[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Pages 5144-5187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-99]



[[Page 5143]]

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Part VI





Environmental Protection Agency





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40 CFR Part 62



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

  Federal Register / Vol. 68, No. 21 / Friday, January 31, 2003 / Rules 
and Regulations  

[[Page 5144]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-7430-8]
RIN 2060-AJ46


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates a Federal plan to implement emission 
guidelines for small municipal waste combustion (MWC) units (i.e., 
units with a design combustion capacity of 35 to 250 tons per day of 
municipal waste) located in areas not covered by an approved State or 
tribal plan. The Federal plan is an interim action because on the 
effective date of an approved State plan or tribal plan, the Federal 
plan will no longer apply to small MWC units covered by the State or 
tribal plan. This Federal plan includes the same required elements as a 
State plan as specified in 40 CFR part 60, subpart B. These elements 
are: Identification of legal authority; identification of mechanisms 
for implementation; inventory of affected facilities; emissions 
inventory; emission limits; compliance schedules; public hearing 
requirements; reporting and recordkeeping requirements; and public 
progress reports.
    EPA adopted emission guidelines for existing small MWC units on 
December 6, 2000. Existing small MWC units are those units for which 
construction was commenced on or before August 30, 1999. Sections 111 
and 129 of the Clean Air Act (CAA) require States with existing small 
MWC units subject to the emission guidelines to submit plans to EPA 
that implement and enforce the emission guidelines. Indian tribes may 
submit, but are not required to submit, tribal plans to implement and 
enforce the emission guidelines in Indian country. State plans were due 
from States with small MWC units subject to the emission guidelines on 
December 6, 2001. States without small MWC units subject to the 
emission guidelines must submit a negative declaration statement by 
this date. Following receipt of a State plan, EPA has up to 6 months to 
approve or disapprove the plan. If a State with an existing small MWC 
unit subject to the emission guidelines does not submit an approvable 
plan within 2 years of the promulgation of the emission guidelines 
(i.e., December 6, 2002), sections 111(d) and 129 of the CAA require 
EPA to develop, implement, and enforce a Federal plan for small MWC 
units located in that State or Tribal jurisdiction. This Federal plan 
for small MWC units was proposed on June 14, 2001.

EFFECTIVE DATE: This rule is effective on January 31, 2003. The 
incorporation by reference of certain publications listed in this rule 
are approved by the Director of the Federal Register as of January 31, 
2003.
    Judicial Review: The EPA proposed this section 111(d) rule for 
small MWC units on June 14, 2001 (66 FR 32484). This action adopting a 
rule for small MWC units constitutes final administrative action 
concerning that proposal. Under section 307(b)(1) of the CAA, judicial 
review of this final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by April 1, 2003. Under section 307(d)(7)(B) of the CAA, only 
an objection to this rule that was raised with reasonable specificity 
during the period for public comment can be raised during judicial 
review. Moreover, under section 307(b)(2) of the CAA, the requirements 
established by today's final action may not be challenged separately in 
any civil or criminal proceeding brought by the EPA to enforce these 
requirements.

ADDRESSES: Docket. Docket No. A-2000-39 contains the supporting 
information for the small MWC Federal plan. Docket Nos. A-89-08, A-90-
45, and A-98-18 contain the supporting information for the EPA's 
promulgation of emission guidelines for existing small MWC units. The 
dockets are available for public inspection and copying between 8:30 
a.m. and 4:30 p.m., Monday through Friday, at EPA's Air and Radiation 
Docket and Information Center, 1301 Constitution Avenue, NW., Room 
B102, Washington, DC 20460. The mailing address for the Center is Air 
and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. The Center may be contacted by telephone by 
calling (202) 566-1742 between the hours of 7:30 a.m. and 5:30 p.m., 
Monday through Friday. The Center may also be contacted by fax using 
the fax number (202) 566-1741 and by E-mail using the E-mail address 
``[email protected]''.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker at (919) 541-5420, 
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 State specific information regarding 
implementation of this Federal plan, contact the appropriate Regional 
Office as shown in table 1 of the SUPPLEMENTARY INFORMATION section.

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of all the information considered by the EPA in the 
development of this Federal plan. 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 that they can 
effectively participate in the rulemaking process. Along with the 
proposed and promulgated Federal plan and their preambles, the contents 
of the docket will serve as the record in the case of judicial review. 
(See section 307(d)(7)(A) of the CAA.) The regulatory text and other 
materials related to this rulemaking are available for review in the 
docket or copies may be mailed on request from the Air Docket by 
calling (202) 566-1742. A reasonable fee may be charged for copying 
docket materials.
    Public Comments. The small MWC Federal plan was proposed on June 
14, 2001, and two comments were received on the proposal. The comment 
letters are available in docket No. A-2000-39, along with a memorandum 
summarizing the comment letters and EPA's responses to the comments. No 
requests for a public hearing were received by EPA.
    Worldwide Web (WWW). A list of combustion related rules is 
available on the Combustion Group Web site on the EPA Technology 
Transfer Network Web site (TTN Web) at http://www.epa.gov/ttn/atw/combust/list.html. You may obtain Federal Register notices, supporting 
information, and docket indices for these combustion related rules.
    Regional Office Contacts. For information regarding the 
implementation of the small MWC Federal plan, contact the appropriate 
EPA Regional Office as shown in table 1.

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  Table 1.--EPA Regional Contacts for Small Municipal Waste Combustors
------------------------------------------------------------------------
                                                            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,    (fax).
                 1 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            (fax).            Islands.
                 Broadway, 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,
                 Technology Branch,     (fax).            TN.
                 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        (fax).
                 66101.
VIII..........  U.S. EPA--Region 8,    303-312-6007,     CO, MT, ND, SD,
                 Air Program            303-312-6064      UT, WY.
                 Technical Unit (Mail   (fax).
                 Code 8P-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
                 Hawthorne Street,      (fax).            Samoa, Guam.
                 San Francisco, CA
                 94105.
X.............  U.S. EPA--Region 10,   (206) 553-4273,   AK, OR, WA, ID.
                 Office of Air          (206) 553-0110
                 Quality, 1200 Sixth    (fax).
                 Avenue, Seattle, WA
                 98101.
------------------------------------------------------------------------

    Outline. The following outline shows the organization of the 
remainder of the SUPPLEMENTARY INFORMATION section of this preamble.

I. Background of Small MWC Regulations and Affected Facilities
    A. Background of Small MWC Regulations
    B. Regulated Entities
    C. Status of State Plans
II. Required Elements of the Small MWC Federal Plan
III. Summary of the Comments and Changes Since Proposal
IV. Summary of the Federal Plan Emission Limits and Requirements
    A. Subcategories of Small MWC Units
    B. Emission Limits and Operating Practice Requirements
    C. Compliance Schedules
    D. Operator Training and Certification Requirements
    E. Testing, Monitoring, Recordkeeping, and Reporting
V. 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
VI. Title V Operating Permits
    A. Clarification to the Rule
    B. Delegation of a Federal Plan
VII. Administrative Requirements
    A. Executive Order 12866--Regulatory Planning and Review
    B. Executive Order 13132--Federalism
    C. Executive Order 13175--Consultation and Coordination With 
Indian Tribal Governments
    D. Executive Order 13045--Protection of Children From 
Environmental Health Risks and Safety Risks
    E. Unfunded Mandates Reform Act of 1995
    F. Regulatory Flexibility Act (RFA) as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act
    J. Executive Order 13211--Energy Effects

Tables

Table 1. EPA Regional Contacts for Small Municipal Waste Combustors
Table 2. Status of State Plans
Table 3. Required Elements of the Small MWC Federal Plan
Table 4. Deadlines for Title V Permits

I. Background of Small MWC Regulations and Affected Facilities

    On December 6, 2000, EPA promulgated emission guidelines for 
existing small municipal waste combustion units (40 CFR part 60, 
subpart BBBB). Existing small MWC units are those units for which 
construction was commenced on or before August 30, 1999. States with 
existing small MWC units subject to the emission guidelines are 
required to submit to EPA a plan that implements and enforces the 
subpart BBBB emission guidelines within 1 year after promulgation of 
the emission guidelines, or by December 6, 2001. Section 129(b)(3) of 
the Act requires EPA to develop, implement, and enforce a Federal plan 
for small MWC units located in States that have not submitted an 
approvable plan within 2 years after promulgation of the guidelines, or 
by December 6, 2002. This action promulgates a Federal plan for small 
MWC units that are not covered by an EPA approved and effective State 
or Tribal plan. The small MWC Federal plan will become effective on 
December 6, 2002. The elements of the Federal plan are summarized in 
section II of this preamble.

A. Background of Small MWC Regulations

    On December 19, 1995, EPA promulgated emission guidelines (40 CFR 
part 60, subpart Cb) for large and small MWC units. In 1997, the U.S. 
Court of Appeals for the D.C. Circuit vacated the emission guidelines 
as they applied to small MWC units (Davis County Solid Waste Management 
and Recovery District v. EPA, 108 F. 3d 1454, D.C. Cir.1997). After 
this decision, EPA reproposed and promulgated emission guidelines for 
small MWC units (40 CFR part 60, subpart BBBB, promulgated on December 
6, 2000). States or tribes with existing large MWC units subject to the 
subpart Cb emission guidelines were required to submit to EPA a State 
or tribal plan for those large units by December 19, 1996. To regulate 
large MWC units in areas without approved and effective State or tribal 
plans, EPA promulgated a Federal plan for large units (40 CFR part 62, 
subpart FFF) on November 12, 1998. The subpart FFF Federal plan and 
previously submitted State plans apply to only large MWC units. A 
separate Federal plan and separate State plans are required to 
implement the subpart BBBB emission guidelines for small MWC units. The 
Federal plan for small MWC units was proposed on June 14, 2001.

B. Regulated Entities

    The small MWC Federal plan affects existing small MWC units that 
are not

[[Page 5146]]

regulated by an EPA approved and effective State or Tribal plan. A 
small MWC unit is defined as any MWC unit with a combustion design 
capacity of 35 to 250 tons per day of municipal solid waste (MSW) that 
commenced construction on or before August 30, 1999. This Federal plan 
affects the following categories of sources:

----------------------------------------------------------------------------------------------------------------
                  Category                     NAICS codes      SIC codes       Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry, Federal government, and State/      562213, 92411      4953, 9511  Solid waste combustors or
 local/Tribal governments.                                                    incinerators at waste-to-energy
                                                                              facilities that generate
                                                                              electricity or steam from the
                                                                              combustion of garbage (typically
                                                                              municipal waste); and solid waste
                                                                              combustors or incinerators at
                                                                              facilities that combust garbage
                                                                              (typically municipal waste) and do
                                                                              not recover energy from the waste.
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    This list is not intended to be exhaustive, but rather provides a 
guide regarding the entities potentially regulated by this Federal 
plan. The small MWC Federal plan primarily impacts facilities in North 
American Industrial Classification System (NAICS) codes 562213 and 
92411, formerly Standard Industrial Classification (SIC) codes 4953 and 
9511, respectively. Not all facilities classified under these codes 
will be affected. To determine whether a facility is regulated by this 
Federal plan, carefully examine the applicability criteria in 
Sec. Sec.  62.15010 through 62.15035 of the Federal plan. If you have 
any questions regarding the applicability of this Federal plan to your 
small MWC unit contact the Regional Office listed in table 1.
    Each small MWC unit will be subject to this Federal plan if any of 
the following is true on or after the effective date of the Federal 
plan:
    (1) An applicable State or tribal plan has not become effective 
\1\;
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    \1\ The effective date of a State or tribal plan from EPA's 
perspective (for purposes of State or tribal law, a State or tribal 
plan may have an earlier effective date) is 30 days after the State 
or tribal plan final approval is published in the Federal Register 
if the final approval is via the regular regulatory procedure of 
proposal with opportunity for comment followed by promulgation. If 
the approval is by direct final rulemaking, the effective date of 
the State or tribal plan is 60 days after the approval is published 
in the Federal Register, if no adverse comments are received.
---------------------------------------------------------------------------

    (2) An applicable State or tribal plan was in effect but was 
subsequently vacated in whole or in part; or
    (3) An applicable State or tribal plan was in effect but was 
subsequently revised such that it is no longer as protective as the 
emission guidelines.
    Once an approved State or tribal plan is in effect, the Federal 
plan will no longer apply to a small MWC unit covered by such plan. An 
approved State or tribal plan is a plan that EPA has reviewed and 
approved based on the requirements in 40 CFR part 60, subpart B to 
implement and enforce 40 CFR part 60, subpart BBBB.
    Today's adoption of this Federal plan does not preclude a State or 
tribe from submitting a State or tribal plan later. If a State or tribe 
submits a State or tribal plan after today's promulgation of the small 
MWC Federal plan, EPA will review and approve or disapprove the plan. 
Upon the effective date of EPA's approval of the State or tribal plan, 
the Federal plan will no longer apply, except those Federal plan 
provisions that may have been incorporated by reference under the 
section 111(d)/129 State or tribal plan, or delegated to the State by 
EPA.
    If a small MWC unit was overlooked by a State and the State 
submitted a negative declaration letter, the small MWC unit will be 
subject to this Federal plan. The EPA believes that no small MWC units 
are located in Indian country. In the event that a small MWC unit is 
located in Indian country, the unit would be covered under this Federal 
plan, unless it is covered by an approved and effective tribal plan.

