. Based on reported information, EPA 
will decide which small MWC units should be inspected and what records 
or processes should be inspected. Records that owners and operators of 
small MWC units maintain indicate to EPA whether personnel are 
operating and maintaining control equipment properly.
    The 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.
    For the information collection request (ICR), a 3-year impact 
period was analyzed. The NSPS are projected to affect six MWC units 
located at three MWC plants during the first 3 years immediately 
following promulgation. The estimated average annual burden to owners 
of new small MWC units for the first 3 years after promulgation of the 
NSPS would be approximately 8,600 person-hours annually at a total cost 
of $219,000 for capital start-up costs and O&M costs per year to meet 
the monitoring, recordkeeping, and reporting requirements. The 
estimated average annualized burden to the government implementing the 
final NSPS would be approximately 500 hours during the first 3 years at 
a cost of $21,000 (including travel expenses).
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a Federal agency. That 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. The EPA 
is amending the table in 40 CFR part 9 of currently approved ICR 
control numbers issued by OMB for various regulations to list the 
information collection requirements contained in this final rule.

H. National Technology Transfer and Advancement Act

    As noted in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 
104-113, Section 12(d) (15 U.S.C. 272 note), directs 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) 
developed or adopted by one or more voluntary consensus standards 
bodies. The NTTAA directs EPA to provide Congress, through annual 
reports to OMB, explanations when EPA decides not to use available and 
applicable voluntary consensus standards.
    Consistent with the NTTAA, EPA conducted searches to identify 
voluntary consensus standards applicable to the NSPS for small MWC 
units that could be used in process and emissions monitoring. The 
search for emissions monitoring procedures identified 29 voluntary 
consensus standards that initially appeared to have possible use in 
lieu of EPA standard reference methods. After reviewing the available 
standards, EPA determined that 21 of the candidate consensus standards 
identified for measuring emissions or surrogates subject to emission 
standards in the final rule would not be practical due to lack of 
equivalency, documentation, validation data and other important 
technical and policy considerations. The seven remaining candidate 
consensus standards are under development or currently under EPA 
review. The EPA plans to follow, review and consider adopting those 
standards after their development and further review by EPA is 
completed.
    One consensus standard, American Society for Testing and Materials 
(ASTM) D6216-98, is practical for EPA use in EPA Performance 
Specification 1 (PS-1) (40 CFR part 60, appendix B). The ASTM D6216 can 
best be used in place of the design specification verification 
procedures currently in sections 5 and 6 of PS-1. On September 23, 
1998, EPA proposed incorporating by reference ASTM D6216-98 under a 
separate rulemaking (63 FR 50824). Comments from the proposal have been 
addressed, and EPA expects to complete that action in the near future. 
For the above reasons, EPA does not in this final rulemaking adopt ASTM 
D6216-98 in lieu of PS-1 requirements as it would

[[Page 76355]]

be impractical for EPA to act independently from another rulemaking 
activity already undergoing promulgation, and because ASTM D6216 does 
not address all of the requirements specified in PS-1.
    The EPA also conducted searches to identify voluntary consensus 
standards for process monitoring and process operation. Candidate 
voluntary consensus standards for process monitoring and process 
operation were identified for MWC unit load level (steam output); 
designing, constructing, installing, calibrating, and using nozzles and 
orifices; and MWC plant operator certification requirements.
    One consensus standard by the American Society of Mechanical 
Engineers (ASME) was identified for potential use in this final rule 
for the measurement of MWC unit load level (steam output). The EPA 
believes the standard is practical to use in this final rule as the 
method to measure MWC unit load. The EPA has already incorporated by 
reference ``ASME Power Test Codes: Test Code for Steam Generating 
Units, Power Test Code 4.1--1964 (R1991)'' in 40 CFR 60.17(h)(2).
    A second consensus standard by ASME was identified for potential 
use in this final rule for designing, constructing, installing, 
calibrating, and using nozzles and orifices. The EPA believes the 
standard is practical to use for the design, construction, 
installation, calibration, and use of nozzles and orifices. The EPA has 
already incorporated by reference ``American Society of Mechanical 
Engineers Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th edition (1971)'' in 40 CFR 
60.17(h)(3).
    A third consensus standard by ASME (QRO-1-1994) was identified for 
potential use in this final rule for MWC plant operator certification 
requirements instead of developing new operator certification 
procedures. The EPA believes the standard is practical to use in the 
emission guidelines that require a chief facility operator and shift 
supervisor to successfully complete the operator certification 
procedures developed by ASME. The EPA has already incorporated by 
reference (QRO-1-1994) in 40 CFR 60.17(h)(1).
    Tables 3, 4 and 5 of subpart AAAA list the EPA testing methods and 
performance standards included in this final rule. Most of the 
standards have been used by States and industry for more than 10 years. 
Nevertheless, under Sec. 60.8 of subpart A of part 60, the standard 
also allows any State or source to apply to EPA for permission to use 
alternative methods in place of any of the EPA testing methods or 
performance standards listed in the rule.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this final rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the final rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This final rule will be effective June 6, 2001.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Municipal waste 
combustion, Reporting and recordkeeping requirements.

    Dated: November 3, 2000.
Carol M. Browner,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
60, of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7601.

Subpart A--[Amended]

    2. Section 60.17 is amended by revising paragraphs (h)(1), (h)(2) 
and (h)(3) to read as follows:


Sec. 60.17  Incorporations by reference.

* * * * *
    (h) * * *
    (1) ASME QRO-1-1994, Standard for the Qualification and 
Certification of Resource Recovery Facility Operators, IBR approved for 
Secs. 60.56a, 60.54b(a), 60.54b(b), 60.1185(a), 60.1185(c)(2), 
60.1675(a), and 60.1675(c)(2).
    (2) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: Test 
Code for Steam Generating Units (with 1968 and 1969 Addenda), IBR 
approved for Secs. 60.46b, 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 
60.1320(a)(3) and 60.1810(a)(3).
    (3) ASME Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th Edition (1971), IBR approved 
for Secs. 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 60.1320(a)4), and 
60.1810(a)(4).
* * * * *

    3. Part 60 is amended by adding a new subpart AAAA to read as 
follows:

Subpart AAAA--Standards of Performance for Small Municipal Waste 
Combustion Units for Which Construction is Commenced After August 
30, 1999 or for Which Modification or Reconstruction is Commenced 
After June 6, 2001

Sec.

Introduction

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

Applicability

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

Preconstruction Requirements: Materials Separation Plan

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

[[Page 76356]]

60.1095   What must I include in the public meeting on my revised 
materials separation plan?
60.1100   What must I do with any public comments I receive on my 
revised materials separation plan?
60.1105   How do I submit my final materials separation plan?

Preconstruction Requirements: Siting Analysis

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

Good Combustion Practices: Operator Training

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

Good Combustion Practices: Operator Certification

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

Good Combustion Practices: Operating Requirements

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

Emission Limits

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

Continuous Emission Monitoring

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

Stack Testing

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

Other Monitoring Requirements

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

Recordkeeping

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

Reporting

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

Air Curtain Incinerators That Burn 100 Percent Yard Waste

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

Equations

60.1460   What equations must I use?

Definitions

60.1465   What definitions must I know?

Tables

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

[[Page 76357]]

Introduction


Sec. 60.1000  What does this subpart do?

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


Sec. 60.1005  When does this subpart become effective?

    This subpart takes effect June 6, 2001. Some of the requirements in 
this subpart apply to municipal waste combustion unit planning and must 
be completed before construction is commenced on the municipal waste 
combustion unit. In particular, the preconstruction requirements in 
Secs. 60.1050 through 60.1150 must be completed prior to commencing 
construction. Other requirements (such as the emission limits) apply 
when the municipal waste combustion unit begins operation.

