[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Proposed Rules]
[Pages 70640-70672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28923]



[[Page 70639]]

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

Part II





Environmental Protection Agency





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



40 CFR Part 62



Federal Plan Requirements for Commercial and Industrial Solid Waste 
Incinerators Constructed on or Before November 30, 1999; Proposed Rule

  Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / 
Proposed Rules  

[[Page 70640]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-7408-1]
RIN 2060-AJ28


Federal Plan Requirements for Commercial and Industrial Solid 
Waste Incinerators Constructed on or Before November 30, 1999

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: On December 1, 2000, EPA adopted emission guidelines for 
existing commercial and industrial solid waste incineration (CISWI) 
units. Sections 111 and 129 of the Clean Air Act (CAA) require States 
with existing CISWI 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 CISWI units subject to the emission 
guidelines on December 1, 2001. If a State or Tribe with existing CISWI 
units does not submit an approvable plan, sections 111(d) and 129 of 
the CAA require EPA to develop, implement, and enforce a Federal plan 
for CISWI units located in that State or Tribal area within 2 years 
after promulgation of the emission guidelines (December 1, 2002). This 
action proposes a Federal plan to implement emission guidelines for 
CISWI units located in States and Indian country without effective 
State or Tribal plans. On the effective date of an approved State or 
Tribal plan, the Federal plan would no longer apply to CISWI units 
covered by the State or Tribal plan.

DATES: Comments. Comments on the proposed CISWI Federal plan must be 
received on or before January 24, 2003.
    Public hearing. The EPA will hold a public hearing if requests to 
speak are received by December 10, 2002. For additional information on 
the public hearing and requesting to speak, see the Supplementary 
Information section of this preamble. If requested, the hearing would 
take place on December 30, 2002 and would begin at 10 a.m.

ADDRESSES: Comments. Submit written comments (in duplicate, if 
possible) to the following address: Air and Radiation Docket and 
Information Center (MC-6102T) , U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW, Washington, D.C. 20460, Attention Docket 
No. A-2000-52. The EPA requests that a separate copy also be sent to 
the contact person listed below. For additional information on the 
docket and electronic availability, see Supplementary Information.
    Public hearing. If timely requests to speak at a public hearing are 
received, a public hearing will be held at EPA's New RTP Campus located 
at 109 T.W. Alexander Drive in Research Triangle Park, NC. Were one to 
be held, a hearing would be held in the auditorium of the main 
facility.

FOR FURTHER INFORMATION CONTACT: For information concerning specific 
aspects of this proposal, contact Mr. David Painter at (919) 541-5515, 
Program Implementation and Review Group, Information Transfer and 
Program Integration Division (E143-02), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, email: 
[email protected]. For technical information, contact Mr. Fred 
Porter at (919) 541-5251, Combustion Group, Emission Standards Division 
(C439-01), U.S. Environmental Protection Agency, Research Triangle 
Park, N.C. 27711, email: [email protected]. For information regarding 
implementation of this proposed rule, 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. E-mail submittals should be sent 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. Comments and data 
will also be accepted on disks or as an e-mail attachment in 
WordPerfect or Corel ``wpd'' file format, Microsoft Word format, or 
ASCII file format. All comments and data for this proposed rule, 
whether in paper form or electronic forms such as through e-mail or on 
diskette, must be identified by docket number A-2000-52.
    Persons wishing to submit proprietary information for consideration 
must clearly distinguish such information from other comments by 
clearly labeling it ``Confidential Business Information'' (CBI). To 
ensure that proprietary information is not inadvertently placed in the 
docket, submit CBI directly to the following address, and not the 
public 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 information. Persons wishing to speak at a public 
hearing should notify Ms. Christine Adams at (919) 541-5590. If a 
public hearing is requested and held, EPA will ask clarifying questions 
during the oral presentation but will not respond to the presentations 
or comments. Written statements and supporting information will be 
considered with equivalent weight as any oral statement and supporting 
information subsequently presented at a public hearing, if held.
    Related information. Electronic versions of this notice, the 
proposed regulatory text, and other background information are 
available at the World Wide Web site that EPA has established for CISWI 
units. The address is http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. 
The CISWI website references other websites for closely related rules, 
such as large and small municipal waste combustors (MWC), hazardous 
waste, and hospital/medical/infectious waste incinerators (HMIWI). The 
large MWC and HMIWI sites contain the respective State plan guidance 
documents.
    Docket. Docket numbers A-2000-52 and A-94-63 contain the supporting 
information for this proposed rule and the supporting information for 
EPA's promulgation of emission guidelines for existing CISWI units, 
respectively. Docket A-2000-52 incorporates all of the information in 
Docket A-94-63. The dockets are organized and complete files of all the 
information submitted to or otherwise considered by EPA in the 
development of this proposed rulemaking. The dockets are available for 
public inspection and copying between 8:30 a.m. and 4:30 p.m., Monday 
through Friday, at the OAR Docket in the EPA Docket Center (EPA/DC), 
1301 Constitution Avenue, NW., Washington, DC 20460, or by calling 
(202) 566-1744. The docket is located in Room B102, (basement of EPA 
West Building). The fax number for the Center is (202) 566-1749 and the 
E-mail address is http://www.epa.gov/edocket. A reasonable fee may be 
charged for copying.

[[Page 70641]]

    Regulated entities. The proposed Federal plan would affect the 
following North American Industrial Classification System (NAICS) and 
Standard Industrial Classification (SIC) codes:

------------------------------------------------------------------------
                                                           Examples of
                                                           potentially
           Category             NAICS Code    SIC Code      regulated
                                                             entities
------------------------------------------------------------------------
Any industry using a solid             325           28  Manufacturers
 waste incinerator as defined                             of chemicals
 in the regulations.                                      and allied
                                                          products.
                                       325           34  Manufacturers
                                                          of electronic
                                                          equipment.
                                       421           36  Manufacturers
                                                          of wholesale
                                                          trade, durable
                                                          goods.
                                  321, 337       24, 25  Manufacturers
                                                          of lumber and
                                                          wood
                                                          furniture.
------------------------------------------------------------------------

    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities EPA expects to be regulated by 
this proposed rule. This table lists examples of the types of entities 
that could be affected by this proposed rule. Other types of entities 
not listed could also be affected. To determine whether your facility, 
company, business organization, etc., is regulated by this action, 
carefully examine the applicability criteria in 40 CFR 62.14510 through 
62.14530 of subpart III. If you have any questions regarding the 
applicability of this action to your solid waste incineration unit, 
refer to the FOR FURTHER INFORMATION CONTACT section.
    EPA Regional Office Contacts. Table 1 lists EPA Regional Offices 
that can answer questions regarding implementation of this proposed 
rule.

                Table 1.--EPA REGIONAL CONTACTS FOR CISWI
------------------------------------------------------------------------
                                                           States and
   Region             Contact             Phone/Fax       Protectorates
------------------------------------------------------------------------
I...........  EPA New England         617-918-1650,     CT, ME, MA, NH,
               Director, Air           617-918-1505      RI, VT
               Compliance Program, 1   (fax).
               Congress Street,
               Suite 1100 (SEA),
               Boston, MA 02114-2023.
II..........  U.S. EPA--Region 2,     212-637-4080,     NJ, NY, Puerto
               Air Compliance          212-637-3998      Rico, Virgin
               Branch, 290 Broadway,   (fax).            Islands
               New York, New York
               10007.
III.........  U.S. EPA--Region 3,     215-814-3438,     DE, DC, MD, PA,
               Chief, Air              215-814-2134      VA, WV
               Enforcement Branch      (fax).
               (3AP12), 1650 Arch
               Street, Philadelphia,
               PA 19103-2029.
IV..........  U.S. EPA--Region 4,     404-562-9105,     AL, FL, GA, KY,
               Air and Radiation,      404-562-9095      MS, NC, SC, TN
               Technology Branch,      (fax).
               Atlanta Federal
               Center, 61 Forsyth
               Street, Atlanta,
               Georgia 30303-3104.
V...........  U.S. EPA--Region 5,     312-353-2211,     IL, IN, MN, OH,
               Air Enforcement and     312-886-8289      WI
               Compliance Assurance    (fax).
               Branch, (AR-18J), 77
               West Jackson
               Boulevard, Chicago,
               IL 60604-3590.
VI..........  U.S. EPA--Region 6,     214-665-7224,     AR, LA, NM, OK,
               Chief, Toxics           214-665-7446      TX
               Enforcement, Section    (fax).
               (6EN-AT), 1445 Ross
               Avenue, Dallas, TX
               75202-2733.
VII.........  U.S. EPA--Region 7,     913-551-7020,     IA, KS, MO, NE
               901 N. 5th Street,      913-551-7844
               Kansas City, KS 66101.  (fax).
VIII........  U.S. EPA--Region 8,     303-312-6007,     CO, MT, ND, SD,
               Air Program Technical   303-312-6064      UT, WY
               Unit, (Mail Code 8P-    (fax).
               AR), 999 18th Street
               Suite 500, Denver, CO
               80202.
IX..........  U.S. EPA--Region 9,     415-744-1219,     AZ, CA, HI, NV,
               Air Division, 75        415-744-1076      American Samoa,
               Hawthorne Street, San   (fax).            Guam
               Francisco, CA 94105.
X...........  U.S. EPA--Region 10,    (206) 553-4273,   ................
               Office of Air           (206) 553-0110
               Quality, 1200 Sixth     (fax).
               Avenue, Seattle, WA
               98101.
------------------------------------------------------------------------

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

I. Background Information

    A. What is the Regulatory Development Background for this 
Proposed Rule?
    B. What Impact Does the U.S. Appeals Court Remand and EPA's 
Granting of a Request for Reconsideration Have on this Federal Plan?
II. Affected Facilities
    A. What Is a CISWI Unit?
    B. Does The Federal Plan Apply to Me?
    C. How Do I Determine If My CISWI Unit Is Covered by an Approved 
and Effective State or Tribal Plan?
III. Elements of the CISWI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected CISWI Units
    C. Inventory of Emissions
    D. Emission Limitations
    E. Compliance Schedules
    F. Waste Management Plan Requirements
    G. Testing, Monitoring, Recordkeeping, and Reporting
    H. Operator Training and Qualification Requirements
    I. Record of Public Hearings
    J. Progress Reports
IV. Summary of CISWI Federal Plan
    A. What Emission Limitations Must I Meet?
    B. What Operating Limits Must I Meet?
    C. What are the Requirements for Air Curtain Incinerators?
    D. What are the Testing, Monitoring, Inspection, Recordkeeping, 
and Reporting Requirements?
    E. What is the Compliance Schedule?
    F. How Did EPA Determine the Compliance Schedule?
V. CISWI That Have or Will Shut Down
    A. Units That Plan to Close Rather Than Comply
    B. Inoperable Units
    C. CISWI Units That Have Shut Down
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
    D. Implementing Authority
    E. CISWI Federal Plan and Indian County
VII. Title V Operating Permits
VIII. Administrative Requirements
    A. Docket
    B. Public Hearing
    C. Executive Order 12866: Regulatory Planning and Review
    D. Executive Order 13132: Federalism
    E. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    F. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    G. Executive Order 13211: Energy Effects
    H. Unfunded Mandates Reform Act

[[Page 70642]]

    I. Regulatory Flexibility Act/Small Business Regulatory 
Enforcement Fairness Act (SBREFA)
    J. Paperwork Reduction Act
    K. National Technology Transfer and Advancement Act

I. Background Information

A. What Is the Regulatory Development Background for This Proposed 
Rule?

    Section 129 of the CAA requires EPA to develop emission guidelines 
for existing ``solid waste incineration units combusting commercial or 
industrial waste.'' The EPA refers to these units as ``commercial and 
industrial solid waste incineration'' (CISWI) units. The EPA proposed 
emission guidelines for CISWI units on November 30, 1999 and 
promulgated them on December 1, 2000 (65 FR 75338) (to be codified at 
40 CFR part 60, subpart DDDD). In writing Section 129 of the Clean Air 
Act, Congress looked first to the States as the preferred implementers 
of emission guidelines for existing CISWI units. To make these emission 
guidelines enforceable, States with existing CISWI units must have 
submitted to EPA within one year following promulgation of the emission 
guidelines (by December 1, 2001) State plans that implement and enforce 
the emission guidelines. For States or Tribes that do not have an EPA-
approved and effective plan, EPA must develop and implement a Federal 
plan within two years following promulgation of the emission guidelines 
(by December 1, 2002). The EPA sees the Federal plan as an interim 
measure to ensure that Congressionally mandated emission standards are 
implemented until States assume their role as the preferred 
implementers of the emissions guidelines. Thus, the EPA encourages 
States to either use the Federal plan as a template to reduce the 
effort needed to develop their own plans or to simply take delegation 
to directly implement and enforce the guidelines. States without any 
existing CISWI units are required to submit to the Administrator a 
letter of negative declaration certifying that there are no CISWI units 
in the State. No plan is required for States that do not have any CISWI 
units.
    As discussed in section VI.E of this preamble, Indian Tribes may, 
but are not required to, submit Tribal plans to cover CISWI units in 
Indian country. A Tribe may submit to the Administrator a letter of 
negative declaration certifying that no CISWI units are located in the 
Tribal area. No plan is required for Tribes that do not have any CISWI 
units. CISWI units located in States or Tribal areas that mistakenly 
submit a letter of negative declaration would be subject to the Federal 
plan until a State or Tribal plan has been approved and becomes 
effective covering those CISWI units.
    Today's action proposes a Federal plan for CISWI units that are not 
covered by an approved State or Tribal plan as of December 1, 2002. 
Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require EPA 
to develop, implement, and enforce a Federal plan to cover existing 
CISWI units located in States that do not have an approved plan within 
two years after promulgation of the emission guidelines (by December 1, 
2002 for CISWI units). The EPA is proposing this Federal plan now so 
that a promulgated Federal plan will be in place at the earliest 
possible date, thus ensuring timely implementation and enforcement of 
the CISWI emission guidelines. In addition, EPA's timing allows a State 
or Tribe the opportunity to take delegation of the Federal plan in lieu 
of writing a State plan.

B. What Impact Does the U.S. Appeals Court Remand and EPA's Granting of 
a Request for Reconsideration Have on This Federal Plan?

    Subsequent to EPA's promulgation of the final rule establishing the 
NSPS and EG for CISWI units, two events occurred that potentially could 
result in substantive changes to these standards. First, in August 2001 
EPA granted a request for reconsideration, pursuant to section 
307(d)(7)(B) of the CAA, submitted on behalf of the National Wildlife 
Federation and the Louisiana Environmental Action Network, related to 
the definition of ``commercial and industrial solid waste incineration 
unit'' in EPA's CISWI rulemaking. In granting this petition for 
reconsideration, EPA agreed to undertake further notice and comment 
proceedings related to this definition. Second, on January 30, 2001, 
the Sierra Club filed a petition for review in the U.S. Court of 
Appeals for the D.C. Circuit challenging EPA's final CISWI rule. On 
Sept. 6, 2001, the Court entered an order granting EPA's motion for a 
voluntary remand of the CISWI rule without vacature. EPA's request for 
a voluntary remand of the final CISWI rule was intended to allow the 
Agency to address concerns related to the Agency's procedures for 
establishing MACT floors for CISWI units in light of the D.C. Circuit 
Court's decision in Cement Kiln Recycling Coalition v. EPA, 255 F.3d 
855 (D.C. Cir. 2001).
    Neither EPA's granting of the petition for reconsideration, nor the 
Court's order granting a voluntary remand, stay, vacate or otherwise 
influence the effectiveness of the currently existing CISWI 
regulations. Specifically, section 307(d)(7)(B) of the Act provides 
that ``reconsideration shall not postpone the effectiveness of the 
rule,'' except that ``[t]he effectiveness of the rule may be stayed 
during such reconsideration * * * by the Administrator or the court for 
a period not to exceed three months.'' In this case, neither EPA nor 
the court stayed the effectiveness of the final CISWI regulations in 
connection with the reconsideration petition. Likewise, the D.C. 
Circuit granted EPA's motion for a remand without vacature, therefore, 
the Court's remand order had no impact on the effectiveness of the 
current CISWI regulations. Because the existing CISWI regulations 
remain in full effect, EPA's obligation under section 129(b)(3) of the 
Act to promulgate a Federal Plan (to implement those regulations for 
existing units that are not covered by an approved and effective State 
plan) remains unchanged.\1\ Therefore, EPA is complying with its 
statutory obligations by issuing today's proposed Federal Plan for 
CISWI units.
---------------------------------------------------------------------------

    \1\ Similarly, the obligations of States and sources are 
unaffected by the reconsideration petition and the remand.
---------------------------------------------------------------------------

    To the extent that EPA might take action in the future that results 
in changes in the underlying CISWI rule--in response to the petition 
for reconsideration or in response to the voluntary remand--EPA will 
simultaneously amend this Federal Plan to reflect any such changes. If 
such changes become necessary, interested parties, including States and 
sources, will have the opportunity to provide comments, and EPA will 
reasonably accommodate the concerns of commenters as appropriate.

