[Federal Register Volume 68, Number 192 (Friday, October 3, 2003)]
[Rules and Regulations]
[Pages 57518-57553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24004]



[[Page 57517]]

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Part II





Environmental Protection Agency





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40 CFR Part 62



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

  Federal Register / Vol. 68, No. 192 / Friday, October 3, 2003 / Rules 
and Regulations  

[[Page 57518]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-7562-1]
RIN 2060-AJ28


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 1, 2000, the EPA adopted emission guidelines for 
existing commercial and industrial solid waste incineration (CISWI) 
units. Sections 111 and 129 of the Clean Air Act (CAA) require States 
with existing CISWI units subject to the emission guidelines to submit 
to the EPA plans 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 CISWI units subject to the 
emission guidelines on December 1, 2001. If a State or Tribe with 
existing CISWI units does not submit an approvable plan, sections 129 
and 111 of the CAA require the EPA to develop, implement, and enforce a 
Federal plan for CISWI units located in that State or Tribal area 
within 2 years after promulgation of the emission guidelines (December 
1, 2002). The EPA proposed a Federal plan for CISWI units on November 
25, 2002. This action promulgates a Federal plan to implement emission 
guidelines for CISWI units located in States and Indian country without 
effective State or Tribal plans. This Federal plan is an interim action 
because on the effective date of an approved State or Tribal plan, the 
Federal plan will no longer apply to CISWI units covered by the State 
or Tribal plan.

EFFECTIVE DATE: The final rule is effective November 3, 2003.

ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
specific aspects of this Federal plan, contact Mr. David Painter at 
(919) 541-5515, Program Implementation and Review Group, Information 
Transfer and Program Integration Division (E143-02), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, email: 
[email protected]. For technical information, contact Mr. Fred 
Porter at (919) 541-5251, Combustion Group, Emission Standards Division 
(C439-01), U.S. Environmental Protection Agency, Research Triangle 
Park, N.C. 27711, email: [email protected]. For information regarding 
implementation of this Federal plan, contact the appropriate Regional 
Office (Table 1) as shown in the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION: Regulated entities. The Federal plan affects 
the following North American Industrial Classification System (NAICS) 
and Standard Industrial Classification (SIC) codes:

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

    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities the EPA expects to be regulated by 
this rule. This table lists examples of the types of entities that may 
be affected by this rule. Other types of entities not listed could also 
be affected. To determine whether your facility, company, business 
organization, etc., is regulated by this action, carefully examine the 
applicability criteria in 40 CFR 62.14510 through 62.14531 of subpart 
III. If you have any questions regarding the applicability of this 
action to your solid waste incineration unit, refer to the FOR FURTHER 
INFORMATION CONTACT section.
    Judicial Review: The EPA proposed this rule for CISWI units on 
November 25, 2002, (67 FR 70640). This action adopting a rule for CISWI 
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 December 2, 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.
    Docket. Docket Numbers A-2000-52 and A-94-63 contain the supporting 
information for the CISWI Federal plan and for the EPA's promulgation 
of EG for existing CISWI units, respectively. Docket A-2000-52 (OAR-
2002-0069)incorporates all of the information in Docket A-94-63. The 
dockets are organized and complete files of all information submitted 
to or otherwise considered by EPA in the development of this 
rulemaking. 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. A reasonable fee may be charged for copying 
docket materials. The Center may be contacted 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]''.
    Electronic Access. Electronic versions of the public dockets are 
available through EPA's electronic public docket and comment system, 
EPA Dockets. You may use the EPA Dockets at http://www.epa.gov/edocket/ 
to view public comments, access the indices of the contents of the 
official public dockets, and to access those documents in the public 
dockets that are available electronically. Once in the system, select 
``search'' and key-in the appropriate docket identification number. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket

[[Page 57519]]

materials through the docket facility identified in this document.
    Worldwide Web (WWW). In addition to being available in the dockets, 
an electronic copy of today's document also will be available on the 
World Wide Web site that the EPA has established for CISWI units. The 
address is http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. The CISWI 
Web site references other Web sites for closely related rules, such as 
large and small municipal waste combustors (MWC), hazardous waste, and 
hospital/medical/infectious waste incinerators (HMIWI). The large MWC 
and HMIWI sites contain the respective State plan guidance documents.
    EPA Regional Office Contacts. Table 1 lists EPA Regional Offices 
that can answer questions regarding implementation of this rule.

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

I. Background Information
    A. What is the Statutory Authority for Today's Action?
    B. What is the Purpose of this Federal Plan?
    C. What Impact Does the U.S. Appeals Court Remand and EPA's 
Granting of a Request for Reconsideration Have on this Federal Plan?
    D. Status of State Plan Submittals
II. Affected Facilities
    A. What is a CISWI Unit?
    B. Does the Federal Plan Apply to Me?
    C. How Do I Determine If My CISWI Unit Is Covered by an Approved 
and Effective State or Tribal Plan?
III. Elements of the CISWI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected CISWI Units
    C. Inventory of Emissions
    D. Emission Limitations
    E. Compliance Schedules
    F. Waste Management Plan Requirements
    G. Testing, Monitoring, Recordkeeping, and Reporting
    H. Operator Training and Qualification Requirements
    I. Record of Public Hearings
    J. Progress Reports
IV. Significant Issues and Changes Since Proposal
    A. Applicability of the Standards
    B. Compliance Schedule
    C. Air Curtain Incinerators
    D. Delegation of Authority
V. Summary of CISWI Federal Plan
    A. What Emission Limitations Must I Meet?
    B. What Operating Limits Must I Meet?
    C. What are the Requirements for Air Curtain Incinerators?
    D. What are the Testing, Monitoring, Recordkeeping, and 
Reporting Requirements?
    E. What is the Compliance Schedule?
    F. How Did EPA Determine the Compliance Schedule?
VI. CISWI That Have or Will Shut Down
    A. Units That Plan to Close Rather Than Comply
    B. Inoperable Units
    C. CISWI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
    D. Implementing Authority
    E. CISWI Federal Plan and Indian Country
VIII. Title V Operating Permits
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act/Small Business Regulatory 
Enforcement Fairness Act (SBREFA)
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211--Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background Information

A. What Is the Statutory Authority for Today's Action?

    Today's action is taken under the authority of Sections 111, 114, 
129, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7411, 7414, 
7429, and 7601(a)). Today's action is a rulemaking subject to the 
provision of Clean Air Act section 307(d). See 42 U.S.C. 7606(d)(1).

[[Page 57520]]

B. What Is the Purpose of This Federal Plan?

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

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

    Subsequent to the EPA's promulgation of the final rule establishing 
the New Source Performance Standards (NSPS and the Emission Guidelines 
(EG)for CISWI units, two events occurred that potentially could result 
in substantive changes to these standards. First, in August 2001, the 
EPA granted a request for reconsideration, pursuant to section 
307(d)(7)(B) of the CAA, submitted on behalf of the National Wildlife 
Federation and the Louisiana Environmental Action Network, related to 
the definition of ``commercial and industrial solid waste incineration 
unit'' in the EPA's CISWI rulemaking. In granting this petition for 
reconsideration, the EPA agreed to undertake further notice and comment 
proceedings related to this definition. Second, on January 30, 2001, 
the Sierra Club filed a petition for review in the U.S. Court of 
Appeals for the D.C. Circuit challenging the EPA's final CISWI rule. On 
Sept. 6, 2001, the Court entered an order granting the EPA's motion for 
a voluntary remand of the CISWI rule without vacature. The EPA's 
request for a voluntary remand of the final CISWI rule was intended to 
allow the EPA to address concerns related to the EPA's procedures for 
establishing MACT floors for CISWI units in light of the DC Circuit 
Court's decision in Cement Kiln Recycling Coalition v. EPA, 255 F.3d 
855 (DC Cir. 2001).
    Neither the EPA's granting of the petition for reconsideration, nor 
the Court's order granting a voluntary remand, stay, vacate or 
otherwise influence the effectiveness of the currently existing CISWI 
regulations. Specifically, section 307(d)(7)(B) of the CAA provides 
that ``reconsideration shall not postpone the effectiveness of the 
rule,'' except that ``[t]he effectiveness of the rule may be stayed 
during such reconsideration * * * by the Administrator or the court for 
a period not to exceed three months.'' In this case, neither the EPA 
nor the court stayed the effectiveness of the final CISWI regulations 
in connection with the reconsideration petition. Likewise, the DC 
Circuit granted the EPA's motion for a remand without vacature. 
Therefore, the Court's remand order had no impact on the effectiveness 
of the current CISWI regulations. Because the existing CISWI 
regulations remain in full effect, the EPA's obligation under section 
129(b)(3) of the CAA to promulgate a Federal plan (to implement those 
regulations for existing units that are not covered by an approved and 
effective State plan) remains unchanged.\1\ Therefore, the EPA is 
complying with its statutory obligations by promulgating the Federal 
plan for CISWI units.
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    \1\ Similarly, the obligations of States and sources are 
unaffected by the reconsideration petition and the remand.
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    To the extent that the EPA might take action in the future that 
results in changes in the underlying CISWI rule, in response to the 
petition for reconsideration or in response to the voluntary remand, 
the EPA will simultaneously amend this Federal plan to reflect any such 
changes. If such changes become necessary, interested parties, 
including States and sources, will have the opportunity to provide 
comments, and the EPA will reasonably accommodate the concerns of 
commenters as appropriate.

D. Status of State Plan Submittals

    Sections 111(d) and 129(b)(2) of the CAA, as amended, 42 U.S.C. 
7411(d) and 7429(b)(2), authorize EPA to develop and implement a 
Federal plan for CISWI located in States with no approved and effective 
State plan. Table 2 summarizes the current status of State plans. The 
CISWI covered in EPA-approved State plans are not subject to the CISWI 
Federal plan, as of the effective date specified in the Federal 
Register notice announcing the EPA's approval of the State plan. The 
EPA is not expecting State plans to be submitted by the States that 
submitted negative declarations. However, in the unlikely event that 
there are CISWI units located in these States, this Federal plan would 
automatically apply to such CISWI units.