Applicability


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

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


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

    (a) A new municipal waste combustion unit is a municipal waste 
combustion unit that meets either of two criteria:
    (1) Commenced construction after August 30, 1999.
    (2) Commenced reconstruction or modification after June 6, 2001.
    (b) This subpart does not apply to your municipal waste combustion 
unit if you make physical or operational changes to an existing 
municipal waste combustion unit primarily to comply with the emission 
guidelines in subpart BBBB of this part. Such changes do not qualify as 
reconstruction or modification under this subpart.


Sec. 60.1020  Does this subpart allow any exemptions?

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


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

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


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

    Yes, the Administrator can delegate all authorities in all sections 
of this

[[Page 76358]]

subpart to the State for direct State enforcement.


Sec. 60.1035  How are these new source performance standards 
structured?

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


Sec. 60.1040  Do all five components of these new source performance 
standards apply at the same time?

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


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

    (a) Yes, this subpart subcategorizes small municipal waste 
combustion units into two groups based on the aggregate capacity of the 
municipal waste combustion plant as follows:
    (1) Class I Units. Class I units are small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity greater than 250 tons per 
day of municipal solid waste. (See the definition of ``municipal waste 
combustion plant capacity'' in Sec. 60.1465 for specification of which 
units at a plant are included in the aggregate capacity calculation.)
    (2) Class II Units. Class II units are small municipal waste 
combustion units that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity less than or equal to 250 
tons per day of municipal solid waste. (See the definition of 
``municipal waste combustion plant capacity'' in Sec. 60.1465 for 
specification of which units at a plant are included in the aggregate 
capacity calculation.)
    (b) The requirements for Class I and Class II units are identical 
except for two items:
    (1) Class I units have a nitrogen oxides emission limit. Class II 
units do not have a nitrogen oxides emission limit (see Table 1 of this 
subpart). Additionally, Class I units have continuous emission 
monitoring, recordkeeping, and reporting requirements for nitrogen 
oxides.
    (2) Class II units are eligible for the reduced testing option 
provided in Sec. 60.1305.

Preconstruction Requirements: Materials Separation Plan


Sec. 60.1050  Who must submit a materials separation plan?

    (a) You must prepare a materials separation plan for your municipal 
waste combustion unit if you commence construction of a new small 
municipal waste combustion unit after December 6, 2000.
    (b) If you commence construction of your municipal waste combustion 
unit after August 30, 1999 but before December 6, 2000, you are not 
required to prepare the materials separation plan specified in this 
subpart.
    (c) You must prepare a materials separation plan if you are 
required to submit an initial application for a construction permit, 
under 40 CFR part 51, subpart I, or part 52, as applicable, for the 
reconstruction or modification of your municipal waste combustion unit.


Sec. 60.1055  What is a materials separation plan?

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


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

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


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

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


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

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


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

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

[[Page 76359]]

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

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


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

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


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

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


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

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


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

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


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

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

Preconstruction Requirements: Siting Analysis


Sec. 60.1110  Who must submit a siting analysis?

    (a) You must prepare a siting analysis if you commence construction 
of a small municipal waste combustion unit after December 6, 2000.
    (b) If you commence construction on your municipal waste combustion 
unit after August 30, 1999, but before December 6, 2000, you are not 
required to prepare the siting analysis specified in this subpart.
    (c) You must prepare a siting analysis if you are required to 
submit an initial application for a construction permit, under 40 CFR 
part 51, subpart I, or part 52, as applicable, for the reconstruction 
or modification of your municipal waste combustion unit.


Sec. 60.1115  What is a siting analysis?

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


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

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


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

    (a) Include an analysis of how your municipal waste combustion unit 
affects four areas:
    (1) Ambient air quality.
    (2) Visibility.
    (3) Soils.
    (4) Vegetation.
    (b) Include an analysis of alternatives for controlling air 
pollution that

[[Page 76360]]

minimize potential risks to the public health and the environment.


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

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


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

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


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

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


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

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


Sec. 60.1150  How do I submit my siting analysis?

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

Good Combustion Practices: Operator Training


Sec. 60.1155  What types of training must I do?

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


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

    (a) Three types of employees must complete the EPA or State-
approved operator training course:
    (1) Chief facility operators.
    (2) Shift supervisors.
    (3) Control room operators.
    (b) Those employees must complete the operator training course by 
the later of three dates:
    (1) Six months after your municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) The date before an employee assumes responsibilities that 
affect operation of the municipal waste combustion unit.


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

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


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

    For plant-specific training, you must do four things:
    (a) For training at a particular plant, develop a specific 
operating manual for that plant by the later of two dates:
    (1) Six months after your municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (b) Establish a program to review the plant-specific operating 
manual with people whose responsibilities affect the operation of your 
municipal waste combustion unit. Complete the initial review by the 
later of three dates:
    (1) Six months after your municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) The date before an employee assumes responsibilities that 
affect operation of the municipal waste combustion unit.
    (c) Update your manual annually.
    (d) Review your manual with staff annually.


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

    You must include 11 items in the operating manual for your plant:
    (a) A summary of all applicable requirements in this subpart.
    (b) A description of the basic combustion principles that apply to 
municipal waste combustion units.
    (c) Procedures for receiving, handling, and feeding municipal solid 
waste.
    (d) Procedures to be followed during periods of startup, shutdown, 
and malfunction of the municipal waste combustion unit.
    (e) Procedures for maintaining a proper level of combustion air 
supply.
    (f) Procedures for operating the municipal waste combustion unit in 
compliance with the requirements contained in this subpart.
    (g) Procedures for responding to periodic upset or off-
specification conditions.
    (h) Procedures for minimizing carryover of particulate matter.
    (i) Procedures for handling ash.

[[Page 76361]]

    (j) Procedures for monitoring emissions from the municipal waste 
combustion unit.
    (k) Procedures for recordkeeping and reporting.


Sec. 60.1180  Where must I keep the plant-specific operating manual?

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

Good Combustion Practices: Operator Certification


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

    (a) Each chief facility operator and shift supervisor must obtain 
and keep a current provisional operator certification from the American 
Society of Mechanical Engineers (QRO-1-1994) (incorporated by reference 
in Sec. 60.17(h)(1)) or a current provisional operator certification 
from your State certification program.
    (b) Each chief facility operator and shift supervisor must obtain a 
provisional certification by the later of three dates:
    (1) Six months after the municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of three actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers or a State certification program in your State.
    (2) Schedule a full certification exam with the American Society of 
Mechanical Engineers (QRO-1-1994) (incorporated by reference in 
Sec. 60.17(h)(1)).
    (3) Schedule a full certification exam with your State 
certification program.
    (d) The chief facility operator and shift supervisor must obtain 
the full certification or be scheduled to take the certification exam 
by the later of three dates:
    (1) Six months after the municipal waste combustion unit initial 
startup.
    (2) December 6, 2001.
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.


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

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


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

    If the certified chief facility operator and certified shift 
supervisor both are unavailable, a provisionally certified control room 
operator at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor are 
away, you must meet one of three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for 12 hours or less, and no other 
certified operator is onsite, the provisionally certified control room 
operator may perform those duties without notice to, or approval by, 
the Administrator.
    (b) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, the provisionally certified 
control room operator may perform those duties without notice to, or 
approval by, the Administrator. However, you must record the period 
when the certified chief facility operator and certified shift 
supervisor are offsite and include that information in the annual 
report as specified under Sec. 60.1410(l).
    (c) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks, and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator. However, you must take two actions:
    (1) Notify the Administrator in writing. In the notice, state what 
caused the absence and what you are doing to ensure that a certified 
chief facility operator or certified shift supervisor is onsite.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks following the initial notification. If the 
Administrator notifies you that your status report or corrective action 
summary is disapproved, the municipal waste combustion unit may 
continue operation for 90 days, but then must cease operation. If 
corrective actions are taken in the 90-day period such that the 
Administrator withdraws the disapproval, municipal waste combustion 
unit operation may continue.