II. Affected Facilities

A. What Is a CISWI Unit?

    A CISWI unit means any combustion device that combusts commercial 
and industrial waste, as defined in proposed 40 CFR part 62, subpart 
III. Commercial and industrial waste, as defined in proposed subpart 
III, is solid waste combusted in an enclosed device using controlled 
flame combustion without energy recovery that is a distinct operating 
unit of any commercial or industrial facility (including field-erected, 
modular, and custom built incineration units operating with starved or 
excess air), or solid waste combusted in an air curtain incinerator 
without energy recovery that is a distinct operating unit of any 
commercial or industrial facility. Fifteen types of combustion units, 
which are listed in Sec.  62.14525 of subpart III are

[[Page 70643]]

conditionally exempt from the Federal plan.

B. Does the Federal Plan Apply to Me?

    The proposed Federal plan will apply to you if you are the owner or 
operator of a combustion device that combusts commercial and industrial 
waste (as defined in subpart III) and the device is not covered by an 
approved and effective State or Tribal plan as of December 1, 2002. The 
proposed Federal plan covers your CISWI unit until EPA approves a State 
or Tribal plan that covers your CISWI unit and that plan becomes 
effective.
    If you began the construction of your CISWI unit on or before 
November 30, 1999, it is considered an existing CISWI unit and could be 
subject to the Federal plan. If you began the construction of your 
CISWI unit after November 30, 1999, it is considered a new CISWI unit 
and is subject to the NSPS. If you began reconstruction or modification 
of your CISWI unit prior to June 1, 2001, it is considered an existing 
CISWI unit and could be subject to the Federal plan. Likewise, if you 
began reconstruction or modification of your CISWI unit on or after 
June 1, 2001, it is considered a new CISWI unit and is subject to the 
NSPS.
    Your CISWI unit would be subject to this Federal plan if on the 
effective date of the Federal plan, EPA has not approved a State or 
Tribal Plan that covers your unit, or the EPA-approved State or Tribal 
plan has not become effective. The specific applicability of this plan 
is described in Sec. Sec.  62.14510 through 62.14530 of subpart III.
    Once an approved State or Tribal plan is in effect, the Federal 
plan will no longer apply to a CISWI unit covered by such plan. An 
approved State or Tribal plan is a plan developed by a State or Tribe 
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 
DDDD. The State or Tribal plan is effective on the date specified in 
the notice published in the Federal Register announcing EPA's approval 
of the plan.
    The EPA's promulgation of a CISWI Federal plan will not preclude 
States or Tribes from submitting a plan. If a State or Tribe submits a 
plan after promulgation of the CISWI Federal plan final rule, EPA will 
review and approve or disapprove the State or Tribal plan. If EPA 
approves a plan, then the Federal plan would no longer apply to CISWI 
units covered by the State or Tribal plan as of the effective date of 
the State or Tribal plan. (See the discussion in ``State or Tribe 
Submits A Plan After CISWI Units Located in the Area Are Subject to the 
Federal Plan'' in section VI.C of this preamble.) If a CISWI unit were 
overlooked by a State or Tribe and the State or Tribe submitted a 
negative declaration letter, or if an individual CISWI unit were not 
covered by an approved and effective State or Tribal plan, the CISWI 
unit would be subject to this Federal plan.

C. How Do I Determine If My CISWI Unit Is Covered by an Approved and 
Effective State or Tribal Plan?

    Part 62 of Title 40 of the Code of Federal Regulations identifies 
the approval and promulgation of section 111(d) and section 129 State 
or Tribal plans for designated facilities in each State or area of 
Indian Country. However, part 62 is updated only once per 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.

III. Elements of the CISWI Federal Plan

    Because EPA is proposing a Federal plan to cover CISWI units 
located in States and areas of Indian Country where plans are not in 
effect, EPA has elected to include in this proposal the same elements 
as are required for State plans: (1) Identification of legal authority 
and mechanisms for implementation, (2) inventory of CISWI units, (3) 
emissions inventory, (4) emission limitations, (5) compliance 
schedules, (6) waste management plan, (7) testing, monitoring, 
inspection, reporting, and recordkeeping, (8) operator training and 
qualification, (9) public hearing, and (10) progress reporting. See 40 
CFR part 60 subparts B and C and sections 111 and 129 of the CAA. Each 
plan element is described below as it relates to this proposed CISWI 
Federal plan. Table 2 lists each element and identifies where it is 
located or codified.

              Table 2.--Elements of the CISWI Federal Plan
------------------------------------------------------------------------
   Element of the CISWI Federal plan                 Location
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3) 111(d),
 mechanism.                               301(a), and 301(d)(4) of the
                                          CAA
Inventory of Affected MWC Units........  Docket A-2000-52
Inventory of Emissions.................  Docket A-2000-52
Emission Limits........................  40 CFR 62.14630-62.14645
Compliance Schedules...................  40 CFR 62.14535-62.14575
Operator Training and Qualification....  40 CFR 62.14595-62.14625
Waste Management Plan..................  40 CFR 62.14580-62.14590
Record of Public Hearings..............  Docket A-2000-52
Testing, Monitoring, Recordkeeping, and  40 CFR 62.14670-62.14760
 Reporting.
Progress Reports.......................  Section III.J of this preamble
------------------------------------------------------------------------

A. Legal Authority and Enforcement Mechanism

1. EPA's Legal Authority in States
    Section 301(a) of the CAA provides 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 direct EPA to develop a Federal plan 
for States that do not submit approvable State plans. Sections 111 and 
129 of the CAA provide EPA with the authority to implement and enforce 
the Federal plan in cases where the State fails to submit a 
satisfactory State plan. Section 129(b)(3) requires EPA to develop, 
implement, and enforce a Federal plan within 2 years after the date the 
relevant emission guidelines are promulgated (by December 1, 2002 for 
CISWI units). Compliance with the emission guidelines cannot be later 
than 5 years after the relevant emission guidelines are promulgated (by 
December 1, 2005 for CISWI units).
2. EPA's Legal Authority in Indian Country
    Section 301 provides EPA with the authority to administer Federal 
programs in Indian country. See sections 301 (a) and (d). 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 administratively not feasible. See 
section VI.E of this preamble for a more detailed discussion of EPA's 
authority to administer the CISWI Federal plan in Indian country.
    The EPA is proposing this Federal regulation under the legal 
authority of

[[Page 70644]]

the CAA to implement the emission guidelines in those States and areas 
of Indian country not covered by an approved plan. As discussed in 
section VI of this document, implementation and enforcement of the 
Federal plan may be delegated to eligible Tribal, State, or local 
agencies when requested by a State, eligible Tribal, or local agency, 
and when EPA determines that such delegation is appropriate.

B. Inventory of Affected CISWI Units

    The proposed Federal plan includes an inventory of CISWI units 
affected by the emission guidelines. (See 40 CFR 60.25(a).) Docket 
number A-2000-52 contains an inventory of the CISWI units that may 
potentially be covered by this proposed Federal plan in the absence of 
State or Tribal plans. This inventory contains 99 CISWI units in 30 
States and one protectorate. It is based on information collected from 
State and Federal databases, information collection request survey 
responses, and stakeholder meetings during the development of the CISWI 
emission guidelines. The EPA recognizes that this list may not be 
complete. Therefore, sources potentially subject to this Federal plan 
may include, but are not limited to, the CISWI units listed in the 
inventory memorandum in docket number A-2000-52. Any CISWI unit that 
meets the applicability criteria in the Federal plan rule is subject to 
the Federal plan, regardless of whether it is listed in the inventory. 
States, Tribes, or individuals are invited to identify additional 
sources for inclusion to the list during the comment period for this 
proposal.

C. Inventory of Emissions

    The proposed Federal plan includes an emissions estimate for CISWI 
units subject to the emission guidelines. (See 40 CFR 60.25(a).) The 
pollutants to be inventoried are dioxins/furans, cadmium (Cd), lead 
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl), 
oxides of nitrogen (NOX), carbon monoxide (CO), and sulfur 
dioxide (SO2). For this proposal, EPA has estimated the 
emissions from each known CISWI unit that potentially may be covered by 
the Federal plan for the nine pollutants regulated by the Federal plan.
    The emissions inventory is based on available information about the 
CISWI units, emission factors, and typical emission rates developed for 
calculating nationwide air impacts of the CISWI emission guidelines and 
the Federal plan. Refer to the inventory memorandum in docket number A-
2000-52 for the complete emissions inventory and details on the 
emissions calculations.

D. Emission Limitations

    The proposed Federal plan includes emission limitations. (See 40 
CFR 60.24(a).) Section 129(b)(2) of the CAA requires these emission 
limitations to be ``at least as protective as'' those in the emission 
guidelines. The emission limitations in this proposed CISWI Federal 
plan are the same as those contained in the emission guidelines. (See 
table 2 of subpart III.) Section IV of this preamble discusses the 
emission limitations and operating limits. Table 3 of subpart III 
contains operating limits for wet scrubbers.

E. Compliance Schedules

    Increments of progress are required for CISWI units that need more 
than 1 year from State plan approval to comply, or in the case of the 
Federal plan, more than 1 year after promulgation of the final Federal 
plan. (See 40 CFR 60.24(e)(1).) Increments of progress are included to 
ensure that each CISWI unit needing more time to comply is making 
progress toward meeting the emission limits.
    For CISWI units that need more than 1 year to comply, the proposed 
CISWI Federal plan includes in its compliance schedule two increments 
of progress from 40 CFR 60.21(h), as allowed by 40 CFR 60.24(e)(1) and 
required by 40 CFR part 60, subpart DDDD (Sec.  60.2575). The Federal 
plan includes defined and enforceable dates for completion of each 
increment. These increments of progress are (1) submit final control 
plan, and (2) achieve final compliance. The proposed increments of 
progress are described in section IV.E of this preamble.

F. Waste Management Plan Requirements

    A waste management plan is a written plan that identifies both the 
feasibility and the methods used to reduce or separate certain 
components of solid waste from the waste stream to reduce or eliminate 
toxic emissions from incinerated waste. The waste management plan must 
be submitted no later than the date six months after promulgation of 
the CISWI Federal plan in the Federal Register. Sections 62.14580 
through 62.14590 of subpart III contain the waste management plan 
requirements.

G. Testing, Monitoring, Recordkeeping, and Reporting

    The proposed Federal plan includes testing, monitoring, 
recordkeeping, and reporting requirements. (See 40 CFR 60.25.) Testing, 
monitoring, recordkeeping, and reporting requirements are consistent 
with subpart DDDD, and assure initial and ongoing compliance.

H. Operator Training and Qualification Requirements

    The owner or operator must qualify operators or their supervisors 
(at least one per facility) by ensuring that they complete an operator 
training course and annual review or refresher course. Sections 
62.14595 through 62.14625 of the proposed subpart III contain the 
operator training and qualification requirements.

I. Record of Public Hearings

    The proposed Federal plan provides opportunity for public 
participation in adopting the plan. (See 40 CFR 60.23(c).) If requested 
to do so, EPA will hold a public hearing in Research Triangle Park, NC. 
A record of the public hearing, if any, will appear in Docket A-2000-
52. If a public hearing is requested and held, EPA will ask clarifying 
questions during the oral presentation but will not respond to the 
presentations or comments. Written statements and supporting 
information submitted during the public comment period will be 
considered with equivalent weight as any oral statement and supporting 
information subsequently presented at a public hearing, if held.

J. Progress Reports

    Under the Federal plan, the EPA Regional Offices will prepare 
annual progress reports to show progress of CISWI units in the Region 
toward implementation of the emission guidelines. (See 40 CFR 
60.25(e).) States or Tribes that have been delegated the authority to 
implement and enforce this Federal plan would also be required to 
submit annual progress reports to the appropriate EPA Regional Office.
    Appendix D of 40 CFR part 60 requires reporting of emissions data 
to the Aerometric Emissions Information Retrieval System (AIRS)/AIRS 
Facility Subsystem(AFS). These reports can be combined with the State 
implementation plan report required by 40 CFR 51.321 in order to avoid 
double reporting. Under the proposed Federal plan, EPA Regional Offices 
would report AIRS emissions data. If a State or Tribe has been 
delegated the authority to implement and enforce the Federal plan, the 
State or Tribe would report emissions data to AIRS.
    Each progress report must include the following items: (1) Status 
of enforcement actions; (2) status of increments of progress; (3) 
identification

[[Page 70645]]

of sources that have shut down or started operation; (4) emission 
inventory data for sources that were not in operation at the time of 
plan development, but that began operation during the reporting period; 
(5) additional data as necessary to update previously submitted source 
and emission information; and (6) copies of technical reports on any 
performance testing and monitoring.

IV. Summary of CISWI Federal Plan

A. What Emission Limitations Must I Meet?

    As the owner or operator of an existing CISWI unit, you will be 
required to meet the emission limitations specified in Table 1. See 
section IV.E of this preamble for a discussion of the compliance 
schedule.

         Table 1.--Emission Limitations for Existing CISWI Units
------------------------------------------------------------------------
                               You must meet these      And determine
    For these pollutants      emission limitations    compliance using
                                       \a\            these methods \b\
------------------------------------------------------------------------
Cadmium.....................  0.004 mg/dscm.......  EPA Method 29
Carbon Monoxide.............  157 ppm.............  EPA Methods 10, 10A,
                                                     or 10B
Dioxins/Furans, toxic         0.41 ng/dscm........  EPA Method 23
 equivalent (TEQ) basis.
Hydrogen Chloride...........  62 ppm by dry volume  EPA Method 26A
Lead........................  0.04 mg/dscm........  EPA Method 29
Mercury.....................  0.47 mg/dscm........  EPA Method 29
Opacity.....................  10 percent..........  EPA Method 9
Oxides of Nitrogen..........  388 ppm by dry        EPA Method 7, 7A,
                               volume.               7C, 7D, or 7E
Particulate Matter..........  70 mg/dscm..........  EPA Method 5 or 29
Sulfur Dioxide..............  20 ppm by dry volume  EPA Method 6 or 6c
------------------------------------------------------------------------
\a\ All emission limitations (except opacity) are measured at 7 percent
  oxygen, dry basis at standard conditions.
\b\ These methods are in 40 CFR part 60, appendix A.

B. What Operating Limits Must I Meet?

    If you are using a wet scrubber to comply with the emission 
limitations, you will be required to establish the maximum and minimum 
site-specific operating limits indicated in Table 2. You will be 
required to operate the CISWI unit and wet scrubber so that the 
operating parameters do not deviate from the established operating 
limits.

 Table 2.--Operating Limits for Existing CISWI Units Using Wet Scrubbers
------------------------------------------------------------------------
                                                         And monitor
     For these operating       You must establish    continuously using
         parameters              these operating       these recording
                                     limits                 times
------------------------------------------------------------------------
Charge rate.................  Maximum charge rate.  Every hour
Pressure drop across the wet  Minimum pressure      Every 15 minutes
 scrubber, or amperage to      drop or amperage.
 the wet scrubber.
Scrubber liquor flow rate...  Minimum flow rate...  Every 15 minutes
For these operating           You must establish    And monitor
 parameters.                   these operating       continuously using
                               limits..              these recording
                                                     times
Scrubber liquor pH..........  Minimum pH..........  Every 15 minutes
------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average basis, except
  charge rate for batch incinerators, which is determined on a daily
  basis.

    If you are using an air pollution control device other than a wet 
scrubber to comply with the emission limitations, you will be required 
to petition the Administrator for other site-specific operating limits 
to be established during the initial performance test and continuously 
monitored thereafter. The required components of the petition are 
described in Sec.  62.14640 of subpart III.
    If you are using a fabric filter to comply with the emission 
limitations, in addition to other operating limits as approved by the 
Administrator, you must operate the fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during any 6-month period.

C. What Are the Requirements for Air Curtain Incinerators?

    The Federal plan will establish opacity limitations for air curtain 
CISWI units burning 100 percent wood wastes and/or clean lumber. This 
opacity limitation will be 10 percent, except 35 percent opacity will 
be allowed during start-up periods that are within the first 30 minutes 
of operation.

D. What Are the Testing, Monitoring, Inspection, Recordkeeping, and 
Reporting Requirements?

    The owner or operator of a CISWI unit subject to the CISWI Federal 
plan will be required to conduct initial performance tests for cadmium, 
dioxins/furans, hydrogen chloride, lead, mercury, opacity, particulate 
matter, and sulfur dioxide and establish operating limits (i.e., 
maximum or minimum values for operating parameters). The initial 
performance test must be conducted within 180 days after the date the 
facility is required to achieve final compliance.
    The owner or operator will be required to conduct annual 
performance tests for particulate matter, hydrogen chloride, and 
opacity. (An owner or operator may conduct less frequent testing if the 
facility demonstrates that it is in compliance with the emission 
limitations for 3 consecutive years.)
    To assure ongoing achievement of the Federal plan's provisions, an 
owner or operator using a wet scrubber to comply with the emission 
limitations will continuously monitor the following

[[Page 70646]]

operating parameters: charge rate, pressure drop across the wet 
scrubber (or amperage), and scrubber liquid flow rate and pH. If 
something other than a wet scrubber is used to comply with the emission 
limitations, the owner or operator will be required to monitor other 
operating parameters, as approved by the Administrator.
    If the owner or operator is using a fabric filter to comply with 
the emission limitations, in addition to other operating limits as 
approved by the Administrator, the owner or operator must install and 
continuously operate a bag leak detection system. The owner or operator 
must keep records of periods when the alarm sounds and calculate 
whether these periods are more than 5 percent of the operating time for 
each 6-month period. The owner or operator will be required to submit 
information documenting compliance with these requirements as part of 
an annual report; and report deviations semi-annually.
    In addition, the Federal plan will require CISWI unit owners and 
operators to maintain for 5 years records of the initial performance 
tests and all subsequent performance tests, operating parameters, any 
maintenance, and operator training and qualification. The owner or 
operator will submit the results of the initial performance tests and 
all subsequent performance tests and values for the operating 
parameters in annual reports.