C. Status of State Plans

    Twenty-two States have small MWC units and require State plans. 
(Depending on whether Pennsylvania's small MWC unit closes on schedule, 
Pennsylvania may not require a State plan.) A number of states have 
either submitted or are currently preparing their State plans. The EPA 
expects several State plans to be approved in the next few months. 
Table 2 summarizes the status of State plans as of today's date. The 
table is based on information provided by the EPA Regional Offices.
    The following States have submitted State plans to the EPA: 
Connecticut, Florida, Maryland, Montana, New Hampshire, and Utah. The 
small MWC units located in these States will be subject to the Federal 
plan until the State plan is approved and becomes effective. Small MWC 
units located in States with an approved and effective State plan will 
be subject to the Federal plan only in the event that the State plan is 
subsequently disapproved by EPA, in whole or in part.
    The EPA has not received a State plan from the following states 
that are believed to have small MWC units: Alaska, Massachusetts, 
Maine, Michigan, Minnesota, New Jersey, New York, North Carolina, 
Oklahoma, Oregon, Tennessee, Texas, Virginia, Washington, and 
Wisconsin. Small MWC units located in these States are subject to this 
Federal plan until a State plan applicable to small MWC units is 
approved by the EPA and becomes effective.
    As of today's date, the following States have submitted negative 
declaration letters: Alabama, Arizona, California, Colorado, Georgia, 
Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Mississippi, 
Missouri, Nebraska, Nevada, North Dakota, Ohio, Puerto Rico, Rhode 
Island, South Carolina, South Dakota, Vermont, West Virginia, and 
Wyoming. States that have not submitted a negative declaration letter 
but are believed to have no small MWC units include: American Samoa, 
Arkansas, Delaware, District of Columbia, Guam, Idaho, Louisiana, New 
Mexico, Northern Mariana Islands, and Virgin Islands. In the unlikely 
event that there are small MWC units located in any of these States, 
this Federal plan would automatically apply to them.

                     Table 2.--Status of State Plans
------------------------------------------------------------------------
                                          Number of
      Region                State           plants          Status
------------------------------------------------------------------------
I.................  Connecticut.........          1  State plan has been
                                                      submitted but is
                                                      incomplete.
                    Massachusetts.......          2  No State plan
                                                      submitted.
                    Maine...............          1  No State plan
                                                      submitted.

[[Page 5147]]

 
                    New Hampshire.......          1  State plan has been
                                                      submitted but is
                                                      incomplete.
II................  New Jersey..........          1  No State plan
                                                      submitted.
                    New York............          3  No State plan
                                                      submitted.
III...............  Maryland............          1  State plan has been
                                                      submitted but is
                                                      incomplete.
                    Pennsylvania........          1  Plant closure by
                                                      June 18, 2003.
                    Virginia............          4  No State plan
                                                      submitted
IV................  Florida.............          2  State plan is being
                                                      reviewed by EPA.
                    North Carolina......          1  No State plan
                                                      submitted.
                    Tennessee...........          1  No State plan
                                                      submitted.
V.................  Michigan............          2  No State plan
                                                      submitted.
                    Minnesota...........          7  No State plan
                                                      submitted.
                    Wisconsin...........          1  No State plan
                                                      submitted.
VI................  Oklahoma............          1  No State plan
                                                      submitted.
                    Texas...............          3  No State plan
                                                      submitted.
VIII..............  Montana.............          1  State Plan is being
                                                      reviewed by EPA.
                    Utah................          1  State Plan is being
                                                      reviewed by EPA.
X.................  Alaska..............          1  No State plan
                                                      submitted.
                    Oregon..............          1  No State plan
                                                      submitted.
                    Washington..........          3  No State plan
                                                      submitted.
------------------------------------------------------------------------

    Part 62 of title 40 of the Code of Federal Regulations identifies 
the approval of section 111(d)/129 State or Tribal plans for designated 
pollutants and designated facilities in each State or area of Indian 
country. However, part 62 is updated only once a year. Thus, if part 62 
does not indicate that your State or tribal area has an approved and 
effective plan, you should contact your State environmental agency's 
air director or your EPA Regional Office (table 1) to determine if 
approval occurred since publication of the most recent version of part 
62.

II. Required Elements of the Small MWC Federal Plan

    Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require States to develop and implement State plans for 
MWC units to implement and enforce the MWC emission guidelines. 
Subparts B and BBBB of 40 CFR part 60 require States to submit State 
plans that include specified elements. Because this Federal plan is 
being adopted in lieu of State plans, it includes the same essential 
elements: Identification of legal authority; identification of 
mechanisms for implementation; inventory of affected facilities; 
emission inventory; emission limits; compliance schedules; public 
hearing requirements; reporting and recordkeeping requirements; and 
public progress reports.
    Each State plan element was discussed in detail as it relates to 
the Federal plan in the preamble to the proposed rule (66 FR 32484). 
Table 3 lists each element and identifies where it is located or 
codified. The EPA received written comments on the proposed Federal 
plan, which are presented in section III of this preamble. No requests 
for a public hearing were received by EPA.

        Table 3.--Required Elements of the Small MWC Federal Plan
------------------------------------------------------------------------
 Required element of the small MWC
            federal plan                           Location
------------------------------------------------------------------------
Legal authority and enforcement      Section 129(b)(3) of the CAA.
 mechanism.
Inventory of Affected MWC Units....  Docket A-2000-39.
Inventory of Emissions.............  Docket A-2000-39.
Emission Limits....................  40 CFR 62.15155 through 62.15165.
Compliance Schedules...............  40 CFR 62.15040 through 62.15095.
Record of Public Hearings..........  No hearing was requested.
Testing, Monitoring, Recordkeeping,  40 CFR 62.15170 through 62.15360.
 and Reporting.
Progress Reports...................  Section II.H of the proposal
                                      preamble (66 FR 32488).
------------------------------------------------------------------------

III. Summary of Comments and Changes Since Proposal

    In this section of the preamble, the EPA presents a brief summary 
of its responses to the public comments it received on the proposed 
small MWC Federal plan. Copies of the public comments and a memorandum 
responding to them can be found in Docket No. A-2000-39.
    The EPA received only two comments on the proposed small MWC 
Federal plan. Both commenters requested the EPA delay promulgation of 
the small MWC Federal plan until ongoing litigation of the emission 
guidelines for small MWC units (40 CFR part 60, subpart BBBB) is 
resolved. The EPA decided not to delay promulgation of the Federal plan 
because, under sections 111 and 129 of the CAA, the EPA is required to 
promulgate a Federal plan applicable to units located in States which 
have not submitted an approvable State plan within two years of EPA's 
promulgation of an emission guideline. Since this Federal plan 
implements the emission guidelines for small MWC units not covered by 
an EPA approved and effective State or tribal plan, this Federal plan 
will be amended, as necessary, for any future amendments of subpart 
BBBB.
    No comments were received on the emission limits or other 
requirements of the Federal plan, and no changes were made to the 
Federal plan.

[[Page 5148]]

IV. Summary of the Federal Plan Limits and Requirements

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

A. Subcategories of Small MWC Units

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

B. Emission Limits and Operating Practice Requirements

    In accordance with section 129(a)(4) of the Clean Air Act, the 
Federal plan contains emission limits for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, sulfur dioxide, hydrogen 
chloride, nitrogen oxides, and carbon monoxide. The emission limits for 
Class I and Class II small MWC units are listed in tables 2 through 5 
of subpart JJJ. The emission limits in the small MWC Federal plan are 
the same as those contained in the emission guidelines (40 CFR part 60, 
subpart BBBB). In addition to emission limits, the Federal plan 
contains the emission guideline requirements for unit operating load, 
flue gas temperature at the particulate matter control device inlet, 
and carbon feed rate as part of the required good combustion practices. 
The Federal plan also includes requirements for the control of fugitive 
ash emissions.

C. Compliance Schedules

    The Federal plan includes required increments of progress for MWC 
units with compliance schedules that are longer than 12 months. The 
increments of progress in the Federal plan are the same as those in the 
emission guidelines and the primary mechanism for ensuring progress 
toward final compliance. Each increment of progress has a specified 
date for achievement.
    This Federal plan includes five increments of progress for Class I 
units and two increments of progress for Class II units. The increments 
of progress for Class I units are: Submitting a final control plan; 
awarding contracts for control systems or process modifications or 
orders for purchase of components; beginning on-site construction or 
installation of the air pollution control device(s) or process changes; 
completing on-site construction or installation of the air pollution 
control device(s) or process changes; and final compliance. For Class 
II units, dates for only the first and last increments are specified.
    The MWC owner or operator is responsible for meeting each of the 
increments of progress for each MWC unit no later than the applicable 
date. The owner or operator must notify the EPA Regional Office as each 
increment of progress is achieved (or missed). (See table 1 under the 
Supplementary Information section of this notice for a list of Regional 
Offices.) Class I and Class II small MWC units are required to follow 
the generic compliance schedule in table 1 of subpart JJJ, unless the 
State or owner/operator submitted a site-specific compliance schedule 
that was approved by EPA and included in table 9 of subpart JJJ. Under 
the generic compliance schedule, Class I units are required to reach 
final compliance by November 6, 2005. Class II units are required to 
reach final compliance by May 6, 2005.
    In the proposed Federal plan, EPA provided States or MWC owners or 
operators with the opportunity to submit to EPA a site-specific 
compliance schedule as negotiated between the State and an MWC owner or 
operator. This site-specific compliance schedule was included by EPA to 
allow flexibility for the award contract date, the start construction 
date, and the finish construction date. Site-specific schedules for 
Dutchess County RRF and Islip-Mac Arthur RRF in New York State, and 
Harrisburg Materials, Energy, Recycling and Recovery Facility in 
Pennsylvania have been included in table 9 of the final Federal plan.

D. Operator Training and Certification Requirements

    In the Federal plan, ASME operator certification and the EPA MWC 
operator training course are required. The emission guidelines require 
ASME or a comparable State program for operator certification for chief 
facility operators and shift supervisors, and an EPA or comparable 
State MWC operator training course for chief facility operators. 
Therefore, the proposed Federal plan included the opportunity for 
States to submit a comparable State program for operator certification 
and comparable State MWC training courses for inclusion in the final 
Federal plan. The States were required to submit this information 
before November 14, 2001. As of June 5, 2002, no States have submitted 
a comparable State program for operator certification or comparable 
State MWC training courses, so no such programs are included in the 
final Federal plan.

E. Testing, Monitoring, Recordkeeping, and Reporting

    The small MWC Federal plan includes the same testing, monitoring, 
recordkeeping, and reporting requirements specified in 40 CFR part 60, 
subpart BBBB. Small MWC units subject to this Federal plan are required 
to conduct initial and annual stack testing to measure the emission 
levels of dioxins/furans, cadmium, lead, mercury, particulate matter, 
opacity, hydrogen chloride, and fugitive ash. Continuous emission 
monitoring systems are required for monitoring oxygen (or carbon 
dioxide), sulfur dioxide, carbon monoxide, and nitrogen oxides. The 
owner or operator must also monitor the load level, the temperature of 
the flue gases at the inlet to the particulate matter air pollution 
control device, and the carbon feed rate if activated carbon is used to 
control dioxins/furans or mercury emissions.
    In addition to the testing and monitoring requirements, the Federal 
plan includes recordkeeping and reporting requirements, which are 
intended to document compliance with the emission limits and operating 
requirements.

V. 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 a Federal plan or an EPA-approved State or tribal plan becomes 
effective. As discussed above, the Federal plan regulates small MWC 
units in a State or tribal area that does not have an EPA-approved 
plan.
    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

[[Page 5149]]

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 today's 
publication of this 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 implement and enforce the 
emission guidelines, but also have the practical knowledge and 
enforcement resources critical to achieving the highest rate of 
compliance. For these reasons, EPA will do all that it can to expedite 
delegation of the Federal plan to State and local agencies, whenever 
possible.
    The EPA also believes that Indian tribes are the primary parties 
responsible for regulating air quality within Indian country, if they 
desire to do so. See EPA's Indian Policy (``Policy for Administration 
of Environmental Programs on Indian Reservations,'' signed by William 
D. Ruckelshaus, Administrator of EPA, dated November 4, 1984), 
reaffirmed in a 1994 memorandum (``EPA Indian Policy,'' signed by Carol 
M. Browner, Administrator of EPA, dated March 14, 1994).

B. Delegation of the Federal Plan and Retained Authorities

    If a State or Indian tribe intends to take delegation of the 
Federal plan, the State or Indian tribe must submit to the appropriate 
EPA Regional Office a written request for delegation of authority. The 
State or Indian tribe must explain how it meets the criteria for 
delegation specified in Delegation No. 7-139, ``Implementation and 
Enforcement of sections 111(d)(2) and 111(d)(2)/129(b)(3) Federal 
Plans''. See generally ``Good Practices Manual for Delegation of NSPS 
and NESHAP'' (EPA, February 1983). In order to obtain delegation, an 
Indian tribe must also establish its eligibility to be treated in the 
same manner as a State. The letter requesting delegation of authority 
to implement the Federal plan must demonstrate that the State or tribe 
has adequate resources, as well as the legal and enforcement authority 
to administer and enforce the program. A memorandum of agreement 
between the State or tribe and EPA will set forth the terms and 
conditions of the delegation, the effective date of the agreement, and 
will also serve as the mechanism to transfer authority. Upon signature 
of the agreement, the appropriate EPA Regional Office will publish an 
approval notice in the Federal Register, thereby incorporating the 
delegation of authority into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a State or Indian tribe, EPA will 
implement and enforce 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 to a State or tribe certain authorities which 
could change the stringency of the underlying standard, which are 
likely to be nationally significant, or which may require a national 
rulemaking and subsequent Federal Register notice. The following 
authorities may not be delegated to State, tribal or local agencies: 
approval of alternative non-opacity emission standards, approval of 
alternative opacity standard, approval of major alternatives to test 
methods, approval of major alternatives to monitoring, waiver of 
recordkeeping, and approval of exemption to operating practice 
requirements in Sec.  62.15145(e)(5).