Good Combustion Practices: Operating Requirements


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

    (a) You must not operate your municipal waste combustion unit at 
loads greater than 110 percent of the maximum demonstrated load of the 
municipal waste combustion unit (4-hour block average), as specified 
under ``Definitions'' (Sec. 60.1465).
    (b) You must not operate your municipal waste combustion unit so 
that the temperature at the inlet of the particulate matter control 
device exceeds 17 deg.C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec. 60.1465).
    (c) If your municipal waste combustion unit uses activated carbon 
to control dioxins/furans or mercury emissions, you must maintain an 8-
hour block average carbon feed rate at or above the highest average 
level established during the most recent dioxins/furans or mercury 
test.
    (d) If your municipal waste combustion unit uses activated carbon 
to control dioxins/furans or mercury emissions, you must evaluate total 
carbon usage for each calendar quarter. The total amount of carbon 
purchased and delivered to your municipal waste combustion plant must 
be at or above the required quarterly usage of carbon. At your option, 
you may choose to evaluate required quarterly carbon usage on a 
municipal waste combustion unit basis for each individual municipal 
waste combustion unit at your plant. Calculate the required quarterly 
usage of carbon using equation 4 or 5 in Sec. 60.1460(f).
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.

[[Page 76362]]

    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator or delegated State authority permits 
you to do any of five activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.


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

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

Emission Limits


Sec. 60.1210  What pollutants are regulated by this subpart?

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


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

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


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

    (a) The emission limits of this subpart apply at all times except 
during periods of municipal waste combustion unit startup, shutdown, or 
malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.
    (c) A maximum of 3 hours of test data can be dismissed from 
compliance calculations during periods of startup, shutdown, or 
malfunction.
    (d) During startup, shutdown, or malfunction periods longer than 3 
hours, emissions data cannot be discarded from compliance calculations 
and all provisions under Sec. 60.11(d) apply.

Continuous Emission Monitoring


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

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


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

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, you must also install, calibrate, maintain, and 
operate a continuous emission monitoring system for nitrogen oxides. 
Install the continuous emission monitoring systems for sulfur dioxide, 
nitrogen oxides, and oxygen (or carbon dioxide) at the outlet of the 
air pollution control device.
    (b) You must install, evaluate, and operate each continuous 
emission monitoring system according to the ``Monitoring Requirements'' 
in Sec. 60.13.
    (c) You must monitor the oxygen (or carbon dioxide) concentration 
at each location where you monitor sulfur dioxide and carbon monoxide. 
Additionally, if you operate a Class I municipal waste combustion unit, 
you must also monitor the oxygen (or carbon dioxide) concentration at 
the location where you monitor nitrogen oxides.
    (d) You may choose to monitor carbon dioxide instead of oxygen as a 
diluent gas. If you choose to monitor carbon dioxide, then an oxygen 
monitor is not required, and you must follow the requirements in 
Sec. 60.1255.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install continuous 
emission monitoring systems for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.
    (f) If you prefer to use an alternative sulfur dioxide monitoring 
method, such as parametric monitoring, or cannot monitor emissions at 
the inlet of the air pollution control device to determine percent 
reduction, you can apply to the Administrator for approval to use an 
alternative monitoring method under Sec. 60.13(i).


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

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


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

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

[[Page 76363]]

drift and quarterly accuracy determinations.


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

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


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

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 13 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.


Sec. 60.1255  What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?

    You must establish the relationship between oxygen and carbon 
dioxide during the initial evaluation of your continuous emission 
monitoring systems. You may reestablish the relationship during annual 
evaluations. To establish the relationship use three procedures:
    (a) Use EPA Reference Method 3A or 3B in appendix A of this part to 
determine oxygen concentration at the location of your carbon dioxide 
monitor.
    (b) Conduct at least three test runs for oxygen. Make sure each 
test run represents a 1-hour average and that sampling continues for at 
least 30 minutes in each hour.
    (c) Use the fuel-factor equation in EPA Reference Method 3B in 
appendix A of this part to determine the relationship between oxygen 
and carbon dioxide.


Sec. 60.1260  What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems and is the data 
collection requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for sulfur 
dioxide, nitrogen oxides, and carbon monoxide are in parts per million 
by dry volume at 7 percent oxygen (or the equivalent carbon dioxide 
level). Use the 1-hour averages of oxygen (or carbon dioxide) data from 
your continuous emission monitoring system to determine the actual 
oxygen (or carbon dioxide) level and to calculate emissions at 7 
percent oxygen (or the equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle 
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
    (c) Obtain valid 1-hour averages for 75 percent of the operating 
hours per day for 90 percent of the operating days per calendar 
quarter. An operating day is any day the unit combusts any municipal 
solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you are in violation of the data 
collection requirement regardless of the emission level monitored, and 
you must notify the Administrator according to Sec. 60.1410(e).
    (e) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you must still use all valid data from 
the continuous emission monitoring systems in calculating emission 
concentrations and percent reductions in accordance with Sec. 60.1265.


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

    (a) Use the equation in Sec. 60.1460(a) to calculate emissions at 7 
percent oxygen.
    (b) Use EPA Reference Method 19 in appendix A of this part, section 
4.3, to calculate the daily geometric average concentrations of sulfur 
dioxide emissions. If you are monitoring the percent reduction of 
sulfur dioxide, use EPA Reference Method 19 in appendix A of this part, 
section 5.4, to determine the daily geometric average percent reduction 
of potential sulfur dioxide emissions.
    (c) If you operate a Class I municipal waste combustion unit, use 
EPA Reference Method 19 in appendix A of this part, section 4.1, to 
calculate the daily arithmetic average for concentrations of nitrogen 
oxides.
    (d) Use EPA Reference Method 19 in appendix A of this part, section 
4.1, to calculate the 4-hour or 24-hour daily block averages (as 
applicable) for concentrations of carbon monoxide.


Sec. 60.1270  What is required for my continuous opacity monitoring 
system and how are the data used?

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec. 60.13.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix 
B of this part. Complete the evaluation within 60 days after your 
municipal waste combustion unit reaches the maximum load level at which 
it will operate, but no more than 180 days after its initial startup.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 13 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9 in 
appendix A of this part, as specified in Sec. 60.1300, to determine 
compliance with the opacity limit in Table 1 of this subpart. The data 
obtained from your continuous opacity monitoring system are not used to 
determine compliance with the opacity limit.


Sec. 60.1275  What additional requirements must I meet for the 
operation of my continuous emission monitoring systems and continuous 
opacity monitoring system?

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


Sec. 60.1280  What must I do if any of my continuous emission 
monitoring systems are temporarily unavailable to meet the data 
collection requirements?

    Refer to Table 4 of this subpart. It shows alternate methods for 
collecting data when systems malfunction or when repairs, calibration 
checks, or zero and span checks keep you from collecting the minimum 
amount of data.

Stack Testing


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

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


Sec. 60.1290  How are the stack test data used?

    You must use results of stack tests for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, hydrogen chloride, and 
fugitive ash to demonstrate compliance with the emission limits in 
Table 1 of this

[[Page 76364]]

subpart. To demonstrate compliance for carbon monoxide, nitrogen 
oxides, and sulfur dioxide, see Sec. 60.1235.


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

    (a) Conduct initial stack tests for the pollutants listed in 
Sec. 60.1285 within 60 days after your municipal waste combustion unit 
reaches the maximum load level at which it will operate, but no later 
than 180 days after its initial startup.
    (b) Conduct annual stack tests for the same pollutants after the 
initial stack test. Conduct each annual stack test no later than 13 
months after the previous stack test.