E. What Is the Compliance Schedule?

    Each CISWI unit will be required to either: (1) Reach final 
compliance by the date 1 year after publication of the final rule in 
the Federal Register, or (2) meet increments of progress and reach 
final compliance by the date 2 years after publication of the final 
rule in the Federal Register. In addition, the owner or operator must 
comply with the operator training and qualification requirements and 
inspection requirements by the date 1 year after publication of the 
final rule in the Federal Register, regardless of when the CISWI unit 
reaches final compliance.
    Each owner or operator that takes more than 1 year to reach final 
compliance must submit a final control plan (increment 1) by the date 6 
months after publication of the final rule for this Federal plan in the 
Federal Register and reach final compliance (increment 2) by the date 2 
years after publication of the final rule in the Federal Register. To 
ensure timely progress towards implementation of the Federal plan, the 
proposed rules include a requirement for owners or operators of CISWI 
units seeking to take an additional year to reach final compliance to 
submit a request to the Administrator that documents the need for an 
extension.
    To meet the increment 1 requirement, the owner or operator of each 
CISWI unit must submit a final control plan that includes five items: 
(1) A description of the air pollution control devices and/or process 
changes that will be employed so that each CISWI unit complies with the 
emission limits and other requirements, (2) a list of the types of 
waste burned, (3) the maximum design waste burning capacity, (4) the 
anticipated maximum charge rate, and, (5) if applicable, the petition 
for site-specific operating limits. A final control plan is not 
required for units that will be shut down, but those units must close 
by 1 year after the final rule is published or must submit a closure 
agreement by 6 months after the final rule is published, close no later 
than 2 years after the rule is published, and meet other requirements 
as described in section V.A. of this preamble.
    To meet the second increment of progress, the owner or operator of 
each CISWI unit must incorporate all process changes or complete 
retrofit construction in accordance with the final control plan. The 
owner or operator must connect the air pollution control equipment or 
process changes such that when the CISWI unit is brought on line all 
necessary process changes or air pollution control equipment will 
operate as designed.

F. How Did EPA Determine the Compliance Schedule?

    The EPA determined the compliance schedule based on the 
requirements of 40 CFR part 60, subpart B and the feasibility of owners 
or operators to retrofit combustion units with air pollution control 
devices. CISWI units must comply within 1 year after publication of the 
final Federal plan or meet increments of progress. The requirement to 
reach final compliance within 1 year is consistent with 40 CFR 60.24(c) 
of subpart B. Subpart B requires final compliance to be ``as 
expeditiously as practicable* * *'' and requires increments of progress 
if the compliance schedule is longer than 1 year.
    The EPA believes that many CISWI units can reach final compliance 
within 1 year after promulgation of the Federal plan based on their 
similarity to HMIWI units. In addition to the 1 year after promulgation 
of the Federal plan, units could use the time between this proposed 
rule and promulgation of the final Federal plan to plan and begin 
retrofits.
    The proposed compliance schedule for CISWI units is similar to the 
compliance schedule for HMIWI units. Most CISWI units are similar in 
size to HMIWI units. In addition, CISWI units would require similar 
controls to meet the CISWI Federal plan emission limits as HMIWI units 
would need to meet the HMIWI Federal plan emission limits. To determine 
the compliance schedule for HMIWI units, EPA conducted case studies of 
eight HMIWI units that completed retrofits of the types of controls 
needed to meet the HMIWI Federal plan (64 FR 36430, July 6, 1999). 
Based on these case studies (Docket No. A-98-24, II-A-1), EPA found 
that many HMIWI units can meet the requirements of the Federal plan 
within 1 year. Similarly, many CISWI units could meet a 1-year 
schedule.
    We expect that some CISWI units could need more than 1 year to 
comply, as did some HMIWI units, due to site-specific circumstances. 
For units that cannot comply within 1 year, the proposed Federal plan 
establishes increments of progress, as required by subpart B. The 
proposed date for the first increment of progress, submittal of a final 
control plan, is 6 months after publication of the final Federal plan 
in the Federal Register. The proposed date for the second increment of 
progress, final compliance, is 2 years after publication of the final 
Federal plan in the Federal Register. These increments are derived from 
the findings of the case studies performed to characterize the retrofit 
of control systems for hospital medical and infectious waste (HMIWI) 
incinerators (Docket A-98-24, Item II-A-1). The size and design of 
CISWI are similar to the smaller HMIWI that were the subjects of the 
case studies. In particular, most units are small and controls will be 
ordered ``off-the-shelf'' as assembled packages. Thus, the Agency did 
not see a need for increments to address details of on-site 
construction and installation of control systems. Also, CISWI sites are 
not thought to have the problems with space and access that were 
concerns for HMIWI retrofits. In addition, CISWI units have the time 
between publication of this proposed rule and publication of the final 
rule in the Federal Register to begin developing the final control plan 
and to initiate retrofit activities.
    The proposed rules do not include increments of progress for air 
curtain incinerators (ACI). Air curtain incinerators must comply with 
the requirements of the Federal plan one year after the date of 
promulgation of the final rule. Delaying implementation for ACI would 
not be appropriate because there will be little or no need for the 
installation of control equipment on these units(Primarily because 
control

[[Page 70647]]

equipment is typically infeasible for ACI). Compliance with the opacity 
limits applicable to this class of units would primarily be achieved by 
good operation and maintenance practices. This approach is consistent 
with the proposed requirement for completion of CISWI operator training 
by the date one year after promulgation of the final rule.

V. CISWI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

    If you plan to permanently close your currently operating CISWI 
unit, you must do one of the following: (a) close by the date 1 year 
after publication of the final rule for this Federal plan in the 
Federal Register, or (b) submit a legally binding closure agreement, 
including the date of closure, to the Administrator by the date 6 
months after publication of the final rule in the Federal Register. The 
closure agreement must specify the date by which operation will cease. 
The closure date cannot be later than the final compliance date of the 
CISWI Federal plan (2 years after publication of the final rule in the 
Federal Register). If you close your CISWI unit after the date 1 year 
after publication of the final rule in the Federal Register, but before 
the date 2 years after publication of the final rule in the Federal 
Register, then you must comply with the operator training and 
qualification requirements by the date 1 year after publication of the 
final rule in the Federal Register. In addition, while still in 
operation, you are subject to the same requirements for title V 
operating permits that apply to units that will not shut down.

B. Inoperable Units

    In cases where a CISWI unit has already shut down, has been 
rendered inoperable, and does not intend to restart, the CISWI unit may 
be left off the source inventory in a State, Tribal, or this Federal 
plan. A CISWI unit that has been rendered inoperable would not be 
covered by the Federal plan. The CISWI owner or operator may do the 
following to render a CISWI unit inoperable: (1) Weld the waste charge 
door shut, (2) remove stack (and by-pass stack, if applicable), (3) 
remove combustion air blowers, or (4) remove burners or fuel supply 
appurtenances.

C. CISWI Units That Have Shut Down

    CISWI units that are known to have already shut down (but are not 
known to be inoperable) will be included in the source inventory and 
identified in any State or Tribal plan submitted to EPA.
1. Restarting Before The Final Compliance Date
    If the owner or operator of an inactive CISWI unit plans to restart 
before the final compliance date, the owner or operator must submit a 
control plan for the CISWI unit and meet the applicable compliance 
schedule. Final compliance is required for all pollutants and all CISWI 
units no later than the final compliance date. (See section IV.E for 
the discussion on compliance schedules and increments of progress.)
2. Restarting After The Final Compliance Date
    Under this proposed Federal plan, a control plan would not be 
needed for inactive CISWI units that restart after the final compliance 
date. However, before restarting, such CISWI units would have to 
complete the operator training and qualification requirements and 
inspection requirements (if applicable) and complete retrofit or 
process modifications. Performance testing to demonstrate compliance 
would be required within 180 days after restarting. There would be no 
need to show that the increments of progress have been met since these 
steps would have occurred before restart while the CISWI unit was shut 
down and not generating emissions. A CISWI unit that operates out of 
compliance after the final compliance date would be in violation of the 
Federal plan and subject to enforcement action.

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 
CISWI units in a State or Tribal area that does not have an 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 CISWI 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 should be 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 
4, 1984), reaffirmed in a 2001 memorandum (``EPA Indian Policy,'' 
signed by Christine Todd Whitman, Administrator of EPA, dated July 
11,2001).

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 (see section IV.E.1 of this preamble). 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

[[Page 70648]]

between the State or Tribe and EPA would set forth the terms and 
conditions of the delegation, the effective date of the agreement, and 
would also serve as the mechanism to transfer authority. Upon signature 
of the agreement, the appropriate EPA Regional Office would publish an 
approval notice in the Federal Register, thereby incorporating the 
delegation 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 to approve the 
following items:
    (1) Alternative site-specific operating parameters established by 
facilities using CISWI controls other than a wet scrubber (Sec.  
62.14640 of subpart III),
    (2) Alternative methods of demonstrating compliance,
    (3) Alternative requirements that 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 the 
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, and waiver of recordkeeping and reporting; and
    (4) Petitions to the Administrator to add a chemical recovery unit 
to Sec.  62.14525(n) of subpart III.
    CISWI owners or operators who wish to establish alternative 
operating parameters or alternative methods of demonstrating compliance 
should submit a request to the Regional Office Administrator with a 
copy to the appropriate State or Tribe.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to State or Tribal agencies: (1) EPA approval of 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 delegation to a 
State or Tribe of the authority to implement certain portions of this 
Federal plan to the extent appropriate and if allowed by State or 
Tribal law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State or 
Tribal Plan
    After CISWI 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 CISWI 
units covered in the State or Tribal plan would remain subject to the 
Federal plan until a State or Tribal plan covering those CISWI units is 
approved and effective.
    Upon the effective date of an approved State or Tribal plan, the 
Federal plan would no longer apply to CISWI units covered by such a 
plan, and the State or Tribal agency would 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 or Tribe Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to State or eligible 
Tribal agencies the authority to implement this Federal plan. As 
discussed above, EPA believes that it is advantageous and the best use 
of resources for State or Tribal agencies to agree to undertake, on 
EPA's behalf, the administrative and substantive roles in implementing 
the Federal plan to the extent appropriate and where authorized by 
State or Tribal 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, CISWI inspections, and preparation of draft 
notices of violation.
    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 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 the 
program they will adopt. Consistent with the approach of the Tribal 
Authority Rule, 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 consistent with Tribal 
law.
    Both States and 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.

D. Implementing Authority

    The EPA will delegate authority within the Agency to the EPA 
Regional Administrators to implement the CISWI Federal plan. All 
reports required by this Federal plan should be submitted to the 
appropriate Regional Office Administrator. Table 1 under Supplementary 
Information lists the names and addresses of the EPA Regional Office 
contacts and the States that they cover.

E. CISWI Federal Plan and Indian Country

    The term ``Indian country,'' as used in this preamble, means (1) 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation; (2) all dependent Indian communities within the borders of 
the United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and (3) all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    The CISWI Federal plan would apply throughout Indian country to 
ensure that there is not a regulatory gap for existing CISWI units in 
Indian country. However, eligible Indian tribes now have the authority 
under the CAA to develop Tribal plans in the same manner that States 
develop State plans. On February 12, 1998, EPA promulgated regulations 
that outline provisions of the CAA for which it is appropriate to treat 
Tribes in the same manner as States. See 63 FR 7254 (Final Rule for 
Indian Tribes: Air Quality Planning and Management, (Tribal Authority 
Rule)) (codified at 40 CFR part 49). As of

[[Page 70649]]

March 16, 1998, the effective date of the Tribal Authority Rule, EPA 
has had authority under the CAA to approve Tribal programs such as 
Tribal plans to implement and enforce the CISWI emission guidelines.
1. Tribal Implementation
    Section 301(d) of the CAA authorizes the Administrator to treat an 
Indian tribe as a State under certain circumstances. The Tribal 
Authority Rule, which implements section 301(d) of the CAA, identifies 
provisions of the CAA for which it is appropriate to treat a Tribe as a 
State. (See 40 CFR 49.3 and 49.4.) Under the Tribal Authority Rule, a 
Tribe may be treated as a State for purposes of this Federal plan. If a 
Tribe meets the criteria below, EPA can delegate to an Indian tribe 
authority to implement the Federal plan in the same way it can delegate 
authority to a State:
    (1) The applicant is an Indian tribe recognized by the Secretary of 
the Interior;
    (2) The Indian tribe has a governing body carrying out substantial 
governmental duties and functions;
    (3) The functions to be exercised by the Indian tribe pertain to 
the management and protection of air resources within the exterior 
boundaries of the reservation or other areas within the tribe's 
jurisdiction; and
    (4) The Indian tribe is reasonably expected to be capable, in the 
EPA Regional Administrator's judgment, of carrying out the functions to 
be exercised in a manner consistent with the terms and purposes of the 
CAA and all applicable regulations. (See 40 CFR 49.6.)
2. EPA Implementation
    The CAA also provides EPA with the authority to administer Federal 
programs in Indian country. This authority is based in part on the 
general purpose of the CAA, which is national in scope. Section 301(a) 
of the CAA provides EPA broad authority to issue regulations that are 
necessary to carry out the functions of the CAA. Congress intended for 
EPA to have the authority to operate a Federal program when Tribes 
choose not to develop a program, do not adopt an approvable program, or 
fail to adequately implement an air program authorized under section 
301(d) of the CAA.
    Section 301(d)(4) of the CAA authorizes the Administrator to 
directly administer provisions of the CAA to achieve the appropriate 
purpose where Tribal implementation is not appropriate or 
administratively not feasible. The EPA's interpretation of its 
authority to directly implement Clean Air Act programs in Indian 
country is discussed in more detail in the Tribal Authority Rule. See 
63 FR at 7262-7263. As mentioned previously, Tribes may, but are not 
required to, submit a CISWI plan under section 111(d) of the CAA.
3. Applicability in Indian Country
    The Federal plan would apply throughout Indian country except where 
an EPA-approved plan already covers an area of Indian country. This 
approach is consistent with EPA's implementation of the Federal 
Operating Permits program in Indian country (see 64 FR 8247 (February 
19, 1999)).