[[Page 57521]]



                     Table 2.--Status of State Plans
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                 I. States With EPA-Approved State Plans
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Alabama, Florida, Indiana, Mississippi, New Hampshire, West Virginia.
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                II. Negative Declaration Submitted to EPA
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Arizona, Albuquerque in New Mexico, Clark County in Nevada, Colorado,
 Delaware, District of Columbia, Forsyth County in North Carolina,
 Kansas, Kentucky, Knox County in Tennessee, Maine, Maricopa County in
 Arizona, Mecklenburg County in North Carolina, Memphis/Shelby County in
 Tennessee, Missouri, Montana, New York, Nebraska, New Mexico, City of
 Philadelphia in Pennsylvania, Pima County in Arizona, Pinal County in
 Arizona, Rhode Island, South Dakota, Utah, Vermont, Virgin Islands,
 Washoe County in Nevada, Western County in North Carolina, Wyoming.
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                 III. Final State Plan Submitted to EPA
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Louisiana, Nashville/Davidson County in Tennessee, North Carolina, South
 Carolina, Puerto Rico.
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                  IV. Draft State Plan Submitted to EPA
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Allegheny County in Pennsylvania, Maryland, North Dakota, Ohio,
 Oklahoma, Virginia.
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    The EPA is currently reviewing final and draft State plans 
submitted by the States listed in parts III and IV of Table 2. The 
Federal plan covers CISWI in these States until these State plans are 
approved by the EPA and become effective. Other States are making 
significant progress on their State plans and we expect many State 
plans to be approved in the next several months. As our Regional 
Offices approve State plans, they will also, in the same action, amend 
the appropriate subpart of 40 CFR part 62 to codify their approvals. 
The EPA is not aware of any Indian Tribes that are developing Tribal 
plans.
    The EPA will maintain a list of State plan submittals and approvals 
on our Air Toxics Web site at http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. The list will help CISWI owners or operators determine 
whether their CISWI is affected by a State plan, a Tribal plan, or the 
Federal plan. Owners and operators of CISWI units can also contact the 
EPA Regional Office for the State in which their CISWI units are 
located to determine whether there is an approved and effective State 
plan in place.

II. Affected Facilities

A. What Is a CISWI Unit?

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

B. Does the Federal Plan Apply to Me?

    The Federal plan applies to you if you are the owner or operator of 
a combustion device that combusts commercial and industrial waste (as 
defined in subpart III) and the device is not covered by an approved 
and effective State or Tribal plan as of December 1, 2002. The Federal 
plan covers your CISWI unit until the EPA approves a State or Tribal 
plan that covers your CISWI unit and that plan becomes effective.
    If you began the construction of your CISWI unit on or before 
November 30, 1999, it is considered an existing CISWI unit and could be 
subject to the Federal plan. If you began the construction of your 
CISWI unit after November 30, 1999, it is considered a new CISWI unit 
and is subject to the NSPS. If you began reconstruction or modification 
of your CISWI unit prior to June 1, 2001, it is considered an existing 
CISWI unit and could be subject to the Federal plan. Likewise, if you 
began reconstruction or modification of your CISWI unit on or after 
June 1, 2001, it is considered a new CISWI unit and is subject to the 
NSPS.
    Your CISWI unit is subject to this Federal plan if on November 3, 
2003, the EPA has not approved a State or Tribal plan that covers your 
unit, or the EPA-approved State or Tribal plan has not become 
effective. The specific applicability of this plan is described in 
sections 62.14510 through 62.14531 of subpart III.
    Once an approved State or Tribal plan is in effect, the Federal 
plan no longer applies to a CISWI unit covered by such plan. An 
approved State or Tribal plan is a plan developed by a State or Tribe 
that the EPA has reviewed and approved based on the requirements in 40 
CFR part 60, subpart B to implement and enforce 40 CFR part 60, subpart 
DDDD. The State or Tribal plan is effective on the date specified in 
the notice published in the Federal Register announcing the EPA's 
approval of the plan.
    Today's promulgation of the CISWI Federal plan does not preclude 
States or Tribes from submitting a plan. Once the EPA approves a State 
or Tribal plan, then the Federal plan will no longer apply to CISWI 
units covered by the State or Tribal plan as of the effective date of 
the State or Tribal plan. (See the discussion in ``Federal Plan Becomes 
Effective Prior to Approval of a State or Tribal Plan'' in section 
VII.C of this preamble.) If a CISWI unit were to be overlooked by a 
State or Tribe and the State or Tribe submitted a negative declaration 
letter, or if an individual CISWI unit were not to be covered by an 
approved and effective State or Tribal plan, the CISWI unit would be 
subject to this Federal plan.

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

    Part 62 of Title 40 of the Code of Federal Regulations identifies 
the approval and promulgation of section 111(d) and section 129 State 
or Tribal plans for designated facilities in each State or area of 
Indian Country. However, part 62 is updated only once per year. Thus, 
if part 62 does not indicate that your State or Tribal area has an 
approved and effective plan, you

[[Page 57522]]

should contact your State environmental agency's air director or your 
EPA Regional Office (Table 1) to determine if approval occurred since 
publication of the most recent version of part 62.

III. Elements of the CISWI Federal Plan

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

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

A. Legal Authority and Enforcement Mechanism

1. EPA's Legal Authority in States
    Section 301(a) of the CAA provides the EPA with broad authority to 
write regulations that carry out the functions of the CAA. Sections 
111(d) and 129(b)(3) of the CAA direct the EPA to develop a Federal 
plan for States that do not submit approvable State plans. Sections 111 
and 129 of the CAA provide the EPA with the authority to implement and 
enforce the Federal plan in cases where the State fails to submit a 
satisfactory State plan. Section 129(b)(3) of the CAA requires the EPA 
to develop, implement, and enforce a Federal plan within two years 
after the date the relevant emission guidelines are promulgated (by 
December 1, 2002, for CISWI units). Compliance with the emission 
guidelines cannot be later than five years after the relevant emission 
guidelines are promulgated (by December 1, 2005, for CISWI units).
2. EPA's Legal Authority in Indian Country
    Section 301 of the CAA provides the EPA with the authority to 
administer Federal programs in Indian Country. See sections 301(a) and 
(d). Section 301(d)(4) of the CAA authorizes the Administrator to 
directly administer provisions of the CAA where Tribal implementation 
of those provisions is not appropriate or administratively not 
feasible. See section VII.E of this preamble for a more detailed 
discussion of the EPA's authority to administer the CISWI Federal plan 
in Indian Country.
    This Federal plan is being promulgated under the legal authority of 
the CAA to implement the emission guidelines in those States and areas 
of Indian Country not covered by an approved plan. As discussed in 
section VII of this document, implementation and enforcement of the 
Federal plan may be delegated to eligible Tribal, State, or local 
agencies when requested by a State, eligible Tribal, or local agency, 
and when the EPA determines that such delegation is appropriate.

B. Inventory of Affected CISWI Units

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

C. Inventory of Emissions

    The Federal plan includes an emissions estimate for CISWI units 
subject to the emission guidelines. (See 40 CFR 60.25(a).) The 
pollutants to be inventoried are dioxins/furans, cadmium (Cd), lead 
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl), 
oxides of nitrogen (NOX), carbon monoxide (CO), and sulfur 
dioxide (SO2). The EPA has estimated the emissions from each 
known CISWI unit that potentially may be covered by the Federal plan 
for the nine pollutants regulated by the Federal plan.
    The emissions inventory is based on available information about the 
CISWI units, emission factors, and typical emission rates developed for 
calculating nationwide air impacts of the CISWI emission guidelines and 
the Federal plan. Refer to the inventory memorandum in docket number A-
2000-52, item number II-B-3 for the complete emissions inventory and 
details on the emissions calculations.

D. Emission Limitations

    The Federal plan includes emission limitations. (See 40 CFR 
60.24(a).) Section 129(b)(2) of the CAA requires these emission 
limitations to be ``at least as protective as'' those in the emission 
guidelines. The emission limitations in this Federal plan are the same 
as those contained in the emission guidelines. (See Table 1 of subpart 
III.) Section V. of this preamble discusses the emission limitations 
and operating limits. Table 2 of subpart III contains operating limits 
for wet scrubbers.

[[Page 57523]]

E. Compliance Schedules

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

F. Waste Management Plan Requirements

    A waste management plan is a written plan that identifies both the 
feasibility and the methods used to reduce or separate certain 
components of solid waste from the waste stream to reduce or eliminate 
toxic emissions from incinerated waste. The waste management plan must 
be submitted no later than April 5, 2004. Sections 62.14580 through 
62.14590 of subpart III contain the waste management plan requirements.

G. Testing, Monitoring, Recordkeeping, and Reporting

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

H. Operator Training and Qualification Requirements

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

I. Record of Public Hearings

    The proposed Federal plan provided opportunity for public 
participation in adopting the plan. No requests for a public hearing 
were received by the EPA.

J. Progress Reports

    Under the Federal plan, the EPA's Regional Offices will prepare 
annual progress reports to show progress of CISWI units in the Region 
toward implementation of the emission guidelines. (See 40 CFR 
60.25(e).) States or Tribes that have been delegated the authority to 
implement and enforce this Federal plan are also required to submit 
annual progress reports to the appropriate EPA Regional Office.
    Each progress report must include the following items: (1) Status 
of enforcement actions; (2) status of increments of progress; (3) 
identification of sources that have shut down or started operation; (4) 
emission inventory data for sources that were not in operation at the 
time of plan development, but that began operation during the reporting 
period; (5) additional data as necessary to update previously submitted 
source and emission information; and (6) copies of technical reports on 
any performance testing and monitoring.

IV. Significant Issues and Changes Since Proposal

A. Applicability of the Standards

    A commenter (IV-D-05) representing electric utilities providing 
service to more than 95% of the nation's consumers of electricity 
commented in support of proposed rules. In particular, the commenter 
endorsed the EPA's proposed definitions of ``commercial and industrial 
solid waste incineration unit'' and the corresponding definition of 
``commercial and industrial waste.'' The commenter said that, taken 
together, these two definitions will ensure that the proposed Federal 
plan requirements do not inadvertently encompass combustion units, 
including electric utility boilers, that burn materials for energy 
recovery. The commenter amplified this endorsement noting his 
organization's opinion that the proposed rules clarify that the section 
129 program was not intended by Congress to encompass electric utility 
boiler combustion practices, including those circumstances where 
electric utility boilers co-combust non-hazardous solid waste with 
fossil fuels during normal production operations. According to the 
commenter, it was clear from the legislative history of section 129 
that Congress meant only for the EPA to regulate units whose primary 
function is to incinerate nonhazardous solid waste, not electric 
utility boilers that co-combust small amounts of nonhazardous waste 
with fuel during the production of electric power. The commenter sought 
to underscore that, for purposes of this rulemaking, the EPA correctly 
adopted the same definitions of CISWI and commercial and industrial 
waste incorporated in the EG, thereby excluding from the CISWI Federal 
plan combustion units, including electric utility boilers, that engage 
in energy recovery.
    The EPA notes that a comment letter endorsing a proposed action 
typically requires no response on our part. Here, we remind the reader 
that after promulgating the final rule establishing the NSPS and the EG 
for the CISWI category, the EPA received and granted a petition for 
reconsideration related specifically to the definition of ``commercial 
and industrial solid waste incineration unit''. Thus, the EPA will 
undertake additional notice and comment proceedings related to this 
definition. Additionally, as discussed above, the EPA accepted a 
voluntary remand (without vacature) on the underlying NSPS and EG in 
connection with a petition for review filed in the Federal Court of 
Appeals for the D.C. Circuit. We clearly acknowledged this fact also in 
the proposal for this Federal plan. The EPA intends to take final 
action on this definitional issue in conjunction with the EPA's 
response to the remand. As we noted at proposal, however, since the 
current EG remain in effect, we have proceeded to develop a Federal 
plan as required by section 129(b)(3) of the CAA.
    Since the Federal plan must mirror the substantive requirements of 
the EG, we will promulgate a Federal plan which includes the 
definitions endorsed by the commenter. To the extent that we might take 
action in the future that results in changes to the definitions in the 
underlying CISWI EG, we will simultaneously propose amendments to the 
Federal plan to reflect any such changes. If changes become necessary, 
interested parties, including the commenter, will have the opportunity 
to provide comments. We will reasonably accommodate concerns of 
commenters as appropriate.
    One commenter (IV-D-01) representing a State air pollution control 
agency noted a discrepancy between the proposed Federal plan and EG 
requirements for air curtain incinerators (ACI) regarding the types of 
wastes qualifying for the exemption of ACI from CISWI emission limits. 
The commenter observed that the proposed plan specifies certain 
requirements if the ACI's burn only 100 percent wood waste and clean 
lumber. By contrast, the EG and NSPS specify certain