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

    (a) Follow Table 5 of this subpart to establish the sampling 
location and to determine pollutant concentrations, number of traverse 
points, individual test methods, and other specific testing 
requirements for the different pollutants.
    (b) Make sure that stack tests for all the pollutants consist of at 
least three test runs, as specified in Sec. 60.8. Use the average of 
the pollutant emission concentrations from the three test runs to 
determine compliance with the emission limits in Table 1 of this 
subpart.
    (c) Obtain an oxygen (or carbon dioxide) measurement at the same 
time as your pollutant measurements to determine diluent gas levels, as 
specified in Sec. 60.1230.
    (d) Use the equations in Sec. 60.1460(a) to calculate emission 
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the 
percent reduction in potential hydrogen chloride emissions, and the 
reduction efficiency for mercury emissions. See the individual test 
methods in Table 5 of this subpart for other required equations.
    (e) You can apply to the Administrator for approval under 
Sec. 60.8(b) to use a reference method with minor changes in 
methodology, use an equivalent method, use an alternative method the 
results of which the Administrator has determined are adequate for 
demonstrating compliance, waive the requirement for a performance test 
because you have demonstrated by other means that you are in 
compliance, or use a shorter sampling time or smaller sampling volume.


Sec. 60.1305  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In that case, you are not required to conduct a stack test for 
that pollutant for the next 2 years. However, you must conduct another 
stack test within 36 months of the anniversary date of the third 
consecutive stack test that shows you comply with the emission limit. 
Thereafter, you must perform stack tests every 3rd year but no later 
than 36 months following the previous stack tests. If a stack test 
shows noncompliance with an emission limit, you must conduct annual 
stack tests for that pollutant until all stack tests over 3 consecutive 
years show compliance with the emission limit for that pollutant. The 
provision applies to all pollutants subject to stack testing 
requirements: dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash.
    (b) You can test less often for dioxins/furans emissions if you own 
or operate a municipal waste combustion plant that meets two 
conditions. First, you have multiple municipal waste combustion units 
onsite that are subject to this subpart. Second, all those municipal 
waste combustion units have demonstrated levels of dioxins/furans 
emissions less than or equal to 7 nanograms per dry standard cubic 
meter (total mass) for 2 consecutive years. In that case, you may 
choose to conduct annual stack tests on only one municipal waste 
combustion unit per year at your plant. The provision only applies to 
stack testing for dioxins/furans emissions.
    (1) Conduct the stack test no more than 13 months following a stack 
test on any municipal waste combustion unit subject to this subpart at 
your plant. Each year, test a different municipal waste combustion unit 
subject to this subpart and test all municipal waste combustion units 
subject to this subpart in a sequence that you determine. Once you 
determine a testing sequence, it must not be changed without approval 
by the Administrator.
    (2) If each annual stack test shows levels of dioxins/furans 
emissions less than or equal to 7 nanograms per dry standard cubic 
meter (total mass), you may continue stack tests on only one municipal 
waste combustion unit subject to this subpart per year.
    (3) If any annual stack test indicates levels of dioxins/furans 
emissions greater than 7 nanograms per dry standard cubic meter (total 
mass), conduct subsequent annual stack tests on all municipal waste 
combustion units subject to this subpart at your plant. You may return 
to testing one municipal waste combustion unit subject to this subpart 
per year if you can demonstrate dioxins/furans emission levels less 
than or equal to 7 nanograms per dry standard cubic meter (total mass) 
for all municipal waste combustion units at your plant subject to this 
subpart for 2 consecutive years.


Sec. 60.1310  May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 13-month testing schedules specified 
in Secs. 60.1295(b) and 60.1305(b)(1) unless you apply to the 
Administrator for an alternative schedule, and the Administrator 
approves your request for alternate scheduling prior to the date on 
which you would otherwise have been required to conduct the next stack 
test.

Other Monitoring Requirements


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

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


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

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms (or pounds) per hour.
    (2) Calculate your steam (or feed water) flow in 4-hour block 
averages.
    (3) Calculate the steam (or feed water) flow rate using the method 
in ``American Society of Mechanical Engineers Power Test Codes: Test 
Code for Steam Generating Units, Power Test Code 4.1--1964 (R1991),'' 
section 4 (incorporated by reference in Sec. 60.17(h)(2)).
    (4) Design, construct, install, calibrate, and use nozzles or 
orifices for flow rate measurements, using the recommendations in 
``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters,'' 6th 
Edition (1971), chapter 4 (incorporated by reference in 
Sec. 60.17(h)(3)).
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all

[[Page 76365]]

signal conversion elements associated with steam (or feed water) flow 
measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion unit does not generate 
steam, or, if your municipal waste combustion units have shared steam 
systems and steam load cannot be estimated per unit, you must 
determine, to the satisfaction of the Administrator, one or more 
operating parameters that can be used to continuously estimate load 
level (for example, the feed rate of municipal solid waste or refuse-
derived fuel). You must continuously monitor the selected parameters.


Sec. 60.1325  How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?

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


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

    If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must meet three 
requirements:
    (a) Select a carbon injection system operating parameter that can 
be used to calculate carbon feed rate (for example, screw feeder 
speed).
    (b) During each dioxins/furans and mercury stack test, determine 
the average carbon feed rate in kilograms (or pounds) per hour. Also, 
determine the average operating parameter level that correlates to the 
carbon feed rate. Establish a relationship between the operating 
parameter and the carbon feed rate in order to calculate the carbon 
feed rate based on the operating parameter level.
    (c) Continuously monitor the selected operating parameter during 
all periods when the municipal waste combustion unit is operating and 
combusting waste, and calculate the 8-hour block average carbon feed 
rate in kilograms (or pounds) per hour, based on the selected operating 
parameter. When calculating the 8-hour block average, do two things:
    (1) Exclude hours when the municipal waste combustion unit is not 
operating.
    (2) Include hours when the municipal waste combustion unit is 
operating but the carbon feed system is not working correctly.


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

    (a) Where continuous parameter monitoring systems are used, obtain 
1-hour arithmetic averages for three parameters:
    (1) Load level of the municipal waste combustion unit.
    (2) Temperature of the flue gases at the inlet of your particulate 
matter control device.
    (3) Carbon feed rate if activated carbon is used to control 
dioxins/furans or mercury emissions.
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for 90 percent of the operating days per 
calendar quarter. An operating day is any day the unit combusts any 
municipal solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you are in violation of the data 
collection requirement and you must notify the Administrator according 
to Sec. 60.1410(e).

Recordkeeping


Sec. 60.1340  What records must I keep?

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


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

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


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

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


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

    You must keep records of six items:
    (a) Records of provisional certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
are provisionally certified by the American Society of Mechanical 
Engineers or an equivalent State-approved certification program.
    (2) Dates of the initial provisional certifications.
    (3) Documentation showing current provisional certifications.
    (b) Records of full certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
are fully certified by the American Society of Mechanical Engineers or 
an equivalent State-approved certification program.
    (2) Dates of initial and renewal full certifications.
    (3) Documentation showing current full certifications.
    (c) Records showing completion of the operator training course. 
Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
have completed the EPA or State municipal waste combustion operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of the operator training 
course.
    (d) Records of reviews for plant-specific operating manuals. 
Include three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.
    (2) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:

[[Page 76366]]

    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause those people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.


