[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Proposed Rules]
[Pages 32484-32526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14619]



[[Page 32483]]

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Part IV





Environmental Protection Agency





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40 CFR Parts 60 and 62



Federal Plan Requirements for Small Municipal Waste Combustion Units 
Constructed On or Before August 30, 1999; Proposed Rule

  Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / 
Proposed Rules  

[[Page 32484]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 62

[AD-FRL-6995-3]
RIN 2060-AJ46


Federal Plan Requirements for Small Municipal Waste Combustion 
Units Constructed On or Before August 30, 1999

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On December 6, 2000, EPA adopted emission guidelines for 
existing small municipal waste combustion (MWC) units. Existing small 
MWC units are those units on which construction was commenced on or 
before August 30, 1999. Sections 111 and 129 of the Clean Air Act (CAA) 
require States with existing small MWC units subject to the emission 
guidelines to submit plans to EPA that implement and enforce the 
emission guidelines. Indian Tribes may submit, but are not required to 
submit, Tribal plans to implement and enforce the emission guidelines 
in Indian country. State plans are due from States with small MWC units 
subject to the emission guidelines on December 6, 2001. If a State or 
Tribe with existing small MWC units does not submit an approvable plan 
within 2 years after promulgation of the emission guidelines (December 
6, 2002), sections 111(d) and 129 of the CAA require EPA to develop, 
implement, and enforce a Federal plan for small MWC units located in 
that State or Tribal jurisdiction. This action proposes a Federal plan 
to implement emission guidelines for small MWC units located in States 
and Indian country without EPA approved and effective State or Tribal 
plans. This Federal plan, when it is finalized, will be an interim 
action because on the effective date of an approved State or Tribal 
plan, the Federal plan will no longer apply to small MWC units covered 
by the State or Tribal plan.

DATES: Comments. Comments on the proposed small MWC Federal plan must 
be received on or before August 13, 2001.
    Public hearing. A public hearing will be held if requests to speak 
are received by June 29, 2001. For additional information on the public 
hearing and requesting to speak, see the Supplementary Information 
section of this preamble. The hearing would take place approximately 30 
days after June 14, 2001 and would begin at 10:00 a.m.

ADDRESSES: Comments. Submit comments (in duplicate, if possible) to: 
The Air and Radiation Docket and Information Center (MC-6102), 
Attention: Docket No. A-2000-39 (Federal plan for small municipal waste 
combustion units), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Comments and data may 
be filed electronically by following the instructions under the 
SUPPLEMENTARY INFORMATION section of this preamble.
    Public Hearing. If EPA receives requests to speak, the hearing 
would take place in Research Triangle Park, North Carolina.
    Docket. Docket No. A-2000-39 contains the supporting information 
for this proposal. Docket Nos. A-89-08, A-90-45, and A-98-18 contain 
the supporting information for the EPA's promulgation of emission 
guidelines for existing small MWC units. 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 docket is located in Room M-1500, Waterside 
Mall (ground floor, central mall). The fax number for the Center is 
(202) 260-4000 and the E-mail address is ``[email protected]''. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker at (919) 541-5420, 
Program Implementation and Review Group, Information Transfer and 
Program Integration Division (MD-12), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, email: 
[email protected]. For information regarding implementation of this 
Federal plan, contact the appropriate Regional Office (table 1) as 
shown in Supplementary Information.

SUPPLEMENTARY INFORMATION:
    Comment Information. Comments may be submitted electronically via 
electronic mail (e-mail) or on disk. Electronic comments on this 
proposed rule may be filed via e-mail at most Federal Depository 
Libraries. Please submit E-mail comments to: ``[email protected]''. Electronic comments must be submitted as an American 
Standard Code for Information Interchange (ASCII) file avoiding the use 
of special characters or encryption, if possible. Comments and data 
will also be accepted on disks or as an e-mail attachment in 
WordPerfect 5.1, 6.1, or Corel 8.0 file format or ASCII file format. 
All comments and data for this proposal, whether in paper form or 
electronic forms such as through e-mail or on diskette, must be 
identified by Docket No. A-2000-39.
    Persons wishing to submit proprietary information for consideration 
must clearly distinguish such information from other comments by 
clearly labeling it ``Confidential Business Information'' (CBI). Submit 
CBI directly to the following address, and not the public docket, to 
ensure that proprietary information is not inadvertently placed in the 
docket: Mr. Roberto Morales, OAQPS Document Control Officer, 411 W. 
Chapel Hill Street, Room 740B, Durham, North Carolina 27701. 
Information covered by such a claim of confidentiality will be 
disclosed by the EPA only to the extent allowed and by the procedures 
set forth in 40 CFR part 2. If no claim of confidentiality is made with 
the submission, the submission may be made available to the public 
without further notice. No confidential business information should be 
submitted through e-mail.
    Public Hearing. If timely requests to speak at a public hearing are 
received by June 29, 2001, a public hearing would be held in Research 
Triangle Park, NC. The public hearing will provide interested parties 
the opportunity to present data, views, or arguments concerning the 
proposed Federal plan. If you wish to speak at a public hearing, you 
should notify Ms. Christine Adams at (919) 541-5590.
    Background Information. A list of combustion related rules is 
available on the Combustion Group website on the EPA Technology 
Transfer Network website (TTN Web) at http://www.epa.gov/ttn/uatw/combust/list.html. You may obtain Federal Register notices, supporting 
information, and docket indices for these combustion related rules.
    Regional Office Contacts. For information regarding the 
implementation of the small MWC Federal plan, contact the appropriate 
EPA Regional Office as shown in table 1.

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     Table 1.--EPA Regional Contacts for Municipal Waste Combustors
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        Regional contact               Phone No.            Fax No.
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John Courcier, U.S. EPA, Region       (617) 918-1659      (617) 918-1505
 I (Connecticut, Maine,
 Massachusetts, New Hampshire,
 Rhode Island, Vermont), John F.
 Kennedy Federal Bldg. (CAP), 1
 Congress Street, Suite 1100,
 Boston, MA 02114-2023..........
Ted Gardella, U.S. EPA, Region        (212) 637-3892
 II (New Jersey, New York,
 Puerto Rico, Virgin Islands),
 Air Program Branch/25th Floor,
 290 Broadway, New York, NY
 10007-1866.....................
James B. Topsale, U.S. EPA,           (215) 814-2190      (215) 814-2124
 Region III (Delaware, District
 of Columbia, Maryland,
 Pennsylvania, Virginia, West
 Virginia), 1650 Arch Street
 Philadelphia, PA 19103-2029....
Scott Davis, U.S. EPA, Region         (404) 562-9127      (404) 562-9095
 IV, (Alabama, Florida, Georgia,
 Kentucky, Mississippi, North
 Carolina, South Carolina,
 Tennessee), Atlanta Federal
 Center APTMD/12th Floor 61
 Forsyth Street, SW, Atlanta, GA
 30303-8960.....................
Douglas Aburano (AR-18J)........      (312) 353-6960      (312) 886-0617
Charles Hatten (AR-18J).........      (312) 886-6031      (312) 886-0617
John Paskevicz (AR-18H), U.S.         (312) 886-6084      (312) 886-5824
 EPA, Region V (Illinois,
 Indiana, Michigan, Minnesota,
 Ohio, Wisconsin), 77 W. Jackson
 Blvd. Chicago, IL 60604-3507...
Kenneth Boyce, U.S. EPA, Region       (214) 665-7259      (214) 665-7263
 VI (Arkansas, Louisiana, New
 Mexico, Oklahoma, Texas), 1445
 Ross Ave., Suite 1200, Dallas,
 TX 75202-2733..................
Wayne Kaiser, U.S. EPA, Region        (913) 551-7603      (913) 551-7065
 VII (Iowa, Kansas, Missouri,
 Nebraska), 901 N. 5th Street,
 Kansas City, KS 66101..........
Mike Owens, U.S. EPA, Region          (303) 312-6440      (303) 312-6064
 VIII (Colorado, Montana, North
 Dakota, South Dakota, Utah,
 Wyoming), 999 18th Street,
 Suite 300, Denver, CO 80202-
 2466...........................
Mae Wang, U.S. EPA, Region IX         (415) 744-1200      (415) 744-1076
 (American Samoa, Arizona,
 California, Guam, Hawaii,
 Northern Mariana Islands,
 Nevada) 75 Hawthorne Street,
 San Francisco, CA 94105........
Tracy Oliver, U.S. EPA, Region X      (206) 553-1388      (206) 553-0110
 (Alaska, Idaho, Oregon,
 Washington), 1200 Sixth Ave.
 Seattle, WA 98101..............
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    Regulated Entities. Entities regulated by this action are existing 
small MWC units with capacities to combust 35 to 250 tons per day of 
municipal solid waste. The promulgation of this Federal plan would 
affect the following categories of sources:

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                                                                                          Examples of regulated
             Category                     NAICS codes                 SIC codes                 entities
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Industry, Federal government, and  562213; 92411              4953; 9511                Solid waste combustors
 State/local/ tribal governments.                                                        or 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.
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    This list is not intended to be exhaustive, but rather provides a 
guide regarding the entities EPA expects to be regulated by this 
Federal plan. This small MWC Federal plan would primarily impact 
facilities in North American Industrial Classification System (NAICS) 
codes 562213 and 92411, formerly Standard Industrial Classification 
(SIC) codes 4953 and 9511, respectively. Not all facilities classified 
under these codes will be affected. To determine whether a facility 
will be regulated by this Federal plan, carefully examine the 
applicability criteria in Secs. 62.15010 through 62.15035 of the 
proposed Federal plan. If you have any questions regarding the 
applicability of this action to your small MWC unit contact the 
Regional Office listed in Table 1.
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I.  Background of MWC Regulations
II.  What Are the Required Elements of the Proposed Small MWC 
Federal Plan?
    A.  Legal Authority and Enforcement Mechanism
    B.  Inventory of Affected MWC Units
    C.  Inventory of Emissions
    D.  Emission Limits
    E.  Compliance Schedules and Increments of Progress
    F.  Record of Public Hearings
    G.  Testing, Monitoring, Recordkeeping, and Reporting
    H.  Progress Reports
III.  Affected Facilities
    A.  Which MWC Units Will be Affected by the Small MWC Federal 
Plan?
    B.  How do I Determine If My Small MWC Unit Is Covered by an 
Approved and Currently Effective State or Tribal Plan?
IV.  Summary of the Proposed Small MWC Federal Plan
    A.  What Are the Subcategories of Small MWC Units?
    B.  What Does the Federal Plan Require?
    C.  What Is the Compliance Schedule?
    D.  How Did EPA Determine the Compliance Schedule?
    E.  How Do the Federal Plan Compliance Dates Interact With the 
State Plan Compliance Dates?
V.  Implications for Closed Units, Units That Plan To Close, and 
Units That Plan To De-Rate
    A.  Dismantled Units
    B.  Units That Have Ceased Operation
    C.  Units That Will Cease Operation Within 1 Year of the 
Effective Date of the Federal Plan
    D.  Units That Will Cease Operation Later Than 1 Year After the 
Effective Date of the Federal Plan
    E.  Units That Will Cease Operation and Plan To Restart After 
the Applicable Final Compliance Date in the Federal Plan
    F.  Units That Plan To De-rate
VI.  Implementation of the Federal Plan and Delegation
    A.  Background of Authority
    B.  Delegation of the Federal Plan and Retained Authorities
    C.  Mechanisms for Transferring Authority
VII.  Title V Operating Permits
VIII.  Units Subject to the Federal Plan and New Source Performance 
Standards

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IX.  Amendment to Subpart A of 40 CFR Part 62
X.  Administrative Requirements
    A.  Executive Order 12866--Regulatory Planning and Review
    B.  Executive Order 13132--Federalism
    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/Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA).
    G.  Paperwork Reduction Act
    H.  National Technology Transfer and Advancement Act

I. Background of MWC Regulations

    On December 6, 2000, EPA promulgated emission guidelines for 
existing small municipal waste combustion units (40 CFR part 60, 
subpart BBBB). Existing small MWC units are those units on which 
construction was commenced on or before August 30, 1999. States with 
existing small MWC units subject to the emission guidelines are 
required to submit to EPA a plan that implements and enforces the 
subpart BBBB emission guidelines within 1 year after promulgation of 
the emission guidelines, or by December 6, 2001. Section 129(b)(3) of 
the CAA requires EPA to develop, implement, and enforce a Federal plan 
for small MWC units located in States that have not submitted an 
approvable plan within 2 years after promulgation of the guidelines, or 
by December 6, 2002. This action proposes a Federal plan for small MWC 
units that are not covered by an EPA approved and effective State or 
Tribal plan. The EPA intends to make this small MWC Federal plan 
effective December 6, 2002. The elements of the Federal plan are 
summarized in section II of this preamble.
    On December 19, 1995, EPA promulgated emission guidelines (40 CFR 
part 60, subpart Cb) for large and small MWC units. In 1997, the U.S. 
Court of Appeals for the D.C. Circuit vacated the emission guidelines 
as they applied to small MWC units (Davis County Solid Waste Management 
and Recovery District v. EPA, 108 F. 3d 1454, D.C. Cir.1997). States or 
Tribes with existing large MWC units subject to the subpart Cb emission 
guidelines were required to submit to EPA a State or Tribal plan for 
those large units by December 19, 1996. To regulate large MWC units in 
areas without approved and currently effective State or Tribal plans, 
EPA promulgated a Federal plan for large units (40 CFR part 62, subpart 
FFF) on November 12, 1998. The subpart FFF Federal plan and previously 
submitted State plans apply to only large MWC units. A separate Federal 
plan and separate State plans must be prepared to implement the subpart 
BBBB emission guidelines for small MWC units.

II. What Are The Required Elements of the Proposed Small MWC 
Federal Plan?

    Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require States to develop and implement State plans for 
MWC units to implement and enforce the MWC emission guidelines. 
Subparts B and BBBB of 40 CFR part 60 require States to submit State 
plans that include specified elements. Because this Federal plan is 
being proposed in lieu of State plans, it includes the same essential 
elements: (1) Identification of legal authority; (2) identification of 
mechanisms for implementation; (3) inventory of affected facilities; 
(4) emission inventory; (5) emission limits; (6) compliance schedules; 
(7) public hearing requirements; (8) reporting and recordkeeping 
requirements; and (9) public progress reports. Each State plan element 
is summarized below as it relates to this proposed small MWC Federal 
plan. Table 2 lists each element and identifies where it is located or 
codified.

                            Table 2.--Required Elements of the Small MWC Federal Plan
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  Required element of the small MWC Federal
                    plan                                                   Location
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Legal authority and enforcement mechanism...  Section 129(b)(3) of the CAA
Inventory of Affected MWC Units.............  Docket A-2000-39
Inventory of Emissions......................  Docket A-2000-39
Emission Limits.............................  40 CFR 62.15155 through 62.15165
Compliance Schedules........................  40 CFR 62.15040 through 62.15095
Record of Public Hearings...................  Docket A-2000-39
Testing, Monitoring, Recordkeeping, and       40 CFR 62.15170 through 62.15360
 Reporting.
Progress Reports............................  Section II.H of this preamble
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A. Legal Authority and Enforcement Mechanism

    A State or Tribal plan must demonstrate that the State or Tribe has 
the legal authority to adopt and implement the emission guidelines. 
(See 40 CFR 60.26.) In its plan, the State or Tribe must identify the 
enforcement mechanism for implementing the emission guidelines, such as 
a State or Tribal rule.
1. EPA's Legal Authority in States
    Section 301(a) of the CAA provides the EPA with broad authority to 
write regulations that carry out the functions of the CAA. Sections 
111(d) and 129(b)(3) of the CAA require the EPA to develop a Federal 
plan for States that do not submit approvable State plans.
2. EPA's Legal Authority in Indian Country
    Section 301(a) provides EPA with the authority to administer 
Federal programs in Indian country. Section 301(d)(4) of the CAA 
authorizes the Administrator to directly administer provisions of the 
CAA where Tribal implementation of those provisions is not appropriate 
or is not administratively feasible. See section VI of this preamble 
for a more detailed discussion of EPA's authority to administer the 
Federal plan for small MWC units in Indian country.
    The EPA is proposing this Federal regulation under the legal 
authority of the CAA to implement the emission guidelines in those 
States and areas of Indian country that do not have an EPA approved and 
effective plan. As discussed in section VI of this document, 
implementation and enforcement of the Federal plan may be delegated to 
State or Tribal agencies when requested by a State or Tribal agency, 
and when EPA determines that such delegation is appropriate.