VII. Title V Operating Permits

    Except for the sources specified in section 62.14830 of this 
proposed rule, sources subject to this CISWI 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 CISWI units) 
subject to standards or 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 sections 111 and 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. 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 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.\2\ As a result, EPA interprets the dates in 
section 129(e) to be the dates by which complete title V applications 
need to be submitted. In the absence of such an interpretation, a 
section 129 source may be required to prepare and submit a complete 
title V application and the permitting authority would have to issue a 
permit to this source in a very short period of time.\3\
---------------------------------------------------------------------------

    \2\ 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 62.14835(b) and 40 CFR 70.5(a)(2) and 
71.5(a)(2).
    \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 promulgated under 
sections 111 and 129, a source, if subject to the Federal plan, 
would have less than 12 months to prepare and submit a complete 
title V permit application and to have the permit issued. EPA's 
interpretation allows section 129(e) to be read consistently with 
section 503(d) of the Act and 40 CFR 70.7(b) and 71.7(b). EPA's 
interpretation is also consistent with section 503(c) of the Act 
which requires sources to submit title V applications not later than 
12 months after becoming subject to a title V permits programs. If a 
permit as opposed to a title V application were required by the 
later of the two deadlines specified in section 129(e), some section 
129 sources would be required 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.
---------------------------------------------------------------------------

    As a result of EPA's interpretation, existing CISWI units must 
submit complete title V applications by the later of the following 
dates: Not later than 36 months after the promulgation of 40 CFR part 
60, subpart DDDD 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. As of today's proposal, all areas of the country 
are covered by effective title V programs. As a result, the relevant 
section 129(e) date for existing CISWI units is 36 months following 
promulgation of 40 CFR part 60, subpart DDDD, i.e., December 1, 2003. 
Therefore, December 1, 2003 is the latest possible date by which 
complete applications for existing CISWI units can be submitted and 
still be considered timely. This date applies regardless of when the 
CISWI Federal plan becomes effective or when an EPA approved section 
111(d)/129 plan for existing CISWI units becomes effective. If, 
however, an earlier application deadline applies to an existing CISWI 
unit, then this deadline must be met in order for the unit to be in 
compliance with section 502(a) of the CAA. To determine when an 
application is due for an existing CISWI 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 CISWI unit

[[Page 70650]]

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 this Federal 
plan in order to operate after this date in compliance with Federal 
law.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    An application deadline earlier than either of the two dates noted 
above, i.e., December 1, 2003 or not later than 12 months after the 
effective date of this Federal plan, may apply to an existing CISWI 
unit if it is subject to title V for more than one reason. For example, 
an existing CISWI 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). See also 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 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 his 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 existing CISWI unit is a major source or is 
part of a major source, is subject to this Federal plan, and is already 
covered by a title V permit with a remaining permit term of 3 or more 
years on the effective date of this Federal plan, then the owner or 
operator will receive from his permitting authority a notice of intent 
to reopen his source's title V permit to include the requirements of 
this Federal plan. Reopenings required for such CISWI units must be 
completed not later than 18 months after the effective date of this 
Federal plan in accordance with the procedures established in 40 CFR 
70.7(f)(1)(i) or 71.7(f)(1)(i). If an existing CISWI unit subject to 
this Federal plan does not meet the above criteria, e.g., the unit is 
part of a nonmajor source or is covered by a permit which has a 
remaining term of less than 3 years on the effective date of this 
Federal plan, then the permitting authority does not need to reopen the 
source's permit, as a matter of Federal law, to include the 
requirements of this Federal plan.\5\ However, the owner or operator of 
a source subject to a section 111/129 Federal plan remains subject to, 
and must act in compliance with, section 111/129 requirements and all 
other applicable requirements to which the source is subject regardless 
of whether these requirements are included in a title V permit. See 40 
CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
---------------------------------------------------------------------------

    \5\ See CAA section 502(b)(9); 40 CFR 70.7(f)(1)(i) and 
71.7(f)(1)(i). Owners or operators of CISWI 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.
---------------------------------------------------------------------------

    The EPA has recently become aware that there has been some 
confusion regarding the Title V obligations of section 129 sources that 
are subject to standards or regulations under sections 111 and 129. We 
are therefore including the following chart to help clarify when CISWI 
units (even those not subject to this Federal plan) must apply for a 
title V permit. While the following chart provides specific information 
relative to CISWI units, the same title V obligations apply to all 
section 129 sources subject to standards or regulations under sections 
111 and 129. Of course, specific deadlines will vary for other section 
129 sources depending on when the relevant NSPS is promulgated, when 
the relevant State or Tribal section 111(d)/129 plan is approved by EPA 
and becomes effective, etc. Lastly, the following table takes into 
account that as of the promulgation date, i.e., December 1, 2000, for 
the NSPS (subpart CCCC of part 60) and emission guidelines (subpart 
DDDD of part 60) for CISWI units, every area of the country was covered 
by a title V permits program under 40 CFR part 70 or part 71. This 
point is relevant because a section 111/129 standard cannot trigger the 
requirement for a source to apply for a title V permit unless a title V 
permits program is in effect in the area in which the source is 
located.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                  Title V Permit Application Deadlines
------------------------------------------------------------------------
If a CISWI unit is a major source  Then a complete title V application
 or is part of a major source,      which covers the entire source \6\
 and had commenced operation as     is due not later than 12 months (or
 of the effective date of the       earlier if required by the title V
 relevant title V permits           permitting authority) after the
 program,                           effective date of the relevant title
                                    V permits program. See CAA section
                                    503(c) and 40 CFR 70.4(b)(11)(i),
                                    71.4(i)(1), 70.5(a)(1)(i) and
                                    71.5(a)(1)(i).
----------------------------------
If a CISWI unit is a major source  Then a complete title V application
 or is part of a major source,      which covers the entire source is
 but did not commence operation     due not later than 12 months (or
 until after the relevant title V   earlier if required by the title V
 permits program became             permitting authority) after the date
 effective,                         the source commences operation. See
                                    CAA section 503(c) and 40 CFR
                                    70.5(a)(1)(i) and 71.5(a)(1)(i).
----------------------------------

[[Page 70651]]

 
If a CISWI unit is a nonmajor      Then a complete title V application
 source or is part of a nonmajor    \7\ is due not later than 12 months
 source, is subject to the CISWI    after subpart CCCC was promulgated,
 NSPS (subpart CCCC of 40 CFR       i.e., December 1, 2001 (or earlier
 part 60), and had commenced        if required by the title V
 operation as of December 1,        permitting authority). See CAA
 2000,                              section 503(c) and 40 CFR
                                    70.5(a)(1)(i) and 71.5(a)(1)(i).
----------------------------------
If a CISWI unit is a nonmajor      Then a complete title V application
 source or is part of a nonmajor    \7\ is due not later than 12 months
 source, is subject to the CISWI    (or earlier if required by the title
 NSPS (subpart CCCC of 40 CFR       V permitting authority) after the
 part 60), but did not commence     date the source commences operation.
 operation until after December     See CAA section 503(c) and 40 CFR
 1, 2000,                           70.5(a)(1)(i) and 71.5(a)(1)(i).
----------------------------------
If a CISWI unit is a nonmajor      Then a complete title V application
 source or is part of a nonmajor    is due not later than 12 months (or
 source, and is subject to an EPA   earlier if required by the title V
 approved and effective State or    permitting authority) after the
 Tribal section 111(d)/129 plan,    effective date of the EPA approved
                                    State or Tribal section 11(d)/129
                                    plan.\8\ See CAA section 503(c) and
                                    40 CFR 70.5(a)(1)(i) and
                                    71.5(a)(1)(i). In no event, however,
                                    can such an existing CISWI unit
                                    submit a complete title V
                                    application after December 1, 2003
                                    and have it be considered timely.
                                    See CAA section 129(e) and 40 CFR
                                    62.14835 of subpart III.
----------------------------------
If a CISWI unit is a nonmajor      Then a complete title V application
 source or is part of a nonmajor    is due not later than 12 months (or
 source, and is subject to the      earlier if required by the title V
 CISWI Federal plan (subpart III    permitting authority) after the
 of 40 CFR part 62),                effective date of 40 CFR part 62,
                                    subpart III. See CAA section 503(c)
                                    and 40 CFR 70.5(a)(1)(i) and
                                    71.5(a)(1)(i). In no event, however,
                                    can such an existing CISWI unit
                                    submit a complete title V
                                    application after December 1, 2003
                                    and have it be considered timely.
                                    See CAA section 129(e) and 40 CFR
                                    62.14835 of subpart III.
----------------------------------
If a CISWI unit is required to     Then a complete title V application
 obtain a title V permit due to     is due not later than 12 months (or
 triggering more than one of the    earlier if required by the title V
 applicability criteria listed      permitting authority) after the unit
 above or in 40 CFR 70.3(a) or      triggers the criterion which first
 71.3(a),                           caused the unit to be subject to
                                    title V. See CAA section 503(c) and
                                    40 CFR 70.3(a) and (b), 70.5(a)(1),
                                    71.3(a) and (b) and 71.5(a)(1). In
                                    no event, however, can an existing
                                    CISWI unit submit a complete title V
                                    application after December 1, 2003
                                    and have it be considered timely.
                                    See CAA section 129(e) and 40 CFR
                                    62.14835 of subpart III.
----------------------------------
                        Reopening Title V Permits
------------------------------------------------------------------------
If a CISWI unit is a major source  Then the title V permitting authority
 or is part of a major source, is   must complete a reopening of the
 subject to the CISWI NSPS          source's title V permit to
 (subpart CCCC of 40 CFR part       incorporate the requirements of 40
 60), and is covered by a title V   CFR part 60, subpart CCCC not later
 permit with a remaining permit     than June 1, 2002. See CAA section
 term of 3 or more years on         502(b)(9); 40 CFR 70.7(f)(1)(i) and
 December 1, 2000,                  71.7(f)(1)(i).
----------------------------------
If a CISWI unit is a major source  Then the title V permitting authority
 or is part of a major source, is   must complete a reopening of the
 subject to an EPA approved and     source's title V permit to
 effective State or Tribal          incorporate the requirements of this
 section 111(d)/129 plan for        EPA approved and effective section
 CISWI units, and is covered by a   111(d)/129 plan not later than 18
 title V permit with a remaining    months after the effective date of
 term of 3 or more years on the     this plan. See CAA section
 effective date of the EPA          502(b)(9); 40 CFR 70.7(f)(1)(i) and
 approved section 111(d)/129        71.7(f)(1)(i).
 plan,
----------------------------------
If a CISWI unit is a major source  Then the title V permitting authority
 or is part of a major source, is   must complete a reopening of the
 subject to the CISWI Federal       source's title V permit to
 plan (supbart III of 40 CFR part   incorporate the requirements of
 62), and is covered by a title V   subpart III of 40 CFR part 62 not
 permit with a remaining permit     later than 18 months after the
 term of 3 or more years on the     effective date of the CISWI Federal
 effective date of this Federal     plan. See CAA section 502(b)(9); 40
 plan,                              CFR 70.7(f)(1)(i) and 71.7(f)(1)(i).
----------------------------------
              Updating Existing Title V Permit Applications
------------------------------------------------------------------------
If a CISWI unit is subject to the  Then the owner or operator must
 CISWI NSPS (subpart CCCC of 40     supplement the title V application
 CFR part 60), but first became     by including the applicable
 subject to title V permitting      requirements of 40 CFR part 60,
 prior to the promulgation of       subpart CCCC in accordance with 40
 this NSPS, and the owner or        CFR 70.5(b) or 71.5(b).
 operator of the unit has
 submitted a timely and complete
 title V permit application, but
 the draft title V permit has not
 yet been released by the
 permitting authority,
----------------------------------
If a CISWI unit is subject to an   Then the owner or operator must
 EPA approved and effective State   supplement the title V application
 or Tribal section 111(d)/129       by including the applicable
 plan for CISWI units, but first    requirements of the approved and
 became subject to title V          effective section 111(d)/129 plan in
 permitting prior to the            accordance with 40 CFR 70.5(b) or
 effective date of the section      71.5(b).
 111(d)/129 plan, and the owner
 or operator of the unit has
 submitted a timely and complete
 title V permit application, but
 the draft title V permit has not
 yet been released by the
 permitting authority,
----------------------------------

[[Page 70652]]

 
If a CISWI unit is subject to the  Then the owner or operator must
 CISWI Federal plan (subpart III    supplement the title V application
 of 40 CFR part 62), but first      by including the applicable
 became subject to title V          requirements of 40 CFR part 62,
 permitting prior to the            subpart III in accordance with 40
 effective date of this Federal     CFR 70.5(b) or 71.5(b).
 plan, and the owner or operator
 of the unit has submitted a
 timely and complete title V
 permit application, but the
 draft title V permit has not yet
 been released by the permitting
 authority,
------------------------------------------------------------------------
\6\ A title V application from a major source must address all emissions
  units at the title V source, not just the section 129 emissions unit.
  See 40 CFR 70.3(c)(1) and 71.3(c)(1). (For information on aggregating
  emissions units to determine what is a source under title V, see the
  definition of major source in 40 CFR 70.2, 71.2, and 63.2.)
\7\ Consistent with 40 CFR 70.3(c)(2) and 71.3(c)(2), a permit
  application from a nonmajor title V source is only required to address
  the emissions units which caused the source to be subject to title V.
  The requirements which trigger the need for the owner or operator of a
  nonmajor source to apply for a title V permit are found in 40 CFR
  70.3(a) and (b) and 71.3(a) and (b). Permits issued to these nonmajor
  sources must include all of the applicable requirements that apply to
  the triggering units, e.g., State Implementation Plan requirements,
  not just the requirements which caused the source to be subject to
  title V. See footnote 2 in Change to Definition of Major
  Source rule, November 27, 2001 (66 FR 59161, 59163).
\8\ If a CISWI unit becomes subject to an approved and effective State
  or Tribal section 111(d)/129 plan after being subject to an effective
  Federal plan, the CISWI unit is still required to file a complete
  title V application consistent with the application deadlines for
  units subject to the CISWI Federal plan.

?Title V and Delegation of a Federal Plan

    During the development of the Federal plan for Hospital/Medical/
Infectious Waste Incinerators (HMIWI), a State agency raised the 
question of whether a title V operating permits program could be used 
as a mechanism for transferring the authority to implement and enforce 
section 111/129 requirements from EPA to State and local agencies. See 
``Transfer of Authority'' section of final Federal plan for HMIWI, 
August 15, 2000 (65 FR 49868, 49873). The State agency noted that the 
proposal for that rulemaking described two mechanisms for transferring 
authority to State and local agencies following promulgation of the 
Federal plan. Those two mechanisms were: (1) The approval of 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 
delegation to a State or Tribe of the authority to implement and 
enforce the HMIWI Federal plan. The State asked EPA to recognize the 
Title V operating permits program as a third mechanism for transferring 
authority to State and local agencies. The commenter said that State 
and local agencies implement Title V programs and that Title V permits 
must include the requirements of the Federal plan. The commenter 
concluded that Title V permitting authorities already have 
implementation responsibility for the Federal plan through their Title 
V permits programs, regardless of whether the authority to implement 
the Federal plan is delegated to the State or local agency.
    In its response to the State, the EPA explained why the issuance of 
a Title V permit is not equivalent to the approval of a State plan or 
delegation of a Federal plan by focusing on situations in which a Title 
V permitting authority without delegation of a Federal plan could not 
implement and enforce section 111/129 requirements. This situation 
would arise any time a Title V permit was not in effect for a source 
subject to the section 111/129 Federal plan or where the permit did not 
contain the applicable section 111/129 requirements. For example, a 
title V source may be allowed to operate without a title V permit for a 
number of years in some cases between the time the source first 
triggers the requirement to apply for a permit and the issuance of the 
permit. The preamble to the final HMIWI Federal plan also noted that a 
source with a Title V permit with a permit term less than 3 years is 
not required by part 70 to have its permit reopened by a State or Tribe 
to include new applicable requirements such as the HMIWI standard.\9\ 
See 40 CFR 70.7(f)(1)(i).
---------------------------------------------------------------------------

    \9\ An owner or operator of a source subject to a section 111/
129 Federal plan remains subject to, and must act in compliance 
with, section 111/129 requirements and all other applicable 
requirements to which the source is subject regardless of whether 
these requirements are included in a title V permit. See 40 CFR 
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
---------------------------------------------------------------------------

    In addition to the explanation provided in the preamble to the 
final HMIWI Federal plan, there are additional State implementation and 
enforcement gaps which would not be addressed by implementing and 
enforcing the section 111/129 standard through a Title V permit. The 
following is an example of such a gap: Title V permits are not 
permanent. With two exceptions, all permits must be renewed at least 
every 5 years \10\. Although 40 CFR 70.4(b)(10) requires States to 
provide that a permit or the terms and conditions of a permit may not 
expire until the permit is renewed, this requirement only applies if a 
timely and complete application for a renewal permit has been submitted 
by the source, creating a potential gap. In contrast to the example, 
the two mechanisms that EPA has identified for transferring authority 
ensure that a State or Tribe can implement and enforce the section 111/
129 standards at all times.
---------------------------------------------------------------------------

    \10\ Under 40 CFR 70.4(b)(3)(iv), permitting authorities are 
allowed to issue permits for solid waste incineration units 
combusting municipal waste subject to standards under section 129(e) 
of the Act for a period not to exceed 12 years, provided that the 
permits are reviewed at least every 5 years. Permits with acid rain 
provisions must be issued for a fixed term of five years; shorter 
terms for such permits are not allowed.
---------------------------------------------------------------------------

    Legally, delegation of a standard or requirement results in a 
delegated State or Tribe standing in for EPA as a matter of Federal 
law. This means that obligations a source may have to the EPA under a 
federally promulgated standard become obligations to a State (except 
for functions that the EPA retains for itself) upon delegation.\11\ 
Although a State or Tribe may have the authority to incorporate section 
111/129 requirements into its title V permits, and implement and 
enforce these requirements in these permits without first taking 
delegation of the section 111/129 Federal plan, the State or Tribe is 
not standing in for EPA as a matter of Federal law in this situation. 
Where a State or Tribe does not take delegation of a section 111/129 
Federal plan, obligations that a source has to EPA under the Federal 
plan continue after a title V permit is issued to the source. As a 
result, the EPA continues to maintain that an approved part 70 
operating permits program cannot be used as a mechanism to transfer the 
authority to implement and enforce the Federal plan from the EPA to a 
State or Tribe.
---------------------------------------------------------------------------

    \11\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a State or Tribe may have the authority under 
State or Tribal law to incorporate section 111/129 requirements into 
its title V permits, and implement and enforce these requirements in 
that context without first taking delegation of the section 111/129 
Federal plan.\12\ Some States or

[[Page 70653]]

Tribes, however, may not be able to implement and enforce a section 
111/129 standard in a title V permit until the section 111/129 standard 
has been delegated. In these situations, a State or Tribe should not 
issue a part 70 permit to a source subject to a Federal plan before 
taking delegation of the section 111/129 Federal plan.
---------------------------------------------------------------------------

    \12\ The EPA interprets the phrase ``assure compliance'' in 
section 502(b)(5)(A) to mean that permitting authorities will 
implement and enforce each applicable standard, regulation, or 
requirement which must be included in the title V permits the 
permitting authorities issue. See definition of ``applicable 
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 
70.6(a)(1).
---------------------------------------------------------------------------