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

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


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

    You must keep records of eight items:
    (a) Records of monitoring data. Document six parameters measured 
using continuous monitoring systems:
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) For Class I municipal waste combustion units only, all 1-hour 
average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average load levels of your municipal waste 
combustion unit.
    (6) All 1-hour average flue gas temperatures at the inlet of the 
particulate matter control device.
    (b) Records of average concentrations and percent reductions. 
Document five parameters:
    (1) All 24-hour daily block geometric average concentrations of 
sulfur dioxide emissions or average percent reductions of sulfur 
dioxide emissions.
    (2) For Class I municipal waste combustion units only, all 24-hour 
daily arithmetic average concentrations of nitrogen oxides emissions.
    (3) All 4-hour block or 24-hour daily block arithmetic average 
concentrations of carbon monoxide emissions.
    (4) All 4-hour block arithmetic average load levels of your 
municipal waste combustion unit.
    (5) All 4-hour block arithmetic average flue gas temperatures at 
the inlet of the particulate matter control device.
    (c) Records of exceedances. Document three items:
    (1) Calendar dates whenever any of the five pollutant or parameter 
levels recorded in paragraph (b) of this section or the opacity level 
recorded in paragraph (a)(1) of this section did not meet the emission 
limits or operating levels specified in this subpart.
    (2) Reasons you exceeded the applicable emission limits or 
operating levels.
    (3) Corrective actions you took, or are taking, to meet the 
emission limits or operating levels.
    (d) Records of minimum data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of data required under Secs. 60.1260 and 60.1335. Record the dates for 
five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took, or are taking, to obtain the 
required amount of data.
    (e) Records of exclusions. Document each time you have excluded 
data from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load levels of your municipal waste combustion unit.
    (5) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (f) Records of drift and accuracy. Document the results of your 
daily drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of this part. Keep the records for the sulfur 
dioxide, nitrogen oxides (Class I municipal waste combustion units 
only), and carbon monoxide continuous emissions monitoring systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you choose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec. 60.1255.
    (h) Records of calendar dates. Include the calendar date on each 
record.


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

    For municipal waste combustion units that use activated carbon to 
control dioxins/furans or mercury emissions, you must keep records of 
five items:
    (a) Records of average carbon feed rate. Document five items:
    (1) Average carbon feed rate in kilograms (or pounds) per hour 
during all stack tests for dioxins/furans and mercury emissions. 
Include supporting calculations in the records.
    (2) For the operating parameter chosen to monitor carbon feed rate, 
average operating level during all stack tests for dioxins/furans and 
mercury emissions. Include supporting data that document the 
relationship between the operating parameter and the carbon feed rate.
    (3) All 8-hour block average carbon feed rates in kilograms (or 
pounds) per hour calculated from the monitored operating parameter.
    (4) Total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include 
supporting documentation.
    (5) Required quarterly usage of carbon for the municipal waste 
combustion plant, calculated using equation 4 or 5 in Sec. 60.1460(f). 
If you choose to evaluate required quarterly usage for carbon on a 
municipal waste combustion unit basis, record the required quarterly 
usage for each municipal waste combustion unit

[[Page 76367]]

at your plant. Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined 
during the most recent stack test for dioxins/furans or mercury 
emissions (whichever has a higher feed rate).
    (2) Reasons for the low carbon feed rates.
    (3) Corrective actions you took or are taking to meet the 8-hour 
average carbon feed rate requirement.
    (c) Records of minimum carbon feed rate data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of carbon feed rate data required under Sec. 60.1335.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to get the required 
amount of data.
    (d) Records of exclusions. Document each time you have excluded 
data from your calculation of average carbon feed rates and the reasons 
the data were excluded.
    (e) Records of calendar dates. Include the calendar date on each 
record.

Reporting


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

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


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

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


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

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


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

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


Sec. 60.1395  When must I submit the initial report?

    As specified in Sec. 60.7(c), submit your initial report within 60 
days after your municipal waste combustion unit reaches the maximum 
load level at which it will operate, but no later than 180 days after 
its initial startup.


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

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

[[Page 76368]]

Sec. 60.1405  When must I submit the annual report?

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


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

    Summarize data collected for all pollutants and parameters 
regulated under this subpart. Your summary must include twelve items:
    (a) The results of the annual stack test, using appropriate units, 
for eight pollutants, as recorded under Sec. 60.1360(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Particulate matter.
    (6) Opacity.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average levels recorded, in the 
appropriate units. List the values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device (4-hour block average).
    (c) The highest 6-minute opacity level measured. Base the value on 
all 6-minute average opacity levels recorded by your continuous opacity 
monitoring system (Sec. 60.1365(a)(1)).
    (d) For municipal waste combustion units that use activated carbon 
for controlling dioxins/furans or mercury emissions, include four 
records:
    (1) The average carbon feed rates recorded during the most recent 
dioxins/furans and mercury stack tests.
    (2) The lowest 8-hour block average carbon feed rate recorded 
during the year.
    (3) The total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant.
    (4) The required quarterly carbon usage of your municipal waste 
combustion plant calculated using equation 4 or 5 in Sec. 60.1460(f). 
If you choose to evaluate required quarterly usage for carbon on a 
municipal waste combustion unit basis, record the required quarterly 
usage for each municipal waste combustion unit at your plant.
    (e) The total number of days that you did not obtain the minimum 
number of hours of data for six pollutants or parameters. Include the 
reasons you did not obtain the data and corrective actions that you 
have taken to obtain the data in the future. Include data on:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (f) The number of hours you have excluded data from the calculation 
of average levels (include the reasons for excluding it). Include data 
for six pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (g) A notice of your intent to begin a reduced stack testing 
schedule for dioxins/furans emissions during the following calendar 
year, if you are eligible for alternative scheduling (Sec. 60.1305(a) 
or (b)).
    (h) A notice of your intent to begin a reduced stack testing 
schedule for other pollutants during the following calendar year if you 
are eligible for alternative scheduling (Sec. 60.1305(a)).
    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year which gives the 
Administrator a summary of the performance of the municipal waste 
combustion unit over a 2-year period.
    (k) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and 
carbon dioxide, as specified in Sec. 60.1255.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.


Sec. 60.1415  What must I do if I am out of compliance with the 
requirements of this subpart?

    You must submit a semiannual report on any recorded emission or 
parameter level that does not meet the requirements specified in this 
subpart.


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

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


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

    You must include three items in the semiannual report:
    (a) For any of the following six pollutants or parameters that 
exceeded the limits specified in this subpart, include the calendar 
date they exceeded the limits, the averaged and recorded data for that 
date, the reasons for exceeding the limits, and your corrective 
actions:
    (1) Concentration or percent reduction of sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, 
concentration of nitrogen oxides emissions.
    (3) Concentration of carbon monoxide emissions.
    (4) Load level of your municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of your particulate 
matter air pollution control device.
    (6) Average 6-minute opacity level. The data obtained from your 
continuous opacity monitoring system are not used to determine 
compliance with the limit on opacity emissions.
    (b) If the results of your annual stack tests (as recorded in 
Sec. 60.1360(a)) show emissions above the limits specified in Table 1 
of this subpart for dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash, include a copy of 
the test report that documents the emission levels and your corrective 
actions.
    (c) For municipal waste combustion units that apply activated 
carbon to control dioxins/furans or mercury emissions, include two 
items:
    (1) Documentation of all dates when the 8-hour block average carbon 
feed rate (calculated from the carbon

[[Page 76369]]

injection system operating parameter) is less than the highest carbon 
feed rate established during the most recent mercury and dioxins/furans 
stack test (as specified in Sec. 60.1370(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for occurrences of low carbon feed rates.
    (iii) The corrective actions you have taken to meet the carbon feed 
rate requirement.
    (iv) The calendar date.
    (2) Documentation of each quarter when total carbon purchased and 
delivered to the municipal waste combustion plant is less than the 
total required quarterly usage of carbon. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include five 
items:
    (i) Amount of carbon purchased and delivered to the plant.
    (ii) Required quarterly usage of carbon.
    (iii) Reasons for not meeting the required quarterly usage of 
carbon.
    (iv) The corrective actions you have taken to meet the required 
quarterly usage of carbon.
    (v) The calendar date.


Sec. 60.1430  Can reporting dates be changed?

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

Air Curtain Incinerators that Burn 100 Percent Yard Waste


Sec. 60.1435  What is an air curtain incinerator?

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


Sec. 60.1440  What is yard waste?