B. Inventory of Affected MWC Units

    As a required element, a State plan must include a complete source 
inventory of small MWC units affected by the emission guidelines. 
Consistent

[[Page 32487]]

with the requirement for State plans to include an inventory of small 
MWC units, Docket No. A-2000-39 contains an inventory of small MWC 
units that may be covered by this proposed MWC Federal plan. The 
inventory includes all small MWC units because State plans have not 
been submitted yet. The inventory is contained in a memorandum entitled 
``Inventory and Emission Estimates for Small Municipal Waste Combustor 
Units Covered by the Proposed Section 111(d)/129 Federal Plan.'' The 
memorandum serves both the small MWC unit inventory requirement and the 
small MWC unit emission inventory requirement, which will be discussed 
in the following section. The inventory is based on information 
available to EPA during development of the 2000 emission guidelines.
    The list of small MWC units in the docket does not determine 
whether your combustion unit is covered by the proposed small MWC 
Federal plan. Sources subject to the small MWC Federal plan are not 
limited to the sources listed in docket A-2000-39. The Federal plan is 
likely to apply to only a subset of the units listed in the inventory 
because State plans covering some of these units will likely be 
approved and become effective before the Federal plan becomes 
effective. See Secs. 62.15010 through 62.15035 of the proposed subpart 
JJJ to determine whether your combustion unit is covered.

C. Inventory of Emissions

    As a required element, a State plan must include an emission 
inventory for MWC units subject to the emission guidelines. The 
pollutants to be inventoried include dioxins/furans, cadmium (Cd), lead 
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl), 
nitrogen oxides (NOx), carbon monoxide (CO), and sulfur 
dioxide (SO2). For this proposal, EPA has estimated the 
emissions from each small MWC unit that may be covered by the Federal 
plan for all pollutants regulated by the Federal plan. Pollutant 
emissions are expressed in megagrams per year (Mg/yr) for most 
pollutants and grams per year (g/yr) for dioxins. The emission 
inventory is based on information known about the combustor and uses 
emission factors contained in ``Compilation of Air Pollutant Emission 
Factors'' (AP-42). Refer to the emission estimates memorandum in Docket 
No. A-2000-39 for the complete emissions inventory and details on the 
calculations.

D. Emission Limits

    As a required element, a State plan must include emission limits. 
Section 129(b)(2) requires these emission limits to be ``at least as 
protective as'' those in the emission guidelines. The emission limits 
in this proposed small MWC Federal plan are the same as those contained 
in the emission guidelines (40 CFR part 60, subpart BBBB). See Tables 2 
through 5 of subpart JJJ.
    Operator Training and Certification. The emission guidelines 
require American Society of Mechanical Engineers (ASME) or a comparable 
State program for operator certification for chief facility operators 
and shift supervisors, and an EPA or comparable State MWC operator 
training course for chief facility operators. In the Federal plan, ASME 
operator certification and the EPA MWC operator training course will be 
required. However, because State plans may be submitted after 
promulgation of the Federal plan, the proposed Federal plan includes 
the opportunity for States to submit a comparable State program for 
operator certification and comparable State MWC training courses if the 
State expects this information to be submitted as part of the State 
plan. If States submit this information to EPA before November 14, 
2001, EPA intends to allow State certification and State operator 
training courses in the promulgated Federal plan for those States.

E. Compliance Schedules and Increments of Progress

    As a required element, a State plan must include compliance 
schedules for retrofitting controls to comply with the emission limits 
specified in the emission guidelines. Because this proposed MWC Federal 
plan is implemented in lieu of State plans, the compliance schedule 
includes the same increments of progress as required in a State plan. 
The Federal plan increments of progress are consistent with the State 
plan requirements in 40 CFR 60.24 of subpart B and subpart BBBB. These 
increments of progress are required for compliance schedules that are 
longer than 12 months. The increments of progress in the proposed 
Federal plan (and any approved State plan) are the primary mechanism 
for ensuring progress toward final compliance. Each increment of 
progress has a specified date for achievement.
    This proposed Federal plan includes five increments of progress for 
Class I units and two increments of progress for Class II units. A 
Class I small MWC unit has the capacity to combust 35 to less than or 
equal to 250 tons per day of municipal solid waste and is located at a 
MWC plant with an aggregate plant capacity of greater than 250 tons per 
day. A Class II small MWC unit is a MWC unit with the capacity to 
combust 35 to less than or equal to 250 tons per day of municipal solid 
waste and is located at a MWC plant with an aggregate plant capacity 
less than or equal to 250 tons per day.
    The increments of progress to be measured for Class I units are: 
(1) Submitting a final control plan, (2) awarding contracts for control 
systems or process modifications or orders for purchase of components, 
(3) beginning on-site construction or installation of the air pollution 
control device(s) or process changes, (4) completing on-site 
construction or installation of the air pollution control device(s) or 
process changes, and (5) final compliance. For Class II units, dates 
for only the first and last increments are specified.
    The MWC owner or operator is responsible for meeting each of the 
increments of progress for each MWC unit no later than the applicable 
compliance date. The owner or operator must notify EPA as each 
increment of progress is achieved (or missed). The notification must 
identify the increment and the date the achieved increment was met (or 
missed). For an increment achieved late, the notification must identify 
the increment and the date the increment was ultimately achieved. If 
the increment was not achieved, the reasons must be included in your 
notification.
    The owner or operator must sign the notification and mail the 
(post-marked) notification to the applicable EPA Regional Office within 
10 business days of the increment date specified in the Federal plan. 
(See table 1 under the ``Supplementary Information'' section of this 
document for a list of Regional Offices.) The definition of each 
increment of progress follows:
    Submit a Final Control Plan (Class I and II units). To meet this 
increment, the owner or operator of each small MWC unit must submit a 
final control plan describing the air pollution control device(s) or 
process changes that will be employed so that each small MWC unit 
complies with the emission limits and other requirements.
    Award Contract (Class I units only). To award a contract means the 
MWC owner or operator enters into legally binding agreements or 
contractual obligations that cannot be canceled or modified without 
substantial financial loss to the owner or operator. The EPA 
anticipates that the owner or operator may award a number of contracts 
to complete the retrofit. To meet this

[[Page 32488]]

increment of progress, the MWC owner or operator must award a contract 
or contracts to initiate and complete on-site construction, initiate 
and complete on-site installation of emission control equipment, and/or 
incorporate process changes. The owner or operator must mail a copy of 
the contract(s) to EPA within 10 business days of entering into the 
contract(s).
    Initiate On-site Construction (Class I units only). To initiate on-
site construction, installation of air pollution control device(s), or 
process changes means to initiate on-site construction and/or 
installation of emission control equipment and initiate the process 
changes outlined in the final control plan.
    Complete On-site Construction (Class I units only). To complete on-
site construction means that all necessary air pollution control 
device(s) or process changes identified in the final control plan are 
in place, on site, and ready for operation on the MWC unit.
    Final Compliance (Class I and II units). To be in final compliance 
means to incorporate all process changes or complete retrofit 
construction as designed in the final control plan. The owner or 
operator must connect the air pollution control equipment or process 
changes with the affected facility identified in the final control plan 
such that if the affected facility is brought on line all necessary 
process changes or air pollution control equipment are operating as 
designed. Within 180 days after the date the facility is required to 
achieve final compliance, the initial performance test must be 
conducted. On or after the date the initial performance test is 
completed or is required to be completed, whichever is earlier, no 
pollutant may be discharged into the atmosphere from an affected 
facility in excess of the applicable emission limits.

F. Record of Public Hearings

    As a required element of a State plan, a State must include 
opportunity for public participation in developing, adopting, and 
implementing the State plan. If requested, a public hearing will be 
held for this small MWC Federal plan in Research Triangle Park, NC. 
(See the Dates section of this preamble.) The hearing record will 
appear in Docket No. A-2000-39. Written public comments also are 
solicited. (See the ADDRESSES section of this document.) The EPA will 
review and consider the oral and written comments in developing the 
final small MWC Federal plan.

G. Testing, Monitoring, Recordkeeping, and Reporting

    As a required element, a State plan must include the testing, 
monitoring, and recordkeeping and reporting requirements in 40 CFR part 
60, subpart BBBB. The proposed small MWC Federal plan includes the same 
provisions.

H. Progress Reports

    As a required element of a State plan, a State must submit to EPA 
annual reports on progress in the implementation of the emission 
guidelines. Emissions data will be reported to the Aerometric Emissions 
Information Retrieval System Facility Subsystem as specified in 40 CFR 
part 60, appendix D. If a State or Tribe has been delegated authority 
to implement and enforce the proposed Federal plan, the State or Tribe 
will submit annual progress reports to EPA, as required by 40 CFR 
60.25(e) of subpart B. These reports can be combined with the State 
Implementation Plan report required by 40 CFR 51.32 of subpart Q, in 
order to avoid duplicative reporting. Each progress report must include 
compliance status, enforcement actions, information whether increments 
of progress have been met, identification of sources that have ceased 
operation or started operation, updated emission inventory and 
compliance information, and copies of technical reports on any 
performance testing and monitoring. For MWC units in States where 
authority has not been delegated, EPA intends to prepare annual 
progress reports.

III. Affected Facilities

A. Which MWC Units Will Be Affected by the Small MWC Federal Plan?

    This Federal plan will affect existing small MWC units that are not 
regulated by an EPA approved and effective State or Tribal plan. In 
this proposed Federal plan, a small MWC unit is defined as any MWC unit 
with a combustion design capacity of 35 to 250 tons per day of 
municipal solid waste (MSW) that commenced construction on or before 
August 30, 1999. Each small MWC unit will be subject to this Federal 
plan if any of the following is true on the effective date of the 
Federal plan:
    (1) An applicable State or Tribal plan has not become effective;\1\
---------------------------------------------------------------------------

    \1\ The effective date of a State or Tribal plan from EPA's 
perspective (a State and Tribal may have an earlier effective date) 
is 30 days after the State or Tribal plan final approval is 
published in the Federal Register if the final approval is via the 
regular regulatory procedure of proposal with opportunity for 
comment followed by promulgation. If the approval is by direct final 
rulemaking, the effective date of the State or Tribal plan is 60 
days after the approval is published in the Federal Register, if no 
adverse comments are received.
---------------------------------------------------------------------------

    (2) An applicable State or Tribal plan was in effect but was 
subsequently vacated in whole or in part; or
    (3) An applicable State or Tribal plan was in effect but was 
subsequently revised such that it is no longer as protective as the 
emission guidelines.
    Once an approved State or Tribal plan is in effect, the Federal 
plan will no longer apply to a small MWC unit covered by such plan. An 
approved State or Tribal plan is a plan that EPA has reviewed and 
approved based on the requirements in 40 CFR part 60, subpart B to 
implement and enforce 40 CFR part 60, subpart BBBB.
    If a State or Tribe submits a State or Tribal plan and that State 
or Tribal plan is approved and becomes effective before the Federal 
plan becomes effective, the MWC Federal plan will not apply to small 
MWC units covered by that State or Tribal plan. Furthermore, 
promulgation of this MWC Federal plan does not preclude a State or 
Tribe from submitting a State or Tribal plan later. The EPA encourages 
States and Tribes to continue to submit State or Tribal plans for 
approval after the promulgation of the Federal plan. If a State or 
Tribe submits a State or Tribal plan after promulgation of the small 
MWC Federal plan, EPA will review and approve or disapprove the plan. 
Upon the effective date of EPA's approval of the State or Tribal plan, 
the Federal plan will no longer apply, except those Federal plan 
provisions that may have been incorporated by reference under the 
section 111(d)/129 State or Tribal plan, or delegated to the State by 
EPA.

B. How Do I Determine If my Small MWC Unit Is Covered by an EPA 
Approved and Currently Effective State or Tribal Plan?

    Part 62 of Title 40 of the Code of Federal Regulations identifies 
the approval of section 111(d)/129 State or Tribal plans for designated 
pollutants and designated facilities in each State or area of Indian 
Country. However, part 62 is updated only once a year. Thus, if part 62 
does not indicate that your State or Tribal area has an approved and 
effective plan, you should contact your State environmental agency's 
air director or your EPA Regional Office (Table 1) to determine if 
approval occurred since publication of the most recent version of part 
62.
    At the time of this proposal, no States have submitted State plans. 
State plans

[[Page 32489]]

are due December 6, 2001 and EPA expects States to submit State plans 
before that date.

IV. Summary of the Proposed Small MWC Federal Plan

    The proposed small MWC Federal plan contains the same 
subcategories, emission limits, and other requirements as the emission 
guidelines promulgated on December 6, 2000 (65 FR 76378). Refer to the 
attached regulation, 40 CFR part 62, subpart JJJ for the entire set of 
requirements. The major requirements are summarized in the following 
sections.

A. What Are the Subcategories of Small MWC Units?

    Within this proposed Federal plan, the small MWC unit population is 
subcategorized based on aggregate capacity of the plant where the 
individual small MWC unit is located. The resulting subcategories are 
as follows: Class I units are small MWC units located at plants with an 
aggregate plant capacity greater than 250 tons per day of MSW; Class II 
units are small MWC units located at plants with an aggregate plant 
capacity less than or equal to 250 tons per day of MSW.

B. What Does the Federal Plan Require?

    The proposed Federal plan, which will implement the emission 
guidelines, includes emission limits, operating practice requirements, 
operator training and certification requirements, and compliance and 
performance testing requirements. The proposed Federal plan contains 
emission limits for dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, sulfur dioxide, hydrogen chloride, nitrogen oxides, 
and carbon monoxide. The emission limits for Class I and Class II small 
MWC units are listed in Tables 2 through 5 of the proposal subpart JJJ. 
In addition to emission limits, EPA is proposing guidelines for unit 
operating load, flue gas temperature at the particulate matter control 
device inlet, and carbon feed rate as part of the required good 
combustion practices. The EPA is also proposing requirements for the 
control of fugitive ash emissions.

C. What Is the Compliance Schedule?

    Class I and Class II small MWC units will be required to follow the 
generic compliance schedule in table 1 of proposed subpart JJJ, unless 
the State or owner/operator chooses to submit a site-specific 
compliance schedule. Under the generic compliance schedule, Class I 
units would be required to reach final compliance by November 6, 2005. 
Class II units would be required to reach final compliance by May 6, 
2005.
    The proposed Federal plan includes two options for establishing the 
compliance schedule. Under both options the increment dates are defined 
and are enforceable. The Federal plan could function with only a 
generic compliance schedule, but in order to provide flexibility, this 
proposal includes an alternative. As described in section II.E of this 
preamble and consistent with the emission guidelines, Class I units are 
required to meet five increments of progress and Class II units are 
required to meet two increments of progress.
    The compliance schedule for facilities affected by this small MWC 
Federal plan can be established by option 1 (generic compliance 
schedule proposed by EPA) or option 2 (site-specific compliance 
schedule consistent with the draft State plan).
    In cases where option 2 has not been exercised, the owner or 
operator of an affected facility will be subject to option 1 (generic 
schedule). However, if the State or the MWC owner or operator submits a 
schedule that EPA approves (option 2), the owner or operator will be 
subject to that alternative schedule. Under option 2, a State or an MWC 
owner operator will be required to submit a site-specific compliance 
schedule to EPA prior to November 14, 2001. Under option 2, EPA will 
review the schedule and approved schedules will be incorporated into 
the final Federal plan. The two options are discussed below.
    Option 1. Generic Compliance Schedule. Option 1 is the generic 
default alternative. For MWC units covered by the Federal plan where 
State plans or compliance schedules have not been submitted, EPA is 
proposing a generic compliance schedule and increments of progress. 
Under option 1, a generic compliance schedule will apply to each Class 
I or Class II small MWC unit.
    Option 2. Site-specific Compliance Schedules. Under option 2, a 
State or an MWC owner or operator may submit to EPA a site-specific 
compliance schedule as negotiated between the State and an MWC owner or 
operator to EPA before November 14, 2001. The State or MWC owner or 
operator can submit alternative dates for increments 2, 3, 4, and 5 for 
Class I units and an alternative increment 5 date for Class II units. 
The increment 1 date will be the same as option 1. The increment 5 
final compliance date for Class I and Class II units cannot be later 
than December 6, 2005. States should submit the schedules to their 
respective Regional office contacts listed in Table 1 for Regional 
contacts.
    The EPA recognizes that Class I units may need flexibility for the 
award contract date, the start construction date, and the finish 
construction date given facility-specific retrofit considerations and 
constraints. Also, there may be some unique site-specific circumstances 
where a Class I or Class II unit cannot complete retrofit by the 
generic schedule increment compliance date. Subpart B requires 
compliance as expeditiously as practicable, and section 129 specifies 
that the compliance date can be no later than 5 years after 
promulgation of the emission guidelines. Therefore, the site-specific 
final compliance date can be no later than December 6, 2005. Following 
review and approval of these site-specific schedules, EPA will add them 
to the Federal plan at promulgation. Offering this flexibility assures 
the Federal plan is fully consistent with State plans that are approved 
after the Federal plan is promulgated. For example, in some cases the 
State may have negotiated a retrofit schedule with the MWC owner or 
operator, determined what retrofit schedule is feasible for specific 
MWC units, held public hearings, and considered public comments in 
establishing the schedule.
    The increment 1 date for Class I and Class II units under both 
options is the same. For several reasons, EPA believes that requiring 
owners or operators to submit a final control plan by August 6, 2003 
for Class I units and September 6, 2003 for Class II units provides 
adequate time to prepare a final control plan: (1) Owners and operators 
have known about this requirement since 1995; (2) owners and operators 
have over 1 year to prepare the final control plan upon publication of 
this notice; and (3) the final control plan does not require detailed 
drawings or plans.
    In summary, the proposed MWC Federal plan includes two options for 
defining the increment dates. The EPA believes the options maximize 
flexibility and increase regulatory efficiency. The EPA included a 
similar approach in the large MWC unit Federal plan. Commenters on the 
large MWC unit Federal plan supported EPA's approach. The EPA believes 
that this approach also makes sense for owners or operators of small 
MWC units.