    If a State or Tribe can provide an Attorney General's (AG's) 
opinion delineating its authority to incorporate section 111/129 
requirements into its Title V permits, and then implement and enforce 
these requirements through its Title V permits without first taking 
delegation of the requirements, then a State or Tribe does not need to 
take delegation of the section 111/129 requirements for purposes of 
title V permitting.\13\ In practical terms, without approval of a State 
or Tribal plan, delegation of a Federal plan, or an adequate AG's 
opinion, States and Tribes with approved part 70 permitting programs 
open themselves up to potential questions regarding their authority to 
issue permits containing section 111/129 requirements, and to assure 
compliance with these requirements. Such questions could lead to the 
issuance of a notice of deficiency for a State's or Tribe's part 70 
program. As a result, prior to a State or Tribal permitting authority 
drafting a part 70 permit for a source subject to a section 111/129 
Federal plan, the State or Tribe, EPA Regional Office, and source in 
question are advised to ensure that delegation of the relevant Federal 
plan has taken place or that the permitting authority has provided to 
the EPA Regional Office an adequate AG's opinion.
---------------------------------------------------------------------------

    \13\ It is important to note that an AG's opinion submitted at 
the time of initial title V program approval is sufficient if it 
demonstrates that a State or Tribe has adequate authority to 
incorporate section 111/129 requirements into its title V permits, 
and to implement and enforce these requirements through its title V 
permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's 
opinion and not take delegation of a Federal plan, a section 111/129 
source subject to the Federal plan in that State must simultaneously 
submit to both EPA and the State or Tribe all reports required by the 
standard to be submitted to the EPA. Given that these reports are 
necessary to implement and enforce the section 111/129 requirements 
when they have been included in title V permits, the permitting 
authority needs to receive these reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an 
AG's opinion and not take delegation of a Federal plan, EPA Regional 
Offices will be responsible for implementing and enforcing section 111/
129 requirements outside of any title V permits. Moreover, in this 
situation, EPA Regional Offices will continue to be responsible for 
developing progress reports, entering emissions data into the 
Aerometric Information Retrieval System (AIRS)/AIRS Facility Subsystem 
(AFS), and conducting any other administrative functions required under 
this Federal plan or any other section 111/129 Federal plan. See 
Section III.J. of this preamble titled ``Progress Reports'; section 
II.J. of the proposed Federal plan for HMIWI, July 6, 1999 (64 FR 
36426, 36431); 40 CFR 60.25(e), and Appendix D of 40 CFR part 60.
    It is important to note that the EPA is not using its authority 
under 40 CFR 70.4(i)(3) to request that all States and Tribes which do 
not take delegation of this Federal plan submit supplemental AG's 
opinions at this time. However, the EPA Regional Offices shall request, 
and permitting authorities shall provide, such opinions when the EPA 
questions a State's or Tribe's authority to incorporate section 111/129 
requirements into a title V permit, and implement and enforce these 
requirements in that context without delegation.
    Lastly, the EPA would like to correct and clarify the following 
sentences from the ``Transfer of Authority'' section of the preamble to 
the final HMIWI Federal plan (65 FR 49868, 49873): ``Prior to 
delegation, only the EPA will have enforcement authority. In neither 
instance does the title V permit status of a source affect the 
enforcement responsibility of EPA and the State or Tribal permitting 
authorities.'' In situations where a State or Tribe is subject to a 
section 111/129 Federal plan and does not take delegation of the 
Federal plan, the following applies: Prior to delegation, only EPA can 
implement and enforce section 111/129 requirements outside of a title V 
permit. Whenever there is a title V permit in effect which includes 
section 111/129 requirements, however, EPA and the State or Tribe have 
dual authority to implement and enforce the section 111/129 
requirements in the title V permit. When a State or Tribe has not taken 
delegation of a section 111/129 Federal plan, the previous sentence is 
relevant only in situations where a State or Tribe has the authority to 
incorporate section 111/129 requirements into title V permits, and to 
implement and enforce these requirements in title V permits without 
delegation.

VIII. Administrative Requirements

    This section addresses the following administrative requirements: 
Docket, Public Hearing, Executive Orders 12866, 13132, 13175, 13045, 
and 13211, Unfunded Mandates Reform Act, Regulatory Flexibility Act, 
Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act, Paperwork Reduction Act, and the National Technology 
Transfer and Advancement Act. Since today's rule simply proposes to 
implement the CISWI emission guidelines (40 CFR part 60, subpart DDDD) 
as promulgated on December 1, 2000, and does not impose any new 
requirements, much of the following discussion of administrative 
requirements refers to the documentation of applicable administrative 
requirements as discussed in the preamble to the rule promulgating the 
emission guidelines (65 FR 75338, December 1, 2000).

A. Docket

    The docket is intended to be an organized and complete file of the 
administrative records compiled by EPA. The docket is a dynamic file 
because material is added throughout the rulemaking process. The 
docketing system is intended to allow members of the public and 
industries involved to readily identify and locate documents so they 
can effectively participate in the rulemaking process. Along with 
proposed and promulgated standards and their preambles, the contents of 
the docket (with limited exceptions) will serve as the record in the 
case of judicial review. See section 307(d)(7)(A) of the CAA.
    As discussed above, a docket has been prepared for this action 
pursuant to the procedural requirements of section 307(d) of the CAA, 
42 U.S.C. 7607(d). Supporting information is included in Docket A-2000-
52. Docket number A-94-63 contains the technical support for the final 
emission guidelines, 40 CFR part 60, subpart DDDD. Docket A-2000-52 
incorporates all of the information in Docket A-94-63.

B. Public Hearing

    A public hearing will be held, if requested, to discuss the 
proposed standards in accordance with section 307(d)(5) of the CAA. 
Persons wishing to make oral presentations on the proposed standards 
should contact EPA (see ADDRESSES). If a public hearing is requested 
and held, EPA will ask clarifying questions during the oral

[[Page 70654]]

presentation but will not respond to the presentations or comments. To 
provide an opportunity for all who may wish to speak, oral 
presentations will be limited to 15 minutes each. Any member of the 
public may file a written statement on or before January 24, 2003. 
Written statements should be addressed to the Air and Radiation Docket 
and Information Center (see ADDRESSES), and refer to Docket No. A-2000-
52. Written statements and supporting information will be considered 
with equivalent weight as any oral statement and supporting information 
subsequently presented at a public hearing, if held. A verbatim 
transcript of the hearing and written statements will be placed in the 
docket and be available for public inspection and copying, or mailed 
upon request, at the Air and Radiation Docket and Information Center 
(see ADDRESSES).

C. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, 58 FR 51735 (October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to OMB review and the requirements of the Executive 
Order. The order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely 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 impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The EPA considered the 2000 emission guidelines to be significant 
and the rules were reviewed by OMB in 2000. See 65 FR 75338, December 
1, 2000. The Federal plan promulgated today would simply implement the 
2000 emission guidelines and does not result in any additional control 
requirements or impose any additional costs above those previously 
considered during promulgation of the 2000 emission guidelines. 
Therefore, this regulatory action is considered ``not significant'' 
under Executive Order 12866.

D. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires us to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have Federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This rule establishes emission 
limits and other requirements for solid waste incineration units that 
are not covered by an EPA-approved and effective State or Tribal plan. 
The EPA is required by section 129 of the CAA, 42 U.S.C. 7429, to 
establish the standards for such units. This regulation primarily 
affects private industry and does not impose significant economic costs 
on State or local governments. The standards established by this rule 
apply to facilities that operate commercial or industrial solid waste 
incineration units located in States that do not have EPA-approved 
plans covering such units by the effective date of the promulgated 
Federal plan (and the owners or operators of such facilities). The 
regulation does not include an express provision preempting State or 
local regulations. However, once this Federal plan is in effect, 
covered facilities would be subject to the standards established by 
this rule, regardless of any less protective State or local regulations 
that contain emission limitations for the pollutants addressed by this 
rule. To the extent that this might preempt State or local regulations, 
it does not significantly affect the relationship between the national 
government and the States, or the distribution of power and 
responsibilities among the various levels of government. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule; and EPA has complied with the requirements of section 4(e), to 
the extent that they may be applicable to the regulations, by providing 
notice to potentially affected State and local officials through 
publication of this rule.
    Although section 6 of Executive Order 13132 does not apply to this 
rule, EPA consulted with representatives of State and local governments 
to enable them to provide meaningful and timely input into the 
development of the CISWI emission guidelines. This consultation took 
place during the Industrial Combustion Coordinated Rulemaking Federal 
Advisory Committee Act committee meetings, where members representing 
State and local governments participated in developing recommendations 
for our combustion-related rulemakings, including the CISWI emission 
guidelines. Additionally, EPA sponsored the Small Communities Outreach 
Project, which involved meetings with elected officials and other 
government representative to provide them with information about the 
CISWI emission guidelines and to solicit their comments. The concerns 
raised by representative of State and local governments were considered 
during the development of the CISWI emission guidelines.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

E. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175.
    The EPA knows of no CISWI units presently owned by Indian tribal

[[Page 70655]]

governments. However, if any exist now or in the future, the rule would 
not have tribal implications on these tribal governments as defined by 
the Executive Order. This Federal plan simply implements the 2000 
emission guidelines. It does not result in any additional control 
requirements nor imposes any additional costs above those previously 
considered during promulgation of the 2000 emission guidelines. Thus, 
the requirements of Executive Order 13175 do not apply.

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

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

G. Executive Order 13211: Energy Effects

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 F.R. 28355 (May 22, 2001)) because it is not 
a significant regulatory action under Executive Order 12866.

H. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year.
    Before promulgating a rule for which a written statement is needed, 
section 205 of the UMRA generally requires us 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 us to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, EPA must develop under section 203 of the UMRA a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, thereby enabling officials of affected 
small governments to have meaningful and timely input in the 
development of the regulatory proposal with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. The environmental impact analysis for the 
emission guidelines estimates the total national annualized cost impact 
of this regulatory action at $11.6 million per year (Docket A-94-63). 
This proposed Federal plan will apply to only a subset of the units 
considered in the environmental impacts analysis for the emission 
guidelines. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA. Additionally, EPA has determined that 
this rule contains no regulatory requirements that might significantly 
or uniquely affect small governments, because commercial and industrial 
units are not likely to be owned by small governments.

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

    The Regulatory Flexibility Act (RFA) of 1980, as amended by the 
Small Business Regulatory Enforcement Fairness (SBREFA), 5 U.S.C. 601 
et seq., generally requires Federal agencies to conduct a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements, unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include businesses, small not-for-profit 
enterprises, and small governmental jurisdictions. For purposes of 
assessing the impacts of today's rule on small entities, small entity 
is defined as: (1) A small business that has less than 500 employees; 
(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; and (3) a small organization that is any not-for-
profit enterprise that is independently owned and operated and is not 
dominant in its field. The SBA guidelines define a small business based 
on number of employees or annual revenues and the size standards vary 
from industry to industry. Generally, businesses covered by the North 
American Industrial Classification System (NAICS) codes affected by 
this rule are considered small if they have less than 500 employees or 
less than $5 million in annual sales.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    During the 2000 CISWI emission guidelines rulemaking, EPA 
determined that based on the low number of affected small entities in 
each individual market, the alternative method of waste disposal 
available, and the relatively low control cost, the CISWI emission 
guidelines should not generate a significant small business impact on a 
substantial number of small entities in the commercial and industrial 
sectors. The EPA determined that it was not necessary to prepare a 
regulatory flexibility analysis in connection with the final emission 
guidelines. The EPA has also determined that the final emission 
guidelines would not have a significant economic impact on a 
substantial number of small entities (65 FR 75348). This Federal plan 
would not establish any new requirements. Therefore, pursuant to the 
provisions of 5 U.S.C. 605(b), EPA has determined that this proposed 
Federal plan will not have a significant impact on a substantial number 
of small entities, and thus a regulatory flexibility analysis is not 
required.

[[Page 70656]]

J. Paperwork Reduction Act

    The information collection requirements have been submitted for 
approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. An information collection request (ICR) document has been prepared 
for the emission guidelines (ICR No. 1927.02 for subpart DDDD) and 
copies may be obtained from Susan Auby by mail at U.S. Environmental 
Protection Agency, Office of Environmental Information; Collection 
Strategies Division (2822T); 1200 Pennsylvania Avenue, NW.; Washington, 
DC 20460, by e-mail at [email protected], or by calling (202) 566-
1672. Copies may also be downloaded from the internet at http://www.epa.gov/icr.
    This ICR reflects the burden estimate for the emission guidelines 
which were promulgated in the Federal Register on December 1, 2000. The 
burden estimate includes the burden associated with State or Tribal 
plans as well as the burden associated with the proposed Federal plan. 
Consequently, the burden estimates described below overstate the 
information collection burden associated with the Federal plan. 
However, upon approval by EPA, a State or Tribal plan becomes Federally 
enforceable. Therefore, it is important to estimate the full burden 
associated with the State or Tribal plans and the Federal plan. As 
State or Tribal plans are approved, the Federal plan burden will 
decrease, but the overall burden of the State or Tribal plans and the 
Federal plan will remain the same.
    The Federal plan contains monitoring, reporting, and recordkeeping 
requirements. The information will be used to ensure that the Federal 
plan requirements are met on a continuous basis. Records and reports 
will be necessary to enable us to identify waste incineration units 
that may not be in compliance with the Federal plan requirements. Based 
on reported information, EPA would decide which units and what records 
or processes should be inspected. The records that owners and operators 
of existing CISWI units maintain will indicate to EPA whether personnel 
are operating and maintaining control equipment property.
    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to us for which a claim of confidentiality is made will be 
safeguarded according to our policies in 40 CFR part 2, subpart B, 
Confidentiality of Business Information.
    The estimated average annual burden for the first 3 years after 
promulgation of the emission guidelines for industry and the 
implementing agency is outlined below.

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

    The EPA expects the Federal plan to affect a maximum of 116 units 
over the first 3 years. (Note: This assumes that no State plans are in 
effect.) The EPA assumes that 6 existing units will be replaced by 6 
new units each year. There are no capital, start-up, or operation and 
maintenance costs for existing units during the first 3 years. The 
implementing agency would not incur any capital or start-up costs.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose, or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control number for this 
proposed rule and for the emissions guidelines which it implements is 
2060-0451. The OMB control numbers for our regulations are listed in 40 
CFR part 9 and 48 CFR chapter 15.

K. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272) directs EPA to use 
voluntary consensus standards in 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, 3A, 3B, 5, 6, 6C, 7, 7A, 
7C, 7D, 7E, 9, 10, 10A, 10B, 23, 26A, and 29. Consistent with the 
NTTAA, EPA conducted searches to identify voluntary consensus standards 
in addition to these EPA methods. No applicable voluntary consensus 
standards were identified for EPA Methods 7A, 7D, 9, and 10B. The 
search and review results have been documented and are placed in the 
Docket No. A-2000-52 for this proposed plan.
    This search for emission measurement procedures identified 24 
voluntary consensus standards. The EPA determined that 20 of these 24 
standards were impractical alternatives to EPA test methods 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 20 methods are discussed below.
    The standard, ASTM D3162 (1994) ``Standard Test Method for Carbon 
Monoxide in the Atmosphere (Continuous Measurement by Nondispersive 
Infrared Spectrometry),'' is impractical as an alternative to EPA 
Method 10 in this proposed Federal plan because this ASTM standard, 
which is stated to be applicable in the range of 0.5-100 ppm CO, does 
not cover the potential range in the plan (up to 157 ppm). Whereas EPA 
Method 10 has a range from 20-1000 ppm CO. Also, ASTM D3162 does not 
provide a procedure to remove carbon dioxide interference. Therefore, 
this ASTM standard is not appropriate for combustion source conditions. 
In terms of NDIR instrument performance

[[Page 70657]]

specifications, ASTM D3162 has much higher maximum allowable rise and 
fall times (5 minutes) than EPA Method 10 (which has 30 seconds). 
However, it should be noted that ASTM D3162 has more quality control 
requirements than EPA Method 10 in terms of instrument calibration 
procedures, span gas cylinder validation procedures, and operational 
checks.
    The standard ASTM E1979-98 (1998), ``Standard Practice for 
Ultrasonic Extraction of Paint, Dust, Soil, and Air Samples for 
Subsequent Determination of Lead,'' is impractical as an alternative to 
EPA Method 29 in this proposed Federal plan. This ASTM standard does 
not require the use of hydrogen fluoride (HF) as in EPA Method 29 and, 
therefore, it 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 this ASTM standard requires cellulose 
filters and other probable nonglass fiber media which cannot be 
considered equivalent to EPA Method 29.
    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 Method 26A. Part 3 of this standard cannot be considered 
equivalent to EPA Method 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 
Method 26A uses 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.
    The following ten methods are impractical alternatives to EPA test 
methods 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 and 
3B; 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; 
ASME C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas 
Analyses,'' for EPA Methods 6 and 7; ASTM D1608-98, ``Test Method for 
Oxides of Nitrogen in Gaseous Combustion Products (Pheno-Disulfonic 
Acid Procedures),'' for EPA Method 7; ISO 7934:1998, ``Stationary 
Source Emissions--Determination of the Mass Concentration of Sulfur 
Dioxide--Hydrogen Peroxide/Barium Perchlorate/Thorin Method,'' for EPA 
Method 6; ISO 11564:1998, ``Stationary Source Emissions--Determination 
of the Mass Concentration of Nitrogen Oxides--NEDA 
(naphthylethylenediamine)/Photometric Method,'' for EPA Methods 7 and 
7C; 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; and 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.
    The following seven methods are impractical alternatives to EPA 
test methods for the purposes of this Federal plan because they lacked 
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; CAN/CSA Z223.1-M1977, ``Method 
for the Determination of Particulate Mass Flows in Enclosed Gas 
Streams,'' for EPA Method 5; ISO 11632:1998, ``Stationary Source 
Emissions--Determination of the Mass Concentration of Sulfur Dioxide--
Ion Chromatography,'' for EPA Method 6; CAN/CSA Z223.24-M1983, ``Method 
for the Measurement of Nitric Oxide and Nitrogen Dioxide in Air,'' for 
EPA Method 7; 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 24 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: ISO/DIS 12039, ``Stationary 
Source Emissions--Determination of Carbon Monoxide, Carbon Dioxide, and 
Oxygen--Automated Methods,'' for EPA Method 3A; ASTM Z6449Z, ``Standard 
Method for the Determination of Sulfur Dioxide in Stationary Sources,'' 
for EPA Method 6; ASTM Z6590Z, ``Manual Method for Both Speciated and 
Elemental Mercury,'' for EPA Method 29 (portion for mercury only); prEN 
13211 (1998), ``Air Quality--Stationary Source Emissions--Determination 
of the Concentration of Total Mercury,'' for EPA Method 29 (portion for 
mercury only). While EPA is not proposing to include these four 
voluntary consensus standards in today's proposed plan, 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 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).
    Table 1 of proposed Subpart III lists the EPA testing methods 
included in the emission Federal Plan Requirements for Commercial and 
Industrial Solid Waste Incinerators. Under 40 CFR 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.