[[Page 57524]]

requirements if the ACI burn 100 percent wood waste, 100 percent clean 
lumber, or 100 percent wood waste, clean lumber, and/or yard waste. The 
commenter asked that the EPA explain and correct the discrepancy as 
appropriate.
    We agree that the commenter's observation was correct. The proposed 
regulatory language has been amended to duplicate the applicability of 
the EG. Further, a definition of yard waste has been included to 
provide clarity on the meaning of the term ``yard wastes'' for the 
purposes of this Federal plan. The term ``yard wastes'' as defined in 
the final rule for the CISWI Federal plan includes the excluded wastes 
listed in paragraph (1) of the definition of ``wood waste'' in Sec.  
62.14840 of the rule. This definition of ``yard wastes'' is consistent 
with the one previously promulgated in the NSPS for large municipal 
waste combustors (40 CFR Part 60 Subpart Eb). Overall, these changes 
will make the final rule better comport to the language in section 
129(g)(1) of the CAA.
    One commenter (IV-G-01) supports the rationale behind the exemption 
in Sec. Sec.  62.14525(n)(7) and 62.2555(n)(7) which exempts ``Units 
burning only photographic film to recover silver.'' However, the 
commenter believes that for this exemption to be effective, it should 
be broadened to cover photographic materials, since there is a broad 
range of photographic materials that are burned together to recover 
silver. These materials include, not only film, but paper, filters, 
sludges and other photosensitive materials. Accordingly, the commenter 
recommended changing the wording of Sec.  62.14525(n)(7) to read as 
follows: ``(7) Units burning only photographic materials to recover 
silver.''
    Another commenter (IV-G-04) requested a similar change to the draft 
rules to formalize an exemption for carbon regeneration furnaces used 
in the corn wet milling industry. He asked for the proposed rule to be 
amended to reflect the EPA's granting of a petition for exemption of 
these sources on September 24, 2002. To accomplish this purpose, we 
were asked to add language to Sec.  62.14525(n) reading as follows: 
``Units burning contaminants adsorbed by spent activated carbon when 
the spent carbon is being regenerated for reuse in manufacturing 
processes.''
    While EPA understands the basis for both comments, in light of 
section 129(g) of the CAA, we do not believe that adopting additional 
specific exemptions in the Federal Plan is the appropriate approach. 
First, the appropriate mechanism for requesting exemptions beyond those 
expressly provided for in the EG is the petition process described in 
Sec.  60.2025 of the NSPS and Sec.  60.2558 of the EG. Second, we do 
not believe that it is appropriate to list in the Federal plan each 
exemption that EPA approves under these provisions. We are concerned 
that making the requested changes would cause a discrepancy between the 
express applicability of the EG and the Federal plan. To avoid such 
discrepancies, the EPA would need to simultaneously amend the Federal 
plan and the EG each time we approve a new exemption under Sec.  
60.2558. However, each change in the Federal plan for new exemptions 
would cause the Federal plan to differ from State plans.
    To appropriately account for exemptions approved under Sec. Sec.  
60.2025 and 60.2558, while ensuring that the Federal plan is consistent 
with the requirements of the EG, we have amended the final rule to 
include a new paragraph 62.14525(n)(8). This provision exempts from the 
Federal plan sources which are granted exemptions from the NSPS and EG 
through the petition process. Thus, in order to secure an exemption 
from the Federal plan requirements based on a facility's status as a 
chemical recovery unit, the facility need only apply for and receive an 
exemption under the appropriate provision of the NSPS or the EG. 
Accordingly, we have also re-drafted Sec.  62.14530 to advise owners/
operators of chemical recovery units not listed in paragraph 
62.14525(n) of the appropriate method to request exemptions.
    We received comment (IV-D-03) from an operator of CISWI units in 
Alaska who requested changes to the proposed rules to fit circumstances 
deemed unique to operation of the Alaskan pipeline. The commenter 
suggested that a lower size cutoff should be added to the final rule to 
reflect the economic impacts of installing emission controls in very 
remote locations. The commenter further requested outright exemption of 
emergency-use CISWI. The primary concern given was elimination of non-
hazardous debris from the cleanup of large oil spills. The commenter 
noted that for large oil spill response operations, incinerators would 
be a valuable form of equipment to environmentally and safely dispose 
of large amounts of boom, sorbent pads, and personal protective 
equipment employed in a clean-up. He said that land-filling such 
materials is not a viable option because of the remote locations. He 
considered bagging and shipping such waste away from the locale of a 
spill infeasible and was not aware of any Alaskan facilities that could 
handle the large volumes of oily waste they'd receive. While requesting 
that the EPA include in the final Federal plan an exemption for 
emergency use CISWI, the commenter would not object to establishment of 
minimal standards such as unit capacity limitations in such an 
exemption.
    We see section 129(a) of the CAA providing discretion to consider 
cost, non-air health and environmental impacts and energy requirements 
in the establishment of emission standards for CISWI. However, the EPA 
may not consider such factors in establishing the minimum stringency 
for controls under section 129(a)(2). Moreover, Section 129 does not 
permit the EPA to exclude incinerators from coverage under the 
regulations based on the size of the incinerator unit. Finally, the 
emission limits for CISWI units were established in the manner 
prescribed by law for determining that minimal level during development 
of the EG. The function of this Federal plan is not to make substantive 
changes to those requirement, but to implement those requirements in 
States that do not adopt State plans. Section 129(b) requires us to 
include in the Federal plan all provisions of the guidelines. Thus, it 
would be inappropriate to change this Federal plan in the manner 
requested by the commenter.

B. Compliance Schedule

    Two commenters (IV-D-02, IV-G-02) asked us to revise the compliance 
schedule for existing CISWI units subject to Federal plan to be 
consistent with the compliance schedule provided in the EG. Both cited 
section 60.2535 of the CISWI EG, wherein the regulation requires 
compliance ``as expeditiously as practicable,'' or by the earlier of 
two dates: three years after the effective date of State plan approval 
or by December 1, 2005. Both noted, however, that section 62.14535 of 
the proposed Federal plan provides only one year after promulgation of 
the CISWI Federal plan for final compliance. One writer asked us to 
synchronize the compliance dates for CISWI units, whether they are 
regulated under a State plan or the Federal plan. The other expressed 
concern that similar units in different States may have different 
compliance dates. We were asked to revise the Federal plan to require 
compliance as expeditiously as practicable, but not later than the 
earlier date of December 1, 2005, or three years after promulgation of 
the Federal plan.
    In reply, we note our expectation that schedules for combustion 
units subject to section 129 requirements should differ. Because 
compliance schedules

[[Page 57525]]