D. How Did EPA Determine the Compliance Schedule?

    The EPA determined the proposed Class II generic compliance 
schedule based on two case studies of retrofits at small MWC units at 
plants that have capacities of less than 250 tons per day.

[[Page 32490]]

Both plants retrofitted an acid gas/fabric filter/carbon injection 
system that can meet the emission limits for Class II units in the 
proposed small MWC Federal plan. The EPA also contacted a vendor of 
modular MWC units and add-on air pollution control equipment to obtain 
additional information on retrofit schedules for Class II units. The 
schedule is 6 months shorter than the schedule promulgated for large 
MWC units and proposed for Class I small MWC units because most Class 
II units can use control devices assembed from modular control 
components that do not need as much site-specific design, fabrication, 
and installation time. Memorandums that provide detail on the case 
studies, the discussion with the MWC vendor, and the basis of the Class 
I and Class II generic compliance schedules are located in Docket A-
2000-39, items II-B-1 through II-B-5.
    The proposed Class I generic compliance schedule is the same as the 
generic compliance schedule in the large MWC Federal plan. The generic 
compliance schedule for large MWC units is based on retrofit studies of 
large MWC units at three MWC plants (see Docket A-97-45, II-A-1 through 
II-A-4). The EPA is proposing the same compliance schedule for Class I 
MWC units as large MWC units on the basis of similarities in size and 
retrofit requirements. Class I small MWC units will need the same 
technology as large MWC units to meet the emission limits in the 
respective Federal plans (see Docket A-2000-39, item II-B-1).
    For Class I units, the compliance schedule for dioxin and mercury 
depends on the date of the MWC unit's construction. The emission 
guidelines require Class I small MWC units that commenced construction, 
reconstruction, or modification after June 26, 1987 to achieve 
compliance with the mercury and dioxin limits within 1 year after State 
plan approval (or 1 year after a revised construction permit or a 
revised operating permit is issued, if a permit modification is 
required, whichever is later). The EPA is, therefore, proposing to 
require compliance with the mercury and dioxin limits within 1 year 
after the effective date of the MWC Federal plan, or 1 year after a 
revised construction permit or a revised operating permit is issued, if 
a permit modification is required, whichever is later. Final compliance 
must be achieved no later than the applicable final compliance date in 
the Federal plan, even if the date ``1 year after permit issuance'' 
exceeds the applicable final compliance date in the Federal plan.

E. How Do the Federal Plan Compliance Dates Interact With the State 
Plan Compliance Dates?

    Before the Federal plan is in effect, a State may submit a State 
plan to EPA containing variable compliance dates. Although the 
increment dates can vary, they are subject to EPA's review and the 
final compliance date cannot be later than December 6, 2005.
    After the Federal plan is in effect, a State may submit a State 
plan to EPA or receive approval for a State plan. However, if submitted 
or approved after the Federal plan is in effect, the compliance 
schedule dates in the State plan must be no later than the applicable 
generic compliance schedule dates in the promulgated Federal plan. The 
EPA is proposing and taking comment on EPA's position that State plans 
that are submitted to EPA after the Federal plan is in effect must 
contain the same or earlier incremental and final compliance dates as 
the Federal plan.

V. Implications for Closed Units, Units That Plan To Close, and 
Units That Plan To De-Rate

    The emission guidelines (40 CFR part 60, subpart BBBB) require 
small MWC units to comply with the emission limits or cease operation 
within 3 years following approval of a State plan, but no later than 5 
years after publication of the final emission guidelines (40 CFR part 
60, subpart BBBB) in the Federal Register. The Federal plan requires 
owners or operators of a small MWC unit to either: (1) Come into 
compliance with the plan within 1 year after the effective date of the 
plan; or (2) meet increments of progress and come into compliance by 
the applicable final compliance date in the Federal plan. This section 
describes how this Federal plan addresses various categories of closed 
small MWC units and de-rated small MWC units, including:
     Dismantled small MWC units;
     Small MWC units that have ceased operation;
     Small MWC units that will cease operation rather than 
comply with the Federal plan;
     Small MWC units that will cease operation and plan to 
restart after the applicable final compliance date in the Federal plan; 
and
     Small MWC units that will de-rate (reduce capacity).

A. Dismantled Units

    Units that are partially or fully dismantled are not required to be 
included in the small MWC unit inventory that is an element of a State 
plan or this Federal plan. Small MWC units are partially or fully 
dismantled if they have been physically altered so they cannot operate. 
Dismantled units cannot be restarted without extensive work; and if 
they were restarted, they would be considered a new unit and would be 
subject to the new source performance standard (40 CFR part 60, subpart 
AAAA) rather than to the State or Federal plan for existing units.

B. Units That Have Ceased Operation

    Small MWC units that are known to have ceased operation (but are 
not known to be dismantled) are included in the inventory element of 
this proposed Federal plan. Such units must also be identified in any 
State plans submitted to EPA. If the owner or operator of these 
inactive small MWC units plans to restart these units before the 
applicable final compliance date in the Federal plan, the units would 
be required to achieve the same compliance schedule required for other 
small MWC units. In order to assure compliance by the required date, 
the owner or operator of units that have ceased operation, but who 
plans to restart the units before the applicable final compliance date 
in the Federal plan, must submit a final control plan and the units 
must comply with the increments of progress on the same generic 
schedule as other small MWC units subject to this Federal plan. (See 
section II.E for a discussion of compliance schedules and increments of 
progress.)
    If inactive small MWC units will not be restarted until after the 
applicable final compliance date in the Federal plan, a control plan is 
not needed. However, the proposed Federal plan specifies that any units 
that have ceased operation and are planned to be restarted after the 
applicable final compliance date in the Federal plan, must complete 
retrofit and comply with the emission limits and operational 
requirements immediately upon restarting. Performance testing to 
demonstrate compliance will be required within 180 days after 
restarting. The dates for increments of progress that lead to final 
compliance (e.g., awarding contracts, initiating on-site construction, 
completing on-site construction) will not need to be specified for 
units that have ceased operation and plan to restart after the 
applicable final compliance date in the Federal plan, because these 
activities must occur before restart while the units are closed and 
have no emissions. If a unit is operated after the applicable final 
compliance date in the Federal plan without complying, it will be a 
violation of the Federal plan.

[[Page 32491]]

C. Units That Will Cease Operation Within 1 Year of the Effective Date 
of the Federal Plan

    The owner or operator of currently operating small MWC units 
subject to this Federal plan who will cease operation of the units 
rather than comply with the emission limits will be required to notify 
EPA at the time that final control plans are due. The owner operator 
will specify whether the small MWC units will cease operation within 1 
year or at a later date. If the owner or operator notifies EPA that the 
small MWC units will cease operation within 1 year of the effective 
date of this Federal plan, the owner or operator will not be required 
to enter into a legally enforceable cease operation agreement. However, 
if the owner or operator does not cease operation of the units by the 
date 1 year after the effective date, it will be a violation of the 
Federal plan.

D. Units That Will Cease Operation Later Than 1 Year After the 
Effective Date of the Federal Plan

    The owner or operator of a small MWC unit that will cease 
operations more than 1 year after the effective date of the Federal 
plan will be required to notify EPA at the time the final control plan 
is due that the owner or operator will cease operation of the unit. The 
owner or operator of such a small MWC unit also will need to enter into 
a legally enforceable cease operation agreement with EPA by the date 
the final control plan is due. The cease operation agreement will 
include the date that operation will cease. The owner or operator of a 
Class I MWC unit that is ceasing operation more than 1 year after the 
effective date of this Federal plan will also submit data for dioxins/
furans emission tests conducted during or after 1990 by the date the 
final control plan is due for your Class I MWC unit according to the 
schedule in Table 1 or Table 9 of subpart JJJ (see Sec. 62.15095). The 
requirement to submit data for dioxins/furans emission tests is 
consistent with subpart BBBB. The cease operation agreement ensures 
that the small MWC unit will cease operation by an agreed-upon 
enforceable date. In all cases, this date will be no later than the 
applicable final compliance date in the Federal plan.

E. Units That Will Cease Operation and Plan To Restart After the 
Applicable Final Compliance Date in the Federal Plan

    Small MWC units covered by this Federal plan that will cease 
operation within 1 year of the effective date of the Federal plan can 
be restarted after the applicable final compliance date in the Federal 
plan if the units achieve compliance upon restarting. The proposed 
Federal plan specifies that when a small MWC unit restarts after the 
applicable final compliance date in the Federal plan, it must comply 
with the Federal plan emission limits and operational requirements upon 
restarting. There will be no need to establish and meet specific dates 
for the remaining increments of progress (i.e., awarding contracts, 
initiating on-site construction, completing on-site construction, and 
final compliance) because these increments must be completed while the 
unit is closed and there are no emissions. The proposed Federal plan 
specifies that the unit must achieve final compliance with the Federal 
plan emission limits and operating requirements as soon as it is 
restarted. The performance test to demonstrate compliance will be 
required within 180 days after restarting.

F. Units That Plan To De-rate

    The proposed Federal plan will allow the owner or operator of a 
small MWC unit to de-rate the capacity of a small MWC unit to below 35 
tons per day. Therefore, the small MWC unit will no longer be subject 
to the small MWC Federal plan. De-rating means a permanent change that 
physically reduces the capacity of the small MWC unit to less than 35 
tons per day of MSW. De-rating cannot be accomplished through a permit 
provision, nor can it be self-imposed operating restrictions such as 
limiting steam flow or the waste charge rate. De-rating must be a 
permanent physical restriction.
    The owner or operator that plans to de-rate a small MWC unit would 
de-rate the unit on the same schedule and increments that the small MWC 
unit has to follow, if it were to be retrofitted to meet the emission 
limits. For example, the owner or operator of a Class II small MWC unit 
that is subject to the proposed generic compliance schedule will need 
to submit a plan describing the specific physical changes and schedule 
for accomplishing the de-rating on the date the final control plan is 
due. The owner or operator will need to complete the de-rating by the 
final compliance date for Class II units. Once the small MWC unit 
physically is unable to combust 35 tons per day or more, it will no 
longer be subject to the small MWC Federal plan.

VI. Implementation of the Federal plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, EPA is required to 
adopt emission guidelines that are applicable to existing solid waste 
incineration sources. These emission guidelines are not enforceable 
until EPA approves a State or Tribal plan or adopts a Federal plan that 
implements and enforces them, and the State, Tribal, or Federal plan 
has become effective. As discussed above, the Federal plan regulates 
small MWC units in a State or Tribal area that does not have a EPA-
approved plan currently in effect.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with State and local agencies. 
See section 101(a)(3) of the CAA. Consistent with that overall 
determination, Congress established sections 111 and 129 of the CAA 
with the intent that the States and local agencies take the primary 
responsibility for ensuring that the emission limitations and other 
requirements in the emission guidelines are achieved. Also, in section 
111(d) of the CAA, Congress explicitly required that EPA establish 
procedures that are similar to those under section 110(c) for State 
Implementation Plans. Although Congress required EPA to propose and 
promulgate a Federal plan for States that fail to submit approvable 
State plans on time, States and Tribes may submit approvable plans 
after promulgation of the Federal plan. The EPA strongly encourages 
States that are unable to submit approvable plans to request delegation 
of the Federal plan so that they can have primary responsibility for 
implementing the emission guidelines, consistent with Congress' intent.
    Approved and effective State plans or delegation of the Federal 
plan is EPA's preferred outcome since EPA believes that State and local 
agencies not only have the responsibility to carry out the emission 
guidelines, but also have the practical knowledge and enforcement 
resources critical to achieving the highest rate of compliance. For 
these reasons, EPA will do all that it can to expedite delegation of 
the Federal plan to State and local agencies, whenever possible.
    The EPA also believes that Indian Tribes are the primary parties 
responsible for regulating air quality within Indian country, if they 
desire to do so. See EPA's Indian Policy (``Policy for Administration 
of Environmental Programs on Indian Reservations,'' signed by William 
D. Ruckelshaus, Administrator of EPA, dated November

[[Page 32492]]

4, 1984), reaffirmed in a 1994 memorandum (``EPA Indian Policy,'' 
signed by Carol M. Browner, Administrator of EPA, dated March 14, 
1994).

B. Delegation of the Federal Plan and Retained Authorities

    If a State or Indian Tribe intends to take delegation of the 
Federal plan, the State or Indian Tribe must submit to the appropriate 
EPA Regional Office a written request for delegation of authority. The 
State or Indian Tribe must explain how it meets the criteria for 
delegation. See generally ``Good Practices Manual for Delegation of 
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation, 
an Indian Tribe must also establish its eligibility to be treated in 
the same manner as a State. The letter requesting delegation of 
authority to implement the Federal plan must demonstrate that the State 
or Tribe has adequate resources, as well as the legal and enforcement 
authority to administer and enforce the program. A memorandum of 
agreement between the State or Tribe and EPA will set forth the terms 
and conditions of the delegation, the effective date of the agreement, 
and will also serve as the mechanism to transfer authority. Upon 
signature of the agreement, the appropriate EPA Regional Office will 
publish an approval notice in the Federal Register, thereby 
incorporating the delegation of authority into the appropriate subpart 
of 40 CFR part 62.
    If authority is not delegated to a State or Indian Tribe, EPA will 
implement the Federal plan. Also, if a State or Tribe fails to properly 
implement a delegated portion of the Federal plan, EPA will assume 
direct implementation and enforcement of that portion. The EPA will 
continue to hold enforcement authority along with the State or Tribe 
even when a State or Tribe has received delegation of the Federal plan. 
In all cases where the Federal plan is delegated, EPA will retain and 
will not transfer authority to a State or Tribe certain authorities 
which could change the stringency of the underlying standard, which are 
likely to be nationally significant, or which may require a national 
rulemaking and subsequent Federal Register notice. The following 
authorities may not be delegated to State, Tribal or local agencies: 
approval of alternative non-opacity emission standards, approval of 
alternative opacity standard, approval of major alternatives to test 
methods, approval of major alternatives to monitoring, waiver of 
recordkeeping, and approval of exemption to operating practice 
requirements in Sec. 62.15145(e)(5).

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to State or Tribal agencies: (1) When EPA approves a State or Tribal 
plan after the Federal plan is in effect; and (2) if a State or Tribe 
does not submit or obtain approval of its own plan, EPA may delegate to 
a State or Tribe the authority to implement the Federal plan. Both of 
these options are described in more detail below.
1. State or Tribe Submits a Plan After Small MWC Units Located in the 
Area Are Subject to the Federal Plan
    After small MWC units in a State or Tribal area become subject to 
the Federal plan, the State or Tribal agency may still adopt and submit 
a plan to EPA. If EPA determines that the State or Tribal plan is as 
protective as the emission guidelines, EPA will approve the State or 
Tribal plan. If EPA determines that the plan is not as protective as 
the emission guidelines, EPA will disapprove the plan and the small MWC 
units proposed to be covered in the State or Tribal plan will remain 
subject to the Federal plan until a State or Tribal plan covering those 
small MWC units is approved and effective.
    Upon the effective date of a State or Tribal plan, the Federal plan 
will no longer apply to small MWC units covered by such a plan and the 
State or Tribal agency will implement and enforce the State or Tribal 
plan in lieu of the Federal plan. When an EPA Regional Office approves 
a State or Tribal plan, it will amend the appropriate subpart of 40 CFR 
part 62 to indicate such approval.
2. State Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to State or Tribal 
agencies the authority to implement the Federal plan. As discussed 
above, EPA believes that it is advantageous and the best use of 
resources for State agencies to agree to undertake, on EPA's behalf, 
the administrative and substantive role in implementing the Federal 
plan to the extent EPA decides it is appropriate and where authorized 
by State law. If a State requests delegation, EPA will generally 
delegate the entire Federal plan to the State agency. These functions 
include administration and oversight of compliance reporting and 
recordkeeping requirements, small MWC inspections, and preparation of 
draft notices of violation and enforcement. Enforcement authority can 
be delegated to State and Tribal agencies, but EPA always retains 
Federal enforcement authority. The EPA also believes that it is the 
best use of resources for Tribal agencies to undertake a role in the 
implementation of the Federal plan. The Tribal Authority Rule (TAR) 
issued on February 12, 1998 (63 FR 7254) provides Tribes the 
opportunity to develop and implement Clean Air Act programs. However, 
due to resource constraints and other factors unique to Tribal 
governments, it leaves to the discretion of the Tribe whether to 
develop these programs and which elements of a program they will adopt. 
Consistent with the approach of the TAR, EPA may choose to delegate a 
partial Federal plan (i.e., to delegate authority for some functions 
needed to carry out the plan) in appropriate circumstances and where 
authorized by Tribal law. Both States, or Tribal agencies, that have 
taken delegation, as well as EPA, will have responsibility for bringing 
enforcement actions against sources violating Federal plan provisions. 
However, EPA recognizes that Tribes have limited criminal enforcement 
authority, and EPA will address in the delegation agreement with the 
Tribe how criminal enforcement issues are referred to EPA.