C. Mechanisms for Transferring Authority

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

[[Page 5150]]

bringing enforcement actions against sources violating Federal plan 
provisions. EPA recognizes, however, 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.

VI. Title V Operating Permits

    Sources subject to this small MWC Federal plan must obtain title V 
operating permits. These title V operating permits must assure 
compliance with all applicable requirements for these sources, 
including all applicable requirements of this Federal plan. See 40 CFR 
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
    Owners or operators of section 129 sources (including small MWC 
units) subject to standards 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 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 62.15400(c)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 small MWC 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 BBBB 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 action, all areas of the country are 
covered by effective title V programs. As a result, the relevant 
section 129(e) date for existing small MWC units is 36 months following 
promulgation of 40 CFR part 60, subpart BBBB, i.e., December 6, 2003. 
Therefore, December 6, 2003, is the latest possible date by which 
complete applications for existing small MWC units can be submitted and 
still be considered timely. This date applies regardless of when the 
small MWC Federal plan becomes effective or when an EPA approved 
section 111(d)/129 plan for existing small MWC units becomes effective. 
If, however, an earlier application deadline applies to an existing 
small MWC unit, then this deadline must be met in order for the unit to 
be in compliance with section 502(a) of the CAA. To determine when an 
application is due for an existing small MWC unit, section 129(e) of 
the CAA must be read in conjunction with section 503(c) of the CAA.
    As stated in section 503(c), a source has up to 12 months to apply 
for a title V permit once it becomes subject to a title V permitting 
program.\4\ For example, if an existing small MWC unit becomes subject 
to a title V permitting program for the first time on the effective 
date of this Federal plan, then the source must apply for a title V 
permit within 12 months of the effective date of this Federal plan in 
order to operate after this date in compliance with Federal law.
    An application deadline earlier than either of the two dates noted 
above, i.e., December 6, 2003, or not later than 12 months after the 
effective date of this Federal plan, may apply to an existing small MWC 
unit if it is subject to title V for more than one reason. For example, 
an existing small MWC unit may already be subject to title V as a 
result of being a major source under one or more of three major source 
definitions in title V--section 112, section 302, or part D of title I 
of the CAA. See 40 CFR 70.3(a)(1) and 71.3(a)(1) (subjecting major 
sources to title V permitting) and 40 CFR 70.2 and 71.2 (defining major 
source for purposes of title V). 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 the title V application by including the 
applicable requirements of this Federal plan in accordance with 40 CFR 
70.5(b) or 71.5(b). If an existing small MWC 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 the permitting authority a notice 
of intent to reopen the source's title V permit to include the 
requirements of this Federal plan. Reopenings required for such small 
MWC 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 
small MWC 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\

[[Page 5151]]

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.
---------------------------------------------------------------------------

    \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.
    \5\ See CAA section 502(b)(9); 40 CFR 70.7(f)(1)(i) and 
71.7(f)(1)(i). Owners or operators of small MWC units, which have 
been permitted and are subject to this Federal plan, may wish to 
consult their operating permits program regulations or permitting 
authorities to determine whether their permits must be reopened to 
incorporate the requirements of this Federal plan.
---------------------------------------------------------------------------

    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 table 4 to help clarify when small MWC units 
(even those not subject to this Federal plan) must apply for a title V 
permit. While table 4 provides specific information relative to small 
MWC 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, table 4 takes into account that as of the 
promulgation date, i.e., December 6, 2000, for the NSPS (subpart AAAA 
of part 60) and emission guidelines (subpart BBBB of part 60) for small 
MWC 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.

                 Table 4.--Deadlines for Title V Permits
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 Submitting Title V Permit Applications
----------------------------------------
If a small MWC unit is a major source    then a complete title V
 or is part of a major source, and had    application which covers the
 commenced operation as of the            entire source \a\ is due not
 effective date of relevant title V       later than 12 months (or if
 permits program.                         required by the title V
                                          permitting authority) after
                                          the effective date of the
                                          relevant title V permits
                                          program. See CAA section
                                          503(c) and 40 CFR commenced
                                          70.4(b)(11)(i), 71.4(i)(1),
                                          70.5(a)(1)(i) and
                                          71.5(a)(1)(i).
----------------------------------------
If a small MWC unit is a major source    then a complete title V
 or is part of a major source, but did    application which covers the
 not commence operation until after the   entire source is due not later
 relevant title V permits program         than 12 months (or earlier if
 became effective.                        required by the title V
                                          permitting authority) after
                                          the date the source commences
                                          operation. See CAA section
                                          503(c) and 40 CFR
                                          70.5(a)(1)(i) and
                                          71.5(a)(1)(i).
----------------------------------------
If a small MWC unit is a nonmajor        then a complete title V
 source or is part of a nonmajor          application \b\ is due not
 source, is subject to the small MWC      later than 12 months after
 NSPS (subpart AAAA of 40 CFR part 60),   subpart AAAA was promulgated,
 and had commenced operation as of        i.e., December 6, 2001 (or
 December 6, 2000.                        earlier if required by the
                                          title V permitting authority).
                                          See CAA section 503(c) and 40
                                          CFR 70.5(a)(1)(i) and
                                          71.5(a)(1)(i).
----------------------------------------
If a small MWC unit is a nonmajor        then a complete title V
 source or is part of a nonmajor          application is due not later
 source, is subject to the small MWC      than 12 months (or earlier if
 NSPS (subpart AAAA of 40 CFR part 60),   required by the title V
 but did not commence operation until     permitting authority) after
 after December 6, 2000.                  the date the source commences
                                          operation. See CAA section
                                          503(c) and 40 CFR
                                          70.5(a)(1)(i) and
                                          71.5(a)(1)(i).
----------------------------------------
If a small MWC unit is a nonmajor        then a complete title V
 source or is part of a nonmajor          application is due not later
 source, and is subject to an EPA         than 12 months (or earlier if
 approved and effective State or tribal   required by the title V
 section 111(d)/129 plan.                 permitting authority) after
                                          the effective date of the EPA
                                          approved State or tribal
                                          section 111(d)/129 plan.\c\
                                          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
                                          small MWC unit submit a
                                          complete title V application
                                          after December 6, 2003, and
                                          have it be considered timely.
                                          See CAA section 129(e) and
                                          section or tribal 62.15400 of
                                          subpart JJJ.
----------------------------------------
If a small MWC unit is nonmajor source   then a complete title V
 or is part of a nonmajor source, and     application is due not later
 is subject to the small MWC Federal      than 12 months (or earlier if
 plan (subpart JJJ of 40 CFR part 62).    required by the title V
                                          permitting authority) after
                                          the effective date of 40 CFR
                                          part 62, subpart JJJ. 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
                                          small MWC unit submit a
                                          complete title V application
                                          after December 6, 2003, and
                                          have it considered timely. See
                                          CAA section 129(e) and section
                                          62.15400 of subpart JJJ.
----------------------------------------
If a small MWC unit is required to       then a complete title V
 obtain a title permit due to             application is due not later
 triggering more than one of the          than 12 months (or earlier if
 applicability criteria listed above or   required by the title V
 in 40 CFR 70.3(a) or 71.3(a).            permitting authority) after
                                          the unit triggers the
                                          criterion which first 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 small MWC unit submit
                                          a complete title V application
                                          after December 6, 2003, and
                                          have it be considered timely.
                                          See CAA section 129(e) and
                                          section 62.15400 of subpart
                                          JJJ.
----------------------------------------
       Reopening Title V Permits
----------------------------------------
If a small MWC unit is a major source    then the title V permitting
 or is part of a major source, is         authority must complete a
 subject to the small MWC NSPS (subpart   reopening of the source's
 AAAA of 40 CFR part 60), and is          title V permit to incorporate
 covered by a title V permit with a       the requirements of 40 CFR
 remaining permit term of 3 or more       part 60, subpart AAAA not
 years on December 6, 2000.               later than June 6, 2002. See
                                          CAA section 502(b)(9); 40 CFR
                                          70.7(f)(1)(i) and
                                          71.7(f)(1)(i).
----------------------------------------

[[Page 5152]]

 
If a small MWC unit is a major source    then the title V permitting
 or is part of a major source, is         authority must complete a
 subject to an EPA approved and           reopening of the source's
 effective State or tribal section        title V permit to incorporate
 111(d)/129 plan for small MWC units,     the requirements of this EPA
 and is covered by a title V permit       approved and effective section
 with a remaining permit team of 3 or     111(d)/129 plan not later than
 more years on the effective date of      18 months after the effective
 the EPA approved section 111(d)/129      date of this plan. See CAA
 plan.                                    section 502(b)(9); 40 CFR
                                          70.7(f)(1)(i) and
                                          71.7(f)(1)(i).
----------------------------------------
If a small MWC unit is a major source    then the title V permitting
 or is part of a major source, is         authority must complete a
 subject to the small MWC Federal plan    reopening of the source's
 (subpart JJJ of 40 CFR part 62), and     title V permit to incorporate
 is covered by a title V permit with a    the requirements of subpart
 remaining permit term of 3 or more       JJJ of 40 CFR part 62 not
 years on the effective date of this      later than 18 months after the
 Federal plan.                            effective date of the small
                                          MWC Federal plan. See CAA
                                          section 502(b)(9); 40 CFR
                                          70.7(f)(1)(i) and
                                          71.7(f)(1)(i).
----------------------------------------
    Updating Existing Title V Permit
              Applications
----------------------------------------
If a small MWC unit is subject to the    then the owner or operator must
 small MWC NSPS (subpart AAAA of 40 CFR   supplement the title V
 part 60), but first became subject to    application by including the
 title V permitting prior to the          applicable requirements of 40
 promulgation of this NSPS, and the       CFR part 60, subpart AAAA in
 owner or operator of the unit has        accordance with 40 CFR 70.5(b)
 submitted a timely and complete title    or 71.5(b).
 V permit application, but the draft
 title V permit has not yet been
 released by the permitting authority.
----------------------------------------
If a small MWC unit is subject to an     then the owner or operator must
 EPA approved and effective State or      supplement the title V
 tribal section 111(d)/129 plan for       application by including the
 small MWC units, but first became        applicable requirements of the
 subject to title V permitting prior to   approved and effective section
 the effective date of the section        111(d)/129 plan in accordance
 111(d)/129 plan, and the owner or        with 40 CFR 70.5(b) or
 operator of the unit has submitted a     71.5(b).
 timely and complete title V permit
 application, but the draft title V
 permit has not yet been released by
 the permitting authority.
----------------------------------------
If a small MWC unit is subject to the    then the owner or operator must
 small MWC Federal plan (subpart JJJ of   supplement the title V
 40 CFR part 62), but first became        application by including the
 subject to title V permitting prior to   applicable requirements of 40
 the effective date of this Federal       CFR part 62, subpart JJJ in
 plan, and the owner or operator of the   accordance with 40 CFR 70.5(b)
 unit has submitted a timely and          or 71.5(b).
 complete title V permit application,
 but the draft title V permit has not
 yet been released by the permitting
 authority.
------------------------------------------------------------------------
\a\ A title V application from a major source must address all emission
  units at the title V source, not just the section 129 emission unit.
  See 40 CFR 70.3(c)(1) and 71.3(c)(1). (For information on aggregating
  emission 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.)
\b\ 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 emission 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).
\c\ If a small MWC 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 small MWC unit is still required to file a
  complete title V application consistent with the application deadlines
  for units subject to the small MWC Federal plan.

A. Clarification to the Rule

    The language in Sec.  62.15020(k) regarding air curtain 
incinerators has been clarified to be consistent with the language in 
Sec.  62.15395 regarding title V permitting. In that air curtain 
incinerators are subject to this subpart, they are required to apply 
for and obtain a title V permit consistent with the requirements of 
Sec. Sec.  62.15395 and 62.15400. As a result, the language in Sec.  
62.15020(k) has been modified to specify that air curtain incinerators 
which meet the definition of air curtain incinerator found in Sec.  
62.15410 must meet only the requirements of Sec. Sec.  62.15365 through 
62.15385 and the operating permit requirements of this subpart.

B. 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

[[Page 5153]]

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.\6\ 
See 40 CFR 70.7(f)(1)(i).
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    \6\ An owner or operator of a source subject to a section 111/
129 Federal plan remains subject to, and must act in compliance 
with, 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.
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    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.\7\ 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 this 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.
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    \7\ 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 5 years; shorter terms 
for such permits are not allowed.
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    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.\8\ 
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.
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    \8\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
approval of major alternatives to test methods.
---------------------------------------------------------------------------

    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.\9\ Some States or 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.
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    \9\ The EPA interprets the phrase ``assure complaince'' 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).
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    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.\10\ 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.
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    \10\ It is important to note that an AG's opinion submitted at 
the time of initial title V program apporoval 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 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

[[Page 5154]]

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.