are often tied to the time of State plan approval, most State plans 
will have differing compliance dates. Hence, State plans and Federal 
plans are not expected to have the same compliance dates for a given 
category of sources. Furthermore, State plans and the Federal plan have 
the obligation to require compliance ``as expeditiously as 
practicable.'' This is specifically required in section 129(f)(2) of 
the CAA as well as in 40 CFR 60.24(c) and may be sooner than the worst 
case dates identified in the emission guidelines.
    State plans were due on December 1, 2002. If a State or Tribe with 
existing CISWI units did not submit an approvable plan by December 1, 
2002, sections 129 and 111 of the CAA require the EPA to develop, 
implement, and enforce a Federal plan for units located in that State 
or Tribal area. By developing the Federal plan, we assumed the burden 
of implementing the EG for CISWI units not covered by an approved and 
effective State or Tribal plan. In the Federal plan, as in a State 
plan, the implementing agency has the discretion to apply an 
appropriate compliance schedule to the source category. In the case of 
the Federal plan, we developed our schedule to achieve compliance with 
provisions of the EG as expeditiously as practicable, based on the 
feasibility of owners or operators to retrofit combustion units with 
air pollution control devices.
    Mindful of the requirements of section 129(f)(2), we examined the 
feasibility for owners or operators to retrofit combustion units with 
air pollution control devices prior to proposal. Based upon 
similarities in size and upon examination of eight case studies (Docket 
No. A-98-24, II-A-1) of hospital medical infectious waste incineration 
(HMIWI) units that completed retrofits of types of controls needed to 
meet the HMIWI Federal plan, we chose to require compliance within one 
year after publication of the final CISWI Federal plan. Our rationale 
for the compliance schedule is discussed fully in the proposal preamble 
at 67 FR 70646. Implementation of the EG and Federal plans for HMIWI 
have shown that our expectations were well-founded. We concluded that 
CISWI owners and operators could meet the final compliance date just as 
promptly and efficiently. Also, we noted that in addition to the one 
year extension provision of the Federal plan, owner/operators could 
have used the time between promulgation of the final CISWI EG (or 
proposal of the Federal plan) and promulgation of this Federal plan to 
plan and begin retrofits. However, the EPA expects that some CISWI 
units could need more than one year to comply, as did some HMIWI units, 
due to site-specific circumstances. For units that may have more 
complex retrofits or constraints that prevent them from complying 
within one year, the Federal plan establishes increments of progress 
and those units must comply within two years.
    Thus, we will retain the proposed compliance schedule in the final 
CISWI Federal plan. Existing CISWI units must comply within one year 
after publication of the final rule in the Federal Register or meet 
increments of progress and comply within two years after publication of 
the final rule in the Federal Register.
    We received a request (IV-G-02) to clarify the compliance schedule 
for CISWI units that may lose the rule exemption provided in Sec.  
62.14525(n)(4) after the effective date of the rule. Section 
62.14525(n)(4) exempts chemical recovery units burning only 
manufacturing byproduct streams/residues containing catalyst metals 
which are reclaimed and reused as catalysts or used to produce 
commercial grade catalysts. The commenter owns an operating site which 
he believes qualifies for an exemption from the requirements of the 
CISWI Federal plan because catalyst metals in incinerator fly ash are 
reclaimed off site or used in making commercial grade catalysts. The 
commenter is concerned about the potential unavailability of an off-
site reclamation facility and requested that we provide at least three 
years after the loss of his expected rule exemption for final 
compliance with the rule requirements.
    As outlined above and in the preamble to the proposed rule, we 
respond by stating our expectation that most CISWI units will reach 
final compliance promptly and efficiently. Those CISWI units that 
become exempt through Sec. Sec.  62.14525 and 62.14530 of the Federal 
plan, but lose that exemption after the compliance date of the Federal 
plan, must begin complying with the requirements of the Federal plan 
immediately upon loss of the exemption. Moreover, section 129(b)(3) 
requires that all CISWI units must be in compliance with the 
requirements of a State or Federal plan no later than five years after 
promulgation of the emission guidelines, which is December 1, 2005. 
Therefore, we would not have the authority to allow a compliance date 
three years after loss of an exemption, as suggested by the commenter.
    If owners or operators of affected CISWI units anticipate that they 
will not be exempt in the future, we encourage them to begin plans for 
installation of any controls needed to meet the CISWI emission limits. 
According to this final Federal plan, owners or operators are required 
to either: (1) Reach final compliance by the date one year after 
publication of this final rule in the Federal Register; or (2) meet 
increments of progress and reach final compliance by the date two years 
after publication of this final rule in the Federal Register. The final 
compliance schedule and increments of progress are contained in 
Sec. Sec.  62.14535 through 62.14575 of the final CISWI Federal plan. 
Therefore, any unit that loses its exemption after the applicable 
compliance date (one year from publication of this final Federal plan, 
or if a facility has met all the requirements related to increments of 
progress, two years after the publication of this final Federal Plan) 
must meet the applicable standards as of the date that it loses its 
exemption. Similarly, if a facility loses an exemption prior to the 
applicable compliance date, the facility must meet the required 
standards as of the compliance date.
    The same commenter (IV-G-02) opined that the proposed petition 
requirements in Sec.  62.14536 for one year compliance extensions are 
unnecessary. He said that the CISWI EG include no corresponding 
requirement for compliance extensions beyond meeting the two increments 
of progress. The commenter believes the increment of progress 
requirements in proposed Sec.  62.14540 are sufficient and requested 
that EPA remove the proposed requirements in Sec.  62.14536.
    We disagree. To develop the CISWI Federal plan, we must determine 
how to fill in implementation details not spelled out in the EG or 
subpart B, including how and when to grant compliance extensions (as 
must States when developing State plans). The EG provide a framework 
for implementation, but some details need to be developed through 
implementation plans. Paragraph 129(f)(2) requires that the EG be 
applied as expeditiously as practicable. Our prior experience with 
similar sources shows that requiring compliance within 12 months of 
promulgation of the final rule is generally achievable and this is 
reflected in the proposed rule. Prior experience also shows that, in 
some instances, site-specific concerns can make a one year compliance 
schedule impracticable and that is also reflected in the proposed one 
year extension of the compliance date. Some criteria are needed to 
guide the EPA and the regulated community as to when it would be 
appropriate to allow extra time for sources to achieve final

[[Page 57526]]

compliance and how to accomplish this procedurally. The Federal plan is 
being implemented under the legal authority of section 111 as well as 
section 129. For plans to implement EG under section 111 of the CAA, 
the broad procedural approach to be followed is given in the Code of 
Federal Regulations at 40 CFR part 60, subpart B. Specifically, 
paragraphs 60.24(f)(1) to (3) provide criteria for resolving the 
question of how to decide when it is appropriate to allow affected 
facilities additional time to achieve compliance. In particular, there 
must be a determination that meeting the initial compliance date would 
be unreasonably costly, physically impossible, or otherwise 
unreasonable. The petition requirements in Sec.  62.14536 for sources 
to request one-year compliance extensions were included in the proposed 
rule for the express purpose of addressing these requirements.
    We have consistently advised States developing State plans to look 
to the HMIWI Federal plan for guidance regarding a detailed process for 
addressing compliance extensions. Similarly, we are following the 
general procedural approach of the HMIWI Federal plan for the CISWI 
Federal plan. Our decision to take this path was based upon the 
knowledge that the HMIWI Federal plan approach had previously undergone 
notice and comment and that its efficacy had been tested in practice 
through implementation of the HMIWI Federal plan. Thus, we believe that 
the proposed criteria for compliance extensions constitute a reasonable 
and appropriate solution to a known problem and are leaving those 
criteria in the final rule.
    The same commenter (IV-G-02) asked us to revise the performance 
test timing requirements in Sec.  62.14665 to allow at least 180 days 
after final compliance date for the initial performance test. He 
claimed that 90 days after the final compliance date would be 
insufficient time to coordinate the operations and emissions test 
schedules and complete the final performance test. He noted that Sec.  
60.2705 of the CISWI emissions guidelines allows CISWI units subject to 
a State plan up to 180 days after the final compliance date for 
conducting an initial performance test. The commenter believes the 
performance test timing requirements for the CISWI units subject to 
Federal plan should be consistent with the performance test timing 
requirements for the CISWI units subject to a State plan. The commenter 
noted that such a change would make the CISWI Federal plan consistent 
with the CISWI emission guidelines.
    The 180-day time period to conduct compliance testing originated in 
the 1970s, when industry commented that there were not enough qualified 
testers to perform the surge of testing that was expected as the 
original major rules took effect. At the time, there was enough 
credibility to the argument that rule writers allowed a full 180 days 
(6 months) to conduct compliance testing. This then became a common 
allowance in subsequent NSPS and EG. Under this Federal plan, there are 
relatively few CISWI units to be tested, qualified testers are 
abundant, and there is sufficient lead time for CISWI owners and 
operators to coordinate operations and emissions testing.
    While, as the commenter observes, the EG allow States to give 
sources up to 180 days after the final compliance date to complete 
performance testing, 180 days is the maximum amount of time that may be 
allowed. Implementing authorities may require performance testing more 
quickly. As discussed above, sufficient test equipment and personnel 
are available. In this case, the EPA expects that 90 days is 
appropriate and sufficient time to coordinate the operations and 
emissions test schedules and complete the final performance test.
    This approach has the advantage of reducing the duration of the 
period of uncertainty about compliance status between the actual 
compliance date and the time that a final test report has been 
submitted and approved. While sources are liable for their compliance, 
or lack thereof, from the compliance date onward, there exists a time 
of uncertainty until testing has been completed and approved by all 
relevant parties. Since the proposed plan allows sources two months 
following the initial performance test to submit test reports, the 
actual period of uncertainty over compliance status is potentially 
eight months with a 180 day testing delay. Should a source fail its 
performance test, it is immediately subject to enforcement consequences 
for its actions dating from the compliance date until such time as a 
performance test is successfully passed. However, the task of the 
agency responsible for enforcement is complicated by forced reliance 
upon a combination of data obtained at an unsuccessful performance test 
and data obtained from continuous monitoring systems. In developing the 
Federal plan, we have sought to reduce the potential negative impacts 
associated with this period of uncertainty. At the same time, we are 
not entirely satisfied that the complete elimination of a delay in 
performance testing after the compliance date is appropriate and, 
hence, we proposed a three month period. In this specific case, some 
sources may receive compliance extensions allowing up to two years from 
the date of publication of the this final rule. It seems reasonable 
that such sources would have more than enough time to arrange and 
complete performance testing ahead of their extended compliance date. 
For most sources, which will spend the next year planning and 
installing emission control systems, we concluded that some additional 
time after the compliance date may be needed to complete performance 
testing. Thus, we have retained the requirement to conduct the initial 
performance test no later than 90 days after the final compliance date. 
In doing so, we have balanced the need for timely assurance of 
compliance with the practicalities of scheduling and completing 
performance testing.

C. Air Curtain Incinerators

    We received two statements of opinion arguing against requiring 
title V operating permits for air curtain incinerators (ACI). One 
commenter (IV-D-01) representing a State air pollution control agency 
noted that the proposed rules were clearly written to specify that ACI 
would be required to obtain title V operating permits. He correctly 
observed that the EG and the NSPS do not specify that ACI should obtain 
a title V permit and requested that we change the final rule language 
in the Federal plan to read the same as EG and NSPS. He went on to 
express his opinion that doing so would result in ACI not being 
permitted under title V. This would be acceptable to the commenter who 
expressed his belief that the CAA does not require existing ACI (which 
burn only the particular wastes specified under the CAA) to operate 
under a title V permit. He presented a rationale for this belief. He 
first noted that section 129 of the CAA provides for State plans (and 
Federal plans) for CISWI under the combined authority of sections 129 
and 111 of the CAA. His rationale first quotes section 129(g) of the 
CAA which states that the term ``solid waste incineration unit'' does 
not include, among other things, `` air curtain incinerators provided 
that such incinerators only burn wood wastes, yard wastes and clean 
lumber and that such air curtain incinerators comply with opacity 
limitations to be established by the Administrator by rule.''
    His next step is to focus upon the language specific to title V 
operating permits in section 129(e) wherein the CAA states ``Beginning 
(1) 36 months after the promulgation of a performance standard under 
subsection (a) and