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


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

    If your air curtain incinerator combusts 100 percent yard waste, 
you must meet only the emission limits in this section.
    (a) Within 60 days after your air curtain incinerator reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup, you must meet two limits:
    (1) The opacity limit is 10 percent (6-minute average) for air 
curtain incinerators that can combust at least 35 tons per day of 
municipal solid waste and no more than 250 tons per day of municipal 
solid waste.
    (2) The opacity limit is 35 percent (6-minute average) during the 
startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times. Each malfunction must not exceed 3 hours.


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

    (a) Use EPA Reference Method 9 in appendix A of this part to 
determine compliance with the opacity limit.
    (b) Conduct an initial test for opacity as specified in Sec. 60.8.
    (c) After the initial test for opacity, conduct annual tests no 
more than 13 calendar months following the date of your previous test.


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

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

Equations


Sec. 60.1460  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using equation 1 of this 
section:

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

Where:

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

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%P Hg) 
using equation 2 of this section:

%PHg = (Ei-o) * (100/Ei) 
(Eq. 2)

Where:

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

    (c) Percent reduction in potential hydrogen chloride emissions. 
Calculate the percent reduction in potential hydrogen chloride 
emissions (%PHC1) using equation 3 of this section:

%PHC1 = (Ei - Eo) * (100/
Ei) (Eq. 3)

Where:

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


[[Page 76370]]


    (d) Capacity of a municipal waste combustion unit. For a municipal 
waste combustion unit that can operate continuously for 24-hour 
periods, calculate the municipal waste combustion unit capacity based 
on 24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on 
heat input capacity, calculate the maximum charging rate based on the 
maximum heat input capacity and one of two heating values:
    (i) If your municipal waste combustion unit combusts refuse-derived 
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 
British thermal units per pound).
    (ii) If your municipal waste combustion unit combusts municipal 
solid waste, use a heating value of 10,500 kilojoules per kilogram 
(4,500 British thermal units per pound).
    (2) For municipal waste combustion units with a design not based on 
heat input capacity, use the maximum designed charging rate.
    (e) Capacity of a batch municipal waste combustion unit. Calculate 
the capacity of a batch municipal waste combustion unit as the maximum 
design amount of municipal solid waste they can charge per batch 
multiplied by the maximum number of batches they can process in 24 
hours. Calculate the maximum number of batches by dividing 24 by the 
number of hours needed to process one batch. Retain fractional batches 
in the calculation. For example, if one batch requires 16 hours, the 
municipal waste combustion unit can combust 24/16, or 1.5 batches, in 
24 hours.
    (f) Quarterly carbon usage. If you use activated carbon to comply 
with the dioxins/furans or mercury limits, calculate the required 
quarterly usage of carbon using equation 4 of this section for plant 
basis or equation 5 of this section for unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.001
    
Where:

C = required quarterly carbon usage for the plant in kilograms (or 
pounds).
fi = required carbon feed rate for the municipal waste 
combustion unit in kilograms (or pounds) per hour. That is the average 
carbon feed rate during the most recent mercury or dioxins/furans stack 
tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was 
in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your 
plant.
    (2) Unit basis.
    [GRAPHIC] [TIFF OMITTED] TR06DE00.002
    
Where:

C = required quarterly carbon usage for the unit in kilograms (or 
pounds).
f = required carbon feed rate for the municipal waste combustion unit 
in kilograms (or pounds) per hour. That is the average carbon feed rate 
during the most recent mercury or dioxins/furans stack tests (whichever 
has a higher feed rate).
h = number of hours the municipal waste combustion unit was in 
operation during the calendar quarter (hours).

Definitions


Sec. 60.1465  What definitions must I know?

    Terms used but not defined in this section are defined in the CAA 
and in subparts A and B of this part.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of that type can be constructed 
above or below ground and with or without refractory walls and floor.
    Batch municipal waste combustion unit means a municipal waste 
combustion unit designed so it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste 
to be fed to the unit or ash to be removed during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 (or 366 consecutive days for leap years) 
consecutive days starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustion unit. That 
person is responsible for daily onsite supervision, technical 
direction, management, and overall performance of the municipal waste 
combustion unit.
    Class I units mean small municipal waste combustion units subject 
to this subpart that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity greater than 250 tons per 
day of municipal solid waste. See the definition in this section of 
``municipal waste combustion plant capacity'' for specification of 
which units at a plant site are included in the aggregate capacity 
calculation.
    Class II units mean small municipal waste combustion units subject 
to this subpart that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity less than or equal to 250 
tons per day of municipal solid waste. See the definition in this 
section of ``municipal waste combustion plant capacity'' for 
specification of which units at a plant site are included in the 
aggregate capacity calculation.
    Clean wood means untreated wood or untreated wood products 
including clean untreated lumber, tree stumps (whole or chipped), and 
tree limbs (whole or chipped). Clean wood does not include two items:
    (1) ``Yard waste,'' which is defined elsewhere in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of ``municipal solid waste'' in this section.
    Co-fired combustion unit means a unit that combusts municipal solid 
waste with nonmunicipal solid waste fuel (for example, coal, industrial 
process waste). To be considered a co-fired combustion unit, the unit 
must be subject to a federally enforceable permit that limits it to 
combusting a fuel feed stream which is 30 percent or less (by weight) 
municipal solid waste as measured each calendar quarter.
    Continuous burning means the continuous, semicontinuous, or batch 
feeding of municipal solid waste to dispose of the waste, produce 
energy, or provide heat to the combustion system in preparation for 
waste disposal or energy production. Continuous burning does not mean 
the use of municipal solid waste solely to thermally protect the grate 
or hearth during the startup period when municipal solid waste is not 
fed to the grate or hearth.
    Continuous emission monitoring system means a monitoring system 
that continuously measures the emissions of a pollutant from a 
municipal waste combustion unit.
    Dioxins/furans mean tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Eight-hour block average means the average of all hourly emission 
concentrations or parameter levels when

[[Page 76371]]

the municipal waste combustion unit operates and combusts municipal 
solid waste measured over any of three 8-hour periods of time:
    (1) 12:00 midnight to 8:00 a.m.
    (2) 8:00 a.m. to 4:00 p.m.
    (3) 4:00 p.m. to 12:00 midnight.
    Federally enforceable means all limits and conditions the 
Administrator can enforce (including the requirements of 40 CFR parts 
60, 61, and 63), requirements in a State's implementation plan, and any 
permit requirements established under 40 CFR 52.21 or under 40 CFR 
51.18 and 40 CFR 51.24.
    First calendar half means the period that starts on January 1 and 
ends on June 30 in any year.
    Fluidized bed combustion unit means a unit where municipal waste is 
combusted in a fluidized bed of material. The fluidized bed material 
may remain in the primary combustion zone or may be carried out of the 
primary combustion zone and returned through a recirculation loop.
    Four-hour block average or 4-hour block average means the average 
of all hourly emission concentrations or parameter levels when the 
municipal waste combustion unit operates and combusts municipal solid 
waste measured over any of six 4-hour periods:
    (1) 12:00 midnight to 4:00 a.m.
    (2) 4:00 a.m. to 8:00 a.m.
    (3) 8:00 a.m. to 12:00 noon.
    (4) 12:00 noon to 4:00 p.m.
    (5) 4:00 p.m. to 8:00 p.m.
    (6) 8:00 p.m. to 12:00 midnight.
    Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a refractory wall furnace. Unless otherwise specified, that 
includes municipal waste combustion units with a cylindrical rotary 
refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustion unit means a 
field-erected municipal waste combustion unit that combusts municipal 
solid waste in a cylindrical rotary waterwall furnace.
    Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a waterwall furnace.
    Materials separation plan means a plan that identifies a goal and 
an approach for separating certain components of municipal solid waste 
for a given service area in order to make the separated materials 
available for recycling. A materials separation plan may include three 
items:
    (1) Elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems.
    (2) Different goals or approaches for different subareas in the 
service area.
    (3) No materials separation activities for certain subareas or, if 
warranted, the entire service area.
    Maximum demonstrated load of a municipal waste combustion unit 
means the highest 4-hour block arithmetic average municipal waste 
combustion unit load achieved during 4 consecutive hours in the course 
of the most recent dioxins/furans stack test that demonstrates 
compliance with the applicable emission limit for dioxins/furans 
specified in this subpart.
    Maximum demonstrated temperature of the particulate matter control 
device means the highest 4-hour block arithmetic average flue gas 
temperature measured at the inlet of the particulate matter control 
device during 4 consecutive hours in the course of the most recent 
stack test for dioxins/furans emissions that demonstrates compliance 
with the limits specified in this subpart.
    Medical/infectious waste means any waste meeting the definition of 
``medical/infectious waste'' in Sec. 60.51c of subpart E, of this part.
    Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion 
unit means a combustion unit that combusts coal and refuse-derived fuel 
simultaneously, in which pulverized coal is introduced into an air 
stream that carries the coal to the combustion chamber of the unit 
where it is combusted in suspension. That includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed after June 6, 2001 and 
that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs.
    (2) Any physical change in the municipal waste combustion unit or 
change in the method of operating it that increases the emission level 
of any air pollutant for which new source performance standards have 
been established under section 129 or section 111 of the CAA. Increases 
in the emission level of any air pollutant are determined when the 
municipal waste combustion unit operates at 100 percent of its physical 
load capability and are measured downstream of all air pollution 
control devices. Load restrictions based on permits or other 
nonphysical operational restrictions cannot be considered in the 
determination.
    Modular excess-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under Applicability 
(Sec. 60.1015(a)and (b)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are subject to subparts Ea or Eb of this part, 
or this subpart.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, 
but not limited to, field-erected combustion