VII. Administrative Requirements

    This section addresses the following administrative requirements: 
Regulatory Planning and Review; Federalism; Consultation and 
Coordination with Indian Tribal Governments; Protection of Children 
from Environmental Health Risks and Safety Rules; Unfunded Mandates 
Reform Act of 1995; Regulatory Flexibility Act as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996; Paperwork 
Reduction Act; National Technology Transfer and Advancement Act; 
Congressional Review Act; and Energy Effects. Many of these 
administrative requirements were addressed in the preamble to the small 
MWC emission guidelines (65 FR 76378). Since this Federal plan merely 
implements the emission guidelines promulgated on December 6, 2000, and 
does not impose any new requirements, many of the administrative 
requirements refer to the administrative requirements in the preamble 
to the small MWC emission guidelines.

A. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant,'' and 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    1. Have an annual effect on the economy of $100 million or more, or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The emission guidelines promulgated on December 6, 2000, are 
projected to have an impact of approximately $68 million annually 
(Docket No. A-98-18). This Federal plan merely implements those 
emission guidelines, and does not impose any new requirements. 
Therefore, EPA has determined that this Federal plan is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to OMB review.

B. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State 
law, unless EPA consults with State and local officials early in the 
process of developing the regulation.
    This Federal plan does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The States have the primary 
responsibility for negotiating compliance schedules and incorporating 
the emission limits into a State plan. Since sources are only covered 
by a Federal plan if an EPA approved and effective State plan is not in 
place, the Federal plan does not add substantial additional costs. 
Thus, the requirements of section 6 of the Executive Order do not apply 
to this Federal plan.

C. 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.''
    The EPA believes that no small MWC units are located in Indian 
country. As a result, this final 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 and Indian tribes, as specified in Executive Order 
13175. Thus, Executive Order 13175 does not apply to this rule.

[[Page 5155]]

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that is determined to be ``economically significant'' as 
defined under Executive Order 12866 and concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA must evaluate the environmental health or safety 
effects of the planned rule on children and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This Federal plan is not 
subject to Executive Order 13045 because it is not economically 
significant as defined in Executive Order 12866 and because it is based 
on technology performance and not on health and safety risks.

E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, or tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that this Federal plan does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, or tribal governments, in the aggregate, or the 
private sector in any 1 year. The Federal plan merely implements the 
small MWC emission guidelines and does not impose any new requirements. 
The Environmental Impact Assessment (EIA) for the small municipal waste 
combustor emission guidelines (Docket No. A-98-18) shows that the total 
annual costs of the emission guidelines is about $68 million per year 
(in 1997 dollars), starting on the fifth year after the emission 
guidelines are promulgated. The Federal plan will apply to only a small 
subset of the units considered in the EIA for the emission guidelines. 
Thus, this Federal plan is not subject to the requirements of sections 
202 and 205 of UMRA. Although the emission guidelines were not subject 
to UMRA, EPA prepared a cost-benefit analysis under section 202 of UMRA 
for the 1995 emission guidelines. For a discussion of how EPA complied 
with UMRA for the 1995 emission guidelines, including its extensive 
consultations with State and local governments, see the preamble to the 
1995 emission guidelines (60 FR 65405-65412, December 19, 1995). 
Because the emission guidelines are equivalent to the 1995 emission 
guidelines, no additional consultations were necessary during the 
reestablishment of emission guidelines for small MWC units. However, 
public comments were solicited in the process of reestablishing the 
small MWC emission guidelines and in proposing the Federal plan, 
providing the opportunity for input from state and local governments 
and small entities.

F. Regulatory Flexibility Act (RFA) as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA)

    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the emission guidelines on 
small entities, a small entity is defined as:
    1. A small business in this industry that has a gross annual 
revenue less than $6 million;
    2. A small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; or
    3. A small organization that is any not-for-profit enterprise that 
is independently owned and operated and is not dominant in its field.
    After considering the economic impacts of the Federal plan on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The EPA 
expects State plans to affect many small MWC units before the final 
small MWC Federal plan becomes effective. As State plans are submitted 
and become effective, the Federal plan no longer applies. Therefore, 
the impact of this Federal plan is expected to be less than the impact 
identified in developing the MWC emission guidelines.
    EPA's analysis indicates eight existing small MWC units (operated 
by one small business and seven small governments) would be subject to 
the emission guidelines. In the analysis for the MWC units that are 
considered small entities, EPA calculated compliance costs as a 
percentage of sales for business and a percentage of income (total 
household income) for governments. The average estimated annual 
compliance cost as a percentage of income is 0.03 percent for the seven 
small government entities and 39 percent for the one small business. 
Among the seven potentially affected government entities, the maximum 
compliance cost was 0.25 percent.
    Although this Federal plan will not have a significant economic 
impact on a substantial number of small entities, EPA has tried to 
reduce the impact of

[[Page 5156]]

the emission guidelines and this Federal plan on small entities by 
establishing different requirements for Class I and Class II MWC units 
and establishing provisions for less frequent testing for small Class 
II units. In addition, EPA involved representatives of small entities 
in the development of the emission guidelines. For a summary of the 
actions that EPA took to involve small entities and their 
representatives in the development of the emission guidelines, refer to 
the discussion of the Unfunded Mandates Reform Act in section VII.E.

G. Paperwork Reduction Act

    The OMB has approved the information collection requirements in the 
emission guidelines under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq and has assigned OMB control number 2060-
0424.
    The information will be used to ensure that the small MWC unit 
Federal plan requirements are implemented properly and are complied 
with on a continuous basis. Records and reports are necessary to 
identify small MWC units that might not be in compliance with the small 
MWC unit Federal plan. Based on reported information, the implementing 
agency will decide which small MWC units should be inspected and what 
records or processes should be inspected. Records that owners and 
operators of small MWC units maintain indicate whether personnel are 
operating and maintaining control equipment properly.
    These recordkeeping and reporting requirements are specifically 
authorized by sections 114 and 129 of the CAA (42 U.S.C. 7414). All 
information submitted to the EPA for which a claim of confidentiality 
is made will be safeguarded according to EPA policies in 40 CFR part 2, 
subpart B, Confidentiality of Business Information.
    The emission guidelines are projected to affect approximately 90 
small MWC units located at 41 plants. The estimated average annual 
burden for industry for the first 3 years after implementation of the 
emission guidelines would be 1,297 person-hours annually. There will be 
no capital costs for monitoring or recordkeeping during the first 3 
years. The estimated average annual burden, over the first 3 years, for 
the implementing agency would be 773 hours with a cost of $30,869 
(including travel expenses) per year. The Federal plan will apply to 
only a subset of the units expected to be affected by the emission 
guidelines.
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the agency displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The EPA 
is amending the table in 40 CFR part 9 of currently approved ICR 
control numbers issued by OMB for various regulations to list the 
information collection requirements contained in this Federal plan.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the Office of Management and Budget 
(OMB), with explanations when an agency does not use available and 
applicable voluntary consensus standards.
    This final rule involves technical standards. This Federal Plan 
uses EPA Methods 1, 3, 3A, 5, 5D, 9, 10, 22, 23, 26, 26A, 29, and 
Performance Specifications (PS) 1, 2, 3, and 4A. Consistent with the 
NTTAA, EPA conducted searches to identify voluntary consensus standards 
in addition to these EPA methods/performance specifications. No 
applicable voluntary consensus standards were identified for EPA 
Methods 9, 22, PS 3, and PS 4A. The search and review results have been 
documented and are placed in the docket No. A-2000-39 for this plan.
    Two voluntary consensus standards were identified as applicable and 
EPA has used them in this plan. One voluntary consensus standard was 
identified as applicable to PS 1. The standard ASTM D6216 (1998), 
``Standard Practice for Opacity Monitor Manufacturers to Certify 
Conformance with Design and Performance Specifications,'' has been 
incorporated by reference into PS 1. The PS 1 rule was published in the 
Federal Register on August 10, 2000.
    Another voluntary consensus standard, ASTM D4536-96 ``Particulate 
(Matter) Modified High Volume,'' has been adopted as an alternative to 
the sampling equipment and procedures in Methods 5 or 17 in conducting 
emissions testing of positive pressure fabric filter control devices. 
The ASTM D4536-96 equipment and procedures will be used in conjunction 
with the sample traverse and calculations as described in Method 5D for 
this application.
    Three voluntary consensus standards have already been incorporated 
by reference into Sec.  60.17. One consensus standard by the American 
Society of Mechanical Engineers (ASME) was identified for use in this 
plan for the measurement of MWC unit load level (steam output). The EPA 
believes this standard is practical to use in this plan as the method 
to measure MWC unit load. The EPA has already incorporated by reference 
(IBR) ``ASME Power Test Codes: Test Code for Steam Generating Units, 
Power Test Code 4.1--1964 (R1991)'' in 60.17 paragraphs (h)(1), (h)(2), 
and (h)(3).
    A second consensus standard by ASME was identified for potential 
use in this plan for designing, constructing, installing, calibrating, 
and using nozzles and orifices. The EPA believes this standard is 
practical to use for the design, construction, installation, 
calibration, and use of nozzles and orifices. The EPA has already 
incorporated by reference (IBR) ``American Society of Mechanical 
Engineers Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th edition (1971)'' in Sec.  
60.17, paragraphs (h)(1), (h)(2), and (h)(3).
    A third consensus standard by ASME (QRO-1-1994) was identified for 
use for MWC plant operator certification requirements instead of 
developing new operator certification procedures. The EPA believes this 
standard is practical to use in the emission guidelines that require a 
chief facility operator and shift supervisor to successfully complete 
the

[[Page 5157]]

operator certification procedures developed by ASME. The EPA has 
already incorporated by reference (IBR) (QRO-1-1994) in Sec.  60.17, 
paragraphs (h)(1), (h)(2), and (h)(3).
    In addition to the voluntary consensus standards identified above, 
EPA identified 21 other voluntary consensus standards for emission 
measurement procedures. The EPA determined that 17 of these 21 
standards were impractical alternatives to EPA test methods/performance 
specifications for the purposes of this Federal plan. Therefore, EPA 
has not adopted these standards today. The reasons for this 
determination for the 17 methods are discussed below.
    The European standard EN 1911-1,2,3 (1998), ``Stationary Source 
Emissions--Manual Method of Determination of HCl--Part 1: Sampling of 
Gases Ratified European Text--Part 2: Gaseous Compounds Absorption 
Ratified European Text--Part 3: Adsorption Solutions Analysis and 
Calculation Ratified European Text,'' is impractical as an alternative 
to EPA Methods 26 and 26A. Part 3 of this standard cannot be considered 
equivalent to EPA Method 26 or 26A because the sample absorbing 
solution (water) would be expected to capture both HCl and chlorine 
gas, if present, without the ability to distinguish between the two. 
The EPA Methods 26 and 26A use an acidified absorbing solution to first 
separate HCl and chlorine gas so that they can be selectively absorbed, 
analyzed, and reported separately. In addition, in EN 1911 the 
absorption efficiency for chlorine gas would be expected to vary as the 
pH of the water changed during sampling.
    Three standards: ASTM D4358-94 (1999), ``Standard Test Method for 
Lead and Chromium in Air Particulate Filter Samples of Lead Chromate 
Type Pigment Dusts by Atomic Absorption Spectroscopy;'' ASTM E1741-95 
(1995), ``Standard Practice for Preparation of Airborne Particulate 
Lead Samples Collected During Abatement and Construction Activities for 
Subsequent Analysis by Atomic Spectrometry;'' and ASTM E1979-98 (1998), 
``Standard Practice for Ultrasonic Extraction of Paint, Dust, Soil, and 
Air Samples for Subsequent Determination of Lead,'' are impractical as 
alternatives to EPA Methods 12 and 29 in this Federal plan. These ASTM 
standards do not require the use of glass fiber filters as in EPA 
Method 12 and require the use of significantly different digestion 
procedures that appear to be more mild than the EPA Method 12 digestion 
procedure. For these reasons, these ASTM standards cannot be considered 
equivalent to EPA Method 12. Also, the subject ASTM standards do not 
require the use of hydrogen fluoride (HF) as in EPA Method 29 and, 
therefore, they cannot be used for the preparation, digestion, and 
analysis of Method 29 samples. Additionally, Method 29 requires the use 
of a glass fiber filter, whereas these three ASTM standards require 
cellulose filters and other probable nonglass fiber media which cannot 
be considered equivalent to EPA Method 29.
    The following nine methods are impractical alternatives to EPA test 
methods/performance specifications for the purposes of this plan 
because they are too general, too broad, or not sufficiently detailed 
to assure compliance with EPA regulatory requirements: ASTM D3154-91 
(1995), ``Standard Method for Average Velocity in a Duct (Pitot Tube 
Method),'' for EPA Methods 1, 2, 3B, and 4; ASME C00031 or PTC 19-10-
1981--part 10, ``Flue and Exhaust Gas Analyses,'' for EPA Method 3; 
ASTM D5835-95, ``Standard Practice for Sampling Stationary Source 
Emissions, for Automated Determination of Gas Concentration,'' for EPA 
Method 3A; ISO 10396:1993, ``Stationary Source Emissions: Sampling for 
the Automated Determination of Gas Concentrations,'' for EPA Method 3A; 
CAN/CSA Z223.2-M86(1986), ``Method for the Continuous Measurement of 
Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of 
Nitrogen in Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A; 
CAN/CSA Z223.21-M1978, ``Method for the Measurement of Carbon Monoxide: 
3--Method of Analysis by Non-Dispersive Infrared Spectrometry,'' for 
EPA Methods 10 and 10A; European Committee for Standardization (CEN) EN 
1948-3 (1997), ``Determination of the Mass Concentration of PCDD'S/
PCDF'S--Part 3: Identification and Quantification,'' for EPA Method 23; 
ISO 7935:1992, ``Stationary Source Emissions--Determination of the Mass 
Concentration of Sulfur Dioxide--Performance Characteristics of 
Automated Measuring Methods,'' for EPA Performance Specification 2 
(sulfur dioxide portion only); and ISO 10849:1996, ``Determination of 
the Mass Concentration of Nitrogen Oxides--Performance Characteristics 
of Automated Measuring Systems,'' for EPA Performance Specification 2 
(nitrogen oxide portion only).
    The following four methods are impractical alternatives to EPA test 
methods for the purposes of this plan because they lack sufficient 
quality assurance and quality control requirements necessary for EPA 
compliance assurance requirements: ASME PTC-38-80 R85 or C00049, 
``Determination of the Concentration of Particulate Matter in Gas 
Streams,'' for EPA Method 5; ASTM D3685/D3685M-98, ``Test Methods for 
Sampling and Determination of Particulate Matter in Stack Gases,'' for 
EPA Method 5; ISO 9096:1992, ``Determination of Concentration and Mass 
Flow Rate of Particulate Matter in Gas Carrying Ducts--Manual 
Gravimetric Method,'' for EPA Method 5; and CAN/CSA Z223.26-M1987, 
``Measurement of Total Mercury in Air Cold Vapour Atomic Absorption 
Spectrophotometeric Method,'' for EPA Method 29.
    The following four of the 21 voluntary consensus standards 
identified in this search were not available at the time the review was 
conducted for the purposes of this plan because they are under 
development by a voluntary consensus body: ASME/BSR MFC 13M, ``Flow 
Measurement by Velocity Traverse,'' for EPA Method 1 (and possibly 2); 
ISO/DIS 12039, ``Stationary Source Emissions--Determination of Carbon 
Monoxide, Carbon Dioxide, and Oxygen--Automated Methods,'' for EPA 
Method 3A; PREN 13211 (1998), ``Air Quality--Stationary Source 
Emissions--Determination of the Concentration of Total Mercury,'' for 
EPA Methods 101, 101A, 29 (portion for mercury only); and ASTM Z6590Z, 
``Manual Method for Both Speciated and Elemental Mercury,'' for EPA 
Methods 101A and 29 (portion for mercury only). While we are not 
proposing to include these four voluntary consensus standards in 
today's proposal, the EPA will consider the standards when final.
    Tables 6, 7, and 8 of subpart JJJ list the EPA testing methods/
performance specifications included in the Federal Plan Requirements 
for Small Municipal Waste Combustion Units. Under Sec.  63.8(f) of 
subpart A of the General Provisions, a source may apply to EPA for 
permission to use alternative monitoring in place of any of the EPA 
testing methods/performance specifications.