[[Page 57527]]

section 111 applicable to a category of solid waste incineration units, 
or (2) the effective date of a permit program under title V in the 
State in which the unit is located, whichever is later, each unit in 
the category shall operate pursuant to a permit issued under this 
subsection and title V.'' (Emphasis added by commenter) He then 
combines the two passages cited to conclude that, ``by definition, ACIs 
are not solid waste incineration units as long as they burn only the 
wastes which are narrowly defined in the Act. Therefore, ACIs are not 
required to operate under a title V permit.''
    A second State pollution control agency (IV-G-03) echoed the 
preceding rationale and conclusions.
    We respond by first saying that we were specific in the proposal 
about the need for title V permits for ACI subject to the Federal plan 
for the purpose of clarifying that need. We did so in order to clearly 
present the Agency's view of these sources' title V obligations, and to 
answer questions such as those voiced by the commenter resulting from 
the absence of such specific language in the EG and NSPS. The Agency 
has consistently maintained that operating permits are needed for ACI 
subject to the NSPS and to State plans drafted pursuant to the EG. 
However, communications we have received since promulgation of the EG 
and NSPS pointed to the advisability of specifically clarifying the 
matter in the preamble to the Federal plan and in the rule itself. 
Thus, to facilitate the application of title V to these sources, we 
have specifically included in this Federal plan language describing the 
need for title V operating permits.
    We disagree with the commenters' conclusion that ACI subject to the 
CISWI Federal plan need not obtain title V operating permits. As noted 
by the commenters, section 129 directs the Agency to develop 
requirements for ACI under the authority of section 111, as well as 
section 129. Thus, there are two potential origins of title V 
obligations: Section 129(e) and section 502(a). Accordingly, even if 
section 129(e) were not applicable, sources would clearly still be 
subject to title V, based on the general obligation for all sources 
subject to rules written under the authority of section 111 to have 
operating permits. Thus, all ACI subject to State plans, Federal plans, 
or NSPS must obtain title V operating permits.
    With regard to the question of when such permit applications are 
due, we believe that the Act provides sufficient discretion for the 
Agency to require title V permit applications for ACI in a manner that 
is consistent with the obligations of other sources regulated under 
section 129 and 111. While paragraph 129(g) clearly contemplates 
exempting certain ACI from the substantive emission standards under 
paragraphs 129(a) and (b), it is less clear what impact this limited 
exemption has on such sources' obligations under title V. In general, 
it is clear that section 129 is meant to apply to ACI; either in full 
for those ACI that do not meet the limited criteria of the section 
129(g) exemption, or in a more limited fashion (including opacity 
standards) for those ACIs that qualify for the section 129(g) 
exemption. For ACIs subject to the opacity standards that EPA adopts 
under this section, the applicability of the 129(e) title V 
requirements are made somewhat ambiguous by the wording of paragraph 
129(g). However, having established that title V operating permits for 
ACI are required as a matter of law (under either 129(e) or 502(a)), we 
believe that it is a reasonable exercise of the Agency's discretion to 
require all covered ACI (including those subject to the section 129/111 
opacity standards) to apply for title V permits within the period of 
time permitted by section 129(e). We believe that the intent of section 
129 is best served by maintaining consistency in the title V 
obligations among the universe of sources regulated under this section, 
thereby ensuring that the contemplated emissions reductions are 
achieved expeditiously for each category of sources regulated under 
this section. Moreover, for ACIs subject only to section 129/111 
opacity standards, permit applications should be simpler to prepare 
than for sources subject to full regulation under the section 129 
emission standards. Thus, the EPA is retaining the requirement for all 
sources regulated under section 129/111 (including ACI) to submit title 
V operating permit applications within the time frame described in 
section 129(e). Consistent with this requirement, a detailed 
explanation of when sources regulated under section 129/111 (again, 
including ACI) must apply for a title V permit, whether subject to a 
State plan, Federal plan, or NSPS, can be found in Table 6 included in 
section VIII. of the preamble (titled ``Title V Operating Permits'').
    One of the State agency commenters (IV-G-03) also questioned the 
utility of requiring title V operating permits for ACI. He said that if 
ACI are operated properly, the opacity requirement is easily achieved 
and the Federal plan and the CISWI EG/NSPS rules appear to require 
nothing more than for the units to operate normally. If such were the 
case, he would see requiring ACI to obtain title V operating permits to 
be a very protracted administrative effort that would achieve no air 
quality benefits.
    As we discussed above, we have concluded that ACI need to obtain 
title V permits. However, we do not believe that the process for ACI to 
obtain title V operating permits needs to be as burdensome as suggested 
by the commenter. In terms of the burden of permitting, it is worth 
noting that there are only a minimal number of requirements in the 
Federal plan which apply to those ACI which burn 100% wood wastes, 
clean lumber, and/or yard waste. And, as noted by the commenter, these 
requirements are straightforward. Therefore, these requirements should 
not be difficult to incorporate into a title V application or permit.
    In terms of air quality benefits, we believe that title V permits 
provide air quality benefits by helping to ensure that sources comply 
with the requirements to which they are subject. Title V requirements 
help ensure compliance with applicable requirements in a number of 
ways. For example, title V regulations at 40 CFR part 70 and 71 require 
sources to self-certify compliance with applicable requirements 
initially and annually, require sources to promptly report deviations 
from a permit, and require that title V permits contain monitoring 
sufficient to assure compliance. This last requirement may necessitate 
that additional monitoring be added to a permit to supplement the 
monitoring required by the relevant applicable requirement. In short, 
title V operating permit requirements can enhance the effectiveness of 
rules such as this Federal plan. In terms of this particular rule, a 
title V permit will help ensure that an ACI operates within the 
parameters established by the Federal plan whether it burns 100% wood 
wastes, clean lumber, and/or yard waste, or whether it burns other 
wastes and becomes subject to all of the requirements in the Federal 
plan.
    The commenter also noted the number of exemptions resulting in 
negative declarations for CISWI and the similarly structured small 
municipal waste combustors (small MWC) rule. He was of the opinion that 
since both the CISWI rule and the small MWC rule have numerous 
exemptions for a wide variety of sources, most states have few if any 
sources covered by them. As an example, he said his State submitted 
negative declarations for the small MWC rule and many more States 
submitted negative declarations for the CISWI rule. In his State, out 
of hundreds of potential

[[Page 57528]]

sources, due to the number of exemptions, they found just nine units 
affected by the combined rules, all of which were ACI. Since, in his 
opinion, the Federal plan will simply require these units to operate 
normally, he questioned the efficacy of expending so much effort on 
these series of rules.
    The significance of the commenter's observations regarding negative 
declarations is unclear. Although the number of sources ultimately 
regulated by these rules may be less than expected in some States, 
significant emissions reductions are being achieved throughout the 
country through the implementation of these rules.

D. Delegation of Authority

    A State air pollution control agency (IV-D-04) expressed concerns 
about the EPA's general approach to delegating authority and about 
specific aspects of the proposed plan. The commenter pointed to 
perceived inconsistencies in a number of NSPS and Federal plans and 
suggested the proposed plan would contribute to a pattern of 
inconsistency. Specific to the proposed CISWI Federal plan, the 
commenter observed that an inspector would need to carry around a copy 
of the proposal preamble in addition to the Code of Federal Regulations 
(CFR) because the delegation of authority provisions were placed in the 
preamble instead of following the previously established practice of 
including them in the CFR. In addition, the commenter listed specific 
questions about the differences in retained authorities in the CISWI 
NSPS and the proposed CISWI Federal plan. He posited that the EPA's 
general inconsistency combined with the specifics of the proposal 
impede the efforts of compliance inspectors. The commenter recommended 
an approach for the EPA to use in promulgating this Federal plan and 
other regulations concerning the section 129 and section 111 programs. 
He asked that the provisions concerning delegation of authority should 
be promulgated as part of the regulation and published in the CFR. They 
should be written so as to use the same words to express the same 
meaning and be based upon a consistent policy as to the provisions that 
are not allowed to be delegated.
    Our overall response is that we delegate as much authority as 
possible, consistent with Congress' intent that States, Tribes, and 
local agencies take the primary responsibility for ensuring that the 
emission limitations and other requirements in the emission guidelines 
are achieved (as discussed at 67 FR 70647). We do withhold delegation 
of authorities that may have an effect on the stringency of a standard. 
The EPA permits delegation to a State or local agency of all the 
Administrator's authorities under 40 CFR part 60, except those that 
require rulemaking to implement, that affect the stringency of the 
standard, or where national oversight is the only way to ensure 
national consistency. In the CISWI source category, as well as the 
other categories cited by the commenter, authorities that could affect 
the stringency of the standard include approval of alternative emission 
standards and operating limits; alternatives to test methods; and 
alternatives to monitoring, recordkeeping, and reporting. For section 
111 rules, these authorities are specifically listed in the general 
provisions of 40 CFR part 60 as authorities not to be delegated. 
Because each source category is different, many individual sections of 
40 CFR part 60 specifically indicate that certain authorities may not 
be delegated. Thus, although we generally withhold delegation of these 
same authorities (such as approval of test methods, alternative 
emission standards) in the Federal plans, we customize the list for 
each source category to ensure that the stringency of the standard for 
that category is not jeopardized.
    In response to the commenter's specific concern about our proposed 
rule, we revised the rule to assure that the provisions concerning 
delegation of authority will be codified in the CFR. In addition to 
including the delegation of authority provisions in the regulation, we 
revised the delegation of authority language to more closely match the 
equivalent sections in the NSPS. By using parallel language within the 
CISWI source category, we expect the requirements of the CISWI Federal 
plan to be more clear to State compliance inspectors. In addition, 
using the same language promotes consistent application of requirements 
for new CISWI units affected by the NSPS and existing CISWI units 
affected by the Federal plan.

V. Summary of CISWI Federal Plan

A. What Emission Limitations Must I Meet?

    As the owner or operator of an existing CISWI unit, you will be 
required to meet the emission limitations specified in Table 4. See 
section V.E of this preamble for a discussion of the compliance 
schedule.

                             Table 4.--Emission Limitations for Existing CISWI Units
----------------------------------------------------------------------------------------------------------------
                                    You must meet these
       For these pollutants        emission limitations       And determine compliance using these methods b
                                             a
----------------------------------------------------------------------------------------------------------------
Cadmium..........................  0.004 mg/dscm.......  EPA Method 29.
Carbon Monoxide..................  157 ppm.............  EPA Methods 10, 10A, or 10B.
Dioxins/Furans, toxic equivalent   0.41 ng/dscm........  EPA Method 23.
 (TEQ) basis.
Hydrogen Chloride................  62 ppm by dry volume  EPA Method 29.
Lead.............................  0.04 mg.dscm........  EPA Method 29.
Mercury..........................  0.47 mg/dscm........  EPA Method 29.
Opacity..........................  10 percent..........  EPA Method 29.
Oxides of Nitrogen...............  388 ppm by dry        EPA Method 7, 7A, 7C, 7D, or 7E.
                                    volume.
Particulate Matter...............  70 mg/dscm..........  EPA Method 5 or 29.
Sulfur Dioxide...................  20 ppm by dry volume  EPA Method 6 or 6c.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions.
b These methods are in 40 CFR part 60, appendix A.

B. What Operating Limits Must I Meet?

    If you are using a wet scrubber to comply with the emission 
limitations, you must establish the maximum and minimum site-specific 
operating limits indicated in Table 5. You must operate the CISWI unit 
and wet scrubber so that the operating parameters do not deviate from 
the established operating limits.

[[Page 57529]]



                     Table 5.--Operating Limits or Existing CISWI Units Using Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                          You must establish these       And monitor continuously using these
     For these operating parameters           operating limits                     recording times
----------------------------------------------------------------------------------------------------------------
Charge rate............................  Maximum charge rate.......  Every hour.
Pressure drop across the wet scrubber,   Minimum pressure drop or    Every 15 minutes.
 or amperage to the wet scrubber.         amperage.
Scrubber liquor flow rate..............  Minimum flow rate.........  Every 15 minutes.
Scrubber liquor pH.....................  Minimum pH................  Every 15 minutes.
----------------------------------------------------------------------------------------------------------------
Note: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators,
  which is determined on a daily basis.