VII. Title V Operating Permits

    Sources subject to this small MWC Federal plan must obtain title V 
operating permits. These title V operating permits must assure 
compliance with all applicable requirements for these sources, 
including all applicable requirements of this Federal plan. See 40 CFR 
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
    Owners or operators of section 129 sources (including small MWC 
units) subject to standards and regulations under sections 111 and 129 
must operate pursuant to a title V permit not later than 36 months 
after promulgation of emission guidelines under section 129 or by the 
effective date of the State, Tribal, or Federal title V operating 
permits program that covers the area in which the unit is located, 
whichever is later.\2\ The EPA has interpreted section 129(e) to be 
consistent with section 503(d) of the CAA and 40 CFR 70.7(b) and 
71.7(b). (See, e.g., the final Federal plan for Hospital/Medical/
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49878)). 
Section 503(d) of the

[[Page 32493]]

CAA and 40 CFR 70.7(b) and 71.7(b) allow a source to operate without 
being in violation of title V once the source has submitted a timely 
and complete permit application, even if the source has not yet 
received a final title V operating permit from the permitting 
authority. Therefore, a title V application should be submitted early 
enough for the permitting authority to find the application either 
complete or incomplete before the title V application deadline. In the 
event the application is found incomplete by the permitting authority, 
the source must submit the information needed to make the application 
complete by the application deadline in order to obtain the application 
shield. See 40 CFR 62.15400(c) and 40 CFR 70.5(a)(2) and 71.5(a)(2). 
The above interpretation is important because in the absence of such an 
interpretation, a section 129 source may be required to prepare and 
submit a complete title V application and have the permit issued in a 
very short period of time after becoming subject to a title V 
program.\3\
---------------------------------------------------------------------------

    \2\ As of today's proposal, all areas in the country are covered 
by title V programs, including the Outer Continental Shelf. See 40 
CFR 55.6. As a result, the relevant section 129(e) date for small 
MWC units is 36 months following promulgation of 40 CFR part 60, 
subpart BBBB (December 6, 2003).
    \3\ For example, in the absence of such an interpretation, if a 
final Federal plan were to become effective more than 24 months 
after the promulgation of emission guidelines applicable to a 
section 129 source, that source would have less than 12 months to 
prepare and submit a complete title V permit application and to have 
the permit issued. The later such a Federal plan becomes effective, 
the less time a source would have to complete the permitting 
process. Moreover, to read section 129(e) as inconsistent with 
section 503(d) and 40 CFR 70.7(b) and 71.7(b) would be in conflict 
with the requirements of section 503(c), which require sources to 
submit title V applications not later than 12 months after becoming 
subject to a title V permits program. Such a reading could require 
some section 129 sources to have been issued final title V permits 
in potentially much less time than allotted for non-section 129 
sources to submit their title V applications.
---------------------------------------------------------------------------

    Consequently, if an owner or operator of a small MWC unit is 
required to obtain a title V permit for the first time by virtue of 
being subject to this Federal plan, the owner or operator must submit a 
complete title V permit application by not later than 36 months after 
promulgation of 40 CFR part 60, subpart BBBB (December 6, 2003).
    The above permit application deadline, however, reflects the latest 
possible date by which complete applications for existing small MWC 
units can be submitted in order for such applications to be considered 
timely. It is important to note that if an earlier application deadline 
applies to an existing small MWC unit, then this deadline must be met 
in order for the unit to be in compliance with section 502(a). To 
determine when an application is due for an existing small MWC unit, 
section 129(e) of the CAA must be read in conjunction with section 
503(c) of the CAA. As stated in section 503(c), a source has up to 12 
months to apply for a title V permit once it becomes subject to a title 
V permitting program.\4\ For example, if an existing small MWC unit 
becomes subject to a title V permitting program for the first time on 
the effective date of this Federal plan, then the source must apply for 
a title V permit within 12 months of the effective date of the Federal 
plan in order to operate after this date in compliance with Federal 
law.
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    \4\ If a source is subject to title V for more than one reason, 
the 12-month time frame for submitting a title V application is 
triggered by the requirement which first causes the source to become 
subject to title V. As provided in section 503(c) of the CAA, 
permitting authorities may establish permit application deadlines 
earlier than the 12-month deadline.
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    An application deadline earlier than either of the two dates noted 
above, i.e., not later than 36 months after the promulgation of subpart 
BBBB or not later than 12 months after the effective date of this 
Federal plan, may apply to an existing small MWC unit if it is subject 
to title V for more than one reason. For example, an existing small MWC 
unit may already be subject to title V as a result of being a major 
source under one or more of three major source definitions in title V--
section 112, section 302, or part D of title I of the CAA. See 40 CFR 
70.3(a)(1) and 71.3(a)(1) (subjecting major sources to title V 
permitting) and 40 CFR 70.2 and 71.2 (defining major source for 
purposes of title V). Additionally, an existing small MWC unit may 
already be subject to title V if it is subject to some other earlier 
promulgated standard under section 111 or 112 of the CAA. See 40 CFR 
70.3(a) and (b) and 71.3(a) and (b) for a list of the applicability 
criteria which trigger the requirement to apply for a title V permit.
    If your unit is not subject to an earlier permit application 
deadline, a complete title V permit application for an existing small 
MWC unit must be submitted not later than 36 months after promulgation 
of subpart BBBB (December 6, 2003). For any existing small MWC unit 
subject to the requirements of this Federal plan and not subject to an 
earlier application deadline, this final application deadline applies 
regardless of when this Federal plan is effective. For any existing 
small MWC unit subject to the requirements of an EPA approved and 
effective section 111(d)/129 State plan for small MWC units and not 
subject to an earlier application deadline, this final application 
deadline applies regardless of when the EPA approved section 111(d)/129 
State plan is effective.
    If an owner or operator is already subject to title V by virtue of 
some requirement other than this Federal plan and has submitted a 
timely and complete permit application, but the draft title V permit 
has not yet been released by the permitting authority, then the owner 
or operator must supplement the title V application by including the 
applicable requirements of this Federal plan in accordance with 40 CFR 
70.5(b) or 71.5(b). If an owner or operator of an existing small MWC 
unit is already subject to title V by virtue of some requirement other 
than this Federal plan and already possesses a title V permit with a 
remaining term of 3 or more years on the effective date of this Federal 
plan, then the owner or operator will receive from the permitting 
authority a notice of intent to reopen the title V permit to include 
the requirements of this Federal plan in accordance with the procedures 
established in 40 CFR 70.7(f) or 71.7(f). An owner or operator of an 
existing small MWC unit with a title V permit having a remaining term 
of less than 3 years on the effective date of this Federal plan need 
not have the title V permit reopened, as a matter of Federal law, to 
include the Federal plan requirements.\5\ However, the owner or 
operator remains subject to, and must act in compliance with, these 
Federal plan requirements and all other applicable requirements to 
which the source is subject. See 40 CFR 70.6(a)(1), 70.2, 71.6(a)(1) 
and 71.2.
---------------------------------------------------------------------------

    \5\ See CAA section 502(b)(6); 40 CFR 70.7(f)(1)(i) and 
71.7(f)(1)(i). Permitting authorities are required to reopen title V 
permits to incorporate additional applicable requirements when 3 or 
more years remain on a major part 70 or part 71 source's permit 
term. Reopenings required by 40 CFR 70.7(f)(1)(i) and 71.7(f)(1)(i) 
must be completed not later than 18 months after promulgation of the 
applicable requirement. Owners or operators of small MWC units, 
which have been permitted and are subject to this Federal plan, may 
wish to consult their operating permits program regulations or 
permitting authorities to determine whether their permits must be 
reopened to incorporate the requirements of this Federal plan.
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VIII. Units Subject to the Federal Plan and New Source Performance 
Standards

    This section describes the relationship between the Federal plan 
and the three NSPS in terms of applicability and emission limits. The 
MWC emission guidelines apply and this proposed Federal plan will apply 
to MWC units 35 tons per day or more and less than or equal to 250 tons 
per day in combustion capacity that commenced construction before 
August 30, 1999. There are also three new source

[[Page 32494]]

performance standards (NSPS) that apply to MWC units.
    The first NSPS for MWC units, 40 CFR part 60 subpart E, was 
promulgated in 1971. It applies to incinerators combusting more than 45 
Mg per day (50 tons per day) of MSW that were constructed or modified 
after August 17, 1971. The only pollutant regulated by subpart E is 
particulate matter (PM), and the PM limit is higher than the limit in 
the proposed Federal plan. Thus, small MWC units complying with the 
Federal plan PM limit would also comply with the subpart E NSPS 
emission limit for PM.
    The second NSPS, subpart Ea, was promulgated on February 11, 1991 
and revised on December 19, 1995. This NSPS applies to MWC units with 
capacities to combust greater than 250 tons per day, and therefore, 
will not apply to units subject to this small MWC Federal plan (MWC 
units with design combustion capacity less than or equal to 250 tons 
per day).
    The third NSPS, subpart AAAA, applies to small MWC units that: 1) 
commence construction after August 30, 1999, or 2) commence 
modification or reconstruction 6 months after promulgation of subpart 
AAAA. There is no overlap between the proposed Federal plan and the 
subpart AAAA NSPS--sources are not subject to both rules.

IX. Amendments to Subpart A of 40 CFR Part 62

    The EPA is amending part 62 to clarify that the part 60 general 
provisions apply to State and Federal plans. The part 60 general 
provisions apply to the emission guidelines; however, the emission 
guidelines are not implemented and enforced until a State or Federal 
plan is developed and codified in part 62. Because part 62 does not 
specifically state that the part 60 general provisions apply, EPA is 
amending part 62 to clarify that they apply to State and Federal plans.
    The general provisions of part 60 and its appendices contain 
important addresses, definitions, testing and monitoring requirements, 
and incorporations by reference. In addition, the general provisions 
allow owners or operators to apply to the Administrator for flexibility 
in demonstrating compliance. For example, owners and operators may 
apply to the Administrator for approval of alternative or equivalent 
test methods, alternative reporting, or alternative monitoring 
requirements. The amendment to part 62 contained in this rulemaking 
also clarifies that the part 60 general provisions apply except where 
special provisions set forth under an applicable subpart of part 62 
supersede any conflicting provisions.

X. Administrative Requirements

    This section addresses the following administrative requirements: 
Federalism; Consultation and Coordination with Indian Tribal 
Governments; Protection of Children from Environmental Health Risks and 
Safety Rules; Unfunded Mandates Reform Act; Regulatory Flexibility Act/
Small Business Regulatory Enforcement Fairness Act of 1996; Paperwork 
Reduction Act; and National Technology Transfer and Advancement Act. 
Many of these administrative requirements were addressed in the 
preamble to the small MWC emission guidelines (65 FR 76378). Since this 
proposed Federal plan would merely implement the emission guidelines 
promulgated on December 6, 2000, and does not impose any new 
requirements, many of the administrative requirements refer to the 
administrative requirements in the preamble to the small MWC emission 
guidelines.

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 result in 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 proposed Federal plan is not a ``significant regulatory 
action.'' The Federal plan proposed today is projected to have an 
impact of approximately $68 million annually (Docket No. A-98-18). 
Therefore, it has been determined that this proposed Federal plan is 
not a ``significant regulatory action'' under the terms of Executive 
Order 12866 and is therefore not subject to OMB review.

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'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under 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 proposed Federal plan 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. The States have the 
primary responsibility for negotiating compliance schedules and 
incorporating the emission limits into a State plan. Since sources are 
only covered by a Federal plan if an EPA approved and currently 
effective State plan is not in place, the Federal plan does not add 
substantial additional costs. Thus, the requirements of section 6 of 
the Executive Order do not apply to the proposed Federal plan.

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

[[Page 32495]]

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.''
    This proposed Federal plan 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 proposed Federal plan.

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 proposed Federal plan 
is not subject to Executive Order 13045 because it is not economically 
significant as defined in Executive Order 12866 and because 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), Pub. 
L. 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 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation 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 this Federal plan does 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 proposed Federal plan merely 
implements the small MWC emission guidelines and does not impose any 
new requirements. The Environmental Impact Assessment (EIA) for the 
small municipal waste combustor emission guidelines (Docket No. A-98-
18) shows that the total annual costs of the emission guidelines is 
about $68 million per year (in 1997 dollars), starting on the fifth 
year after the emission guidelines are promulgated. The proposed 
Federal plan will apply to only a small subset of the units considered 
in the EIA for the emission guidelines. Thus, this proposed Federal 
plan is not subject to the requirements of sections 202 and 205 of the 
UMRA. Although the emission guidelines were not subject to UMRA, EPA 
prepared a cost-benefit analysis under section 202 of the UMRA for the 
1995 emission guidelines. For a discussion of how EPA complied with the 
UMRA for the 1995 emission guidelines, including its extensive 
consultations with State and local governments, see the preamble to the 
1995 emission guidelines (60 FR 65405-65412, December 19, 1995). 
Because the emission guidelines are equivalent to the 1995 emission 
guidelines, no additional consultations were necessary during the 
reestablishment of emission guidelines for small MWC units.

F. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA)

    The Regulatory Flexibility Act (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 the emission guidelines on 
small entities, a small entity is defined as: (1) A small business in 
this 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 proposed Federal 
plan on small entities, I certify that this action will not have a 
significant economic impact on a substandard number of small entities. 
The EPA expects State plans to affect most small MWC units before the 
final small MWC Federal plan is promulgated. As State plans are 
submitted and become effective, the Federal plan no longer applies. 
Therefore, the impact of this proposed Federal plan is expected to be 
less than the impact identified in developing the small MWC emission 
guidelines.

[[Page 32496]]

    EPA's analysis indicates eight existing small MWC units (operated 
by one small business and seven small governments) would be subject to 
the emission guidelines. In the analysis for the MWC units that are 
considered small entities, EPA calculated compliance costs as a 
percentage of sales for business and a percentage of income (total 
household income) for governments. The average estimated annual 
compliance cost as a percentage of income is 0.03 percent for the seven 
small government entities and 39 percent for the one small business. 
Among the seven potentially affected government entities, the maximum 
compliance cost was 0.25 percent.
    Although this proposed Federal plan will not have a significant 
economic impact on a substantial number of small entities, EPA has 
tried to reduce the impact of the emission guidelines and this proposed 
Federal plan on small entities by establishing different requirements 
for Class I and Class II MWC units and establishing provisions for less 
frequent testing for small Class II units. In addition, EPA involved 
representatives of small entities in the development of the emission 
guidelines. For a summary of the actions that EPA took to involve small 
entities and their representatives in the development of the emission 
guidelines, refer to the discussion of the Unfunded Mandates Reform Act 
in section VIII.E above.