I. Congressional Review Act

    The congressional Review Act, 5 U.S.C. 801, et. seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
adopting the rule must submit a rule report, which includes a copy of 
the rule, to each House of the Congress and to the Comptroller General 
of the United States. The EPA will submit a report containing this rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and

[[Page 5158]]

the Comptroller General of the United States prior to publication of 
this rule in the Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

J. Executive Order 13211--Energy Effects

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

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Municipal waste combustion.

    Dated: December 19, 2002.
Christine Todd Whitman,
Administrator.

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

PART 62--[AMENDED]

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

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

    2. Section 62.02 is amended by revising paragraph (b) to read as 
follows:


Sec.  62.02  Introduction.

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

    3. Section 62.13 is amended by adding paragraphs (d) and (e) to 
read as follows:


Sec.  62.13  Federal plans.

* * * * *


(d)  [Reserved]

    (e) The substantive requirements of the small municipal waste 
combustion unit Federal plan are contained in subpart JJJ of this part. 
These requirements include emission limits, compliance schedules, 
testing, monitoring, and reporting and recordkeeping requirements.

    4. Part 62 is amended by adding subpart JJJ to read as follows:

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

Introduction

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

Applicability of This Subpart

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

Compliance Schedule and Increments of Progress

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

Good Combustion Practices: Operator Training

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

Good Combustion Practices: Operator Certification

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

Good Combustion Practices: Operating Requirements

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

Emission Limits

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

Continuous Emission Monitoring

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

[[Page 5159]]

62.15215 What is required for my continuous opacity monitoring 
system and how are the data used?
62.15220 What additional requirements must I meet for the operation 
of my continuous emission monitoring systems and continuous opacity 
monitoring system?
62.15225 What must I do if my continuous emission monitoring system 
is temporarily unavailable to meet the data collection requirements?

Stack Testing

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

Other Monitoring Requirements

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

Recordkeeping

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

Reporting

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

Air Curtain Incinerators That Burn 100 Percent Yard Waste

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

Equations

62.15390 What equations must I use?

Title V Requirements

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

Delegation of Authority

62.15405 What authorities are retained by the Administrator?

Definitions

62.15410 What definitions must I know?

Tables

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

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

Introduction


Sec.  62.15000  What is the purpose of this subpart?

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


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

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

Applicability of this Subpart


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

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

[[Page 5160]]

municipal waste combustion unit primarily to comply with this subpart, 
then subpart AAAA of 40 CFR part 60 (New Source Performance Standards 
for Small Municipal Waste Combustion Units) does not apply to your 
unit. Such changes do not constitute modifications or reconstructions 
under subpart AAAA of 40 CFR part 60.
    (d) Upon approval of the State or tribal plan, this subpart will no 
longer apply, except for the provisions of this subpart that may have 
been incorporated by reference under the State or Tribal plan, or 
delegated to the State by the Administrator.


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

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


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

    (a) Small municipal waste combustion units that combust less than 
11 tons per day. Your unit is exempt from this subpart if four 
requirements are met:
    (1) Your municipal waste combustion unit is subject to a federally 
enforceable permit limiting municipal solid waste combustion to less 
than 11 tons per day.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You submit to the Administrator a copy of the federally 
enforceable permit.
    (4) You keep daily records of the amount of municipal solid waste 
combusted.
    (b) Small power production units. Your unit is exempt from this 
subpart if four requirements are met:
    (1) Your unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You submit to the Administrator documentation that the unit 
qualifies for this exemption.
    (c) Cogeneration units. Your unit is exempt from this subpart if 
four requirements are met:
    (1) Your unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You submit to the Administrator documentation that the unit 
qualifies for this exemption.
    (d) Municipal waste combustion units that combust only tires. Your 
unit is exempt from this subpart if three requirements are met:
    (1) Your municipal waste combustion unit combusts a single-item 
waste stream of tires and no other municipal waste (the unit can cofire 
coal, fuel oil, natural gas, or other nonmunicipal solid waste).
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator documentation that the unit 
qualifies for this exemption.
    (e) Hazardous waste combustion units. Your unit is exempt from this 
subpart if the unit has received a permit under section 3005 of the 
Solid Waste Disposal Act.
    (f) Materials recovery units. Your unit is exempt from this subpart 
if the unit combusts waste mainly to recover metals. Primary and 
secondary smelters may qualify for this exemption.
    (g) Cofired units. Your unit is exempt from this subpart if four 
requirements are met:
    (1) Your unit has a federally enforceable permit limiting municipal 
solid waste combustion to 30 percent of the total fuel input by weight.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You record the weights, each quarter, of municipal solid waste 
and of all other fuels combusted.
    (h) Plastics/rubber recycling units. Your unit is exempt from this 
subpart if four requirements are met:
    (1) Your pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' (Sec.  
62.15410).
    (2) You record the weight, each quarter, of plastics, rubber, and 
rubber tires processed.
    (3) You record the weight, each quarter, of feed stocks produced 
and marketed from chemical plants and petroleum refineries.
    (4) You keep the name and address of the purchaser of the feed 
stocks.
    (i) Units that combust fuels made from products of plastics/rubber 
recycling plants. Your unit is exempt from this subpart if two 
requirements are met:
    (1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, 
residual oil, refinery gas, petroleum coke, liquified petroleum gas, 
propane, or butane produced by chemical plants or petroleum refineries 
that use feed stocks produced by plastics/rubber recycling units.
    (2) Your unit does not combust any other municipal solid waste.
    (j) Cement kilns. Your unit is exempt from this subpart if your 
cement kiln combusts municipal solid waste.
    (k) Air curtain incinerators. If your air curtain incinerator (see 
Sec.  62.15410 for definition) combusts 100 percent yard waste, then 
you must meet only the requirements under ``Air Curtain Incinerators 
That Burn 100 Percent Yard Waste'' (Sec. Sec.  62.15365 through 
62.15385) and the title V operating permit requirements of this 
subpart. However, if your air curtain incinerator combusts municipal 
solid waste other than yard waste, it is subject to all provisions of 
this subpart.


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

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


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

    If you reduce your small municipal waste combustion unit's 
combustion capacity to less than 35 tons per day by the final 
compliance date, you must comply only with the following requirements:

[[Page 5161]]

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


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

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

Compliance Schedule and Increments of Progress


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

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


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

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


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

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


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

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


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

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


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

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


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

    You must submit a signed copy of the contracts awarded to initiate 
onsite construction, initiate onsite installation of emission control 
equipment, and incorporate process changes. Submit the

[[Page 5162]]

copy of the contracts with the notification that this increment of 
progress has been achieved. You do not need to include documents 
incorporated by reference or the attachments to the contracts.


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

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


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

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


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

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


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

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


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

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

Good Combustion Practices: Operator Training


Sec.  62.15100  What types of training must I do?

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


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

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


Sec.  62.15110  Who must complete the plant-specific training course?

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


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

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


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

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

[[Page 5163]]

    (h) Procedures for minimizing carryover of particulate matter.
    (i) Procedures for handling ash.
    (j) Procedures for monitoring emissions from the municipal waste 
combustion unit.
    (k) Procedures for recordkeeping and reporting.


Sec.  62.15125  Where must I keep the plant-specific operating manual?

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

Good Combustion Practices: Operator Certification


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

    (a) Each chief facility operator and shift supervisor must obtain 
and maintain a current provisional operator certification from either 
the American Society of Mechanical Engineers QRO-1-1994 or a State 
certification program in Connecticut and Maryland (if the affected 
facility is located in either of the respective States). If ASME 
certification is chosen, proceed in accordance with ASME QRO-1-1994. 
Standard for the Qualification and Certification of Resource Recovery 
Facility Operators. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C.552(a) and 1 CFR 
part 51. You may obtain a copy from the American Society of Mechanical 
Engineers, Service Center, 22 Law Drive, Post Office Box 2900, 
Fairfield, NJ 07007. You may inspect a copy at the Office of Air 
Quality Planning and Standards Air Docket, EPA, 109 T.W. Alexander 
Drive, Room C521C, RTP, NC 27709 or at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
    (b) Each chief facility operator and shift supervisor must obtain a 
provisional certification by the later of three dates:
    (1) For Class I units, 12 months after the effective date of this 
subpart. For Class II units, 18 months after the effective date of this 
subpart.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of two actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers.
    (2) Schedule a full certification exam with the American Society of 
Mechanical Engineers (QRO-1-1994 (incorporated by reference in Sec.  
60.17 of subpart A of 40 CFR part 60)).
    (d) The chief facility operator and shift supervisor must obtain 
the full certification or be scheduled to take the certification exam 
by the later of the following dates:
    (1) For Class I units, 12 months after the effective date of this 
subpart. For Class II units, 18 months after the effective date of this 
subpart.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste 
combustion unit or 6 months after they are hired to work at the 
municipal waste combustion unit.


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

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


Sec.  62.15140  What if all the certified operators must be temporarily 
offsite?

    If the certified chief facility operator and certified shift 
supervisor both are unavailable, a provisionally certified control room 
operator at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor is 
away, you must meet one of three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for 12 hours or less and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator.
    (b) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, the provisionally certified 
control room operator may perform those duties without notice to, or 
approval by, the Administrator. However, you must record the periods 
when the certified chief facility operator and certified shift 
supervisor are offsite and include this information in the annual 
report as specified under Sec.  62.15340(l).
    (c) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator. However, you must take two actions:
    (1) Notify the Administrator in writing. In the notice, state what 
caused the absence and what you are doing to ensure that a certified 
chief facility operator or certified shift supervisor is onsite.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks following the initial notification. If the 
Administrator notifies you that your status report or corrective action 
summary is disapproved, the municipal waste combustion unit may 
continue operation for 90 days, but then must cease operation. If 
corrective actions are taken in the 90-day period such that the 
Administrator withdraws the disapproval, municipal waste combustion 
unit operation may continue.

Good Combustion Practices: Operating Requirements


Sec.  62.15145  What are the operating practice requirements for my 
municipal waste combustion unit?