List of Subjects in 40 CFR Part 62

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

    Dated: November 6, 2002.
Christine Todd Whitman,
Administrator.
    40 CFR part 62 is proposed to be amended as follows:

[[Page 70658]]

PART 62--[AMENDED]

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

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

    2. Amend Sec.  62.13 by adding paragraph (d) to read as follows:


Sec.  62.13  Federal plans.

* * * * *
    (d) The substantive requirements of the Commercial and industrial 
solid waste incineration units Federal plan are contained in subpart 
III of this part. These requirements include emission limits, 
compliance schedules, testing, monitoring, and reporting and 
recordkeeping requirements.
    3. Amend part 62 by adding subpart III to read as follows:

Subpart III--Federal Plan Requirements for Commercial and 
Industrial Solid Waste Incineration Units That Commenced 
Construction on or Before November 30, 1999

Introduction

Sec.
62.14500 What is the purpose of this subpart?
62.14505 What are the principal components of this subpart?

Applicability

62.14510 Am I subject to this subpart?
62.14515 Can my CISWI unit be covered by both a State plan and this 
subpart?
62.14520 How do I determine if my CISWI unit is covered by an 
approved and effective State or Tribal plan?
62.14521 If my CISWI unit is not listed in the Federal plan 
inventory, am I exempt from this subpart?
62.14525 Can my combustion unit be exempt from this subpart?
62.14530 What if I have a chemical recovery unit that is not listed 
in Sec.  62.14525(n)?
62.14531 When must I submit any records required pursuant to an 
exemption allowed under Sec.  62.14525?

Compliance Schedule and Increments of Progress

62.14535 When must I comply with this subpart if I plan to continue 
operation of my CISWI unit?
62.14536 What steps are required to request an extension of the 
initial compliance date if I plan to continue operation of my CISWI 
unit?
62.14540 When must I complete each increment of progress?
62.14545 What must I include in each notification of achievement of 
an increment of progress?
62.14550 When must I submit a notification of achievement of the 
first increment of progress?
62.14555 What if I do not meet an increment of progress?
62.14560 How do I comply with the increment of progress for 
submittal of a control plan?
62.14565 How do I comply with the increment of progress for 
achieving final compliance?
Sec.  62.14570 What must I do if I plan to permanently close my 
CISWI unit?
Sec.  62.14575 What must I do if I close my CISWI unit and then 
restart it?

Waste Management Plan

62.14580 What is a waste management plan?
62.14585 When must I submit my waste management plan?
62.14590 What should I include in my waste management plan?

Operator Training and Qualification

62.14595 What are the operator training and qualification 
requirements?
62.14600 When must the operator training course be completed?
62.14605 How do I obtain my operator qualification?
62.14610 How do I maintain my operator qualification?
62.14615 How do I renew my lapsed operator qualification?
62.14620 What site-specific documentation is required?
62.14625 What if all the qualified operators are temporarily not 
accessible?

Emission Limitations and Operating Limits

62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14536 What steps are required to request an extension of the 
initial compliance date if I plan to continue operation of my CISWI 
unit?
62.14640 What if I do not use a wet scrubber to comply with the 
emission limitations?
62.14645 What happens during periods of startup, shutdown, and 
malfunction?

Performance Testing

62.14650 How do I conduct the initial and annual performance test?
62.14655 How are the performance test data used?

Initial Compliance Requirements

62.14660 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
62.14665 By what date must I conduct the initial performance test?

Continuous Compliance Requirements

62.14670 How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?
62.14675 By what date must I conduct the annual performance test?
62.14680 May I conduct performance testing less often?
62.14685 May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

62.14690 What monitoring equipment must I install and what 
parameters must I monitor?
62.14695 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

62.14700 What records must I keep?
62.14705 Where and in what format must I keep my records?
62.14710 What reports must I submit?
62.14715 When must I submit my waste management plan?
62.14720 What information must I submit following my initial 
performance test?
62.14725 When must I submit my annual report?
62.14730 What information must I include in my annual report?
62.14735 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
62.14740 What must I include in the deviation report?
62.14745 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
62.14750 Are there any other notifications or reports that I must 
submit?
62.14755 In what form can I submit my reports?
62.14760 Can reporting dates be changed?

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

62.14765 What is an air curtain incinerator?
62.14770 When must I achieve final compliance?
62.14795 How do I achieve final compliance?
62.14805 What must I do if I close my air curtain incinerator and 
then restart it?
62.14810 What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?
62.14815 What are the emission limitations for air curtain 
incinerators that burn 100 percent wood wastes and clean lumber?
62.14820 How must I monitor opacity for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?
62.14825 What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn 100 percent wood wastes and clean 
lumber?

Title V Requirements

62.14830 Does this subpart require me to obtain an operating permit 
under title V of the Clean Air Act?
62.14835 When must I submit a title V permit application for my 
existing CISWI unit?

Definitions

62.14840 What definitions must I know?

Tables

Table 1 of Subpart III of Part 62--Emission Limitations
Table 2 of Subpart III of Part 62--Operating Limits for Wet 
Scrubbers
Table 3 of Subpart III of Part 62--Toxic Equivalency Factors
Table 4 of Subpart III of Part 62--Summary of Reporting Requirements

[[Page 70659]]

Introduction


Sec.  62.14500  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from commercial and industrial 
solid waste incineration (CISWI) units that are not covered by an EPA 
approved and currently effective State or Tribal plan. The pollutants 
addressed by these emission requirements are listed in Table 1 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.
    (b) In this subpart, you means the owner or operator of a CISWI 
unit.


Sec.  62.14505  What are the principal components of this subpart?

    This subpart contains the eleven major components listed in 
paragraphs (a) through (k) of this section.
    (a) Increments of progress toward compliance.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.

Applicability


Sec.  62.14510  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
commercial and industrial solid waste incinerator (CISWI) unit as 
defined in Sec.  62.14840 and the CISWI unit meets the criteria 
described in paragraphs (a)(1) through (a)(3) of this section.
    (1) Construction of your CISWI unit commenced on or before November 
30, 1999.
    (2) Your CISWI unit is not exempt under Sec.  62.14525.
    (3) Your CISWI unit is not regulated by an EPA approved and 
currently effective State or Tribal plan, or your CISWI unit is located 
in any State whose approved State or Tribal plan is subsequently 
vacated in whole or in part.
    (b) If you made changes after June 1, 2001 that meet the definition 
of modification or reconstruction after promulgation of the final 40 
CFR part 60, subpart CCCC (New Source Performance Standards for 
Commercial and Industrial Solid Waste Incineration Units), your CISWI 
unit is subject to subpart CCCC of 40 CFR part 60 and this subpart no 
longer applies to that unit.
    (c) If you make physical or operational changes to your existing 
CISWI unit primarily to comply with this subpart, then such changes do 
not qualify as modifications or reconstructions under subpart CCCC of 
40 CFR part 60.


Sec.  62.14515  Can my CISWI unit be covered by both a State plan and 
this subpart?

    (a) If your CISWI unit is located in a State that does not have an 
EPA-approved State plan or your State's plan has not become effective, 
this subpart applies to your CISWI unit until EPA approves a State plan 
that covers your CISWI unit and that State plan becomes effective. 
However, a State may enforce the requirements of a State regulation 
while your CISWI unit is still subject to this subpart.
    (b) After the EPA approves a State plan covering your CISWI unit, 
and after that State plan becomes effective, you will no longer be 
subject to this subpart and will only be subject to the approved and 
effective State plan.


Sec.  62.14520  How do I determine if my CISWI unit is covered by an 
approved and effective State or Tribal plan?

    This part (40 CFR part 62) contains a list of State and Tribal 
areas with approved Clean Air Act section 111(d) and section 129 plans 
along with the effective dates for such plans. The list is published 
annually. 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 EPA has approved a State plan covering your unit since 
publication of the most recent version of this subpart.


Sec.  62.14521  If my CISWI unit is not listed in the Federal plan 
inventory, am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart are not limited to 
the inventory of sources listed in Docket A-2000-52 for the Federal 
plan. If your CISWI units meets the applicability criteria in Sec.  
62.14510, this subpart applies to you whether or not your unit is 
listed in the Federal plan inventory in the docket.


Sec.  62.14525  Can my combustion unit be exempt from this subpart?

    This subpart exempts fifteen types of units described in paragraphs 
(a) through (o) of this section except for the requirements specified 
in this section and in Sec.  62.14531.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste as defined in Sec.  62.14840 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (b) Agricultural waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
agricultural wastes as defined in Sec.  62.14840 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.
    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraphs (c)(1) or (2) of 
this section.
    (1) Units that are regulated under subpart Ea of 40 CFR part 60 
(Standards of Performance for Municipal Waste Combustors); subpart Eb 
of 40 CFR part 60 (Standards of Performance for Municipal Waste 
Combustors for Which Construction is Commenced After September 20, 
1994); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance 
Times for Large Municipal Waste Combustors Constructed on or Before 
September 20, 1994); subpart AAAA of 40 CFR part 60 (Standards of 
Performance for New Stationary Sources: Small Municipal Waste 
Combustion Units); or subpart BBBB of 40 CFR part 60 (Emission 
Guidelines for Existing Stationary Sources: Small Municipal Waste 
Combustion Units).
    (2) Units that burn greater than 30 percent municipal solid waste 
or refuse-derived fuel, as defined in 40 CFR part 60 subpart Ea, 
subpart Eb, subpart AAAA, and subpart BBBB, and that have the capacity 
to burn less than 35 tons (32 megagrams) per day of municipal solid 
waste or refuse-derived fuel, if you meet the two requirements

[[Page 70660]]

in paragraphs (c)(2)(i) and (ii) of this section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of 40 CFR part 60 (Standards of Performance for 
Hospital/Medical/Infectious Waste Incinerators for Which Construction 
is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan 
Requirements for Hospital/Medical/Infectious Waste Incinerators 
Constructed on or before June 20, 1996).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (3) of this 
section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units regulated under subpart 
EEE of part 63 (National Emission Standards for Hazardous Air 
Pollutants from Hazardous Waste Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
100 percent wood waste and clean lumber are only required to meet the 
requirements under ``Air Curtain Incinerators That Burn 100 Percent 
Wood Wastes and Clean Lumber'' (Sec. Sec.  62.14765 through 62.14825) 
and the title V operating permit requirements (Sec. Sec.  62.14830 and 
62.14835).
    (j) Cyclonic barrel burners.
    (k) Rack, part, and drum reclamation units.
    (l) Cement kilns.
    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of 40 CFR part 60 (Standards of Performance for Sewage 
Treatment Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The seven types of units described in 
paragraphs (n)(1) through (7) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide 
that is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
    (o) Laboratory units. Units that burn samples of materials for the 
purpose of chemical or physical analysis.


Sec.  62.14530  What if I have a chemical recovery unit that is not 
listed in Sec.  62.14525(n)?

    (a) If you have a recovery unit that is not listed in Sec.  
62.14525(n), you can petition the Administrator to add the unit to the 
list. The petition must contain the six items in paragraphs (a)(1) 
through (6) of this section.
    (1) A description of the source of the materials being burned.
    (2) A description of the composition of the materials being burned, 
highlighting the chemical constituents in these materials that are 
recovered.
    (3) A description (including a process flow diagram) of the process 
in which the materials are burned, highlighting the type, design, and 
operation of the equipment used in this process.
    (4) A description (including a process flow diagram) of the 
chemical constituent recovery process, highlighting the type, design, 
and operation of the equipment used in this process.
    (5) A description of the commercial markets for the recovered 
chemical constituents and their use.
    (6) The composition of the recovered chemical constituents and the 
composition of these chemical constituents as they are bought and sold 
in commercial markets.
    (b) Until the Administrator approves the petition, the incineration 
unit is covered by this subpart.
    (c) If a petition is approved, the Administrator will amend Sec.  
62.14525(n) to add the unit to the list of chemical recovery units.


Sec.  62.14531  When must I submit any records required pursuant to an 
exemption allowed under Sec.  62.14525?

    Owners or operators of sources that qualify for the exemptions in 
Sec.  62.14525(a) through (o) must submit any records required to 
support their claims of exemption to the EPA Administrator (or 
delegated enforcement authority) upon request. Upon request by any 
person under the regulation at part 2 of this chapter (or a comparable 
law or regulation governing a delegated enforcement authority), the EPA 
Administrator (or delegated enforcement authority) must request the 
records in Sec.  62.14525(a) through (o) from an owner or operator and 
make such records available to the requestor to the extent required by 
part 2 of this chapter (or a comparable law governing a delegated 
enforcement authority). Any records required under Sec.  62.14525(a) 
through (o) must be maintained by the source for a period of at least 5 
years. Notifications of exemption claims required under Sec.  
62.14525(a) through (o) of this section must be maintained by the EPA 
or delegated enforcement authority for a period of at least 5 years. 
Any information obtained from an owner or operator of a source 
accompanied by a claim of confidentiality will be treated in accordance 
with the regulations in part 2 of this chapter (or a comparable law 
governing a delegated enforcement authority).

[[Page 70661]]

Compliance Schedule and Increments of Progress


Sec.  62.14535  When must I comply with this subpart if I plan to 
continue operation of my CISWI unit?

    If you plan to continue operation of your CISWI unit, then you must 
follow the requirements in paragraph (a) or (b) of this section 
depending on when you plan to come into compliance with the 
requirements of this subpart.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by the date one year after 
promulgation of the CISWI Federal plan in the Federal Register, then 
you must complete the requirements of paragraphs (a)(1) through (a)(5) 
of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by the date one year after promulgation of the CISWI Federal 
plan in the Federal Register.
    (2) You must submit a waste management plan no later than the date 
six months after promulgation of the CISWI Federal plan in the Federal 
Register.
    (3) You must achieve final compliance by the date one year after 
promulgation of the CISWI Federal plan in the Federal Register. To 
achieve final compliance, you must incorporate all process changes and 
complete retrofit construction of control devices, as specified in the 
final control plan, so that, if the affected CISWI unit is brought 
online, all necessary process changes and air pollution control devices 
would operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (a)(3) of this section.
    (5) You must submit an initial report including the results of the 
initial performance test no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after the date one year after 
promulgation of the CISWI Federal plan in the Federal Register, but 
before the date two years after promulgation of the CISWI Federal plan 
in the Federal Register, you must petition for and be granted an 
extension of the final compliance date specified Sec.  62.14535(a)(3) 
by meeting the requirements of Sec.  62.14536 and you must meet the 
requirements for increments of progress specified in Sec.  62.14540 
through Sec.  62.14565. To achieve the final compliance increment of 
progress, you must complete the requirements of paragraphs (b)(1) 
through (b)(5) of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by the date one year after promulgation of the CISWI Federal 
plan in the Federal Register.
    (2) You must submit a waste management plan no later than the date 
six months after promulgation of the CISWI Federal plan in the Federal 
Register.
    (3) You must achieve final compliance by the date two years after 
promulgation of the CISWI Federal plan in the Federal Register. For the 
final compliance increment of progress, you must incorporate all 
process changes and complete retrofit construction of control devices, 
as specified in the final control plan, so that, when the affected 
CISWI unit is brought online, all necessary process changes and air 
pollution control devices operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (b)(3) of this section.
    (5) You must submit an initial report including the result of the 
initial performance no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).