[[Page 76372]]

units (with or without heat recovery), modular combustion units 
(starved-air or excess-air), boilers (for example, steam generating 
units), furnaces (whether suspension-fired, grate-fired, mass-fired, 
air curtain incinerators, or fluidized bed-fired), and pyrolysis/
combustion units. Two criteria further define municipal waste 
combustion units:
    (1) Municipal waste combustion units do not include pyrolysis or 
combustion units located at a plastics or rubber recycling unit as 
specified under Applicability (Sec. 60.1020(h) and (i)). Municipal 
waste combustion units also do not include cement kilns that combust 
municipal solid waste as specified under Applicability 
(Sec. 60.1020(j)). Municipal waste combustion units also do not include 
internal combustion engines, gas turbines, or other combustion devices 
that combust landfill gases collected by landfill gas collection 
systems.
    (2) The boundaries of a municipal waste combustion unit are defined 
as follows. The municipal waste combustion unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustion unit water 
system. The municipal waste combustion unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set. The municipal waste combustion unit boundary 
starts at the municipal solid waste pit or hopper and extends through 
three areas:
    (i) The combustion unit flue gas system, which ends immediately 
after the heat recovery equipment or, if there is no heat recovery 
equipment, immediately after the combustion chamber.
    (ii) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    (iii) The combustion unit water system, which starts at the feed 
water pump and ends at the piping that exits the steam drum or 
superheater.
    Particulate matter means total particulate matter emitted from 
municipal waste combustion units as measured using EPA Reference Method 
5 in appendix A of this part and the procedures specified in 
Sec. 60.1300.
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). The 
feed materials are processed and marketed to become input feed stock 
for chemical plants or petroleum refineries. The following three 
criteria further define a plastics or rubber recycling unit:
    (1) Each calendar quarter, the combined weight of the feed stock 
that a plastics or rubber recycling unit produces must be more than 70 
percent of the combined weight of the plastics, rubber, and rubber 
tires that recycling unit processes.
    (2) The plastics, rubber, or rubber tires fed to the recycling unit 
may originate from separating or diverting plastics, rubber, or rubber 
tires from municipal or industrial solid waste. The feed materials may 
include manufacturing scraps, trimmings, and off-specification 
plastics, rubber, and rubber tire discards.
    (3) The plastics, rubber, and rubber tires fed to the recycling 
unit may contain incidental contaminants (for example, paper labels on 
plastic bottles or metal rings on plastic bottle caps).
    Potential hydrogen chloride emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Potential mercury emissions means the level of emissions from a 
municipal waste combustion unit that would occur from combusting 
municipal solid waste without controls for mercury emissions.
    Potential sulfur dioxide emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Pyrolysis/combustion unit means a unit that produces gases, 
liquids, or solids by heating municipal solid waste. The gases, 
liquids, or solids produced are combusted and the emissions vented to 
the atmosphere.
    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins after June 6, 2001.
    (2) The cumulative cost of the construction over the life of the 
unit exceeds 50 percent of the original cost of building and installing 
the municipal waste combustion unit (not including land) updated to 
current costs (current dollars). To determine what systems are within 
the boundary of the municipal waste combustion unit used to calculate 
those costs, see the definition in this section of ``municipal waste 
combustion unit.''
    Refractory unit or refractory wall furnace means a municipal waste 
combustion unit that has no energy recovery (such as through a 
waterwall) in the furnace of the municipal waste combustion unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. That includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Same location means the same or contiguous properties under common 
ownership or control, including those separated only by a street, road, 
highway, or other public right-of-way. Common ownership or control 
includes properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, subdivision, or any combination 
thereof. Entities may include a municipality, other governmental unit, 
or any quasi-governmental authority (for example, a public utility 
district or regional authority for waste disposal).
    Second calendar half means the period that starts on July 1 and 
ends on December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of operating a municipal waste combustion unit and who is 
responsible for onsite supervision, technical direction, management, 
and overall performance of the municipal waste combustion unit during 
an assigned shift.
    Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) 
combustion unit means a municipal waste combustion unit that combusts 
coal and refuse-derived fuel simultaneously, in which coal is 
introduced to the combustion zone by a mechanism that throws the fuel 
onto a grate from above. Combustion takes place both in suspension and 
on the grate.
    Standard conditions when referring to units of measure mean a 
temperature of 20  deg.C and a pressure of 101.3 kilopascals.
    Startup period means the period when a municipal waste combustion 
unit begins the continuous combustion of municipal solid waste. It does 
not include any warmup period during which the municipal waste 
combustion unit combusts fossil fuel or other solid waste fuel but 
receives no municipal solid waste.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension

[[Page 76373]]

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

Tables

             Table 1 of Subpart AAAA--Emission Limits for New Small Municipal Waste Combustion Units
----------------------------------------------------------------------------------------------------------------
                                   You must meet the
  For the following pollutants     following emission  Using the following     And determine compliance by the
                                       limits\a\          averaging times             following methods
----------------------------------------------------------------------------------------------------------------
1. Organics
    Dioxins/Furans (total mass    13 nanograms per     3-run average        Stack test.
     basis).                       dry standard cubic   (minimum run
                                   meter.               duration is 4
                                                        hours).
2. Metals:
    Cadmium.....................  0.020 milligrams     3-run average (run   Stack test.
                                   per dry standard     duration specified
                                   cubic meter.         in test method).
    Lead........................  0.20 milligrams per  3-run average (run   Stack test.
                                   dry standard cubic   duration specified
                                   meter.               in test method).
    Mercury.....................  0.080 milligrams     3-run average (run   Stack test.
                                   per dry standard     duration specified
                                   cubic meter or 85    in test method).
                                   percent reduction
                                   of potential
                                   mercury emissions.
    Opacity.....................  10 percent.........  Thirty 6-minute      Stack test.
                                                        averages.
    Particulate Matter..........  24 milligrams per    3-run average (run   Stack test.
                                   dry standard cubic   duration specified
                                   meter.               in test method).
3. Acid Gases:
    Hydrogen Chloride...........  25 parts per         3-run average        Stack test
                                   million by dry       (minimum run
                                   volume or 95         duration is 1
                                   percent reduction    hour).
                                   of potential
                                   hydrogen chloride
                                   emissions.
    Nitrogen Oxides (Class I      150 (180 for 1st     24-hour daily block  Continuous emission monitoring
     units) \b\.                   year of operation)   arithmetic average   system.
                                   parts per million    concentration.
                                   by dry volume.
    Nitrogen Oxides (Class II     500 parts per        See footnote \d\...  See footnote\d\
     units) \c\.                   million by dry
                                   volume.
    Sulfur Dioxide..............  30 parts per         24-hour daily block  Continuous monitoring emission
                                   million by dry       geometric average    system.
                                   volume or 80         concentration or
                                   percent reduction    percent reduction.
                                   of potential
                                   sulfur dioxide
                                   emissions.
4. Other:
    Fugitive Ash................  Visible emissions    Three 1-hour         Visible emission test.
                                   for no more than 5   observation
                                   percent of hourly    periods.
                                   observation period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits (except for opacity) are measured at 7 percent oxygen.
\b\ Class I units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of
  municipal solid waste. See Sec.  60.1465 for definitions.
\c\ Class II units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity no more than 250 tons per day of
  municipal solid waste. See Sec.  60.1465 for definitions.
\d\ No monitoring, testing, recordkeeping, or reporting is required to demonstrate compliance with the nitrogen
  oxides limit for Class II units.