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

C. What Are the Requirements for Air Curtain Incinerators?

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

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

    The owner or operator of a CISWI unit subject to the CISWI Federal 
plan must conduct initial performance tests for cadmium, dioxins/
furans, hydrogen chloride, lead, mercury, opacity, particulate matter, 
and sulfur dioxide and establish operating limits (i.e., maximum or 
minimum values for operating parameters). The initial performance test 
must be conducted within 90 days after the date the facility is 
required to achieve final compliance.
    The owner or operator must conduct annual performance tests for 
particulate matter, hydrogen chloride, and opacity. (An owner or 
operator may conduct less frequent testing if the facility demonstrates 
that it is in compliance with the emission limitations for 3 
consecutive years.)
    To assure ongoing achievement of the Federal plan's provisions, an 
owner or operator using a wet scrubber to comply with the emission 
limitations will continuously monitor the following operating 
parameters: Charge rate, pressure drop across the wet scrubber (or 
amperage), and scrubber liquid flow rate and pH. If something other 
than a wet scrubber is used to comply with the emission limitations, 
the owner or operator must monitor other operating parameters, as 
approved by the Administrator.
    If the owner or operator is using a fabric filter to comply with 
the emission limitations, in addition to other operating limits as 
approved by the Administrator, the owner or operator must install and 
continuously operate a bag leak detection system. The owner or operator 
must keep records of periods when the alarm sounds and calculate 
whether these periods are more than 5 percent of the operating time for 
each 6-month period. The owner or operator must submit information 
documenting compliance with these requirements as part of an annual 
report; and report deviations semi-annually.
    In addition, the Federal plan requires CISWI unit owners and 
operators to maintain for five years records of the initial performance 
tests and all subsequent performance tests, operating parameters, any 
maintenance, and operator training and qualification. The owner or 
operator must submit the results of the initial performance tests and 
all subsequent performance tests and values for the operating 
parameters in annual reports.

E. What Is the Compliance Schedule?

    Each CISWI unit must either: (1) Reach final compliance by October 
4, 2004, or (2) meet increments of progress and reach final compliance 
by October 3, 2005. In addition, the owner or operator must comply with 
the operator training and qualification requirements and inspection 
requirements by October 4, 2004, regardless of when the CISWI unit 
reaches final compliance.
    Each owner or operator that takes more than 1 year to reach final 
compliance must submit a final control plan (increment 1) by April 5, 
2004 and reach final compliance (increment 2) by October 3, 2005. To 
ensure timely progress toward implementation, the Federal plan includes 
a requirement for owners or operators of CISWI units seeking to take an 
additional year to reach final compliance to submit a request to the 
Administrator that documents the need for an extension.
    To meet the increment 1 requirement, the owner or operator of each 
CISWI unit must submit a final control plan that includes five items: 
(1) A description of the air pollution control devices and/or process 
changes that will be employed so that each CISWI unit complies with the 
emission limits and other requirements, (2) a list of the types of 
waste burned, (3) the maximum design waste burning capacity, (4) the 
anticipated maximum charge rate, and, (5) if applicable, the petition 
for site-specific operating limits. A final control plan is not 
required for units that will be shut down, but those units must close 
by October 4, 2004 or must submit a closure agreement by April 5, 2004, 
close no later than October 3, 2005, and meet other requirements as 
described in section VI.A. of this preamble.
    To meet the second increment of progress, the owner or operator of 
each CISWI unit must incorporate all process changes or complete 
retrofit construction in accordance with the final control plan. The 
owner or operator must connect the air pollution control equipment or 
process changes such that when the CISWI unit is brought on line all 
necessary process changes or air pollution control equipment will 
operate as designed.

F. How Did EPA Determine the Compliance Schedule?

    The EPA determined the compliance schedule based on the 
requirements of 40 CFR part 60, subpart B and the feasibility of owners 
or operators to retrofit combustion units with air pollution control 
devices. CISWI units must comply within 1 year after publication of the 
final Federal plan or meet increments of progress. The

[[Page 57530]]

requirement to reach final compliance within one year is consistent 
with 40 CFR 60.24(c) of subpart B. Subpart B requires final compliance 
to be ``as expeditiously as practicable * * * '' and requires 
increments of progress if the compliance schedule is longer than one 
year.
    The EPA believes that many CISWI units can reach final compliance 
within 1 year after promulgation of the Federal plan based on their 
similarity to hospital medical and infectious waste incinerator (HMIWI) 
units. In addition, units could have used the time between the proposed 
rule and this promulgation of the final Federal plan to plan and begin 
retrofits.
    The compliance schedule for CISWI units is similar to the 
compliance schedule for HMIWI units. Most CISWI units are similar in 
size to HMIWI units. In addition, CISWI units require similar controls 
to meet the CISWI Federal plan emission limits as HMIWI units would 
need to meet the HMIWI Federal plan emission limits. To determine the 
compliance schedule for HMIWI units, the EPA conducted case studies of 
eight HMIWI units that completed retrofits of the types of controls 
needed to meet the HMIWI Federal plan (64 FR 36430, July 6, 1999). 
Based on these case studies (Docket No. A-98-24, II-A-1), the EPA found 
that many HMIWI units can meet the requirements of the HMIWI Federal 
plan within 1 year. Similarly, many CISWI units could meet a 1-year 
schedule.
    The EPA expects that some CISWI units could need more than 1 year 
to comply, as did some HMIWI units, due to site-specific circumstances. 
For units that cannot comply within 1 year, the Federal plan 
establishes increments of progress, as required by subpart B. The date 
for the first increment of progress, submittal of a final control plan, 
is April 5, 2004. The date for the second increment of progress, final 
compliance, is October 3, 2005. These increments are derived from the 
findings of the case studies performed to characterize the retrofit of 
control systems for HMIWI (Docket A-98-24, Item II-A-1). The size and 
design of CISWI are similar to the smaller HMIWI that were the subjects 
of the case studies. In particular, most units are small and controls 
will be ordered ``off-the-shelf'' as assembled packages. Thus, the EPA 
did not see a need for increments to address details of on-site 
construction and installation of control systems. Also, CISWI sites are 
not thought to have the problems with space and access that were 
concerns for HMIWI retrofits. In addition, CISWI units had the time 
between publication of the proposed rule and today's publication of the 
final rule to begin developing the final control plan and to initiate 
retrofit activities.
    The Federal plan does not include increments of progress for air 
curtain incinerators. Air curtain incinerators must comply with the 
requirements of the Federal plan one year after today's date. Delaying 
implementation for ACI would not be appropriate because there will be 
little or no need for the installation of control equipment on these 
units (primarily because control equipment is typically infeasible for 
ACI). Compliance with the opacity limits applicable to this class of 
units would primarily be achieved by good operation and maintenance 
practices. This approach is consistent with the requirement for 
completion of CISWI operator training by October 4, 2004.

VI. CISWI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

    If you plan to permanently close your currently operating CISWI 
unit, you must do one of the following: (a) close by October 4, 2004, 
or (b) submit a legally binding closure agreement, including the date 
of closure, to the Administrator by April 5, 2004. The closure 
agreement must specify the date by which operation will cease. The 
closure date cannot be later than the final compliance date of the 
CISWI Federal plan (October 3, 2005). If you close your CISWI unit 
after October 4, 2004, but before October 3, 2005, then you must comply 
with the operator training and qualification requirements by October 4, 
2004. In addition, while still in operation, your CISWI unit(s) is 
subject to the same requirement to apply for and obtain a title V 
operating permit that applies to a CISWI unit that will not be 
permanently closing.

B. Inoperable Units

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

C. CISWI Units That Have Shut Down

    CISWI units that are known to have already shut down (but are not 
known to be inoperable) must be included in the source inventory and 
identified in any State or Tribal plan submitted to the EPA.
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive CISWI unit plans to restart 
before the final compliance date, the owner or operator must submit a 
control plan for the CISWI unit and meet the applicable compliance 
schedule. Final compliance is required for all pollutants and all CISWI 
units no later than the final compliance date. (See section V.E for the 
discussion on compliance schedules and increments of progress.)
2. Restarting After the Final Compliance Date
    Under this Federal plan, a control plan would not be needed for 
inactive CISWI units that restart after the final compliance date. 
However, before restarting, operators of CISWI units would have to 
complete the operator training and qualification requirements and 
inspection requirements (if applicable) and complete retrofit or 
process modifications before restarting the unit. Performance testing 
to demonstrate compliance would be required within 90 days after 
restarting. There is no need to show that the increments of progress 
have been met since these steps would have occurred before restart 
while the CISWI unit was shut down and not generating emissions. A 
CISWI unit operating out of compliance after the final compliance date 
would be in violation of the Federal plan and subject to enforcement 
action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, the EPA is required to 
adopt emission guidelines that are applicable to existing solid waste 
incineration sources. These emission guidelines are not enforceable 
until the EPA approves a State or Tribal plan or adopts a Federal plan 
that implements and enforces them, and the State, Tribal, or Federal 
plan has become effective. As discussed above, the Federal plan 
regulates CISWI units in a State or Tribal area that does not have an 
EPA-approved plan in effect.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with State

[[Page 57531]]

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 would assume primary 
responsibility for ensuring that the emission limitations and other 
requirements in the emission guidelines would be achieved. Also, in 
section 111(d) of the CAA, Congress explicitly required the EPA to 
establish procedures similar to those under section 110(c) for State 
implementation plans. Although Congress required the 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 promulgation of the CISWI Federal plan. The EPA strongly 
encourages States that are unable to submit approvable plans to request 
delegation of the Federal plan so that they can have primary 
responsibility for implementing the emission guidelines, consistent 
with Congress' intent.
    Approved and effective State plans or delegation of the Federal 
plan is the EPA's preferred outcome since we believe that State 
agencies not only have the responsibility to carry out the emission 
guidelines, but also have the practical knowledge and enforcement 
resources critical to achieving the highest rate of compliance. For 
these reasons, the EPA will do all that it can to expedite delegation 
of the Federal plan to State agencies, whenever possible.
    The EPA also believes that Indian Tribes should be the primary 
parties responsible for regulating air quality within Indian Country, 
if they desire to do so. See the EPA's Indian Policy (``Policy for 
Administration of Environmental Programs on Indian Reservations,'' 
signed by William D. Ruckelshaus, Administrator of EPA, dated November 
4, 1984), reaffirmed in a 2001 memorandum (``EPA Indian Policy,'' 
signed by Christine Todd Whitman, Administrator of EPA, dated July 11, 
2001).