G. Paperwork Reduction Act

    The OMB has approved the information collection requirements in the 
emission guidelines under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq and has assigned OMB control number 2060-
0424.
    The information will be used to ensure that the small MWC unit 
Federal plan requirements are implemented properly and are complied 
with on a continuous basis. Records and reports are necessary to 
identify small MWC units that might not be in compliance with the small 
MWC unit Federal plan. Based on reported information, the implementing 
agency 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 whether personnel are 
operating and maintaining control equipment properly.
    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to the EPA for which a claim of confidentiality is made will 
be safeguarded according to EPA policies in 40 CFR part 2, subpart B, 
Confidentiality of Business Information.
    The emission guidelines are projected to affect approximately 90 
small MWC units located at 41 plants. The estimated average annual 
burden for industry for the first 3 years after implementation of the 
emission guidelines would be 1,297 person-hours annually. There will be 
no capital costs for monitoring or recordkeeping during the first 3 
years. The estimated average annual burden, over the first 3 years, for 
the implementing agency would be 773 hours with a cost of $30,869 
(including travel expenses) per year. The proposed Federal plan will 
apply to only a small subset of the units expected to be affected by 
the emission guidelines.
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. 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 requirments contained in this proposed Federal 
plan.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the Office of Management and Budget 
(OMB), with explanations when an agency does not use available and 
applicable voluntary consensus standards.
    This proposed Federal plan involves technical standards. The EPA 
proposes in this plan to use EPA Methods 1, 3, 3A, 5, 5D, 9, 10, 22, 
23, 26, 26A, 29, and Performance Specifications (PS) 1, 2, 3, and 4A. 
Consistent with the NTTAA, EPA conducted searches to identify voluntary 
consensus standards in addition to these EPA methods/performance 
specifications. No applicable voluntary consensus standards were 
identified for EPA Methods 9, 22, PS 3, and PS 4A. The search and 
review results have been documented and are placed in the docket No. A-
2000-39 for this proposed plan.
    Two voluntary consensus standards were identified as applicable and 
EPA proposes to use them in this plan. One voluntary consensus standard 
was identified as applicable to PS 1. The standard ASTM D6216 (1998), 
``Standard Practice for Opacity Monitor Manufacturers to Certify 
Conformance with Design and Performance Specifications,'' has been 
incorporated by reference into PS 1. The PS 1 rule was published in the 
Federal Register on August 10, 2000.
    Another voluntary consensus standard, ASTM D4536-96 ``Particulate 
(Matter) Modified High Volume,'' is being proposed as an alternative to 
the sampling equipment and procedures in Methods 5 or 17 in conducting 
emissions testing of positive pressure fabric filter control devices. 
The ASTM D4536-96 equipment and procedures would be used in conjunction 
with the sample traverse and calculations as described in Method 5D for 
this application. We invite comments on whether including this ASTM 
standard method is appropriate for this or other applications.
    Three voluntary consensus standards have already been incorporated 
by reference into Sec. 60.17. One consensus standard by the American 
Society of Mechanical Engineers (ASME) was identified for potential use 
in this plan for the measurement of MWC unit load level (steam output). 
The EPA believes this standard is practical to use in this plan as the 
method to measure MWC unit load. The EPA has already incorporated by 
reference (IBR) ``ASME Power Test Codes: Test Code for Steam Generating 
Units, Power Test Code

[[Page 32497]]

4.1--1964 (R1991)'' in 60.17 paragraph (h)(1), (h)(2), and (h)(3).
    A second consensus standard by ASME was identified for potential 
use in this plan for designing, constructing, installing, calibrating, 
and using nozzles and orifices. The EPA believes this standard is 
practical to use for the design, construction, installation, 
calibration, and use of nozzles and orifices. The EPA has already 
incorporated by reference (IBR) ``American Society of Mechanical 
Engineers Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th edition (1971)'' in 
Sec. 60.17 paragraph (h)(1), (h)(2), and (h)(3).
    A third consensus standard by ASME (QRO-1-1994) was identified for 
potential use for MWC plant operator certification requirements instead 
of developing new operator certification procedures. The EPA believes 
this 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 IBR (QRO-1-1994) in Sec. 60.17 paragraph (h)(1), 
(h)(2), and (h)(3).
    In addition to the voluntary consensus standards EPA proposes to 
use in this plan, this search for emission measurement procedures 
identified 21 other voluntary consensus standards. The EPA determined 
that 17 of these 21 standards were impractical alternatives to EPA test 
methods/performance specifications for the purposes of this proposed 
Federal plan. Therefore, EPA does not propose to adopt these standards 
today. The reasons for this determination for the 17 methods are 
discussed below.
    The European standard EN 1911-1,2,3 (1998), ``Stationary Source 
Emissions-Manual Method of Determination of HCl--Part 1: Sampling of 
Gases Ratified European Text--Part 2: Gaseous Compounds Absorption 
Ratified European Text--Part 3: Adsorption Solutions Analysis and 
Calculation Ratified European Text,'' is impractical as an alternative 
to EPA Methods 26 and 26A. Part 3 of this standard cannot be considered 
equivalent to EPA Method 26 or 26A because the sample absorbing 
solution (water) would be expected to capture both HCl and chlorine 
gas, if present, without the ability to distinguish between the two. 
The EPA Methods 26 and 26A use an acidified absorbing solution to first 
separate HCl and chlorine gas so that they can be selectively absorbed, 
analyzed, and reported separately. In addition, in EN 1911 the 
absorption efficiency for chlorine gas would be expected to vary as the 
pH of the water changed during sampling.
    Three standards: ASTM D4358-94 (1999), ``Standard Test Method for 
Lead and Chromium in Air Particulate Filter Samples of Lead Chromate 
Type Pigment Dusts by Atomic Absorption Spectroscopy;'' ASTM E1741-95 
(1995), ``Standard Practice for Preparation of Airborne Particulate 
Lead Samples Collected During Abatement and Construction Activities for 
Subsequent Analysis by Atomic Spectrometry;'' and ASTM E1979-98 (1998), 
``Standard Practice for Ultrasonic Extraction of Paint, Dust, Soil, and 
Air Samples for Subsequent Determination of Lead,'' are impractical as 
alternatives to EPA Methods 12 and 29 in this proposed Federal plan. 
These ASTM standards do not require the use of glass fiber filters as 
in EPA Method 12 and require the use of significantly different 
digestion procedures that appear to be more mild than the EPA Method 12 
digestion procedure. For these reasons, these ASTM standards cannot be 
considered equivalent to EPA Method 12. Also, the subject ASTM 
standards do not require the use of hydrogen fluoride (HF) as in EPA 
Method 29 and, therefore, they cannot be used for the preparation, 
digestion, and analysis of Method 29 samples. Additionally, Method 29 
requires the use of a glass fiber filter, whereas these three ASTM 
standards require cellulose filters and other probable nonglass fiber 
media which cannot be considered equivalent to EPA Method 29.
    The following nine methods are impractical alternatives to EPA test 
methods/performance specifications for the purposes of this plan 
because they are too general, too broad, or not sufficiently detailed 
to assure compliance with EPA regulatory requirements: ASTM D3154-91 
(1995), ``Standard Method for Average Velocity in a Duct (Pitot Tube 
Method),'' for EPA Methods 1, 2, 3B, and 4; ASME C00031 or PTC 19-10-
1981--Part 10, ``Flue and Exhaust Gas Analyses,'' for EPA Method 3; 
ASTM D5835-95, ``Standard Practice for Sampling Stationary Source 
Emissions, for Automated Determination of Gas Concentration,'' for EPA 
Method 3A; ISO 10396:1993, ``Stationary Source Emissions: Sampling for 
the Automated Determination of Gas Concentrations,'' for EPA Method 3A; 
CAN/CSA Z223.2-M86(1986), ``Method for the Continuous Measurement of 
Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of 
Nitrogen in Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A; 
CAN/CSA Z223.21-M1978, ``Method for the Measurement of Carbon Monoxide: 
3--Method of Analysis by Non-Dispersive Infrared Spectrometry,'' for 
EPA Methods 10 and 10A; European Committee for Standardization (CEN) EN 
1948-3 (1997), ``Determination of the Mass Concentration of PCDD'S/
PCDF'S--Part 3: Identification and Quantification,'' for EPA Method 23; 
ISO 7935:1992, ``Stationary Source Emissions--Determination of the Mass 
Concentration of Sulfur Dioxide--Performance Characteristics of 
Automated Measuring Methods,'' for EPA Performance Specification 2 
(sulfur dioxide portion only); and ISO 10849:1996, ``Determination of 
the Mass Concentration of Nitrogen Oxides--Performance Characteristics 
of Automated Measuring Systems,'' for EPA Performance Specification 2 
(nitrogen oxide portion only).
    The following four methods are impractical alternatives to EPA test 
methods for the purposes of this plan because they lack sufficient 
quality assurance and quality control requirements necessary for EPA 
compliance assurance requirements: ASME PTC-38-80 R85 or C00049, 
``Determination of the Concentration of Particulate Matter in Gas 
Streams,'' for EPA Method 5; ASTM D3685/D3685M-98, ``Test Methods for 
Sampling and Determination of Particulate Matter in Stack Gases,'' for 
EPA Method 5; ISO 9096:1992, ``Determination of Concentration and Mass 
Flow Rate of Particulate Matter in Gas Carrying Ducts--Manual 
Gravimetric Method,'' for EPA Method 5; and CAN/CSA Z223.26-M1987, 
``Measurement of Total Mercury in Air Cold Vapour Atomic Absorption 
Spectrophotometeric Method,'' for EPA Method 29.
    The following four of the 21 voluntary consensus standards 
identified in this search were not available at the time the review was 
conducted for the purposes of this proposed plan because they are under 
development by a voluntary consensus body: ASME/BSR MFC 13M, ``Flow 
Measurement by Velocity Traverse,'' for EPA Method 1 (and possibly 2); 
ISO/DIS 12039, ``Stationary Source Emissions--Determination of Carbon 
Monoxide, Carbon Dioxide, and Oxygen--Automated Methods,'' for EPA 
Method 3A; PREN 13211 (1998), ``Air Quality--Stationary Source 
Emissions--Determination of the Concentration of Total Mercury,'' for 
EPA Methods 101, 101A, 29 (portion for mercury only); and ASTM Z6590Z, 
``Manual Method for Both Speciated and Elemental Mercury,'' for EPA 
Methods 101A and 29 (portion for mercury only). While we are not 
proposing to include these four voluntary consensus standards in

[[Page 32498]]

today's proposal, the EPA will consider the standards when final.
    The EPA takes comment on the compliance demonstration requirements 
proposed in this Federal plan and specifically invites the public to 
identify potentially-applicable voluntary consensus standards. 
Commenters should also explain why this plan should adopt these 
voluntary consensus standards in lieu of or in addition to EPA's 
standards. Emission test methods and performance specifications 
submitted for evaluation should be accompanied with a basis for the 
recommendation, including method validation data and the procedure used 
to validate the candidate method (if a method other than Method 301, 40 
CFR part 63, Appendix A was used).
    Tables 6, 7, and 8 of Subpart JJJ list the EPA testing methods/
performance specifications included in the emission Federal Plan 
Requirements for Small Waste Combustion Units. Under Sec. 63.8(f) of 
subpart A of the General Provisions, a source may apply to EPA for 
permission to use alternative monitoring in place of any of the EPA 
testing methods/performance specifications.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations.

40 CFR Part 62

    Environmental protection, Air pollution control, Municipal waste 
combustion.

    Dated: June 5, 2001.
Christine Todd Whitman,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be 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.

    2. Section 60.17 is amended by revising paragraphs (h)(1) through 
(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), 62.15130(a), 62.15130(c)(2) of this 
chapter.
    (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), 
62.15265(a)(3) of this chapter.
    (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), 62.15265(a)(4) of this 
chapter.

PART 62--[AMENDED]

    3. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    4. Amend Sec. 62.02 by revising paragraph (b) to read as follows:


Sec. 62.02  Introduction.

* * * * *
    (b)(1) If a State does not submit a complete, approvable plan, the 
Administrator may then promulgate a substitute plan or part of a plan. 
The promulgated provision, plus the approved parts of the State plan, 
constitute the applicable plan for purposes of the act.
    (2) The part 60 subpart A of this chapter general provisions and 
appendices to part 60 apply to part 62, except as follows: 40 CFR 
60.7(a)(1), 60.7(a)(3), and 60.8(a) and where special provisions set 
forth under the applicable subpart of this part shall apply instead of 
any conflicting provisions.
* * * * *
    5. Amend Sec. 62.13 by adding paragraphs (d) and (e) to read as 
follows:


Sec. 62.13  Federal plans.

* * * * *
    (d) Commercial and industrial solid waste incineration units 
Federal plan. [Reserved]
    (e) The substantive requirements of the small municipal waste 
combustion unit Federal plan are contained in subpart JJJ of this part. 
These requirements include emission limits, compliance schedules, 
testing, monitoring, and reporting and recordkeeping requirements.
    6. Amend part 62 by adding subpart JJJ to read as follows:
Subpart JJJ--Federal Plan Requirements for Small Municipal Waste 
Combustion Units Constructed on or Before August 30, 1999

Introduction

Sec.
62.15000   What is the purpose of this subpart?
62.15005   What are the principal components of this subpart?

Applicability of this Subpart

62.15010   Is my municipal waste combustion unit covered by this 
subpart?
62.15015   Can my small municipal waste combustion unit be covered 
by both a State plan and this subpart?
62.15020   Can my small municipal waste combustion unit be exempt 
from this subpart?
62.15025   How do I determine if my small municipal waste combustion 
unit is covered by an approved and currently effective State or 
Tribal plan?
62.15030   What are my obligations under this subpart if I reduce my 
small municipal waste combustion unit's combustion capacity to less 
than 35 tons per day?
62.15035   Is my small municipal waste combustion unit subject to 
different requirements based on plant capacity?

Compliance Schedule and Increments of Progress

62.15040   What are the requirements for meeting increments of 
progress and achieving final compliance?
62.15045   When must I complete each increment of progress?
62.15050   What must I include in the notifications of achievement 
of my increments of progress?
62.15055   When must I submit the notifications of achievement of 
increments of progress?
62.15060   What if I do not meet an increment of progress?
62.15065   How do I comply with the increment of progress for 
submittal of a final control plan?
62.15070   How do I comply with the increment of progress for 
awarding contracts?
62.15075   How do I comply with the increment of progress for 
initiating onsite construction?
62.15080   How do I comply with the increment of progress for 
completing onsite construction?
62.15085   How do I comply with the increment of progress for 
achieving final compliance?
62.15090   What must I do if I close my municipal waste combustion 
unit and then restart my municipal waste combustion unit?
62.15095   What must I do if I plan to permanently close my 
municipal waste combustion unit and not restart it?

Good Combustion Practices: Operator Training

62.15100   What types of training must I do?
62.15105   Who must complete the operator training course? By when?
62.15110   Who must complete the plant-specific training course?
62.15115   What plant-specific training must I provide?
62.15120   What information must I include in the plant-specific 
operating manual?
62.15125   Where must I keep the plant-specific operating manual?

[[Page 32499]]

Good Combustion Practices: Operator Certification

62.15130   What types of operator certification must the chief 
facility operator and shift supervisor obtain and by when must they 
obtain it?
62.15135   After the required date for operator certification, who 
may operate the municipal waste combustion unit?
62.15140   What if all the certified operators must be temporarily 
offsite?

Good Combustion Practices: Operating Requirements

62.15145   What are the operating practice requirements for my 
municipal waste combustion unit?
62.15150   What happens to the operating requirements during periods 
of startup, shutdown, and malfunction?

Emission Limits

62.15155   What pollutants are regulated by this subpart?
62.15160   What emission limits must I meet?
62.15165   What happens to the emission limits during periods of 
startup, shutdown, and malfunction?

Continuous Emission Monitoring

62.15170   What types of continuous emission monitoring must I 
perform?
62.15175   What continuous emission monitoring systems must I 
install for gaseous pollutants?
62.15180   How are the data from the continuous emission monitoring 
systems used?
62.15185   How do I make sure my continuous emission monitoring 
systems are operating correctly?
62.15190   Am I exempt from any 40 CFR Part 60 appendix B or 
appendix F requirements to evaluate continuous emission monitoring 
systems?
62.15195   What is my schedule for evaluating continuous emission 
monitoring systems?
62.15200   What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?
62.15205   What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems and is this 
requirement enforceable?
62.15210   How do I convert my 1-hour arithmetic averages into 
appropriate averaging times and units?
62.15215   What is required for my continuous opacity monitoring 
system and how are the data used?
62.15220   What additional requirements must I meet for the 
operation of my continuous emission monitoring systems and 
continuous opacity monitoring system?
62.15225   What must I do if my continuous emission monitoring 
system is temporarily unavailable to meet the data collection 
requirements?

Stack Testing

62.15230   What types of stack tests must I conduct?
62.15235   How are the stack test data used?
62.15240   What schedule must I follow for the stack testing?
62.15245   What test methods must I use to stack test?
62.15250   May I conduct stack testing less often?
62.15255   May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

Other Monitoring Requirements

62.15260   Must I meet other requirements for continuous monitoring?
62.15265   How do I monitor the load of my municipal waste 
combustion unit?
62.15270   How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?
62.15275   How do I monitor the injection rate of activated carbon?
62.15280   What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is this 
requirement enforceable?

Recordkeeping

62.15285   What records must I keep?
62.15290   Where must I keep my records and for how long?
62.15295   What records must I keep for operator training and 
certification?
62.15300   What records must I keep for stack tests?
62.15305   What records must I keep for continuously monitored 
pollutants or parameters?
62.15310   What records must I keep for municipal waste combustion 
units that use activated carbon?

Reporting

62.15315   What reports must I submit and in what form?
62.15320   What are the appropriate units of measurement for 
reporting my data?
62.15325   When must I submit the initial report?
62.15330   What must I include in the initial report?
62.15335   When must I submit the annual report?
62.15340   What must I include in the annual report?
62.15345   What must I do if I am out of compliance with these 
standards?
62.15350   If a semiannual report is required, when must I submit 
it?
62.15355   What must I include in the semiannual out-of-compliance 
reports?
62.15360   Can reporting dates be changed?

Air Curtain Incinerators That Burn 100 Percent Yard Waste

62.15365   What is an air curtain incinerator?
62.15370   What is yard waste?
62.15375   What are the emission limits for air curtain incinerators 
that burn 100 percent yard waste?
62.15380   How must I monitor opacity for air curtain incinerators 
that burn 100 percent yard waste?
62.15385   What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent yard waste?

Equations

62.15390   What equations must I use?

Title V Requirements

62.15395   Does this subpart require me to obtain an operating 
permit under title V of the Clean Air Act?
62.15400   When must I submit a title V permit application for my 
existing small MWC unit?