     Table 2 of Subpart AAAA--Carbon Monoxide Emission Limits for New Small Municipal Waste Combustion Units
----------------------------------------------------------------------------------------------------------------
    For the following municipal waste       You must meet the following     Using the following averaging times
            combustion units                 carbon monoxide limits \a\                     \b\
----------------------------------------------------------------------------------------------------------------
1. Fluidized-bed........................  100 parts per million by dry     4-hour.
                                           volume.
2. Fluidized bed, mixed fuel, (wood/      200 parts per million by dry     24-hour.\c\
 refuse-derived fuel).                     volume.
3. Mass burn rotary refractory..........  100 parts per million by dry     4-hour.
                                           volume.

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4. Mass burn rotary waterwall...........  100 parts per million by dry     24-hour.
                                           volume.
5. Mass burn waterwall and refractory...  100 parts per million by dry     4-hour.
                                           volume.
6. Mixed fuel-fired (pulverized coal/     150 parts per million by dry     4-hour.
 refuse-derived fuel).                     volume.
7. Modular starved-air and excess air...  50 parts per million by dry      4-hour.
                                           volume.
8. Spreader stoker, mixed fuel-fired      150 parts per million by dry     24-hour daily.
 (coal/refuse-derived fuel).               volume.
9. Stoker, refuse-derived fuel..........  150 parts per million by dry     24-hour daily.
                                           volume.
----------------------------------------------------------------------------------------------------------------
\a\ All limits (except for opacity) are measured at 7 percent oxygen. Compliance is determined by continuous
  emission monitoring systems.
\b\ Block averages, arithmetic mean. See Sec.  60.1465 for definitions.
\c\ 24-hour block average, geometric mean. See Sec.  60.1465 for definitions.


       Table 3 of Subpart AAAA--Requirements for Validating Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
                                        Use the following methods in
For the following continuous emission    appendix A of this part to   Use the following methods in appendix A of
          monitoring systems                 validate pollutant         this part to measure oxygen (or carbon
                                            concentration levels                       dioxide)
----------------------------------------------------------------------------------------------------------------
1. Nitrogen Oxides (Class I units      Method 7, 7A, 7B, 7C, 7D, or   Method 3 or 3A.
 only) \a\.                             7E.
2. Sulfur Dioxide....................  Method 6 or 6C...............  Method 3 or 3A.
3. Carbon Monoxide...................  Method 10, 10A, or 10B.......  Method 3 or 3A.
----------------------------------------------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to this subpart that are located at
  municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of
  municipal solid waste. See Sec.  60.1465 for definitions.


                                 Table 4 of Subpart AAAA--Requirements for Continuous Emission Monitoring Systems (CEMS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Use the following            If needed to meet minimum  data
                                                                                   performance specifications        requirements, use the following
   For the following pollutants     Use the following span values for your CEMS    in appendix B of this part   alternate methods  in appendix A of this
                                                                                          for your CEMS                   part  to collect data
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Opacity.......................  100 percent opacity..........................  P.S. 1                        Method 9.
2. Nitrogen Oxides (Class I units  Control device outlet: 125 percent of the      P.S. 2                        Method 7E.
 only) \a\.                         maximum expected hourly potential nitrogen
                                    oxides emissions of the municipal waste
                                    combustion unit.
3. Sulfur Dioxide................  Inlet to control device: 125 percent of the    P.S. 2                        Method 6C.
                                    maximum expected sulfur dioxide emissions of
                                    the municipal waste combustion unit. Control
                                    device outlet: 50 percent of the maximum
                                    expected hourly potential sulfur dioxide
                                    emissions of the municipal waste combustion
                                    unit.
4. Carbon Monoxide...............  125 percent of the maximum expected hourly     P.S. 4A                       Method 10 alternative interference trap.
                                    potential carbon with monoxide emissions of
                                    the municipal waste combustion unit.
5. Oxygen or Carbon Dioxide......  25 percent oxygen or 25 percent carbon         P.S. 3                        Method 3A or 3B.
                                    dioxide.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an
  aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See Sec.  60.1465 for definitions.


                              Table 5 of Subpart AAAA--Requirements for Stack Tests
----------------------------------------------------------------------------------------------------------------
                                        Use the following      Use the methods in
                                      methods in appendix A    appendix A of this
To measure the following pollutants      of this part to         part to measure       Also note the following
                                     determine the sampling         pollutant           additional information
                                            location              concentration
----------------------------------------------------------------------------------------------------------------
1. Organics:
    Dioxins/Furans.................  Method 1..............  Method 23 \a\.........  The minimum sampling time
                                                                                      must be 4 hours per test
                                                                                      run while the municipal
                                                                                      waste combustion unit is
                                                                                      operating at full load.
2. Metals:
    Cadmium........................  Method 1..............  Method 29 \a\.........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Lead...........................  Method 1..............  Method 29 \a\.........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.

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    Mercury........................  Method 1..............  Method 29 \a\.........  Compliance testing must be
                                                                                      performed while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
    Opacity........................  Method 9..............  Method 9..............  Use Method 9 to determine
                                                                                      compliance with opacity
                                                                                      limit. 3-hour observation
                                                                                      period (thirty 6-minute
                                                                                      averages).
    Particulate Matter.............  Method 1..............  Method 5 \a\..........  The minimum sample Matter
                                                                                      volume must be 1.0 cubic
                                                                                      meters. The probe and
                                                                                      filter holder heating
                                                                                      systems in the sample
                                                                                      train must be set to
                                                                                      provide a gas temperature
                                                                                      no greater than 160 14 deg.C. The
                                                                                      minimum sampling time is 1
                                                                                      hour.
3. Acid Gases: \b\
    Hydrogen Chloride..............  Method 1..............  Method 26 or 26A \a\..  Test runs must be at least
                                                                                      1 hour long while the
                                                                                      municipal waste combustion
                                                                                      unit is operating at full
                                                                                      load.
4. Other: \b\
    Fugitive Ash...................  Not applicable........  Method 22 (visible      The three 1-hour
                                                              emissions).             observation period must
                                                                                      include periods when the
                                                                                      facility transfers
                                                                                      fugitive ash from the
                                                                                      municipal waste combustion
                                                                                      unit to the area where the
                                                                                      fugitive ash is stored or
                                                                                      loaded into containers or
                                                                                      trucks.
----------------------------------------------------------------------------------------------------------------
\a\ Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part.
\b\ Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except
  for quality assurance requirements in Appendix F of this part.

[FR Doc. 00-30003 Filed 12-5-00; 8:45 am]
BILLING CODE 6560-50-P