    (a) You must not operate your municipal waste combustion unit at 
loads greater than 110 percent of the maximum demonstrated load of the 
municipal waste combustion unit (4-hour block average), as specified 
under ``Definitions'' (Sec.  62.15410).
    (b) You must not operate your municipal waste combustion unit so 
that the temperature at the inlet of the particulate matter control 
device exceeds 17[deg]C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec.  62.15410).
    (c) If your municipal waste combustion unit uses activated carbon 
to control dioxins/furans or mercury emissions, you must maintain an 8-
hour block average carbon feed rate at or above the highest average 
level established during the most recent dioxins/furans or mercury 
test.
    (d) If your municipal waste combustion unit uses activated carbon

[[Page 5164]]

to control dioxins/furans or mercury emissions, you must evaluate total 
carbon usage for each calendar quarter. The total amount of carbon 
purchased and delivered to your municipal waste combustion plant must 
be at or above the required quarterly usage of carbon. At your option, 
you may choose to evaluate required quarterly carbon usage on a 
municipal waste combustion unit basis for each individual municipal 
waste combustion unit at your plant. Calculate the required quarterly 
usage of carbon using the appropriate equation in Sec.  62.15390.
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator permits you to do any of five 
activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.


Sec.  62.15150  What happens to the operating requirements during 
periods of startup, shutdown, and malfunction?

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

Emission Limits


Sec.  62.15155  What pollutants are regulated by this subpart?

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


Sec.  62.15160  What emission limits must I meet?

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


Sec.  62.15165  What happens to the emission limits during periods of 
startup, shutdown, and malfunction?

    (a) The emission limits of this subpart apply at all times except 
during periods of municipal waste combustion unit startup, shutdown, or 
malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.
    (c) A maximum of 3 hours of test data can be dismissed from 
compliance calculations during periods of startup, shutdown, or 
malfunction.
    (d) During startup, shutdown, or malfunction periods longer than 3 
hours, emissions data cannot be discarded from compliance calculations 
and all provisions under Sec.  60.11(d) of subpart A of 40 CFR part 60 
apply.

Continuous Emission Monitoring


Sec.  62.15170  What types of continuous emission monitoring must I 
perform?

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


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

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, also install, calibrate, maintain, and operate a 
continuous emission monitoring system for nitrogen oxides. Install the 
continuous emission monitoring system for sulfur dioxide, nitrogen 
oxides, and oxygen (or carbon dioxide) at the outlet of the air 
pollution control device.
    (b) You must install, evaluate, and operate each continuous 
emission monitoring system according to the ``Monitoring Requirements'' 
in Sec.  60.13 of subpart A of 40 CFR part 60.
    (c) You must monitor the oxygen (or carbon dioxide) concentration 
at each location where you monitor sulfur dioxide and carbon monoxide. 
Additionally, if you operate a Class I municipal waste combustion unit, 
you must also monitor the oxygen (or carbon dioxide) concentration at 
the location where you monitor nitrogen oxides.
    (d) You may choose to monitor carbon dioxide instead of oxygen as a 
diluent gas. If you choose to monitor carbon dioxide, then an oxygen 
monitor is not required and you must follow the requirements in Sec.  
62.15200.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install a continuous 
emission monitoring system for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.
    (f) If you prefer to use an alternative sulfur dioxide monitoring 
method, such as parametric monitoring, or cannot monitor emissions at 
the inlet of the air pollution control device to determine percent 
reduction, you can apply to the Administrator for approval to use an 
alternative monitoring method under Sec.  60.13(i) of subpart A of 40 
CFR part 60.


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

    You must use data from the continuous emission monitoring

[[Page 5165]]

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


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

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


Sec.  62.15190  Am I exempt from any 40 CFR part 60 appendix B or 
appendix F requirements to evaluate continuous emission monitoring 
systems?

    Yes, the accuracy tests for your sulfur dioxide continuous emission 
monitoring system require you to also evaluate your oxygen (or carbon 
dioxide) continuous emission monitoring system. Therefore, your oxygen 
(or carbon dioxide) continuous emission monitoring system is exempt 
from two requirements:
    (a) Section 2.3 of Performance Specification 3 in appendix B of 40 
CFR part 60 (relative accuracy requirement).
    (b) Section 5.1.1 of appendix F of 40 CFR part 60 (relative 
accuracy test audit).


Sec.  62.15195  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 13 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of 40 CFR part 60.


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

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


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

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for sulfur 
dioxide, nitrogen oxides (Class I municipal waste combustion units 
only), and carbon monoxide are in parts per million by dry volume at 7 
percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour 
averages of oxygen (or carbon dioxide) data from your continuous 
emission monitoring system to determine the actual oxygen (or carbon 
dioxide) level and to calculate emissions at 7 percent oxygen (or the 
equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average. Section 60.13(e)(2) of subpart A of 
40 CFR part 60 requires your continuous emission monitoring systems to 
complete at least one cycle of operation (sampling, analyzing, and data 
recording) for each 15-minute period.
    (c) Obtain valid 1-hour averages for 75 percent of the operating 
hours per day for 90 percent of the operating days per calendar 
quarter. An operating day is any day the unit combusts any municipal 
solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you are in violation of this data 
collection requirement regardless of the emission level monitored, and 
you must notify the Administrator according to Sec.  62.15340(e).
    (e) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you must still use all valid data from 
the continuous emission monitoring systems in calculating emission 
concentrations and percent reductions in accordance with Sec.  
62.15210.


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

    (a) Use the equation in Sec.  62.15390(a) to calculate emissions at 
7 percent oxygen.
    (b) Use EPA Reference Method 19 in Appendix A of 40 CFR part 60, 
section 4.3, to calculate the daily geometric average concentrations of 
sulfur dioxide emissions. If you are monitoring the percent reduction 
of sulfur dioxide, use EPA Reference Method 19, section 5.4, to 
determine the daily geometric average percent reduction of potential 
sulfur dioxide emissions.
    (c) If you operate a Class I municipal waste combustion unit, use 
EPA Reference Method 19, section 4.1, to calculate the daily arithmetic 
average for concentrations of nitrogen oxides.
    (d) Use EPA Reference Method 19, section 4.1, to calculate the 4-
hour or 24-hour daily block averages (as applicable) for concentrations 
of carbon monoxide.


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

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec.  60.13 of subpart A 40 CFR part 60.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix 
B of 40 CFR part 60. Complete this evaluation by 180 days after your 
final compliance date.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 13 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9, as 
specified in Sec.  62.15245, to determine compliance

[[Page 5166]]

with the applicable opacity limit in tables 2 or 4 of this subpart. The 
data obtained from your continuous opacity monitoring system are not 
used to determine compliance with the opacity limit.


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

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


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

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

Stack Testing


Sec.  62.15230  What types of stack tests must I conduct?

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


Sec.  62.15235  How are the stack test data used?

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


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

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


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

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


Sec.  62.15250  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In this case, you are not required to conduct a stack test for 
that pollutant for the next 2 years. However, you must conduct another 
stack test within 36 months of the anniversary date of the third 
consecutive stack test that shows you comply with the emission limit. 
Thereafter, you must perform stack tests every third year but no later 
than 36 months following the previous stack tests. If a stack test 
shows noncompliance with an emission limit, you must conduct annual 
stack tests for that pollutant until all stack tests over 3 consecutive 
years show compliance with the emission limit for that pollutant. This 
provision applies to all pollutants subject to stack testing 
requirements: dioxins/furans, cadmium, lead, mercury, particulate 
matter, opacity, hydrogen chloride, and fugitive ash.
    (b) You can test less often for dioxins/furans emissions if you own 
or operate a municipal waste combustion plant that meets two 
conditions. First, you have multiple municipal waste combustion units 
onsite that are subject to this subpart. Second, all these municipal 
waste combustion units have demonstrated levels of dioxins/furans 
emissions less than or equal to 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, for 2 consecutive years. 
In this case, you may choose to conduct annual stack tests on only one 
municipal waste combustion unit per year at your plant. This provision 
only applies to stack testing for dioxins/furans emissions.
    (1) Conduct the stack test no more than 13 months following a stack 
test on any municipal waste combustion unit subject to this subpart at 
your plant. Each year, test a different municipal waste combustion unit 
subject to this subpart and test all municipal waste combustion units 
subject to this subpart in a sequence that you determine. Once you 
determine a testing sequence, it must not be changed without approval 
by the Administrator.
    (2) If each annual stack test shows levels of dioxins/furans 
emissions less than or equal to 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, you may continue stack 
tests on only one municipal waste combustion unit subject to this 
subpart per year.
    (3) If any annual stack test indicates levels of dioxins/furans 
emissions greater than 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, conduct subsequent annual stack tests 
on all municipal waste combustion units subject to this subpart at your 
plant. You may return to testing one municipal waste combustion unit 
subject to this subpart per year if you can demonstrate dioxins/furans 
emission levels less than or equal to 15 nanograms per dry standard 
cubic meter (total mass) for Class I units, or 30 nanograms per dry 
standard cubic meter (total mass) for Class II units, for all municipal 
waste combustion units at your plant subject to this subpart for 2 
consecutive years.


Sec.  62.15255  May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 13-month testing schedules specified 
in

[[Page 5167]]

Sec. Sec.  62.15240(b) and 62.15250(b)(1) unless you apply to the 
Administrator for an alternative schedule, and the Administrator 
approves your request for alternate scheduling prior to the date on 
which you would otherwise have been required to conduct the next stack 
test.

Other Monitoring Requirements


Sec.  62.15260  What other requirements must I meet for continuous 
monitoring?

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


Sec.  62.15265  How do I monitor the load of my municipal waste 
combustion unit?

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms per hour (or pounds per hour).
    (2) Calculate your steam (or feed water) flow in 4-hour block 
averages.
    (3) Calculate the steam (or feed water) flow rate using the method 
in ``American Society of Mechanical Engineers (ASME PTC 4.1--1964): 
Test Code for Steam Generating Units, Power Test Code 4.1-1964 
(Reaffirmed 1991),'' section 4. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy from the American 
Society of Mechanical Engineers, Service Center, 22 Law Drive, Post 
Office Box 2900, Fairfield, NJ 07007. You may inspect a copy at the 
Office of Air Quality Planning and Standards Air Docket, EPA, 109 T.W. 
Alexander Drive, Room C521C, RTP, NC 27709 or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC.
    (4) Design, construct, install, calibrate, and use nozzles or 
orifices for flow rate measurements, using the recommendations in 
``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters'', 6th 
Edition (1971), chapter 4. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy from the American 
Society of Mechanical Engineers, Service Center, 22 Law Drive, Post 
Office Box 2900, Fairfield, NJ 07007. You may inspect a copy at the 
Office of Air Quality Planning and Standards Air Docket, EPA, 109 T.W. 
Alexander Drive, Room C521C, RTP, NC 27709 or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC.
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all signal conversion elements associated with steam (or feed 
water) flow measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion unit does not generate 
steam, or, if your municipal waste combustion units have shared steam 
systems and steam load cannot be estimated per unit, you must 
determine, to the satisfaction of the Administrator, one or more 
operating parameters that can be used to continuously estimate load 
level (for example, the feed rate of municipal solid waste or refuse-
derived fuel). You must continuously monitor the selected parameters.


Sec.  62.15270  How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?

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


Sec.  62.15275  How do I monitor the injection rate of activated 
carbon?

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


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

    (a) Where continuous parameter monitoring systems are used, obtain 
1-hour arithmetic averages for three parameters:
    (1) Load level of the municipal waste combustion unit.
    (2) Temperature of the flue gases at the inlet of your particulate 
matter control device.
    (3) Carbon feed rate if activated carbon is used to control 
dioxins/furans or mercury emissions.
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for 90 percent of the operating days per 
calendar quarter. An operating day is any day the unit combusts any 
municipal solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you are in violation of this data 
collection requirement and you must notify the Administrator according 
to Sec.  62.15340(e).

Recordkeeping


Sec.  62.15285  What records must I keep?

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


Sec.  62.15290  Where must I keep my records and for how long?

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


Sec.  62.15295  What records must I keep for operator training and 
certification?

    You must keep records of six items:
    (a) Records of provisional certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and

[[Page 5168]]

control room operators who are provisionally certified by the American 
Society of Mechanical Engineers.
    (2) Dates of the initial provisional certifications.
    (3) Documentation showing current provisional certifications.
    (b) Records of full certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
are fully certified by the American Society of Mechanical Engineers or 
an equivalent State-approved certification program.
    (2) Dates of initial and renewal full certifications.
    (3) Documentation showing current full certifications.
    (c) Records showing completion of the operator training course. 
Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
have completed the EPA or State municipal waste combustion operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of operator training course.
    (d) Records of reviews for plant-specific operating manuals. 
Include three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours but for 2 weeks or less 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.
    (2) When all certified chief facility operators and certified shift 
supervisors are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause these people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.


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

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


Sec.  62.15305  What records must I keep for continuously monitored 
pollutants or parameters?