Sec.  62.14536  What steps are required to request an extension of the 
initial compliance date if I plan to continue operation of my CISWI 
unit?

    If you plan to continue operation and want to come into compliance 
with the requirements of this subpart after the date one year after 
promulgation of the CISWI Federal plan in the Federal Register, but 
before the date two years after promulgation of the CISWI Federal plan 
in the Federal Register, then you must petition to the Administrator to 
grant you an extension by following the procedures outlined in 
paragraphs (a) and (b) of this section.
    (a) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) on or before the 
date two months after promulgation of the CISWI Federal plan in the 
Federal Register.
    (b) Your request must include documentation of the analyses 
undertaken to support your need for an extension, including an 
explanation of why you are unable to meet the final compliance date 
specified in Sec.  62.14535(a)(3) and why your requested extension date 
is needed to provide sufficient time for you to design, fabricate, and 
install the emissions control systems necessary to meet the 
requirements of this subpart. A request based upon the avoidance of 
costs of meeting provisions of this Subpart is not acceptable and will 
be denied.


Sec.  62.14540  When must I complete each increment of progress?

    If you plan to come into compliance after the date one year after 
promulgation of the CISWI Federal plan in the Federal Register, you 
must meet the two increments of progress specified in paragraphs (a) 
and (b) of this section.
    (a) Increment 1. Submit a final control plan by the date 6 months 
after promulgation of the CISWI Federal plan in the Federal Register.
    (b) Increment 2. Reach final compliance by the date 2 years after 
promulgation of the CISWI Federal plan in the Federal Register.


Sec.  62.14545  What must I include in each notification of achievement 
of an increment of progress?

    Your notification of achievement of an increment of progress must 
include the four items specified in paragraphs (a) through (d) of this 
section.
    (a) Notification of the date that the increment of progress has 
been achieved.
    (b) Any items required to be submitted with each increment of 
progress.
    (c) Signature of the owner or operator of the CISWI unit.
    (d) The date you were required to complete the increment of 
progress.


Sec.  62.14550  When must I submit a notification of achievement of the 
first increment of progress?

    Your notification for achieving the first increment of progress 
must be postmarked no later the date ten days after the date that is 
six months from the date of promulgation of the CISWI Federal plan in 
the Federal Register.


Sec.  62.14555  What if I do not meet an increment of progress?

    Failure to meet an increment of progress is a violation of the 
standards under this subpart. If you fail to meet an increment of 
progress, you must submit a notification to the Administrator 
postmarked within 10 business days after the due date for that 
increment of progress. You must inform the Administrator that you did 
not meet the increment, and you must continue to

[[Page 70662]]

submit reports each subsequent calendar month until the increment of 
progress is met.


Sec.  62.14560  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the six items 
described in paragraphs (a)(1) through (6) of this section.
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission 
limitations and other requirements of this subpart.
    (2) The type(s) of waste to be burned.
    (3) The maximum design waste burning capacity.
    (4) The anticipated maximum charge rate.
    (5) If applicable, the petition for site-specific operating limits 
under Sec.  62.14640.
    (6) A schedule that includes the date by which you will award the 
contracts to procure emission control equipment or related materials, 
initiate on-site construction, initiate on-site installation of 
emission control equipment, and/or incorporate process changes, and the 
date by which you will initiate on-site construction.
    (b) Maintain an onsite copy of the final control plan.


Sec.  62.14565  How do I comply with the increment of progress for 
achieving final compliance?

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


Sec.  62.14570  What must I do if I plan to permanently close my CISWI 
unit?

    If you plan to permanently close your CISWI unit, then you must 
follow the requirements in either paragraph (a) or (b) of this section 
depending on when you plan to shut down.
    (a) If you plan to shut down by the date one year after 
promulgation of the CISWI Federal plan in the Federal Register, rather 
that come into compliance with the complete set of requirements in this 
subpart, then you must shut down by the date one year after 
promulgation of the CISWI Federal plan in the Federal Register. You 
must meet the title V operating permit requirements of Sec. Sec.  
62.14830 and 62.14835 regardless of when you shut down.
    (b) If you plan to shut down rather than come into compliance with 
the complete set of requirements of this subpart, but are unable to 
shut down by the date one year after promulgation of the CISWI Federal 
plan in the Federal Register, then you must petition EPA for and be 
granted an extension by following the procedures outlined in paragraphs 
(b)(1) through (5) of this section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by the date two 
months after promulgation of the CISWI Federal plan in the Federal 
Register. Your request must include:
    (i) Documentation of the analyses undertaken to support your need 
for an extension, including an explanation of why your requested 
extension date is sufficient time for you to shut down while the date 
one year after promulgation of the CISWI Federal plan in the Federal 
Register does not provide sufficient time for shut down. A request 
based upon the avoidance of costs of meeting provisions of this Subpart 
is not acceptable and will be denied. Your documentation must include 
an evaluation of the option to transport your waste offsite to a 
commercial or municipal waste treatment and/or disposal facility on a 
temporary or permanent basis; and
    (ii) Documentation of incremental steps of progress, including 
dates for completing the increments of progress, that you will take 
towards shutting down. Some suggested incremental steps of progress 
towards shut down are provided as follows:

------------------------------------------------------------------------
                                      then your increments of progress
           If you . . .                        could be . . .
------------------------------------------------------------------------
(A) Need an extension so you can    (1) Date when you will enter into a
 install on onsite alternative       contract with an alternative
 waste treatment technology before   treatment technology vendor,
 you shut down your CISWI.          (2) Date for initiating onsite
                                     construction or installation of the
                                     alternative technology,
                                    (3) Date for completing onsite
                                     construction or installation of the
                                     alternative technology, and
                                    (4) Date for shutting down the
                                     CISWI.
(B) Need an extension so you can    (1) Date when price quotes will be
 acquire the services of a           obtained from commercial disposal
 commercial waste disposal company   companies,
 before you shut down your CISWI.   (2) Date when you will enter into a
                                     contract with a commercial disposal
                                     company, and
                                    (3) Date for shutting down the
                                     CISWI.
------------------------------------------------------------------------

    (2) You must shut down no later than by the date two years after 
promulgation of the CISWI Federal plan in the Federal Register.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by the date one year after promulgation of the CISWI Federal 
plan in the Federal Register.
    (4) You must submit a legally binding closure agreement to the 
Administrator by the date six months after promulgation of the CISWI 
Federal plan in the Federal Register. The closure agreement must 
specify the date by which operation will cease. The closure date cannot 
be later than the date 2 years after promulgation of the CISWI Federal 
plan in the Federal Register.
    (5) You must meet the title V operating permit requirements of 
Sec. Sec.  62.14830 and 62.14835 regardless of when you shut down.


Sec.  62.14575  What must I do if I close my CISWI unit and then 
restart it?

    If you temporarily close your CISWI unit and restart the unit for 
the purpose of continuing operation of your CISWI unit, then you must 
follow the requirements in paragraphs (a), (b), or (c) of this section 
depending on when you plan to come into compliance with the 
requirements of this subpart. You must meet the title V operating 
permit requirements of Sec. Sec.  62.14830 and 62.14835 at the time you 
restart your CISWI unit.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by the by the date one year after 
promulgation of the CISWI Federal plan in the Federal Register, then 
you must complete the requirements of Sec.  62.14535(a).

[[Page 70663]]

    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart on or before the date two years after 
promulgation of the CISWI Federal plan in the Federal Register, then 
you must complete the requirements Sec.  62.14535(b). You must have 
first requested and been granted an extension from the initial 
compliance date by following the requirements of Sec.  62.14536.
    (c) If you restart your CISWI unit after the date one year after 
promulgation of the CISWI Federal plan in the Federal Register and 
resume operation, but have not previously requested an extension by 
meeting all of the requirements of Sec.  62.14536, you must meet all of 
the requirements of Sec.  62.14535(a)(1) through (a)(5) at the time you 
restart your CISWI unit. Upon restarting your CISWI unit, you must have 
incorporated all process changes and completed retrofit construction of 
control devices so that when the affected CISWI unit is brought online, 
all necessary process changes and air pollution control devices operate 
as designed.

Waste Management Plan


Sec.  62.14580  What is a waste management plan?

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


Sec.  62.14585  When must I submit my waste management plan?

    You must submit a waste management plan no later than the date six 
months after promulgation of the CISWI Federal plan in the Federal 
Register.


Sec.  62.14590  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures, and the source must implement those measures considered 
practical and feasible, based on the effectiveness of waste management 
measures already in place, the costs of additional measures, the 
emissions reductions expected to be achieved, and any other 
environmental or energy impacts they might have.

Operator Training and Qualification


Sec.  62.14595  What are the operator training and qualification 
requirements?

    (a) You must have a fully trained and qualified CISWI unit operator 
accessible at all times when the unit is in operation, either at your 
facility or able to be at your facility within one hour. The trained 
and qualified CISWI unit operator may operate the CISWI unit directly 
or be the direct supervisor of one or more other plant personnel who 
operate the unit. If all qualified CISWI unit operators are temporarily 
not accessible, you must follow the procedures in Sec.  62.14625.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the thirteen subjects listed in paragraphs 
(c)(1)(i) through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (where applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (xii) Recordkeeping requirements.
    (xiii) Methods to continuously monitor CISWI unit and air pollution 
control device operating parameters and monitoring equipment 
calibration procedures (where applicable).
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.


Sec.  62.14600  When must the operator training course be completed?

    (a) The operator training course must be completed by the later of 
the two dates specified in paragraphs (a)(1) and (2) of this section.
    (1) The date one year after promulgation of the CISWI Federal plan 
in the Federal Register.
    (2) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.
    (b) You must follow the requirements in Sec.  63.14625 if all 
qualified operators are temporarily not accessible.


Sec.  62.14605  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  62.14595(b) or (c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec.  62.14595(c)(2).


Sec.  62.14610  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course of at least 4 hours covering, at a minimum, the five 
topics described in paragraphs (a) through (e) of this section.
    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown 
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Responses to malfunctions or conditions that may lead to 
malfunction.
    (e) Discussion of operating problems encountered by attendees.


Sec.  62.14615  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  62.14610.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  62.14605(a).


Sec.  62.14620  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You

[[Page 70664]]

must maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  62.14580 
through 62.14590.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each employee who operates 
your incinerator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of the two dates 
specified in paragraphs (b)(1)(i) through (ii) of this section.
    (i) The date 1 year after publication of this final rule in the 
Federal Register.
    (ii) Two months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted no later than 12 months 
following the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed review of the information in Sec.  
62.14620(a) as required by Sec.  62.14620(b), including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed the operator training requirements 
under Sec.  62.14595, met the criteria for qualification under Sec.  
62.14605, and maintained or renewed their qualification under Sec.  
62.14610 or Sec.  62.14615. Records must include documentation of 
training, the dates of the initial refresher training, and the dates of 
their qualification and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  62.14625  What if all the qualified operators are temporarily not 
accessible?

    If all qualified operators are temporarily not accessible (i.e., 
not at the facility and not able to be at the facility within 1 hour), 
you must meet one of the two criteria specified in paragraphs (a) and 
(b) of this section, depending on the length of time that a qualified 
operator is not accessible.
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec.  62.14620(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  62.14730.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to 
continue operation of the CISWI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation 
under paragraph (b)(1) of this section. If the Administrator notifies 
you that your request to continue operation of the CISWI unit is 
disapproved, the CISWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
62.14595(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Emission Limitations and Operating Limits


Sec.  62.14630  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 1 of this 
subpart by the applicable final compliance date for your CISWI unit.


Sec.  62.14635  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 2 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii), as appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as 90 percent of the average pressure drop across the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as 90 percent of the 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as 90 
percent of the average liquor flow rate at the inlet to the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as 90 percent 
of the average liquor pH at the inlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the hydrogen chloride emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier).

[[Page 70665]]

    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during any 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.


Sec.  62.14640  What if I do not use a wet scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, or limit emissions in some other manner, to comply with the 
emission limitations under Sec.  62.14630, you must petition the 
Administrator for specific operating limits to be established during 
the initial performance test and continuously monitored thereafter. You 
must not conduct the initial performance test until after the petition 
has been approved by the Administrator. Your petition must include the 
five items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits 
on these parameters.
    (d) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well 
as the relative accuracy and precision of these methods and 
instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.


Sec.  62.14645  What happens during periods of startup, shutdown, and 
malfunction?

    (a) The emission limitations and operating limits apply at all 
times except during periods of CISWI unit startup, shutdown, or 
malfunction as defined in Sec.  62.14840.
    (b) Each malfunction must last no longer than three hours.

Performance Testing


Sec.  62.14650  How do I conduct the initial and annual performance 
test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec.  62.14700(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in Table 1 of this subpart.
    (d) Method 1 of 40 CFR part 60, Appendix A must be used to select 
the sampling location and number of traverse points.
    (e) Method 3A or 3B of 40 CFR part 60, Appendix A must be used for 
gas composition analysis, including measurement of oxygen 
concentration. Method 3A or 3B of 40 CFR part 60, Appendix A must be 
used simultaneously with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP25NO02.000

Where:

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

    (g) You must determine dioxins/furans toxic equivalency by 
following the procedures in paragraphs (g)(1) through (3) of this 
section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-congener emitted using EPA Method 23.
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (g)(1) of this section, multiply the congener concentration 
by its corresponding toxic equivalency factor specified in Table 3 of 
this subpart.
    (3) Sum the products calculated in accordance with paragraph (g)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.


Sec.  62.14655  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in Table 1 of this subpart.

Initial Compliance Requirements


Sec.  62.14660  How do I demonstrate initial compliance with the 
emission limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 40 
CFR 60.8, to determine compliance with the emission limitations in 
Table 1 of this subpart and to establish operating limits using the 
procedure in Sec.  62.14635 or Sec.  62.14640. The initial performance 
test must be conducted using the test methods listed in Table 1 of this 
subpart and the procedures in Sec.  62.14650.


Sec.  62.14665  By what date must I conduct the initial performance 
test?

    The initial performance test must be conducted no later than 90 
days after your final compliance date.

Continuous Compliance Requirements


Sec.  62.14670  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under 40 CFR 60.8 to determine compliance with the emission 
limitations. The annual performance test must be conducted using the 
test methods listed in Table 1 of this subpart and the procedures in 
Sec.  62.14650.
    (b) You must continuously monitor the operating parameters 
specified in Sec.  62.14635 or established under Sec.  62.14640. 
Operation above the established maximum or below the established 
minimum operating limits constitutes a deviation from the

[[Page 70666]]

established operating limits. Three-hour rolling average values are 
used to determine compliance (except for baghouse leak detection system 
alarms) unless a different averaging period is established under Sec.  
62.14640. Operating limits do not apply during performance tests.
    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.


Sec.  62.14675  By what date must I conduct the annual performance 
test?

    You must conduct annual performance tests for particulate matter, 
hydrogen chloride, and opacity within 12 months following the initial 
performance test. Conduct subsequent annual performance tests within 12 
months following the previous one.


Sec.  62.14680  May I conduct performance testing less often?

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


Sec.  62.14685  May I conduct a repeat performance test to establish 
new operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used 
to demonstrate compliance.

Monitoring


Sec.  62.14690  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec.  62.14630, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in Table 
2 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in Table 2 of this subpart at all times except as specified in Sec.  
62.14695(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or 
cell. For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber to comply 
with the emission limitations under Sec.  62.14630, you must install, 
calibrate (to the manufacturers' specifications), maintain, and operate 
the equipment necessary to monitor compliance with the site-specific 
operating limits established using the procedures in Sec.  62.14640.


Sec.  62.14695  Is there a minimum amount of monitoring data I must 
obtain?

    (a) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments 
of the monitoring system), you must conduct all monitoring at all times 
the CISWI unit is operating.
    (b) Do not use data recorded during monitor malfunctions, 
associated repairs, and required quality assurance or quality control 
activities for meeting the requirements of this subpart, including data 
averages and calculations. You must use all the data collected during 
all other periods in assessing compliance with the operating limits.

Recordkeeping and Reporting


Sec.  62.14700  What records must I keep?

    You must maintain the 13 items (as applicable) as specified in 
paragraphs (a) through (m) of this section for a period of at least 5 
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec.  62.14640, you must 
maintain data collected for all operating parameters used to determine 
compliance with the operating limits.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of

[[Page 70667]]

operating time during each 6-month period that the alarm sounds, 
calculated as specified in Sec.  62.14635(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime associated with 
zero and span and other routine calibration checks). Identify the 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which data show 
a deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec.  62.14640 
with a description of the deviations, reasons for such deviations, and 
a description of corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  62.14620(a) as required by 
Sec.  62.14620(b), including the date of the initial review and all 
subsequent annual reviews.
    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  62.14595, met 
the criteria for qualification under Sec.  62.14605, and maintained or 
renewed their qualification under Sec.  62.14610 or Sec.  62.14615. 
Records must include documentation of training, the dates of the 
initial and refresher training, and the dates of their qualification 
and all subsequent renewals of such qualifications.
    (i) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (j) Records of calibration of any monitoring devices as required 
under Sec.  62.14690.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec.  62.14620(a).
    (m) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).