Delegation of Authority

62.15405   What authorities are retained by the Administrator?

Definitions

62.15410   What definitions must I know?

Tables

Table 1 of Subpart JJJ--Generic Compliance Schedules and Increments of 
Progress
Table 2 of Subpart JJJ--Class I Emission Limits For Existing Small 
Municipal Waste Combustion Units
Table 3 of Subpart JJJ--Class I Nitrogen Oxides Emission Limits For 
Existing Small Municipal Waste Combustion Units
Table 4 of Subpart JJJ--Class II Emission Limits For Existing Small 
Municipal Waste Combustion Units
Table 5 of Subpart JJJ--Carbon Monoxide Emission Limits For Existing 
Small Municipal Waste Combustion Units
Table 6 of Subpart JJJ--Requirements for Validating Continuous Emission 
Monitoring Systems (CEMS)
Table 7 of Subpart JJJ--Requirements for Continuous Emission Monitoring 
Systems (CEMS)
Table 8 of Subpart JJJ--Requirements for Stack Tests
Table 9 of Subpart JJJ--Site-specific Compliance Schedules and 
Increments of Progress

Subpart JJJ--Federal Plan Requirements for Small Municipal Waste 
Combustion Units Constructed on or Before August 30, 1999

Introduction


Sec. 62.15000  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from existing small municipal 
waste combustion units that are not covered by an EPA approved and 
currently effective State plan. The pollutants addressed by these 
emission requirements are listed in tables 2, 3, 4, and 5 of this 
subpart. These emission requirements are developed in accordance with 
sections 111(d) and 129 of the Clean Air Act and subpart B of 40 CFR 
part 60.

[[Page 32500]]

    (b) In this subpart, you means the owner or operator of a small 
municipal waste combustion unit.


Sec. 62.15005  What are the principal components of this subpart?

    This subpart contains five major components:
    (a) Increments of progress toward compliance.
    (b) Good combustion practices.
    (1) Operator training.
    (2) Operator certification.
    (3) Operating requirements.
    (c) Emission limits.
    (d) Monitoring and stack testing.
    (e) Recordkeeping and reporting.

Applicability of This Subpart


Sec. 62.15010  Is my municipal waste combustion unit covered by this 
subpart?

    (a) This subpart applies to your small municipal waste combustion 
unit if the unit meets the criteria in paragraphs (a)(1) and (a)(2) and 
the criteria in either paragraph (a)(3) or (a)(4) of this section:
    (1) Your municipal waste combustion unit has the capacity to 
combust at least 35 tons per day of municipal solid waste or refuse-
derived fuel but no more than 250 tons per day of municipal solid waste 
or refuse-derived fuel.
    (2) Your municipal waste combustion unit commenced construction on 
or before August 30, 1999.
    (3) Your municipal waste combustion unit is not regulated by an EPA 
approved and currently effective State or Tribal plan.
    (4) Your municipal waste combustion unit is located in any State 
whose approved State plan is subsequently vacated in whole or in part, 
or the municipal waste combustion unit is located in Indian country if 
the approved Tribal plan for that area is subsequently vacated in whole 
or in part.
    (b) If you make a change to your municipal waste combustion unit 
that meets the definition of modification or reconstruction after June 
6, 2001, your municipal waste combustion unit becomes subject to 
subpart AAAA of 40 CFR part 60 (New Source Performance Standards for 
Small Municipal Waste Combustion Units) and this subpart no longer 
applies to your unit.
    (c) If you make physical or operational changes to your existing 
municipal waste combustion unit primarily to comply with this subpart, 
then subpart AAAA of 40 CFR part 60 (New Source Performance Standards 
for Small Municipal Waste Combustion Units) does not apply to your 
unit. Such changes do not constitute modifications or reconstructions 
under subpart AAAA of 40 CFR part 60.
    (d) Upon approval of the State or Tribal plan, this subpart will no 
longer apply, except for the provisions of this subpart that may have 
been incorporated by reference under the State or Tribal plan, or 
delegated to the State by the Administrator.


Sec. 62.15015  Can my small municipal waste combustion unit be covered 
by both a State plan and this subpart?

    (a) If your municipal waste combustion unit is located in a State 
that has a State plan that has not been approved by the EPA or has not 
become effective, then this subpart applies and the State plan would 
not apply to your municipal waste combustion unit. However, the State 
could enforce the requirements of a State regulation while your 
municipal waste combustion unit is still subject to this subpart.
    (b) After the State plan is approved by the EPA and becomes 
effective, your municipal waste combustion unit is no longer subject to 
this subpart and will only be subject to the approved and effective 
State plan.


Sec. 62.15020  Can my small municipal waste combustion unit be exempt 
from this subpart?

    (a) Small municipal waste combustion units that combust less than 
11 tons per day. Your unit is exempt from this subpart if four 
requirements are met:
    (1) Your municipal waste combustion unit is subject to a federally 
enforceable permit limiting municipal solid waste combustion to less 
than 11 tons per day.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You submit to the Administrator a copy of the federally 
enforceable permit.
    (4) You keep daily records of the amount of municipal solid waste 
combusted.
    (b) Small power production units. Your unit is exempt from this 
subpart if four requirements are met:
    (1) Your unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You submit to the Administrator documentation that the unit 
qualifies for this exemption.
    (c) Cogeneration units. Your unit is exempt from this subpart if 
four requirements are met:
    (1) Your unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You submit to the Administrator documentation that the unit 
qualifies for this exemption.
    (d) Municipal waste combustion units that combust only tires. Your 
unit is exempt from this subpart if three requirements are met:
    (1) Your municipal waste combustion unit combusts a single-item 
waste stream of tires and no other municipal waste (the unit can cofire 
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator documentation that the unit 
qualifies for this exemption.
    (e) Hazardous waste combustion units. Your unit is exempt from this 
subpart if the unit has received a permit under section 3005 of the 
Solid Waste Disposal Act.
    (f) Materials recovery units. Your unit is exempt from this subpart 
if the unit combusts waste mainly to recover metals. Primary and 
secondary smelters may qualify for this exemption.
    (g) Cofired units. Your unit is exempt from this subpart if four 
requirements are met:
    (1) Your unit has a federally enforceable permit limiting municipal 
solid waste combustion to 30 percent of the total fuel input by weight.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You record the weights, each quarter, of municipal solid waste 
and of all other fuels combusted.
    (h) Plastics/rubber recycling units. Your unit is exempt from this 
subpart if four requirements are met:
    (1) Your pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' 
(Sec. 62.15405).
    (2) You record the weight, each quarter, of plastics, rubber, and 
rubber tires processed.
    (3) You record the weight, 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 the feed 
stocks.
    (i) Units that combust fuels made from products of plastics/rubber

[[Page 32501]]

recycling plants. Your unit is exempt from this subpart if two 
requirements are met:
    (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 feed stocks produced by plastics/rubber recycling units.
    (2) Your unit does not combust any other municipal solid waste.
    (j) Cement kilns. Your unit is exempt from this subpart if your 
cement kiln combusts municipal solid waste.
    (k) Air curtain incinerators. If your air curtain incinerator (see 
Sec. 62.15405 for definition) combusts 100 percent yard waste, then you 
must meet only the requirements under ``Air Curtain Incinerators That 
Burn 100 Percent Yard Waste'' (Secs. 62.15365 through 62.15385).


Sec. 62.15025  How do I determine if my small municipal waste 
combustion unit is covered by an approved and currently effective State 
or Tribal Plan?

    This part (40 CFR part 62) contains a list of all States and Tribal 
areas with approved Clean Air Act section 111(d) and section 129 plans 
in effect. However, this part is only updated once per year. Thus, if 
this part does not indicate that your State or Tribal area has an 
approved and effective plan, you should contact your State 
environmental agency's air director or your EPA Regional Office to 
determine if approval has occurred since publication of the most recent 
version of this part.


Sec. 62.15030  What are my obligations under this subpart if I reduce 
my small municipal waste combustion unit's combustion capacity to less 
than 35 tons per day?

    If you reduce your small municipal waste combustion unit's 
combustion capacity to less than 35 tons per day by the final 
compliance date, you must comply only with the following requirements:
    (a) You must submit a final control plan according to the schedule 
in table 1 of this subpart and comply with Sec. 62.15065(b).
    (b) The final control plan must, at a minimum, include two items:
    (1) A description of the physical changes that will be made to 
accomplish the reduction in combustion capacity. A permit restriction 
or a change in the method of operation does not qualify as a reduction 
in combustion capacity.
    (2) Calculations of the current maximum combustion capacity and the 
planned maximum combustion capacity after the reduction. Use the 
equations specified under Sec. 62.15390(d) and (e) to calculate the 
combustion capacity of a municipal waste combustion unit.
    (c) You must complete the physical changes to accomplish the 
reduction in combustion capacity by the final compliance date specified 
in table 1 of this subpart.
    (d) If you comply with all of the requirements specified in 
paragraphs (a),(b), and (c) of this section, you are no longer subject 
to this subpart.
    (e) You must comply with the requirements specified in 
Sec. 62.15395 and Sec. 62.15400 regarding title V permitting. If you 
comply with all of the requirements specified in paragraphs (a), (b), 
and (c) of this section, you are no longer subject to title V 
permitting requirements as a result of this subpart. You will remain 
subject to title V permitting requirements, however, if you are subject 
as a result of one or more of the applicability criteria in 40 CFR 
70.3(a) and (b) or 71.3(a) and (b).


Sec. 62.15035  Is my small municipal waste combustion unit subject to 
different requirements based on plant capacity?

    This subpart specifies different requirements for different 
subcategories of municipal waste combustion units. These two 
subcategories are based on aggregate capacity of the municipal waste 
combustion plant as defined in paragraphs (a) and (b) of this section.
    (a) Class I units. These are small municipal waste combustion units 
that are located at municipal waste combustion plants with aggregate 
plant combustion capacity greater than 250 tons per day of municipal 
solid waste. (See the definition of municipal waste combustion plant 
capacity in Sec. 62.15410 for specification of which units at a plant 
are included in the aggregate capacity calculation.)
    (b) Class II units. These are small municipal waste combustion 
units that are located at municipal waste combustion plants with 
aggregate plant combustion capacity of no more than 250 tons per day of 
municipal solid waste. (See the definition of municipal waste 
combustion plant capacity in Sec. 62.15410 for specification of which 
units at a plant are included in the aggregate capacity calculation.)

Compliance Schedule and Increments of Progress


Sec. 62.15040  What are the requirements for meeting increments of 
progress and achieving final compliance?

    (a) Class I units. If you plan to achieve compliance more than 1 
year following the effective date of this subpart and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet five increments of progress:
    (1) Submit a final control plan.
    (2) Submit a notification of retrofit contract award.
    (3) Initiate onsite construction.
    (4) Complete onsite construction.
    (5) Achieve final compliance.
    (b) Class II units. If you plan to achieve compliance more than 1 
year following the effective date of this subpart and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet two increments of progress:
    (1) Submit a final control plan.
    (2) Achieve final compliance.


Sec. 62.15045  When must I complete each increment of progress?

    (a) You must complete each increment of progress according to the 
compliance schedule in table 1 of this subpart for Class I and II 
units. If your Class I or Class II unit is listed in table 9 of this 
subpart, then you must complete each increment of progress according to 
the schedule in table 9 of this subpart. (See Sec. 62.15410 for 
definitions of classes.)
    (b) For Class I units (see definition in Sec. 62.15410) that must 
meet the five increments of progress, you must submit dioxins/furans 
stack test results for at least one test conducted during or after 
1990. The stack tests must have been conducted according to the 
procedures specified under Sec. 62.15245 and you must submit the stack 
test results when the final control plan is due for your Class I MWC 
unit according to the schedule in table 1 or table 9 of this subpart.


Sec. 62.15050  What must I include in the notifications of achievement 
of my increments of progress?

    Your notification of achievement of increments of progress must 
include three items:
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with the increment of 
progress (Secs. 62.15065 through 62.15085).
    (c) The notification must be signed by the owner or operator of the 
municipal waste combustion unit.


Sec. 62.15055  When must I submit the notifications of achievement of 
increments of progress?

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

[[Page 32502]]

Sec. 62.15060  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the specified date in table 1 of this subpart for achieving that 
increment of progress. This notification must inform the Administrator 
that you did not meet the increment. You must include in the 
notification an explanation of why the increment of progress was not 
met and your plan for meeting the increment as expeditiously as 
possible. You must continue to submit reports each subsequent month 
until the increment of progress is met.


Sec. 62.15065  How do I comply with the increment of progress for 
submittal of a final control plan?

    For your final control plan increment of progress, you must 
complete two items:
    (a) Submit the final control plan describing the devices for air 
pollution control and process changes that you will use to comply with 
the emission limits and other requirements of this subpart. If you plan 
to reduce your small municipal waste combustion unit's combustion 
capacity to less than 35 tons per day by the final compliance date see 
Sec. 62.15030.
    (b) You must maintain an onsite copy of the final control plan.


Sec. 62.15070  How do I comply with the increment of progress for 
awarding contracts?

    You must submit a signed copy of the contracts awarded to initiate 
onsite construction, initiate onsite installation of emission control 
equipment, and incorporate process changes. Submit the copy of the 
contracts with the notification that this increment of progress has 
been achieved. You do not need to include documents incorporated by 
reference or the attachments to the contracts.


Sec. 62.15075  How do I comply with the increment of progress for 
initiating onsite construction?

    You must initiate onsite construction and installation of emission 
control equipment and initiate the process changes outlined in the 
final control plan.


Sec. 62.15080  How do I comply with the increment of progress for 
completing onsite construction?

    You must complete onsite construction and installation of emission 
control equipment and complete process changes outlined in the final 
control plan.


Sec. 62.15085  How do I comply with the increment of progress for 
achieving final compliance?

    For the final compliance increment of progress, you must complete 
two items:
    (a) Complete all process changes and complete retrofit construction 
as specified in the final control plan.
    (b) Connect the air pollution control equipment with the municipal 
waste combustion unit identified in the final control plan and complete 
process changes to the municipal waste combustion unit so that if the 
affected municipal waste combustion unit is brought online, all 
necessary process changes and air pollution control equipment are 
operating as designed.


Sec. 62.15090  What must I do if I close my municipal waste combustion 
unit and then restart my municipal waste combustion unit?

    (a) If you close your municipal waste combustion unit but will 
reopen it prior to the applicable final compliance date in table 1 of 
this subpart, you must meet the increments of progress specified in 
Sec. 62.15040.
    (b) If you close your municipal waste combustion unit but restart 
it after the applicable final compliance date in table 1 of this 
subpart, you must complete the emission control retrofit and meet the 
emission limits and good combustion practices on the date your 
municipal waste combustion unit restarts operation.


Sec. 62.15095  What must I do if I plan to permanently close my 
municipal waste combustion unit and not restart it?

    (a) If you plan to close your municipal waste combustion unit 
rather than comply with this subpart, you must submit a closure 
notification, including the date of closure, to the Administrator by 
the date your final control plan is due.
    (b) If the closure date is later than 1 year after the effective 
date of this subpart, you must enter into a legally binding closure 
agreement with the Administrator by the date your final control plan is 
due. The agreement must include two items.
    (1) The date by which operation will cease. The closure date can be 
no later than the applicable final compliance date in table 1 of this 
subpart.
    (2) For Class I units only, dioxins/furans stack test results for 
at least one test conducted during or after 1990. The stack tests must 
have been conducted according to the procedures specified under 
Sec. 62.15245.

Good Combustion Practices: Operator Training


Sec. 62.15100  What types of training must I do?

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


Sec. 62.15105  Who must complete the operator training course? By when?

    (a) Three types of employees must complete the EPA or State-
approved operator training course:
    (1) Chief facility operators.
    (2) Shift supervisors.
    (3) Control room operators.
    (b) These employees must complete the operator training course by 
the later of three dates:
    (1) One year after the effective date of this subpart.
    (2) Six months after your municipal waste combustion unit starts 
up.
    (3) The date before an employee assumes responsibilities that 
affect operation of the municipal waste combustion unit.
    (c) The requirement in paragraph (a) of this section does not apply 
to chief facility operators, shift supervisors, and control room 
operators who have obtained full certification from the American 
Society of Mechanical Engineers on or before the effective date of this 
subpart.
    (d) You may request that the EPA Administrator waive the 
requirement in paragraph (a) of this section for chief facility 
operators, shift supervisors, and control room operators who have 
obtained provisional certification from the American Society of 
Mechanical Engineers on or before the effective date of this subpart.


Sec. 62.15110  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. 62.15115  What plant-specific training must I provide?

    For plant-specific training, you must do four things:

[[Page 32503]]

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


Sec. 62.15120  What information must I include in the plant-specific 
operating manual?

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


Sec. 62.15125  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. 62.15130  What types of operator certification must the chief 
facility operator and shift supervisor obtain and by when must they 
obtain it?