    You must keep records of eight items.
    (a) Records of monitoring data. Document six parameters measured 
using continuous monitoring systems:
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) For Class I municipal waste combustion units only, all 1-hour 
average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average load levels of your municipal waste 
combustion unit.
    (6) All 1-hour average flue gas temperatures at the inlet of the 
particulate matter control device.
    (b) Records of average concentrations and percent reductions. 
Document five parameters:
    (1) All 24-hour daily block geometric average concentrations of 
sulfur dioxide emissions or average percent reductions of sulfur 
dioxide emissions.
    (2) For Class I municipal waste combustion units only, all 24-hour 
daily arithmetic average concentrations of nitrogen oxides emissions.
    (3) All 4-hour block or 24-hour daily block arithmetic average 
concentrations of carbon monoxide emissions.
    (4) All 4-hour block arithmetic average load levels of your 
municipal waste combustion unit.
    (5) All 4-hour block arithmetic average flue gas temperatures at 
the inlet of the particulate matter control device.
    (c) Records of exceedances. Document three items:
    (1) Calendar dates whenever any of the five pollutants or parameter 
levels recorded in paragraph (b) of this section or the opacity level 
recorded in paragraph (a)(1) of this section did not meet the emission 
limits or operating levels specified in this subpart.
    (2) Reasons you exceeded the applicable emission limits or 
operating levels.
    (3) Corrective actions you took, or are taking, to meet the 
emission limits or operating levels.
    (d) Records of minimum data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of data required under Sec. Sec.  62.15205 and 62.15280. Record these 
dates for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to obtain the 
required amount of data.
    (e) Records of exclusions. Document each time you have excluded 
data from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load levels of your municipal waste combustion unit.
    (5) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (f) Records of drift and accuracy. Document the results of your 
daily drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of 40 CFR part 60. Keep these records for the 
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion 
units only), and carbon monoxide continuous emissions monitoring 
systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If

[[Page 5169]]

you choose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec.  62.15200.
    (h) Records of calendar dates. Include the calendar date on each 
record.


Sec.  62.15310  What records must I keep for municipal waste combustion 
units that use activated carbon?

    For municipal waste combustion units that use activated carbon to 
control dioxins/furans or mercury emissions, you must keep records of 
five items:
    (a) Records of average carbon feed rate. Document five items:
    (1) Average carbon feed rate (in kilograms or pounds per hour) 
during all stack tests for dioxins/furans and mercury emissions. 
Include supporting calculations in the records.
    (2) For the operating parameter chosen to monitor carbon feed rate, 
average operating level during all stack tests for dioxins/furans and 
mercury emissions. Include supporting data that document the 
relationship between the operating parameter and the carbon feed rate.
    (3) All 8-hour block average carbon feed rates in kilograms 
(pounds) per hour calculated from the monitored operating parameter.
    (4) Total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include 
supporting documentation.
    (5) Required quarterly usage of carbon for the municipal waste 
combustion plant, calculated using the appropriate equation in Sec.  
62.15390(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant. 
Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined 
during the most recent stack test for dioxins/furans or mercury 
emissions (whichever has a higher feed rate).
    (2) Reasons for the low carbon feed rates.
    (3) Corrective actions you took or are taking to meet the 8-hour 
average carbon feed rate requirement.
    (c) Records of minimum carbon feed rate data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of carbon feed rate data required under Sec.  62.15280.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to get the required 
amount of data.
    (d) Records of exclusions. Document each time you have excluded 
data from your calculation of average carbon feed rates and the reasons 
the data were excluded.
    (e) Records of calendar dates. Include the calendar date on each 
record.

Reporting


Sec.  62.15315  What reports must I submit and in what form?

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


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

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


Sec.  62.15325  When must I submit the initial report?

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


Sec.  62.15330  What must I include in the initial report?

    You must include seven items:
    (a) The emission levels measured on the date of the initial 
evaluation of your continuous emission monitoring systems for all of 
the following five pollutants or parameters as recorded in accordance 
with Sec.  62.15305(b).
    (1) The 24-hour daily geometric average concentration of sulfur 
dioxide emissions or the 24-hour daily geometric percent reduction of 
sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, the 24-hour 
daily arithmetic average concentration of nitrogen oxides emissions.
    (3) The 4-hour block or 24-hour daily arithmetic average 
concentration of carbon monoxide emissions.
    (4) The 4-hour block arithmetic average load level of your 
municipal waste combustion unit.
    (5) The 4-hour block arithmetic average flue gas temperature at the 
inlet of the particulate matter control device.
    (b) The results of the initial stack tests for eight pollutants or 
parameters (use appropriate units as specified in tables 2 or 4 of this 
subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (c) The test report that documents the initial stack tests 
including supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of 40 CFR part 60 in conducting the evaluation.
    (e) The maximum demonstrated load of your municipal waste 
combustion unit and the maximum demonstrated temperature of the flue 
gases at the inlet of the particulate matter control device. Use values 
established during your initial stack test for dioxins/furans emissions 
and include supporting calculations.
    (f) If your municipal waste combustion unit uses activated carbon 
to control dioxins/furans or mercury emissions, the average carbon feed 
rates that you recorded during the initial stack tests for dioxins/
furans and mercury emissions. Include supporting calculations as 
specified in Sec.  62.15310(a)(1) and (2).
    (g) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and 
carbon dioxide, as specified in Sec.  62.15200.


Sec.  62.15335  When must I submit the annual report?

    Submit the annual report no later than February 1 of each year that 
follows the calendar year in which you collected the data. (As with all 
other requirements in this subpart, the requirement to submit an annual 
report does not modify or replace the operating permits requirements of 
40 CFR parts 70 and 71.)


Sec.  62.15340  What must I include in the annual report?

    Summarize data collected for all pollutants and parameters 
regulated under this subpart. Your summary must include 12 items:

[[Page 5170]]

    (a) The results of the annual stack test, using appropriate units, 
for eight pollutants, as recorded under Sec.  62.15300(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average emission levels recorded, in the 
appropriate units. List these values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device (4-hour block average).
    (c) The highest 6-minute opacity level measured. Base this value on 
all 6-minute average opacity levels recorded by your continuous opacity 
monitoring system (Sec.  62.15305(a)(1)).
    (d) For municipal waste combustion units that use activated carbon 
for controlling dioxins/furans or mercury emissions, include four 
records:
    (1) The average carbon feed rates recorded during the most recent 
dioxins/furans and mercury stack tests.
    (2) The lowest 8-hour block average carbon feed rate recorded 
during the year.
    (3) The total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant.
    (4) The required quarterly carbon usage of your municipal waste 
combustion plant calculated using the appropriate equation in Sec.  
62.15390(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant.
    (e) The total number of days that you did not obtain the minimum 
number of hours of data for six pollutants or parameters. Include the 
reasons you did not obtain the data and corrective actions that you 
have taken to obtain the data in the future. Include data on:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (f) The number of hours you have excluded data from the calculation 
of average levels (include the reasons for excluding it). Include data 
for six pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (g) A notice of your intent to begin a reduced stack testing 
schedule for dioxins/furans emissions during the following calendar 
year if you are eligible for alternative scheduling (Sec.  62.15250(a) 
or (b)).
    (h) A notice of your intent to begin a reduced stack testing 
schedule for other pollutants during the following calendar year if you 
are eligible for alternative scheduling (Sec.  62.15250(a)).
    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year. This summary gives 
the Administrator a summary of the performance of the municipal waste 
combustion unit over a 2-year period.
    (k) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and 
carbon dioxide, as specified in Sec.  62.15200.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.


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

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


Sec.  62.15350  If a semiannual report is required, when must I submit 
it?

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


Sec.  62.15355  What must I include in the semiannual out-of-compliance 
reports?

    You must include three items in the semiannual report:
    (a) For any of the following six pollutants or parameters that 
exceeded the limits specified in this subpart, include the calendar 
date they exceeded the limits, the averaged and recorded data for that 
date, the reasons for exceeding the limits, and your corrective 
actions:
    (1) Concentration or percent reduction of sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, 
concentration of nitrogen oxides emissions.
    (3) Concentration of carbon monoxide emissions.
    (4) Load level of your municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of your particulate 
matter air pollution control device.
    (6) Average 6-minute opacity level. The data obtained from your 
continuous opacity monitoring system are not used to determine 
compliance with the limit on opacity emissions.
    (b) If the results of your annual stack tests (as recorded in Sec.  
62.15300(a)) show emissions above the limits specified in table 2 or 4 
of this subpart as applicable for dioxins/furans, cadmium, lead, 
mercury, particulate matter, opacity, hydrogen chloride, and fugitive 
ash, include a copy of the test report that documents the emission 
levels and your corrective actions.
    (c) For municipal waste combustion units that apply activated 
carbon to control dioxins/furans or mercury emissions, include two 
items:
    (1) Documentation of all dates when the 8-hour block average carbon 
feed rate (calculated from the carbon injection system operating 
parameter) is less than the highest carbon feed rate established during 
the most recent mercury and dioxins/furans stack test (as specified in 
Sec.  62.15310(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for these occurrences of low carbon feed rates.
    (iii) The corrective actions you have taken to meet the carbon feed 
rate requirement.
    (iv) The calendar date.
    (2) Documentation of each quarter when total carbon purchased and 
delivered to the municipal waste combustion plant is less than the 
total

[[Page 5171]]

required quarterly usage of carbon. If you choose to evaluate total 
carbon purchased and delivered on a municipal waste combustion unit 
basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include five 
items:
    (i) Amount of carbon purchased and delivered to the plant.
    (ii) Required quarterly usage of carbon.
    (iii) Reasons for not meeting the required quarterly usage of 
carbon.
    (iv) The corrective actions you have taken to meet the required 
quarterly usage of carbon.
    (v) The calendar date.


Sec.  62.15360  Can reporting dates be changed?

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

Air Curtain Incinerators that Burn 100 Percent Yard Waste


Sec.  62.15365  What is an air curtain incinerator?

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


Sec.  62.15370  What is yard waste?

    Yard waste is grass, grass clippings, bushes, shrubs, and clippings 
from bushes and shrubs. They come from residential, commercial/retail, 
institutional, or industrial sources as part of maintaining yards or 
other private or public lands. Yard waste does not include two items:
    (a) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in Sec.  62.15410.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec.  62.15410 of this subpart.


Sec.  62.15375  What are the emission limits for air curtain 
incinerators that burn 100 percent yard waste?

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


Sec.  62.15380  How must I monitor opacity for air curtain incinerators 
that burn 100 percent yard waste?

    (a) Use EPA Reference Method 9 in Appendix A of 40 CFR part 60 to 
determine compliance with the opacity limit.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
of subpart A of 40 CFR part 60.
    (c) After the initial test for opacity, conduct annual tests no 
more than 13 calendar months following the date of your previous test.


Sec.  62.15385  What are the recordkeeping and reporting requirements 
for air curtain incinerators that burn 100 percent yard waste?

    (a) Provide a notice of construction that includes four items:
    (1) Your intent to construct the air curtain incinerator.
    (2) Your planned initial startup date.
    (3) Types of fuels you plan to combust in your air curtain 
incinerator.
    (4) The capacity of your incinerator, including supporting capacity 
calculations, as specified in Sec.  62.15390 (d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator 
or for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual 
reporting dates (see Sec.  60.19(c) in subpart A of 40 CFR part 60).
    (h) Keep a copy of all reports onsite for a period of 5 years.

Equations


Sec.  62.15390  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR31JA03.000

Where:

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

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%PHg) 
using equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR31JA03.001

Where:

%PHg = percent reduction of potential mercury emissions
Ei = mercury emission concentration as measured at the air 
pollution control device inlet, corrected to 7 percent oxygen, dry 
basis
Eo = mercury emission concentration as measured at the air 
pollution control device outlet, corrected to 7 percent oxygen, dry 
basis
    (c) Percent reduction in potential hydrogen chloride emissions. 
Calculate the percent reduction in potential hydrogen chloride 
emissions (%PHCl) using equation 3 of this section:

[[Page 5172]]

[GRAPHIC] [TIFF OMITTED] TR31JA03.002

Where:

%PHCl = percent reduction of the potential hydrogen chloride 
emissions
Ei = hydrogen chloride emission concentration as measured at 
the air pollution control device inlet, corrected to 7 percent oxygen, 
dry basis
Eo = hydrogen chloride emission concentration as measured at 
the air pollution control device outlet, corrected to 7 percent oxygen, 
dry basis
    (d) Capacity of a municipal waste combustion unit. For a municipal 
waste combustion unit that can operate continuously for 24-hour 
periods, calculate the capacity of the municipal waste combustion unit 
based on 24 hours of operation at the maximum charge rate. To determine 
the maximum charge rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on 
heat input capacity, calculate the maximum charging rate based on this 
maximum heat input capacity and one of two heating values:
    (i) If your municipal waste combustion unit combusts refuse-derived 
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 
British thermal units per pound).
    (ii) If your municipal waste combustion unit combusts municipal 
solid waste, use a heating value of 10,500 kilojoules per kilogram 
(4,500 British thermal units per pound).
    (2) For municipal waste combustion units with a design not based on 
heat input capacity, use the maximum designed charging rate.
    (e) Capacity of a batch municipal waste combustion unit. Calculate 
the capacity of a batch municipal waste combustion unit as the maximum 
design amount of municipal solid waste they can charge per batch 
multiplied by the maximum number of batches they can process in 24 
hours. Calculate this maximum number of batches by dividing 24 by the 
number of hours needed to process one batch. Retain fractional batches 
in the calculation. For example, if one batch requires 16 hours, the 
municipal waste combustion unit can combust 24/16, or 1.5 batches, in 
24 hours.
    (f) Quarterly carbon usage. If you use activated carbon to comply 
with the dioxins/furans or mercury limits, calculate the required 
quarterly usage of carbon using equation 4 or 5 of this section for 
plant basis or unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TR31JA03.003
    
Where:

C = required quarterly carbon usage for the plant in kilograms (or 
pounds).
fi = required carbon feed rate for the municipal waste 
combustion unit in kilograms (or pounds) per hour. This is the average 
carbon feed rate during the most recent mercury or dioxins/furans stack 
tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was 
in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your 
plant.
    (2) Unit basis.
    [GRAPHIC] [TIFF OMITTED] TR31JA03.004
    
Where:

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

Title V Requirements


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

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


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

    (a) You must submit a complete title V permit application within 12 
months of when your source first becomes subject to a title V 
permitting program. See 40 CFR 70.3(a) and (b), 70.5(a)(1), 71.3(a) and 
(b), and 71.5(a)(1). As provided in section 503(c) of the Clean Air 
Act, permitting authorities may establish permit application deadlines 
earlier than the 12-month deadline.
    (b) If your existing small MWC unit is not subject to an earlier 
permit application deadline, a complete title V permit application must 
be submitted not later than the date 36 months after promulgation of 40 
CFR part 60, subpart BBBB (December 6, 2003), or by the effective date 
of the applicable State, tribal, or Federal operating permits program, 
whichever is later. For any existing small MWC unit not subject to an 
earlier application deadline, this final application deadline applies 
regardless of when this Federal plan 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.
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clear Air Act and 40 CFR 70.5(a)(2) or 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. See sections 503(d) and 502(a); 40 CFR 
70.7(b) and 71.7(b).