B. Delegation of the Federal Plan and Retained Authorities

    If a State or Indian Tribe intends to take delegation of the 
Federal plan, the State or Indian Tribe must submit to the appropriate 
EPA Regional Office a written request for delegation of authority. The 
State or Indian Tribe must explain how it meets the criteria for 
delegation. See generally ``Good Practices Manual for Delegation of 
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation, 
an Indian Tribe must also establish its eligibility to be treated in 
the same manner as a State (see section VII.E.1 of this preamble). The 
letter requesting delegation of authority to implement the Federal plan 
must demonstrate that the State or Tribe has adequate resources, as 
well as the legal and enforcement authority to administer and enforce 
the program. A memorandum of agreement between the State or Tribe and 
the EPA would set forth the terms and conditions of the delegation, the 
effective date of the agreement, and would also serve as the mechanism 
to transfer authority. Upon signature of the agreement, the appropriate 
EPA Regional Office would publish an approval notice in the Federal 
Register, thereby incorporating the delegation authority into the 
appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a State or Indian Tribe, the EPA 
will implement the Federal plan. Also, if a State or Tribe fails to 
properly implement a delegated portion of the Federal plan, the 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, the EPA will 
withhold and will not transfer to a State or Tribe authority to perform 
several specific actions. We typically do not delegate authority to 
devise alternative requirements that could change the stringency of the 
underlying standard, which are likely to be nationally significant, or 
which may require a national rulemaking and subsequent Federal Register 
notice. The following authorities may not be delegated to the State, 
Tribal or local agencies: Approval of alternative non-opacity emission 
standards, approval of alternative opacity standards, approval of major 
alternatives to test methods, approval of major alternatives to 
monitoring, and waiver of recordkeeping and reporting. For this Federal 
plan we are also maintaining the following authorities:

    (1) Alternative site-specific operating parameters established 
by facilities using CISWI controls other than a wet scrubber (Sec.  
62.14640 of subpart III),
    (2) Petitions to the Administrator under section 62.14530 to add 
a chemical recovery unit to section 62.14525(n) of subpart III, and
    (3) Alternative methods of demonstrating compliance.

    CISWI owners or operators who wish to establish alternative 
operating parameters or alternative methods of demonstrating compliance 
should submit a request to the Regional Office Administrator with a 
copy to the appropriate State or Tribe.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to State or Tribal agencies: (1) EPA approval of a State or Tribal plan 
after the Federal plan is in effect; and (2) if a State or Tribe does 
not submit or obtain approval of its own plan, EPA delegation to a 
State or Tribe of the authority to implement certain portions of this 
Federal plan to the extent appropriate and if allowed by State or 
Tribal law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State or 
Tribal Plan
    After CISWI units in a State or Tribal area become subject to the 
Federal plan, the State or Tribal agency may still adopt and submit a 
plan to the EPA. If the EPA determines that the State or Tribal plan is 
as protective as the emission guidelines, we will approve the State or 
Tribal plan. If the EPA determines that the plan is not as protective 
as the emission guidelines, we will disapprove the plan and the CISWI 
units covered in the State or Tribal plan will remain subject to the 
Federal plan until a State or Tribal plan covering those CISWI units is 
approved and effective.
    Upon the effective date of an approved State or Tribal plan, the 
Federal plan will no longer apply to CISWI 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 or Tribe Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to State or eligible 
Tribal agencies the authority to implement this Federal plan. As 
discussed above, we believe that it is advantageous and the best use of 
resources for State or Tribal agencies to agree to undertake, on the 
EPA's behalf, the administrative and substantive roles in implementing 
the Federal plan to the extent appropriate and where authorized by 
State or Tribal law. If a State requests delegation, we will generally 
delegate the entire Federal plan to the State agency. These functions 
include administration and oversight of compliance reporting and 
recordkeeping requirements, CISWI

[[Page 57532]]

inspections, and preparation of draft notices of violation.
    The EPA also believes that it is the best use of resources for 
Tribal agencies to undertake a role in the implementation of the 
Federal plan. The Tribal Authority Rule issued on February 12, 1998 (63 
FR 7254) provides Tribes the opportunity to develop and implement Clean 
Air Act programs. However, due to resource constraints and other 
factors unique to Tribal governments, it leaves to the discretion of 
the Tribe whether to develop these programs and which elements of the 
program they will adopt. Consistent with the approach of the Tribal 
Authority Rule, we may choose to delegate a partial Federal plan (i.e., 
to delegate authority for some functions needed to carry out the plan) 
in appropriate circumstances and where consistent with Tribal law.
    Both States and Tribal agencies, that have taken delegation, as 
well as the EPA, will have responsibility for bringing enforcement 
actions against sources violating Federal plan provisions. However, the 
EPA recognizes that Tribes have limited criminal enforcement authority, 
and will address in the delegation agreement with the Tribe how 
criminal enforcement issues are referred to the EPA.

D. Implementing Authority

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

E. CISWI Federal Plan and Indian Country

    The term ``Indian country,'' as used in this preamble, means (1) 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation; (2) all dependent Indian communities within the borders of 
the United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and (3) all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    The CISWI Federal plan will apply throughout Indian country to 
ensure that there is not a regulatory gap for existing CISWI units in 
Indian Country. However, eligible Indian Tribes now have the authority 
under the CAA to develop Tribal plans in the same manner that States 
develop State plans. On February 12, 1998, EPA promulgated regulations 
that outline provisions of the CAA for which it is appropriate to treat 
Tribes in the same manner as States. See 63 FR 7254 (Final Rule for 
Indian Tribes: Air Quality Planning and Management, (Tribal Authority 
Rule)) (codified at 40 CFR part 49). As of March 16, 1998, the 
effective date of the Tribal Authority Rule, the EPA has had authority 
under the CAA to approve Tribal programs such as Tribal plans to 
implement and enforce the CISWI emission guidelines.
1. Tribal Implementation
    Section 301(d) of the CAA authorizes the Administrator to treat an 
Indian tribe as a State under certain circumstances. The Tribal 
Authority Rule, which implements section 301(d) of the CAA, identifies 
provisions of the CAA for which it is appropriate to treat a Tribe as a 
State. (See 40 CFR 49.3 and 49.4.) Under the Tribal Authority Rule, a 
Tribe may be treated as a State for purposes of this Federal plan. If a 
Tribe meets the criteria below, the EPA can delegate to an Indian tribe 
authority to implement the Federal plan in the same way it can delegate 
authority to a State:
    (1) The applicant is an Indian tribe recognized by the Secretary of 
the Interior;
    (2) The Indian tribe has a governing body carrying out substantial 
governmental duties and functions;
    (3) The functions to be exercised by the Indian tribe pertain to 
the management and protection of air resources within the exterior 
boundaries of the reservation or other areas within the tribe's 
jurisdiction; and
    (4) The Indian tribe is reasonably expected to be capable, in the 
EPA Regional Administrator's judgment, of carrying out the functions to 
be exercised in a manner consistent with the terms and purposes of the 
CAA and all applicable regulations. (See 40 CFR 49.6.)
2. EPA Implementation
    The CAA also provides the EPA with the authority to administer 
Federal programs in Indian Country. This authority is based in part on 
the general purpose of the CAA, which is national in scope. Section 
301(a) of the CAA provides the EPA broad authority to issue regulations 
that are necessary to carry out the functions of the CAA. Congress 
intended for the EPA to have the authority to operate a Federal program 
when Tribes choose not to develop a program, do not adopt an approvable 
program, or fail to adequately implement an air program authorized 
under section 301(d) of the CAA.
    Section 301(d)(4) of the CAA authorizes the Administrator to 
directly administer provisions of the CAA to achieve the appropriate 
purpose where Tribal implementation is not appropriate or 
administratively not feasible. The EPA's interpretation of its 
authority to directly implement CAA programs in Indian country is 
discussed in more detail in the Tribal Authority Rule. See 63 FR 7262-
7263. As mentioned previously, Tribes may, but are not required to, 
submit a CISWI plan under section 111(d) of the CAA.
3. Applicability in Indian Country
    The Federal plan applies throughout Indian Country except where an 
EPA-approved plan already covers an area of Indian country. This 
approach is consistent with the EPA's implementation of the Federal 
Operating Permits program in Indian Country (see 64 FR 8247 (February 
19, 1999)).

VIII. Title V Operating Permits

    Except for the sources specified in section 62.14830 of the Federal 
plan, sources subject to this CISWI Federal plan must obtain title V 
operating permits. These title V operating permits must assure 
compliance with all applicable requirements for these sources, 
including all applicable requirements of this Federal plan. See 40 CFR 
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
    Owners or operators of section 129 sources (including CISWI units) 
subject to standards or regulations under sections 111 and 129 must 
operate pursuant to a title V permit not later than 36 months after 
promulgation of emission guidelines under sections 111 and 129 or by 
the effective date of the State, Tribal, or Federal title V operating 
permits program that covers the area in which the unit is located, 
whichever is later. The EPA has interpreted section 129(e) to be 
consistent with section 503(d) of the CAA and 40 CFR 70.7(b) and 
71.7(b). (See, e.g., the final Federal Plan for Hospital/Medical/
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49878)). 
Section 503(d) of the CAA and 40 CFR 70.7(b) and 71.7(b) allow a source 
to operate without being in violation of title V once the source has 
submitted a timely and complete

[[Page 57533]]

permit application, even if the source has not yet received a final 
title V operating permit from the permitting authority.\2\ As a result, 
the EPA interprets the dates in section 129(e) to be the dates by which 
complete title V applications need to be submitted. In the absence of 
such an interpretation, a section 129 source may be required to prepare 
and submit a complete title V application and the permitting authority 
would have to issue a permit to this source in a very short period of 
time.\3\
---------------------------------------------------------------------------

    \2\ A title V application should be submitted early enough for 
the permitting authority to find the application either complete or 
incomplete before the title V application deadline. In the event the 
application is found incomplete by the permitting authority, the 
source must submit the information needed to make the application 
complete by the application deadline in order to obtain the 
application shield. See 40 CFR 62.14835(b) and 40 CFR 70.5(a)(2) and 
71.5(a)(2).
    \3\ For example, in the absence of such an interpretation, if a 
final Federal plan were to become effective more than 24 months 
after the promulgation of emission guidelines promulgated under 
sections 111 and 129, a source, if subject to the Federal plan, 
would have less than 12 months to prepare and submit a complete 
title V permit application and to have the permit issued. The EPA's 
interpretation allows section 129(e) to be read consistently with 
section 503(d) of the CAA and 40 CFR 70.7(b) and 71.7(b). The EPA's 
interpretation is also consistent with section 503(c) of the CAA 
which requires sources to submit title V applications not later than 
12 months after becoming subject to a title V permits program. 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 the EPA's interpretation, existing CISWI units must 
submit complete title V applications by the later of the following 
dates: Not later than 36 months after the promulgation of 40 CFR part 
60, subpart DDDD or by the effective date of the State, Tribal, or 
Federal title V operating permits program that covers the area in which 
the unit is located. As of today's action, all areas of the country are 
covered by effective title V programs. As a result, the relevant 
section 129(e) date for existing CISWI units is 36 months following 
promulgation of 40 CFR part 60, subpart DDDD, i.e., December 1, 2003. 
Therefore, December 1, 2003, is the latest possible date by which 
complete applications for existing CISWI units can be submitted and 
still be considered timely. This date applies regardless of when the 
CISWI Federal plan becomes effective or when an EPA approved section 
111(d)/129 plan for existing CISWI units becomes effective. If, 
however, an earlier application deadline applies to an existing CISWI 
unit, then this deadline must be met in order for the unit to be in 
compliance with section 502(a) of the CAA. To determine when an 
application is due for an existing CISWI unit, section 129(e) of the 
CAA must be read in conjunction with section 503(c) of the CAA.
    As stated in section 503(c), a source has up to 12 months to apply 
for a title V permit once it becomes subject to a title V permitting 
program.\4\ For example, if an existing CISWI unit becomes subject to a 
title V permitting program for the first time on the effective date of 
this Federal plan, then the source must apply for a title V permit 
within 12 months of the effective date of this Federal plan in order to 
operate after this date in compliance with Federal law.
---------------------------------------------------------------------------