    (a) Each chief facility operator and shift supervisor must obtain 
and keep a current provisional operator certification from the American 
Society of Mechanical Engineers (QRO-1-1994 (incorporated by reference 
in Sec. 60.17 of subpart A of 40 CFR part 60)) or a current provisional 
operator certification from your State certification program.
    (b) Each chief facility operator and shift supervisor must obtain a 
provisional certification by the later of three dates:
    (1) For Class I units, 12 months after the effective date of this 
subpart. For Class II units, 18 months after the effective date of this 
subpart.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of three actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers or a State certification program in your State.
    (2) Schedule a full certification exam with the American Society of 
Mechanical Engineers (QRO-1-1994 (incorporated by reference in 
Sec. 60.17 of subpart A of 40 CFR part 60)).
    (3) Schedule a full certification exam with your State 
certification program.
    (d) The chief facility operator and shift supervisor must obtain 
the full certification or be scheduled to take the certification exam 
by the later of the following dates:
    (1) For Class I units, 12 months after the effective date of this 
subpart. For Class II units, 18 months after the effective date of this 
subpart.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.


Sec. 62.15135  After the required date for operator certification, who 
may operate the municipal waste combustion unit?

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


Sec. 62.15140  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 is 
away, you must meet one of three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for 12 hours or less and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator.
    (b) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, the provisionally certified 
control room operator may perform those duties without notice to, or 
approval by, the Administrator. However, you must record the periods 
when the certified chief facility operator and certified shift 
supervisor are offsite and include this information in the annual 
report as specified under Sec. 62.15340(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

[[Page 32504]]

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. 62.15145  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. 62.15410).
    (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. 62.15410).
    (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 the appropriate equation in Sec. 62.15390.
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator 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. 62.15150  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. 62.15155  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. 62.15160  What emission limits must I meet?

    (a) After the date the initial stack test and continuous emission 
monitoring system evaluation are required or completed (whichever is 
earlier), you must meet the applicable emission limits specified in the 
four tables of this section:
    (1) For Class I units, see tables 2 and 3 of this subpart.
    (2) For Class II units, see table 4 of this subpart.
    (3) For carbon monoxide emission limits for both classes of units, 
see table 5 of this subpart.
    (b) If your Class I municipal waste combustion unit began 
construction, reconstruction, or modification after June 26, 1987, then 
you must comply with the dioxins/furans and mercury emission limits 
specified in table 2 of this subpart as applicable by the later of the 
following two dates:
    (1) One year after the effective date of this subpart.
    (2) One year after the issuance of a revised construction or 
operating permit, if a permit modification is required. Final 
compliance with the dioxins/furans limits must be achieved no later 
than November 6, 2005, even if the date one year after the issuance of 
a revised construction or operating permit is later than November 6, 
2005.


Sec. 62.15165  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) of subpart A of 40 CFR part 60 
apply.

Continuous Emission Monitoring


Sec. 62.15170  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. 62.15175  What continuous emission monitoring systems must I 
install for gaseous pollutants?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, also install, calibrate, maintain, and operate a 
continuous emission monitoring system for nitrogen oxides. Install the 
continuous emission monitoring system for sulfur dioxide, 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 of subpart A of 40 CFR part 60.
    (c) You must monitor the oxygen (or carbon dioxide) concentration 
at each

[[Page 32505]]

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. 62.15200.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install a continuous 
emission monitoring system for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.
    (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) of subpart A of 40 
CFR part 60.


Sec. 62.15180  How are the data from the continuous emission monitoring 
systems used?

    You must use data from the continuous emission monitoring systems 
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate 
continuous compliance with the applicable emission limits specified in 
tables 2, 3, 4, and 5 of this subpart. To demonstrate compliance for 
dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, 
hydrogen chloride, and fugitive ash, see Sec. 62.15235.


Sec. 62.15185  How do I make sure my continuous emission monitoring 
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure oxygen (or 
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal 
waste combustion units only), and carbon monoxide.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 180 days after your final compliance date.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide) 
continuous emission monitoring system, your sulfur dioxide, nitrogen 
oxides, or carbon monoxide continuous emission monitoring systems, as 
appropriate, and the appropriate test methods specified in table 6 of 
this subpart. Collect these data during each initial and annual 
evaluation of your continuous emission monitoring systems following the 
applicable performance specifications in appendix B of 40 CFR part 60. 
Table 7 of this subpart shows the performance specifications that apply 
to each continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of 40 CFR part 60 for each continuous emission monitoring 
system. These procedures include daily calibration drift and quarterly 
accuracy determinations.


Sec. 62.15190  Am I exempt from any 40 CFR part 60 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 40 
CFR part 60 (relative accuracy requirement).
    (b) Section 5.1.1 of appendix F of 40 CFR part 60 (relative 
accuracy test audit).


Sec. 62.15195  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 40 CFR part 60.


Sec. 62.15200  What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?

    You must establish the relationship between oxygen and carbon 
dioxide during the initial evaluation of your continuous emission 
monitoring system. You may reestablish the relationship during annual 
evaluations. To establish the relationship use three procedures:
    (a) Use EPA Reference Method 3A or 3B in Appendix A of 40 CFR part 
60 to determine oxygen concentration at the location of your carbon 
dioxide monitor.
    (b) Conduct at least three test runs for oxygen. Make sure each 
test run represents a 1-hour average and that sampling continues for at 
least 30 minutes in each hour.
    (c) Use the fuel-factor equation in EPA Reference Method 3B to 
determine the relationship between oxygen and carbon dioxide.


Sec. 62.15205  What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems and is this 
requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for sulfur 
dioxide, nitrogen oxides (Class I municipal waste combustion units 
only), and carbon monoxide are in parts per million by dry volume at 7 
percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour 
averages of oxygen (or carbon dioxide) data from your continuous 
emission monitoring system to determine the actual oxygen (or carbon 
dioxide) level and to calculate emissions at 7 percent oxygen (or the 
equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average. Section 60.13(e)(2) of subpart A of 
40 CFR part 60 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 this data 
collection requirement regardless of the emission level monitored, and 
you must notify the Administrator according to Sec. 62.15340(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. 62.15210.


Sec. 62.15210  How do I convert my 1-hour arithmetic averages into 
appropriate averaging times and units?

    (a) Use the equation in Sec. 62.15390(a) to calculate emissions at 
7 percent oxygen.
    (b) Use EPA Reference Method 19 in Appendix A of 40 CFR part 60, 
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

[[Page 32506]]

EPA Reference Method 19, section 5.4, to determine the daily geometric 
average percent reduction of potential sulfur dioxide emissions.
    (c) If you operate a Class I municipal waste combustion unit, use 
EPA Reference Method 19, section 4.1, to calculate the daily arithmetic 
average for concentrations of nitrogen oxides.
    (d) Use EPA Reference Method 19, section 4.1, to calculate the 4-
hour or 24-hour daily block averages (as applicable) for concentrations 
of carbon monoxide.


Sec. 62.15215  What is required for my continuous opacity monitoring 
system and how are the data used?

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec. 60.13 of subpart A 40 CFR part 60.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix 
B of 40 CFR part 60. Complete this evaluation by 180 days after your 
final compliance date.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 13 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9, as 
specified in Sec. 62.15245, to determine compliance with the applicable 
opacity limit in tables 2 or 4 of this subpart. The data obtained from 
your continuous opacity monitoring system are not used to determine 
compliance with the opacity limit.


Sec. 62.15220  What additional requirements must I meet for the 
operation of my continuous emission monitoring systems and continuous 
opacity monitoring system?

    Use the required span values and applicable performance 
specifications in table 8 of this subpart.


Sec. 62.15225  What must I do if my continuous emission monitoring 
system is temporarily unavailable to meet the data collection 
requirements?

    Refer to table 8 of this subpart. It shows alternate methods for 
collecting data when these systems malfunction or when repairs, 
calibration checks, or zero and span checks keep you from collecting 
the minimum amount of data.

Stack Testing


Sec. 62.15230  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. 62.15235  How are the stack test data used?

    You must use results of stack tests for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, hydrogen chloride, and 
fugitive ash to demonstrate compliance with the applicable emission 
limits in tables 2 and 4 of this subpart. To demonstrate compliance for 
carbon monoxide, nitrogen oxides, and sulfur dioxide, see 
Sec. 62.15180.


Sec. 62.15240  What schedule must I follow for the stack testing?

    (a) Conduct initial stack tests for the pollutants listed in 
Sec. 62.15230 by 180 days after your final compliance date.
    (b) Conduct annual stack tests for these pollutants after the 
initial stack test. Conduct each annual stack test no later than 13 
months after the previous stack test.


Sec. 62.15245  What test methods must I use to stack test?

    (a) Follow table 8 of this subpart to establish the sampling 
location and to determine pollutant concentrations, number of traverse 
points, individual test methods, and other specific testing 
requirements for the different pollutants.
    (b) Make sure that stack tests for all these pollutants consist of 
at least three test runs, as specified in Sec. 60.8 (Performance Tests) 
of subpart A of 40 CFR part 60. Use the average of the pollutant 
emission concentrations from the three test runs to determine 
compliance with the applicable emission limits in tables 2 and 4 of 
this subpart.
    (c) Obtain an oxygen (or carbon dioxide) measurement at the same 
time as your pollutant measurements to determine diluent gas levels, as 
specified in Sec. 62.15175.
    (d) Use the equations in Sec. 62.15390(a) to calculate emission 
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the 
percent reduction in potential hydrogen chloride emissions, and the 
reduction efficiency for mercury emissions. See the individual test 
methods in table 6 of this subpart for other required equations.
    (e) You can apply to the Administrator for approval under 
Sec. 60.8(b) of subpart A of 40 CFR part 60 to
    (1) Use a reference method with minor changes in methodology;
    (2) Use an equivalent method;
    (3) Use an alternative method the results of which the 
Administrator has determined are adequate for demonstrating compliance;
    (4) Waive the requirement for a performance test because you have 
demonstrated by other means that you are in compliance; or
    (5) use a shorter sampling time or smaller sampling volume.


Sec. 62.15250  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In this case, you are not required to conduct a stack test for 
that pollutant for the next 2 years. However, you must conduct another 
stack test within 36 months of the anniversary date of the third 
consecutive stack test that shows you comply with the emission limit. 
Thereafter, you must perform stack tests every third year but no later 
than 36 months following the 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. This 
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 these municipal 
waste combustion units have demonstrated levels of dioxins/furans 
emissions less than or equal to 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, for 2 consecutive years. 
In this case, you may choose to conduct annual stack tests on only one 
municipal waste combustion unit per year at your plant. This 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

[[Page 32507]]

must not be changed without approval by the Administrator.
    (2) If each annual stack test shows levels of dioxins/furans 
emissions less than or equal to 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, you may continue stack 
tests on only one municipal waste combustion unit subject to this 
subpart per year.
    (3) If any annual stack test indicates levels of dioxins/furans 
emissions greater than 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, conduct subsequent annual stack tests 
on all municipal waste combustion units subject to this subpart at your 
plant. You may return to testing one municipal waste combustion unit 
subject to this subpart per year if you can demonstrate dioxins/furans 
emission levels less than or equal to 15 nanograms per dry standard 
cubic meter (total mass) for Class I units, or 30 nanograms per dry 
standard cubic meter (total mass) for Class II units, for all municipal 
waste combustion units at your plant subject to this subpart for 2 
consecutive years.


Sec. 62.15255  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. 62.15240(b) and 62.15250(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. 62.15260  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. 62.15265  How do I monitor the load of my municipal waste 
combustion unit?

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms per hour (or pounds per hour).
    (2) Calculate your steam (or feed water) flow in 4-hour block 
averages.
    (3) Calculate the steam (or feed water) flow rate using the method 
in ``American Society of Mechanical Engineers (ASME PTC 4.1--1964): 
Test Code for Steam Generating Units, Power Test Code 4.1--1964 
(R1991),'' section 4 (incorporated by reference in Sec. 60.17 of 
subpart A of 40 CFR part 60).
    (4) Design, construct, install, calibrate, and use nozzles or 
orifices for flow rate measurements, using the recommendations in 
``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters'', 6th 
Edition (1971), chapter 4 (incorporated by reference in Sec. 60.17 of 
subpart A of 40 CFR part 60).
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all signal conversion elements associated with steam (or feed 
water) flow measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion unit does not generate 
steam, or, if your municipal waste combustion units have shared steam 
systems and steam load cannot be estimated per unit, you must 
determine, to the satisfaction of the Administrator, one or more 
operating parameters that can be used to continuously estimate load 
level (for example, the feed rate of municipal solid waste or refuse-
derived fuel). You must continuously monitor the selected parameters.


Sec. 62.15270  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. 62.15275  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. 62.15280  What is the minimum amount of monitoring data I must 
collect with my continuous parameter monitoring systems and is this 
requirement enforceable?

    (a) Where continuous parameter monitoring systems are used, obtain 
1-hour arithmetic averages for three parameters:
    (1) Load level of the municipal waste combustion unit.
    (2) Temperature of the flue gases at the inlet of your particulate 
matter control device.
    (3) Carbon feed rate if activated carbon is used to control 
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 this data 
collection requirement and you must notify the Administrator according 
to Sec. 62.15340(e).

Recordkeeping


Sec. 62.15285  What records must I keep?

    You must keep four types of records:
    (a) Operator training and certification.
    (b) Stack tests.
    (c) Continuously monitored pollutants and parameters.
    (d) Carbon feed rate.


Sec. 62.15290  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.

[[Page 32508]]

    (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. 62.15295  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 operator training course.
    (d) Records of reviews for plant-specific operating manuals. 
Include three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours but for 2 weeks or less 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.
    (2) When all certified chief facility operators and certified shift 
supervisors are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause these people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.


Sec. 62.15300  What records must I keep for stack tests?

    For stack tests required under Sec. 62.15230, you must keep records 
of four items:
    (a) The results of the stack tests for eight pollutants or 
parameters recorded in the appropriate units of measure specified in 
tables 2 or 4 of this subpart:
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) Test reports including supporting calculations that document 
the results of all stack tests.
    (c) The maximum demonstrated load of your municipal waste 
combustion units and maximum temperature at the inlet of your 
particulate matter control device during all stack tests for dioxins/
furans emissions.
    (d) The calendar date of each record.


Sec. 62.15305  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 pollutants 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. 62.15205 and 62.15280. Record these dates 
for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to obtain the 
required amount of data.
    (e) Records of exclusions. Document each time you have excluded 
data from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.

[[Page 32509]]

    (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 40 CFR part 60. Keep these records for the 
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion 
units only), and carbon monoxide continuous emissions monitoring 
systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you chose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec. 62.15200.
    (h) Records of calendar dates. Include the calendar date on each 
record.


Sec. 62.15310  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 
(pounds) per hour calculated from the monitored operating parameter.
    (4) Total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include 
supporting documentation.
    (5) Required quarterly usage of carbon for the municipal waste 
combustion plant, calculated using the appropriate equation in 
Sec. 62.15390(f). If you choose to evaluate required quarterly usage 
for carbon on a municipal waste combustion unit basis, record the 
required quarterly usage for each municipal waste combustion unit at 
your plant. Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined 
during the most recent stack test for dioxins/furans or mercury 
emissions (whichever has a higher feed rate).
    (2) Reasons for the low carbon feed rates.
    (3) Corrective actions you took or are taking to meet the 8-hour 
average carbon feed rate requirement.
    (c) Records of minimum carbon feed rate data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of carbon feed rate data required under Sec. 62.15280.
    (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. 62.15315  What reports must I submit and in what form?

    (a) Submit an initial report and annual reports, plus semiannual 
reports for any emission or parameter level that does not meet the 
limits specified in this subpart.
    (b) Submit all reports on paper, postmarked on or before the 
submittal dates in Secs. 62.15325, 62.15335, and 62.15350. If the 
Administrator agrees, you may submit electronic reports.
    (c) Keep a copy of all reports required by Secs. 62.15330, 
62.15340, and 62.15355 onsite for 5 years.


Sec. 62.15320  What are the appropriate units of measurement for 
reporting my data?

    See tables 2, 3, 4 and 5 of this subpart for appropriate units of 
measurement.


Sec. 62.15325  When must I submit the initial report?

    As specified in Sec. 60.7(c) of subpart A of 40 CFR part 60, submit 
your initial report by 180 days after your final compliance date.


Sec. 62.15330  What must I include in the 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. 62.15305(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 tables 2 or 4 of this 
subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (c) The test report that documents the initial stack tests 
including supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of 40 CFR part 60 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. 62.15310(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. 62.15200.

[[Page 32510]]

Sec. 62.15335  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. (As with all 
other requirements in this subpart, the requirement to submit an annual 
report does not modify or replace the operating permits requirements of 
40 CFR parts 70 and 71.)


Sec. 62.15340  What must I include in the 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. 62.15300(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average emission levels recorded, in the 
appropriate units. List these values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class 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 this value on 
all 6-minute average opacity levels recorded by your continuous opacity 
monitoring system (Sec. 62.15305(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 the appropriate equation in 
Sec. 62.15390(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. 62.15250(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. 62.15250(a)).
    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year. This summary gives 
the Administrator a summary of the performance of the municipal waste 
combustion unit over a 2-year period.
    (k) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and 
carbon dioxide, as specified in Sec. 62.15200.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.


Sec. 62.15345  What must I do if I am out of compliance with these 
standards?