Delegation of Authority


Sec.  62.15405  What authorities are retained by the Administrator?

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

Definitions


Sec.  62.15410  What definitions must I know?

    Terms used but not defined in this section are defined in the Clean 
Air Act and in subparts A and B of 40 CFR part 60.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully

[[Page 5173]]

projecting a curtain of air across an open chamber or pit in which 
combustion occurs. Incinerators of this type can be constructed above 
or below ground and with or without refractory walls and floor.
    Batch municipal waste combustion unit means a municipal waste 
combustion unit designed so it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste 
to be fed to the unit or ash to be removed during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days (or 366 consecutive days 
in leap years) starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustion unit. This 
person is responsible for daily onsite supervision, technical 
direction, management, and overall performance of the municipal waste 
combustion unit.
    Class I units mean small municipal waste combustion units subject 
to this subpart that are located at municipal waste combustion plants 
with an aggregate plant combustion capacity greater than 250 tons per 
day of municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Class II units mean small municipal combustion units subject to 
this subpart that are located at municipal waste combustion plants with 
aggregate plant combustion capacity less than or equal to 250 tons per 
day of municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Clean wood means untreated wood or untreated wood products 
including clean untreated lumber, tree stumps (whole or chipped), and 
tree limbs (whole or chipped). Clean wood does not include two items:
    (1) ``Yard waste'', which is defined in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of municipal solid waste in this section.
    Cofired combustion unit means a unit that combusts municipal solid 
waste with nonmunicipal solid waste fuel (for example, coal, industrial 
process waste). To be considered a cofired combustion unit, the unit 
must be subject to a federally enforceable permit that limits it to 
combusting a fuel feed stream which is 30 percent or less (by weight) 
municipal solid waste as measured each calendar quarter.
    Continuous burning means the continuous, semicontinuous, or batch 
feeding of municipal solid waste to dispose of the waste, produce 
energy, or provide heat to the combustion system in preparation for 
waste disposal or energy production. Continuous burning does not mean 
the use of municipal solid waste solely to thermally protect the grate 
or hearth during the startup period when municipal solid waste is not 
fed to the grate or hearth.
    Continuous emission monitoring system means a monitoring system 
that continuously measures the emissions of a pollutant from a 
municipal waste combustion unit.
    Contract means a legally binding agreement or obligation that 
cannot be canceled or modified without substantial financial loss.
    De-rate means to make a permanent physical change to the municipal 
waste combustor unit that reduces the maximum combustion capacity of 
the unit to less than or equal to 35 tons per day of municipal solid 
waste. A permit restriction or a change in the method of operation does 
not qualify as de-rating.
    Dioxins/furans mean tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Effective date of State plan approval means the effective date that 
the EPA approves the State plan. The Federal Register specifies this 
date in the notice that announces EPA's approval of the State plan.
    Eight-hour block average means the average of all hourly emission 
concentrations or parameter levels when the municipal waste combustion 
unit operates and combusts municipal solid waste measured over any of 
three 8-hour periods of time:
    (1) 12 midnight to 8 a.m.
    (2) 8 a.m. to 4 p.m.
    (3) 4 p.m. to 12 midnight.
    EPA-approved State plan means a State plan that EPA has reviewed 
and approved based on the requirements in 40 CFR part 60 subpart B to 
implement and enforce 40 CFR part 60, subpart BBBB. An approved State 
plan becomes effective on the date specified in the notice published in 
the Federal Register announcing EPA's approval.
    Federally enforceable means all limits and conditions the 
Administrator can enforce (including the requirements of 40 CFR parts 
60, 61, and 63), requirements in a State's implementation plan, and any 
permit requirements established under 40 CFR 52.21 or under 40 CFR 
51.18 and 40 CFR 51.24.
    First calendar half means the period that starts on January 1 and 
ends on June 30 in any year.
    Fluidized bed combustion unit means a unit where municipal waste is 
combusted in a fluidized bed of material. The fluidized bed material 
may remain in the primary combustion zone or may be carried out of the 
primary combustion zone and returned through a recirculation loop.
    Four-hour block average or 4-hour block average means the average 
of all hourly emission concentrations or parameter levels when the 
municipal waste combustion unit operates and combusts municipal solid 
waste measured over any of six 4-hour periods:
    (1) 12 midnight to 4 a.m.
    (2) 4 a.m. to 8 a.m.
    (3) 8 a.m. to 12 noon.
    (4) 12 noon to 4 p.m.
    (5) 4 p.m. to 8 p.m.
    (6) 8 p.m. to 12 midnight.
    Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a refractory wall furnace. Unless otherwise specified, this 
includes municipal waste combustion units with a cylindrical rotary 
refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustion unit means a 
field-erected municipal waste combustion unit that combusts municipal 
solid waste in a cylindrical rotary waterwall furnace.
    Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a waterwall furnace.
    Maximum demonstrated load of a municipal waste combustion unit 
means the highest 4-hour block arithmetic average municipal waste 
combustion unit load achieved during 4 consecutive hours in the course 
of the most recent dioxins/furans stack test that demonstrates 
compliance with the applicable emission limit for dioxins/furans 
specified in this subpart.
    Maximum demonstrated temperature of the particulate matter control 
device means the highest 4-hour block arithmetic average flue gas 
temperature measured at the inlet of the particulate matter control 
device during 4 consecutive hours in the course of the most recent 
stack test for dioxins/furans

[[Page 5174]]

emissions that demonstrates compliance with the limits specified in 
this subpart.
    Medical/infectious waste means any waste meeting the definition of 
medical/infectious waste contained in 40 CFR 60.51c of subpart Ec.
    Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion 
unit means a combustion unit that combusts coal and refuse-derived fuel 
simultaneously, in which pulverized coal is introduced into an air 
stream that carries the coal to the combustion chamber of the unit 
where it is combusted in suspension. This includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed later than June 6, 
2001, and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs.
    (2) Any physical change in the municipal waste combustion unit or 
change in the method of operating it that increases the emission level 
of any air pollutant for which standards have been established under 
section 129 or section 111 of the Clean Air Act. Increases in the 
emission level of any air pollutant are determined when the municipal 
waste combustion unit operates at 100 percent of its physical load 
capability and are measured downstream of all air pollution control 
devices. Load restrictions based on permits or other nonphysical 
operational restrictions cannot be considered in this determination.
    Modular excess-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under 
``Applicability of State Plans'' (Sec.  62.15010(a)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are not subject to subparts Ea, Eb, or AAAA of 
40 CFR part 60.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, 
but not limited to, field-erected combustion units (with or without 
heat recovery), modular combustion units (starved-air or excess-air), 
boilers (for example, steam generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Two criteria 
further define these municipal waste combustion units:
    (1) Municipal waste combustion units do not include pyrolysis or 
combustion units located at a plastics or rubber recycling unit as 
specified under Sec.  62.15020(h) and (i). Municipal waste combustion 
units do not include cement kilns that combust municipal solid waste as 
specified under Sec.  62.15020(j). Municipal waste combustion units 
also do not include internal combustion engines, gas turbines, or other 
combustion devices that combust landfill gases collected by landfill 
gas collection systems.
    (2) The boundaries of a municipal waste combustion unit are defined 
as follows. The municipal waste combustion unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustion unit water 
system. The municipal waste combustion unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set. The municipal waste combustion unit boundary 
starts at the municipal solid waste pit or hopper and extends through 
three areas:
    (i) The combustion unit flue gas system, which ends immediately 
after the heat recovery equipment or, if there is no heat recovery 
equipment, immediately after the combustion chamber.
    (ii) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    (iii) The combustion unit water system, which starts at the feed 
water pump and ends at the piping that exits the steam drum or 
superheater.
    Particulate matter means total particulate matter emitted from 
municipal waste combustion units as measured by EPA Reference Method 5 
in Appendix A of 40 CFR part 60 and the procedures specified in Sec.  
62.15245.
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). These 
materials are processed and marketed to become input feed stock for 
chemical plants or petroleum refineries. The following three criteria 
further define a plastics or rubber recycling unit:
    (1) Each calendar quarter, the combined weight of the feed stock 
that a plastics or rubber recycling unit produces must be more than 70 
percent of the combined weight of the plastics, rubber, and rubber 
tires that recycling unit processes.
    (2) The plastics, rubber, or rubber tires fed to the recycling unit 
may originate from separating or diverting plastics, rubber, or rubber 
tires from municipal or industrial solid waste. These feed materials 
may include manufacturing scraps, trimmings, and off-specification 
plastics, rubber, and rubber tire discards.
    (3) The plastics, rubber, and rubber tires fed to the recycling 
unit may contain incidental contaminants (for example, paper labels on 
plastic bottles or metal rings on plastic bottle caps).
    Potential hydrogen chloride emissions means the level of emissions 
from a municipal waste combustion unit that

[[Page 5175]]

would occur from combusting municipal solid waste without emission 
controls for acid gases.
    Potential mercury emissions means the level of emissions from a 
municipal waste combustion unit that would occur from combusting 
municipal solid waste without controls for mercury emissions.
    Potential sulfur dioxide emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    Pyrolysis/combustion unit means a unit that produces gases, 
liquids, or solids by heating municipal solid waste. The gases, 
liquids, or solids produced are combusted and the emissions vented to 
the atmosphere.
    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins on or after June 6, 2001.
    (2) The cumulative cost of the construction over the life of the 
unit exceeds 50 percent of the original cost of building and installing 
the municipal waste combustion unit (not including land) updated to 
current costs (current dollars). To determine what systems are within 
the boundary of the municipal waste combustion unit used to calculate 
these costs, see the definition of ``municipal waste combustion unit'' 
in this section.
    Refractory unit or refractory wall furnace means a municipal waste 
combustion unit that has no energy recovery (such as through a 
waterwall) in the furnace of the municipal waste combustion unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Same location means the same or contiguous properties under common 
ownership or control, including those separated only by a street, road, 
highway, or other public right-of-way. Common ownership or control 
includes properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, subdivision, or any combination 
thereof. Entities may include a municipality, other governmental unit, 
or any quasi-governmental authority (for example, a public utility 
district or regional authority for waste disposal).
    Second calendar half means the period that starts on July 1 and 
ends on December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of operating a municipal waste combustion unit and who is 
responsible for onsite supervision, technical direction, management, 
and overall performance of the municipal waste combustion unit during 
an assigned shift.
    Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) 
combustion unit means a municipal waste combustion unit that combusts 
coal and refuse-derived fuel simultaneously, in which coal is 
introduced to the combustion zone by a mechanism that throws the fuel 
onto a grate from above. Combustion takes place both in suspension and 
on the grate.
    Standard conditions when referring to units of measure mean a 
temperature of 20[deg]C and a pressure of 101.3 kilopascals.
    Startup period means the period when a municipal waste combustion 
unit begins the continuous combustion of municipal solid waste. It does 
not include any warmup period during which the municipal waste 
combustion unit combusts fossil fuel or other solid waste fuel but 
receives no municipal solid waste.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B, 
that implements and enforces 40 CFR part 60, subpart BBBB.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 in Appendix A of 40 CFR part 
60 and the procedures specified in Sec.  62.15245.
    Tribal plan means a plan submitted by a tribal authority pursuant 
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 
CFR part 60 subpart BBBB.
    Twenty-four hour daily average or 24-hour daily average means 
either the arithmetic mean or geometric mean (as specified) of all 
hourly emission concentrations when the municipal waste combustion unit 
operates and combusts municipal solid waste measured during the 24 
hours between 12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or pressure-treated by compounds such as chromate 
copper arsenate, pentachlorophenol, and creosote.
    Waterwall furnace means a municipal waste combustion unit that has 
energy (heat) recovery in the furnace (for example, radiant heat 
transfer section) of the combustion unit.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. They come from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in this section.
    (2) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in this section.

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[FR Doc. 03-99 Filed 1-30-03; 8:45 am]
BILLING CODE 6560-50-C