Sec.  62.14705  Where and in what format must I keep my records?

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


Sec.  62.14710  What reports must I submit?

    See Table 4 of this subpart for a summary of the reporting 
requirements.


Sec.  62.14715  When must I submit my waste management plan?

    You must submit the waste management plan no later than the date 
six months after promulgation of the CISWI Federal plan in the Federal 
Register.


Sec.  62.14720  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec.  62.14660, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  62.14635 or Sec.  62.14640.
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  62.14690(b).


Sec.  62.14725  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  62.14720. You must submit 
subsequent reports no more than 12 months following the previous 
report. As with all other requirements in this subpart, the requirement 
to submit an annual report does not modify or replace the operating 
permit requirements of 40 CFR parts 70 and 71.


Sec.  62.14730  What information must I include in my annual report?

    The annual report required under Sec.  62.14725 must include the 
ten items listed in paragraphs (a) through (j) of this section. If you 
have a deviation from the operating limits or the emission limitations, 
you must also submit deviation reports as specified in Sec. Sec.  
62.14735, 62.14740, and 62.14745.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  62.14635 or Sec.  62.14640.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the operating limits was inoperative, inactive, 
malfunctioning or out of control.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported.
    (g) Information recorded under Sec.  62.14700(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting 
period, the results of that test.
    (i) If you met the requirements of Sec.  62.14680(a) or (b), and 
did not conduct a performance test during the reporting period, you 
must state that you met the requirements of Sec.  62.14680(a) or (b), 
and, therefore, you were not required to conduct a performance test 
during the reporting period.
    (j) Documentation of periods when all qualified CISWI unit 
operators were unavailable for more than 8 hours, but less than 2 
weeks.


Sec.  62.14735  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if the bag 
leak detection system alarm sounds for more than 5 percent of the 
operating time for any 6-month reporting period, or if a performance 
test was conducted that deviated from any emission limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 
1 to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).


Sec.  62.14740  What must I include in the deviation report?

    In each report required under Sec.  62.14735, for any pollutant or

[[Page 70668]]

parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Duration and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitoring 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.


Sec.  62.14745  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for two weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Within ten days of each deviation, you must submit a 
notification that includes the three items in paragraphs (a)(1)(i) 
through (iii) of this section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will 
be available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec.  62.14625(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.


Sec.  62.14750  Are there any other notifications or reports that I 
must submit?

    Yes. You must submit notifications as provided by 40 CFR 60.7.


Sec.  62.14755  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.


Sec.  62.14760  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See 40 CFR 60.19(c) for procedures to seek 
approval to change your reporting date.

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


Sec.  62.14765  What is an air curtain incinerator?

    An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are different from conventional combustion devices which 
typically have enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)


Sec.  62.14770  When must I achieve final compliance?

    If you plan to continue operating, then you must achieve final 
compliance by the date one year after promulgation of the CISWI Federal 
plan in the Federal Register. It is unlawful for your air curtain 
incinerator to operate after the date one year after promulgation of 
the CISWI Federal plan in the Federal Register if you have not achieved 
final compliance. An air curtain incinerator that continues to operate 
after the date one year after promulgation of the CISWI Federal plan in 
the Federal Register without being in compliance is subject to 
penalties.


Sec.  62.14795  How do I achieve final compliance?

    For the final compliance, you must complete all equipment changes 
and retrofit installation control devices so that, when the affected 
air curtain incinerator is placed into service, all necessary equipment 
and air pollution control devices operate as designed and meet the 
opacity limits of Sec.  62.14815.


Sec.  62.14805  What must I do if I close my air curtain incinerator 
and then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in this subpart, you must achieve final 
compliance by the date one year after promulgation of the CISWI Federal 
plan in the Federal Register.
    (b) If you close your incinerator but will restart it after the 
date one year after promulgation of the CISWI Federal plan in the 
Federal Register, you must have completed any needed emission control 
retrofits and meet the opacity limits of Sec.  62.14815 on the date 
your incinerator restarts operation.
    (c) You must meet the title V operating permit requirements of 
Sec. Sec.  62.14830 and 62.14835 at the time you restart your air 
curtain incinerator.


Sec.  62.14810  What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?

    If you plan to permanently close your incinerator rather than 
comply with this subpart, you must submit a closure notification, 
including the date of closure, to the Administrator by the date by the 
180 days after promulgation of the CISWI Federal plan in the Federal 
Register. You must meet the title V operating permit requirements of 
Sec. Sec.  62.14830 and 62.14835 regardless of when you shut down.


Sec.  62.14815  What are the emission limitations for air curtain 
incinerators that burn 100 percent wood wastes and clean lumber?

    (a) After the date the initial test for opacity is required or 
completed (whichever is earlier), you must meet the limitations in 
paragraphs (a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times, and each malfunction must not exceed 3 hours.


Sec.  62.14820  How must I monitor opacity for air curtain incinerators 
that burn 100 percent wood wastes and clean lumber?

    (a) Use Method 9 of 40 CFR part 60, Appendix A to determine 
compliance with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
no later than 90 days after the date one year after promulgation of the 
CISWI Federal plan in the Federal Register.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.

[[Page 70669]]

Sec.  62.14825  What are the recordkeeping and reporting requirements 
for air curtain incinerators that burn 100 percent wood wastes and 
clean lumber?

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

Title V Requirements


Sec.  62.14830  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, you are required to apply 
for and obtain a title V operating permit unless you meet the relevant 
requirements specified in 40 CFR 62.14525(a)-(h) and (j)-(o) and all of 
the requirements specified in 40 CFR 62.14531.


Sec.  62.14835  When must I submit a title V permit application for my 
existing CISWI unit?

    (a) If your existing CISWI 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 DDDD (December 1, 2003), or by the effective date 
of the applicable State, Tribal, or Federal operating permits program, 
whichever is later. For any existing CISWI unit not subject to an 
earlier application deadline, this final application deadline applies 
regardless of when this Federal plan is effective, or when the relevant 
State or Tribal section 111(d)/129 plan is approved by EPA and becomes 
effective. See sections 129(e), 503(c), 503(d), and 502(a) of the Clean 
Air Act.
    (b) 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 Clean 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) of the 
Clean Air Act; 40 CFR 70.7(b) and 71.7(b).

Definitions


Sec.  62.14840  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act, subparts A and B of part 60 and subpart A of this part 62.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are different from conventional combustion 
devices which typically have enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter (i.e., baghouse) in order to detect bag failures. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion device that combusts commercial and industrial 
waste, as defined in this subpart. The boundaries of a CISWI unit are 
defined as, but not limited to, the commercial or industrial solid 
waste fuel feed system, grate system, flue gas system, and bottom ash. 
The CISWI unit does not include air pollution control equipment or the 
stack. The CISWI unit boundary starts at the commercial and industrial 
solid waste hopper (if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    Commercial and industrial waste, for the purposes of this subpart, 
means solid waste combusted in an enclosed device using controlled 
flame combustion without energy recovery that is a distinct operating 
unit of any commercial or industrial facility (including field-erected, 
modular, and custom built incineration units operating with starved or 
excess air), or solid waste combusted in an air curtain incinerator 
without energy recovery that is a distinct operating unit of any 
commercial or industrial facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste 
materials that is attached to a 55 gallon, open-head drum. The device 
consists of a lid, which fits onto and encloses the drum, and a blower 
that forces combustion air into the drum in a cyclonic manner to 
enhance the mixing of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or

[[Page 70670]]

operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless or whether or not 
such failure is permitted by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than promulgation of the final CISWI emission guidelines 
in 40 CFR part 60, subpart DDDD and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60, 
Appendix A.
    Parts reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Rack reclamation unit means a unit that burns the coatings off 
racks used to hold small items for application of a coating. The unit 
burns the coating overspray off the rack so the rack can be reused.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after promulgation of the final 
CISWI emission guidelines in 40 CFR part 60, subpart DDDD.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste 
treatment plant, water supply treatment plant, or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid, or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations, and from community 
activities, but does not include solid or dissolved material in 
domestic sewage, or solid or dissolved materials in irrigation return 
flows or industrial discharges which are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, 
as amended (86 Stat. 880), or source, special nuclear, or byproduct 
material as defined by the Atomic Energy Act of 1954, as amended (68 
Stat. 923). For purposes of this subpart and 40 CFR part 60, subpart 
DDDD, only, solid waste does not include the waste burned in the 
fifteen types of units described in 40 CFR 60.2555 of subpart DDDD and 
Sec.  62.14525 of this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68[deg]F (20[deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the activation of 
the system and the first charge to the unit.
    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 DDDD.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.

[[Page 70671]]



                            Table 1 of Subpart III of Part 62.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                       You must meet this
       For the air pollutant           emission limitation    Using this averaging    And determining compliance
                                               \a\                    time                using this method
----------------------------------------------------------------------------------------------------------------
Cadmium............................  0.004 milligrams per    3-run average (1 hour   Performance test (Method 29
                                      dry standard cubic      minimum sample time     of appendix A of part 60)
                                      meter.                  per run).
Carbon monoxide....................  157 parts per million   3-run average (1 hour   Performance test (Method
                                      by dry volume.          minimum sample time     10, 10A, or 10B, of
                                                              per run).               appendix A of part 60)
Dioxins/furans (toxic equivalency    0.41 nanograms per dry  3-run average (4 hour   Performance test (Method 23
 basis).                              standard cubic meter.   minimum sample time     of appendix A of part 60)
                                                              per run).
Hydrogen chloride..................  62 parts per million    3-run average (1 hour   Performance test (Method
                                      by dry volume.          minimum sample time     26A of appendix A of part
                                                              per run).               60)
Lead...............................  0.04 milligrams per     3-run average (1 hour   Performance test (Method 29
                                      dry standard cubic      minimum sample time     of appendix A of part 60)
                                      meter.                  per run).
Mercury............................  0.47 milligrams per     3-run average (1 hour   Performance test (Method 29
                                      dry standard cubic      minimum sample time     of appendix A of part 60)
                                      meter.                  per run).
Opacity............................  10 percent............  6-minute averages.....  Performance test (Method 9
                                                                                      of appendix A of part 60)
Oxides of nitrogen.................  388 parts per million   3-run average (1 hour   Performance test (Methods
                                      by dry volume.          minimum sample time     average 7, 7A, 7C, 7D, or
                                                              per run).               7E of appendix A of part
                                                                                      60)
Particulate matter.................  70 milligrams per dry   3-run average (1 hour   Performance test (Method 5
                                      standard cubic meter.   minimum sample time     or 29 of appendix A of
                                                              per run).               part 60)
Sulfur dioxide.....................  20 parts per million    3-run average (1 hour   Performance test (Method 6
                                      by dry volume.          minimum sample time     or 6c of appendix A of
                                                              per run).               part volume 60)
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


                     Table 2 of Subpart III of Part 62.--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                    You must                And monitor using these minimum frequencies
For these operating parameters   establish these ---------------------------------------------------------------
                                operating limits     Data measurement        Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate...................  Maximum charge    Continuous...........  Every hour...........  1. Daily (batch
                                 rate.                                                           units).
                                                                                                2. 3-hour
                                                                                                 rolling
                                                                                                 (continuous and
                                                                                                 intermittent
                                                                                                 units).\a\
Pressure drop across the wet    Minimum pressure  Continuous...........  Every 15 minutes.....  3-hour
 scrubber or amperage to wet     drop or                                                         rolling.\a\
 scrubber.                       amperage.
Scrubber liquor flow rate.....  Minimum flow      Continuous...........  Every 15 minutes.....  3-hour
                                 rate.                                                           rolling.\a\
Scrubber liquor pH............  Minimum pH......  Continuous...........  Every 15 minutes.....  3-hour rolling
                                                                                                 \a\
----------------------------------------------------------------------------------------------------------------
\a\ Calculated each hour as the average of the previous 3 operating hours.


      Table 3 of Subpart III of Part 62.--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                                Toxic
                   Dioxin/furan congener                     equivalency
                                                                factor
------------------------------------------------------------------------
A. 2,3,7,8-tetrachlorinated dibenzo-p-dioxin...............           1
B. 12,3,7,8-pentachlorinated dibenzo-p-dioxin..............         0.5
C. 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............         0.1
D. 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............         0.1
E. 12,3,6,7,8-hexachlorinated dibenzo-p-dioxin.............         0.1
F. 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.........        0.01
G. 0ctachlorinated dibenzo-p-dioxin........................       0.001
H. 2,3,7,8-tetrachlorinated dibenzofuran...................         0.1
I. 2,3,4,7,8-pentachlorinated dibenzofuran.................         0.5
J.1,2,3,7,8-pentachlorinated dibenzofuran..................        0.05
K. 1,2,3,4,7,8-hexachlorinated dibenzofuran................         0.1
L. 1,2,3,6,7,8-hexachlorinated dibenzofuran................         0.1
M. 1,2,3,7,8,9-hexachlorinated dibenzofuran................         0.1
N. 2,3,4,6,7,8-hexachlorinated dibenzofuran................         0.1
O. 1,2,3,4,6,7,8-heptachlorinated dibenzofuran.............        0.01
P. 1,2,3,4,7,8,9-heptachlorinated dibenzofuran.............        0.01
Q. 0ctachlorinated dibenzofuran............................       0.001
------------------------------------------------------------------------


[[Page 70672]]


                      Table 4 of Subpart III of Part 62.--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
               Report                       Due Date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan...........  No later than the date  Waste management plan......  Sec.   62.14715.
                                      6 months after
                                      publication of the
                                      final rule the
                                      Federal Register.
B. Initial Test Report.............  No later than 60 days   1. Complete test report for  Sec.   62.14720.
                                      following the           the initial performance
                                      performance test.       test.
                                                             2. The values for the site-
                                                              specific operating limits.
                                                             3. Installation of bag leak
                                                              detection systems for
                                                              fabric filters.
C. Annual Report...................  No later than 12        1. Name and address........  Sec.  Sec.   62.14725
                                      months following the   2. Statement and signature    and 62.14730
                                      submission of the       by responsible official.     Subsequent reports
                                      initial test report.   3. Date of report..........   are to be submmitted
                                      Subsequent reports     4. Values for the operating   no moer than 12
                                      are to be submitted     limits.                      months following the
                                      no more than 12        5. If no deviations or        previous report.
                                      months following the    malfunctions were
                                      previous report.        reported, a statement that
                                                              no deviations occurred
                                                              during reporting period.
                                                             6. Highest recorded 3-hour
                                                              average and the lowest 3-
                                                              hour average, as
                                                              applicable, for each
                                                              operating parameter
                                                              recorded for the calendar
                                                              year being reported.
                                                             7. Information for
                                                              deviations or malfunctions
                                                              recorded under Sec.
                                                              62.14700(b)(6) and (c)
                                                              through (e).
                                                             8. If a performance test
                                                              was conducted during the
                                                              reporting period, the
                                                              results of the test.
                                                             9. If a performance test
                                                              was not conducted during
                                                              the reporting period, a
                                                              statement that the
                                                              requirements of Sec.
                                                              62.14680(a) or (b) were
                                                              met.
                                                             10. Documentation of
                                                              periods when all qualified
                                                              CISWI unit operators were
                                                              unavailable for more than
                                                              8 hours but less than 2
                                                              weeks.
D. Emission Limitation or Operating  By August 1 of that     1. Dates and times of        Sec.  Sec.   62.14735
 Limit Deviation Report.              year for data           deviations.                  and 62.14740.
                                      collected during the   2. Averaged and recorded
                                      first half of the       data for these dates.
                                      calendar year. By      3. Duration and causes for
                                      February 1 of the       each deviation and the
                                      following year for      corrective actions taken.
                                      data collected during  4. Copy of operating limit
                                      the second half of      monitoring data and any
                                      the calendar year.      test reports.
                                                             5. Dates, times, and causes
                                                              for monitor downtime
                                                              incidents.
                                                             6. Whether each deviation
                                                              occurred during a period
                                                              of startup, shutdown, or
                                                              malfunction.
E. Qualified Operator Deviation      Within 10 days of       1. Statement of cause of     Sec.   62.14745(a)(1).
 Notification.                        deviation.              deviation.
                                                             2. Description of efforts
                                                              to have an accessible
                                                              qualified operator.
                                                             3. The date a qualified
                                                              operator will be
                                                              accessible.
F. Qualified Operator Deviation      Every 4 weeks           1. Description of efforts    Sec.   62.14745(a)(2).
 Status Report.                       following deviation.    to have an accessible
                                                              qualified operator.
                                                             2. The date a qualified
                                                              operator will be
                                                              accessible.
                                                             3. Request for approval to
                                                              continue operation.
G. Qualified Operator Deviation      Prior to resuming       Notification that you are    Sec.   62.14745(b).
 Notification of Resumed Operation.   operation.              resuming operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 02-28923 Filed 11-22-02; 8:45 am]
BILLING CODE 6560-50-P