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


Sec. 62.15350  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. 62.15355  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. 62.15300(a)) show emissions above the limits specified in table 2 
or 4 of this subpart as applicable for dioxins/furans, cadmium, lead, 
mercury, particulate matter, opacity, hydrogen chloride, and fugitive 
ash, include a copy of the test report that documents the emission 
levels and your corrective actions.
    (c) For municipal waste combustion units that apply activated 
carbon to control dioxins/furans or mercury emissions, include two 
items:
    (1) Documentation of all dates when the 8-hour block average carbon 
feed rate (calculated from the carbon injection system operating 
parameter) is

[[Page 32511]]

less than the highest carbon feed rate established during the most 
recent mercury and dioxins/furans stack test (as specified in 
Sec. 62.15310(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for these occurrences of low carbon feed rates.
    (iii) The corrective actions you have taken to meet the carbon feed 
rate requirement.
    (iv) The calendar date.
    (2) Documentation of each quarter when total carbon purchased and 
delivered to the municipal waste combustion plant is less than the 
total required quarterly usage of carbon. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include five 
items:
    (i) Amount of carbon purchased and delivered to the plant.
    (ii) Required quarterly usage of carbon.
    (iii) Reasons for not meeting the required quarterly usage of 
carbon.
    (iv) The corrective actions you have taken to meet the required 
quarterly usage of carbon.
    (v) The calendar date.


Sec. 62.15360  Can reporting dates be changed?

    (a) If the Administrator agrees, you may change the semiannual or 
annual reporting dates.
    (b) See Sec. 60.19(c) in subpart A of 40 CFR part 60 for procedures 
to seek approval to change your reporting date.

Air Curtain Incinerators That Burn 100 Percent Yard Waste


Sec. 62.15365  What is an air curtain incinerator?

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


Sec. 62.15370  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. 62.15405.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec. 62.15405 of this subpart.


Sec. 62.15375  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) By 180 days after your final compliance date, you must meet two 
limits:
    (1) The opacity limit is 10 percent (6-minute average) for air 
curtain incinerators that can combust at least 35 tons per day of 
municipal solid waste and no more than 250 tons per day of municipal 
solid waste.
    (2) The opacity limit is 35 percent (6-minute average) during the 
startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times. Each malfunction must not exceed 3 hours.


Sec. 62.15380  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 40 CFR part 60 to 
determine compliance with the opacity limit.
    (b) Conduct an initial test for opacity as specified in Sec. 60.8 
of subpart A of 40 CFR part 60.
    (c) After the initial test for opacity, conduct annual tests no 
more than 13 calendar months following the date of your previous test.


Sec. 62.15385  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. 62.15390(d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator 
or for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual 
reporting dates (see Sec. 60.19(c) in subpart A of 40 CFR part 60).
    (h) Keep a copy of all reports onsite for a period of 5 years.

Equations


Sec. 62.15390  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TP14JN01.017

Where:

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

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%PHg) 
using equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP14JN01.018

Where:

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

    (c) Percent reduction in potential hydrogen chloride emissions. 
Calculate the percent reduction in potential hydrogen chloride 
emissions (%PHCl) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP14JN01.019


[[Page 32512]]


Where

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

    (d) Capacity of a municipal waste combustion unit. For a municipal 
waste combustion unit that can operate continuously for 24-hour 
periods, calculate the capacity of the municipal waste combustion unit 
based on 24 hours of operation at the maximum charge rate. To determine 
the maximum charge rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on 
heat input capacity, calculate the maximum charging rate based on this 
maximum heat input capacity and one of two heating values:
    (i) If your municipal waste combustion unit combusts refuse-derived 
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 
British thermal units per pound).
    (ii) If your municipal waste combustion unit combusts municipal 
solid waste, use a heating value of 10,500 kilojoules per kilogram 
(4,500 British thermal units per pound).
    (2) For municipal waste combustion units with a design not based on 
heat input capacity, use the maximum designed charging rate.
    (e) Capacity of a batch municipal waste combustion unit. Calculate 
the capacity of a batch municipal waste combustion unit as the maximum 
design amount of municipal solid waste they can charge per batch 
multiplied by the maximum number of batches they can process in 24 
hours. Calculate this maximum number of batches by dividing 24 by the 
number of hours needed to process one batch. Retain fractional batches 
in the calculation. For example, if one batch requires 16 hours, the 
municipal waste combustion unit can combust 24/16, or 1.5 batches, in 
24 hours.
    (f) Quarterly carbon usage. If you use activated carbon to comply 
with the dioxins/furans or mercury limits, calculate the required 
quarterly usage of carbon using equation 4 or 5 of this section for 
plant basis or unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TP14JN01.020
    
Where:

C = required quarterly carbon usage for the plant in kilograms (or 
pounds).
fi = required carbon feed rate for the municipal waste 
combustion unit in kilograms (or pounds) per hour. This is the 
average carbon feed rate during the most recent mercury or 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] TP14JN01.021
    
Where:

C = required quarterly carbon usage for the unit in kilograms (or 
pounds).
f = required carbon feed rate for the municipal waste combustion 
unit in kilograms (or pounds) per hour. This is the average carbon 
feed rate during the most recent mercury or 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).

Title V Requirements


Sec. 62.15395  Does this subpart require me to obtain an operating 
permit under title V of the Clean Air Act?

    Yes. If you are subject to this subpart on the effective date of 
this subpart or any time thereafter, you are required to apply for and 
obtain a title V operating permit.


Sec. 62.15400  When must I submit a title V permit application for my 
existing small MWC unit?

    (a) You must submit a complete title V permit application within 12 
months of when your source first becomes subject to a title V 
permitting program. See 40 CFR 70.3(a) and (b), 70.5(a)(1), 71.3(a) and 
(b), and 71.5(a)(1). As provided in section 503(c) of the Clean Air 
Act, permitting authorities may establish permit application deadlines 
earlier than the 12-month deadline.
    (b) If your existing small MWC unit is not subject to an earlier 
permit application deadline, a complete title V permit application must 
be submitted not later than the date 36 months after promulgation of 40 
CFR Part 60, subpart BBBB, or by the effective date of the applicable 
State, Tribal, or Federal operating permits program, whichever is 
later. For any existing small MWC unit not subject to an earlier 
application deadline, this final application deadline applies 
regardless of when this Federal plan, or the relevant EPA approved 
State or Tribal plan, is effective.
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clear Air Act and 40 CFR 70.5(a)(2) or 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. See sections 503(d) and 502(a); 40 CFR 
70.7(b) and 71.7(b).

Delegation of Authority


Sec. 62.15405  What authorities are retained by the Administrator?

    These authorities are retained by the EPA Administrator and not 
transferred to the State upon delegation of authority to the State to 
implement and enforce this subpart.
    (a) Approval of alternative non-opacity emission standard;
    (b) Approval of alternative opacity standard;
    (c) Approval of major alternatives to test methods;
    (d) Approval of major alternatives to monitoring;
    (e) Waiver of recordkeeping; and
    (f) approval of exemption to operating practice requirements in 
Sec. 62.15145(e)(5).

Definitions


Sec. 62.15410  What definitions must I know?

    Terms used but not defined in this section are defined in the Clean 
Air Act and in subparts A and B of 40 CFR part 60.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor.
    Batch municipal waste combustion unit means a municipal waste 
combustion unit designed so it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste 
to be fed to the unit or ash to be removed during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days (or 366 consecutive days 
in leap years) starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of

[[Page 32513]]

the operation of a municipal waste combustion unit. This person is 
responsible for daily onsite supervision, technical direction, 
management, and overall performance of the municipal waste combustion 
unit.
    Class I units mean small municipal waste combustion units subject 
to this subpart that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity greater than 250 tons per 
day of municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Class II units mean small municipal combustion units subject to 
this subpart that are located at municipal waste combustion plants with 
aggregate plant combustion capacity less than or equal to 250 tons per 
day of municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Clean wood means untreated wood or untreated wood products 
including clean untreated lumber, tree stumps (whole or chipped), and 
tree limbs (whole or chipped). Clean wood does not include two items:
    (1) ``Yard waste'', which is defined in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of municipal solid waste in this section.
    Cofired combustion unit means a unit that combusts municipal solid 
waste with nonmunicipal solid waste fuel (for example, coal, industrial 
process waste). To be considered a cofired combustion unit, the unit 
must be subject to a federally enforceable permit that limits it to 
combusting a fuel feed stream which is 30 percent or less (by weight) 
municipal solid waste as measured each calendar quarter.
    Continuous burning means the continuous, semicontinuous, or batch 
feeding of municipal solid waste to dispose of the waste, produce 
energy, or provide heat to the combustion system in preparation for 
waste disposal or energy production. Continuous burning does not mean 
the use of municipal solid waste solely to thermally protect the grate 
or hearth during the startup period when municipal solid waste is not 
fed to the grate or hearth.
    Continuous emission monitoring system means a monitoring system 
that continuously measures the emissions of a pollutant from a 
municipal waste combustion unit.
    Contract means a legally binding agreement or obligation that 
cannot be canceled or modified without substantial financial loss.
    De-rate means to make a permanent physical change to the municipal 
waste combustor unit that reduces the maximum combustion capacity of 
the unit to less than or equal to 35 tons per day of municipal solid 
waste. A permit restriction or a changes in the method of operation 
does not qualify as de-rating.
    Dioxins/furans mean tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Effective date of State plan approval means the effective date that 
the EPA approves the State plan. The Federal Register specifies this 
date in the notice that announces EPA's approval of the State plan.
    Eight-hour block average means the average of all hourly emission 
concentrations or parameter levels when the municipal waste combustion 
unit operates and combusts municipal solid waste measured over any of 
three 8-hour periods of time:
    (1) 12:00 midnight to 8:00 a.m.
    (2) 8:00 a.m. to 4:00 p.m.
    (3) 4:00 p.m. to 12:00 midnight.
    EPA-approved State plan means a State plan that EPA has reviewed 
and approved based on the requirements in 40 CFR part 60 subpart B to 
implement and enforce 40 CFR part 60, subpart BBBB. An approved State 
plan becomes effective on the date specified in the notice published in 
the Federal Register announcing EPA's approval.
    Federally enforceable means all limits and conditions the 
Administrator can enforce (including the requirements of 40 CFR parts 
60, 61, and 63), requirements in a State's implementation plan, and any 
permit requirements established under 40 CFR 52.21 or under 40 CFR 
51.18 and 40 CFR 51.24.
    First calendar half means the period that starts on January 1 and 
ends on June 30 in any year.
    Fluidized bed combustion unit means a unit where municipal waste is 
combusted in a fluidized bed of material. The fluidized bed material 
may remain in the primary combustion zone or may be carried out of the 
primary combustion zone and returned through a recirculation loop.
    Four-hour block average or 4-hour block average means the average 
of all hourly emission concentrations or parameter levels when the 
municipal waste combustion unit operates and combusts municipal solid 
waste measured over any of six 4-hour periods:
    (1) 12:00 midnight to 4 a.m.
    (2) 4 a.m. to 8 a.m.
    (3) 8 a.m. to 12:00 noon.
    (4) 12:00 noon to 4 p.m.
    (5) 4 p.m. to 8 p.m.
    (6) 8 p.m. to 12:00 midnight.
    Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a refractory wall furnace. Unless otherwise specified, this 
includes municipal waste combustion units with a cylindrical rotary 
refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustion unit means a 
field-erected municipal waste combustion unit that combusts municipal 
solid waste in a cylindrical rotary waterwall furnace.
    Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a waterwall furnace.
    Maximum demonstrated load of a municipal waste combustion unit 
means the highest 4-hour block arithmetic average municipal waste 
combustion unit load achieved during 4 consecutive hours in the course 
of the most recent 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 contained in 40 CFR 60.51c of subpart Ec.
    Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion 
unit means a combustion unit that combusts coal and refuse-derived fuel 
simultaneously, in which pulverized coal is introduced into an air 
stream that carries the coal to the combustion chamber of the unit 
where it is combusted in suspension. This includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed later than June 6, 
2001, and that meets one of two criteria:

[[Page 32514]]

    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs.
    (2) Any physical change in the municipal waste combustion unit or 
change in the method of operating it that increases the emission level 
of any air pollutant for which standards have been established under 
section 129 or section 111 of the Clean Air Act. Increases in the 
emission level of any air pollutant are determined when the municipal 
waste combustion unit operates at 100 percent of its physical load 
capability and are measured downstream of all air pollution control 
devices. Load restrictions based on permits or other nonphysical 
operational restrictions cannot be considered in this determination.
    Modular excess-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under 
``Applicability of State Plans'' (Sec. 62.15010(a)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are not subject to subparts Ea, Eb, or AAAA of 
40 CFR part 60.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, 
but not limited to, field-erected combustion units (with or without 
heat recovery), modular combustion units (starved-air or excess-air), 
boilers (for example, steam generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Two criteria 
further define these municipal waste combustion units:
    (1) Municipal waste combustion units do not include pyrolysis or 
combustion units located at a plastics or rubber recycling unit as 
specified under Sec. 62.15020(h) and (i). Municipal waste combustion 
units do not include cement kilns that combust municipal solid waste as 
specified under Sec. 62.15020(j). Municipal waste combustion units also 
do not include internal combustion engines, gas turbines, or other 
combustion devices that combust landfill gases collected by landfill 
gas collection systems.
    (2) The boundaries of a municipal waste combustion unit are defined 
as follows. The municipal waste combustion unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustion unit water 
system. The municipal waste combustion unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set. The municipal waste combustion unit boundary 
starts at the municipal solid waste pit or hopper and extends through 
three areas:
    (i) The combustion unit flue gas system, which ends immediately 
after the heat recovery equipment or, if there is no heat recovery 
equipment, immediately after the combustion chamber.
    (ii) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    (iii) The combustion unit water system, which starts at the feed 
water pump and ends at the piping that exits the steam drum or 
superheater.
    Particulate matter means total particulate matter emitted from 
municipal waste combustion units as measured by EPA Reference Method 5 
in Appendix A of 40 CFR part 60 and the procedures specified in 
Sec. 62.15245.
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). These 
materials are processed and marketed to become input feed stock for 
chemical plants or petroleum refineries. The following three criteria 
further define a plastics or rubber recycling unit:
    (1) Each calendar quarter, the combined weight of the feed stock 
that a plastics or rubber recycling unit produces must be more than 70 
percent of the combined weight of the plastics, rubber, and rubber 
tires that recycling unit processes.
    (2) The plastics, rubber, or rubber tires fed to the recycling unit 
may originate from separating or diverting plastics, rubber, or rubber 
tires from municipal or industrial solid waste. These feed materials 
may include manufacturing scraps, trimmings, and off-specification 
plastics, rubber, and rubber tire discards.
    (3) The plastics, rubber, and rubber tires fed to the recycling 
unit may contain incidental contaminants (for example, paper labels on 
plastic bottles or metal rings on plastic bottle caps).
    Potential hydrogen chloride emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Potential mercury emissions means the level of emissions from a 
municipal waste combustion unit that would occur from combusting 
municipal solid waste without controls for mercury emissions.
    Potential sulfur dioxide emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    Pyrolysis/combustion unit means a unit that produces gases, 
liquids, or solids by heating municipal solid waste.

[[Page 32515]]

The gases, liquids, or solids produced are combusted and the emissions 
vented to the atmosphere.
    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins on or after 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 
these costs, see the definition of ``municipal waste combustion unit'' 
in this section.
    Refractory unit or refractory wall furnace means a municipal waste 
combustion unit that has no energy recovery (such as through a 
waterwall) in the furnace of the municipal waste combustion unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Same location means the same or contiguous properties under common 
ownership or control, including those separated only by a street, road, 
highway, or other public right-of-way. Common ownership or control 
includes properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, subdivision, or any combination 
thereof. Entities may include a municipality, other governmental unit, 
or any quasi-governmental authority (for example, a public utility 
district or regional authority for waste disposal).
    Second calendar half means the period that starts on July 1 and 
ends on December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of operating a municipal waste combustion unit and who is 
responsible for onsite supervision, technical direction, management, 
and overall performance of the municipal waste combustion unit during 
an assigned shift.
    Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) 
combustion unit means a municipal waste combustion unit that combusts 
coal and refuse-derived fuel simultaneously, in which coal is 
introduced to the combustion zone by a mechanism that throws the fuel 
onto a grate from above. Combustion takes place both in suspension and 
on the grate.
    Standard conditions when referring to units of measure mean a 
temperature of 20  deg.C and a pressure of 101.3 kilopascals.
    Startup period means the period when a municipal waste combustion 
unit begins the continuous combustion of municipal solid waste. It does 
not include any warmup period during which the municipal waste 
combustion unit combusts fossil fuel or other solid waste fuel but 
receives no municipal solid waste.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B, 
that implements and enforces 40 CFR part 60, subpart BBBB.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 in Appendix A of 40 CFR part 
60 and the procedures specified in Sec. 62.15245.
    Tribal plan means a plan submitted by a Tribal Authority pursuant 
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 
CFR part 60 subpart BBBB.
    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.
BILLILNG CODE 6560-50-U

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[FR Doc. 01-14619 Filed 6-13-01; 8:45 am]
BILLING CODE 6560-50-C