    \4\ If a source is subject to title V for more than one reason, 
the 12-month time frame for submitting a title V application is 
triggered by the requirement which first causes the source to become 
subject to title V. As provided in section 503(c) of the CAA, 
permitting authorities may establish permit application deadlines 
earlier than the 12-month deadline.
---------------------------------------------------------------------------

    An application deadline earlier than either of the two dates noted 
above, i.e., December 1, 2003, or not later than 12 months after the 
effective date of this Federal plan, may apply to an existing CISWI 
unit if it is subject to title V for more than one reason. For example, 
an existing CISWI unit may already be subject to title V as a result of 
being a major source under one or more of three major source 
definitions in title V--section 112, section 302, or part D of title I 
of the CAA. See 40 CFR 70.3(a)(1) and 71.3(a)(1) (subjecting major 
sources to title V permitting) and 40 CFR 70.2 and 71.2 (defining major 
source for purposes of title V). See also 40 CFR 70.3(a) and (b) and 
71.3(a) and (b) for a list of the applicability criteria which trigger 
the requirement to apply for a title V permit.
    If an owner or operator is already subject to title V by virtue of 
some requirement other than this Federal plan and has submitted a 
timely and complete permit application, but the draft title V permit 
has not yet been released by the permitting authority, then the owner 
or operator must supplement 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 CISWI unit is a major source or is 
part of a major source, is subject to this Federal plan, and is already 
covered by a title V permit with a remaining permit term of three or 
more years on the effective date of this Federal plan, then the owner 
or operator will receive from his permitting authority a notice of 
intent to reopen his source's title V permit to include the 
requirements of this Federal plan. Reopenings required for such CISWI 
units must be completed not later than 18 months after the effective 
date of this Federal plan in accordance with the procedures established 
in 40 CFR 70.7(f)(1)(i) or 71.7(f)(1)(i). If an existing CISWI unit 
subject to this Federal plan does not meet the above criteria, e.g., 
the unit is part of a nonmajor source or is covered by a permit which 
has a remaining term of less than 3 years on the effective date of this 
Federal plan, then the permitting authority does not need to reopen the 
source's permit, as a matter of Federal law, to include the 
requirements of this Federal plan.\5\ However, the owner or operator of 
a source subject to a section 111/129 Federal plan remains subject to, 
and must act in compliance with, section 111/129 requirements and all 
other applicable requirements to which the source is subject regardless 
of whether these requirements are included in a title V permit. See 40 
CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
---------------------------------------------------------------------------

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

    The EPA has recently become aware that there has been some 
confusion regarding the title V obligations of section 129 sources that 
are subject to standards or regulations under sections 111 and 129. We 
are therefore including Table 6 to help clarify when CISWI units (even 
those not subject to this Federal plan) must apply for a title V 
permit. While Table 6 provides specific information relative to CISWI 
units, the same title V obligations apply to all section 129 sources 
subject to standards or regulations under sections 111 and 129. Of 
course, specific deadlines will vary for other section 129 sources 
depending on when the relevant NSPS is promulgated, when the relevant 
State or Tribal section 111(d)/129 plan is approved by the EPA and 
becomes effective, etc. Lastly, Table 6 takes into account that as of 
the promulgation date, i.e., December 1, 2000, for the NSPS (subpart 
CCCC of part 60) and emission guidelines (subpart DDDD of part 60) for 
CISWI units, every area of the country was covered by a title V permits 
program under 40 CFR part 70 or part 71. This point is relevant because 
a section 111/129 standard cannot trigger the requirement for a source 
to apply for a title V permit unless a title V permits program is in

[[Page 57534]]

effect in the area in which the source is located.
---------------------------------------------------------------------------

    \6\ A title V application from a major source must address all 
emissions units at the title V source, not just the section 129 
emissions unit. See 40 CFR 70.3(c)(1) and 71.3(c)(1). (For 
information on aggregating emissions units to determine what is a 
source under title V, see the definition of major source in 40 CFR 
70.2, 71.2, and 63.2.)
    \7\ Consistent with 40 CFR 70.3(c)(2) and 71.3(c)(2), a permit 
application from a nonmajor title V source is only required to 
address the emissions units which caused the source to be subject to 
title V. The applicability criteria which determine 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, section 111 or 112 requirements, 
etc. See footnote 2 in Change to Definition of Major Source 
rule, November 27, 2001 (66 FR 59161, 59163).
    \8\ If a CISWI unit becomes subject to an approved and effective 
State or Tribal section 111(d)/129 plan after being subject to an 
effective Federal plan, the CISWI unit is still required to file a 
complete title V application consistent with the application 
deadlines for units subject to the CISWI Federal plan.

                 Table 6.--Deadlines for Title V Sources
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                 Submitting Title V Permit Applications
------------------------------------------------------------------------
If a CISWI unit is a major source or is  Then a complete title V
 part of a major source, and had          application which covers the
 commenced operation as of the            entire source \6\ is due not
 effective date of the relevant title V   later than 12 months (or
 permits program.                         earlier if required by the
                                          title V permitting authority)
                                          after the effective date of
                                          the relevant title V permits
                                          source, and had program. See
                                          CAA section 503(c) and 40 CFR
                                          70.4(b)(11)(i), 71.4(i)(1),
                                          70.5(a)(1)(i) and
                                          71.5(a)(1)(i).
----------------------------------------
If a CISWI unit is a major source or is  Then a complete title V
 part of a major source but did not       application which covers the
 commence operation until after the       entire source is due not later
 relevant title V premits 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 CISWI unit is a nonmajor source or  Then a complete title V
 is part of a nonmajor source, is         application \7\ is due not
 subject to the CISWI NSPS (subpart       later than 12 months after
 CCCC of 40 CFR part 60), and had         subpart CCCC was promulgated,
 commenced operation as of December 1,    i.e., December 1, 2001 (or
 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 CISWI unit is a nonmajor source or  Then a complete title V
 is part of a nonmajor source, is         application is due not later
 subject to the CISWI NSPS (subpart       than 12 months (or earlier if
 CCCC of 40 CFR part 60), but did not     required by the title V
 commence operation until after           permitting authority) after
 December 1, 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 CISWI unit is a nonmajor source or  Then a complete title V
 is part of a nonmajor source, and is     application is due not later
 subject to an EPA approved and           than 12 months (or earlier if
 effective State or Tribal section        required by the title V
 111(d)/129 plan.                         permitting authority) after
                                          the effective date of the EPA
                                          approved State or Tribal
                                          section 111(d)/129 plan.\8\
                                          See CAA section 503(c) and 40
                                          CFR 70.5(a)(1)(i) and
                                          71.5(a)(1)(i). In no event,
                                          however, can such an existing
                                          CISWI unit submit a complete
                                          title V application after
                                          December 1, 2003, and have it
                                          be considered timely. See CAA
                                          section 129(e) and 40 CFR
                                          62.14835 of subpart III.
If a CISWI unit is a nonmajor source or  Then a complete title V
 is part of a nonmajor source, and is     application is due not later
 subject to the CISWI Federal plan        than 12 months (or earlier if
 (subpart III of 40 CFR part 62).         required by the title V
                                          permitting authority) after
                                          the effective date of 40 CFR
                                          part 62, subpart III. See CAA
                                          section 503(c) and 40 CFR
                                          70.5(a)(1)(i) and
                                          71.5(a)(1)(i). In no event,
                                          however, can such an existing
                                          CISWI unit submit a complete
                                          title V application after
                                          December 1, 2003 and have it
                                          be considered timely. See CAA
                                          section 129(e) and 40 CFR
                                          62.14835 of subpart III.
If a CISWI unit is required to obtain a
 title V permit due to triggering more
 than one of the applicability criteria
 listed above or in 40 CFR 70.3(a) or
 71.3(a).
 
Then a complete title V application is
 due not later than 12 months (or
 earlier if required by the title V
 permitting authority) after the unit
 triggers the criterion which first
 causes the unit to be subject to title
 V. See CAA section 503(c) and 40 CFR
 70.3(a) and (b), 70.5(a)(1), 71.3(a)
 and (b) and 71.5(a)(1). In no event,
 however, can an existing CISWI unit
 submit a complete title V application
 after December 1, 2003 and have it be
 considered timely. See CAA section
 129(e) and 40 CFR 62.14835 of subpart
 III..
----------------------------------------
                        Reopening Title V Permits
------------------------------------------------------------------------
If a CISWI unit is a major source or is  Then the title V permitting
 part of a major source, is subject to    authority must complete a
 the CISWI NSPS (subpart CCCC of 40 CFR   reopening of the source's
 part 60), and is covered by a title V    title V permit to incorporate
 permit with a remaining permit term of   the requirements of 40 CFR
 3 or more years on December 1, 2000.     part 60, subpart CCCC not
                                          later than June 1, 2002. See
                                          CAA section 502(b)(9); 40 CFR
                                          70.7(f)(1)(i) and
                                          71.7(f)(1)(i).
If a CISWI unit is a major source or is  Then the title V permitting
 part of a major source, is subject to    authority must complete a
 an EPA approved and effective State or   reopening of the source's
 Tribal section 111(d)/129 plan for       title V permit to incorporate
 CISWI units, and is covered by a title   the requirements of this EPA
 V permit with a remaining permit term    approved and effective section
 of 3 or more years on the effective      111(d)/129 plan not later than
 date of the EPA approved section         18 months after the effective
 111(d)/129 plan.                         date of this plan. See CAA
                                          section 502(b)(9); 40 CFR
                                          70.7(f)(1)(i) and
                                          71.7(f)(1)(i).

[[Page 57535]]

 
If a CISWI unit is a major source or is  Then the title V permitting
 part of a major source, is subject to    authority must complete a
 the CISWI Federal plan (subpart III of   reopening of the source's
 40 CFR part 62), and is covered by a     title V permit to incorporate
 title V permit with a remaining permit   the requirements of subpart
 term of 3 or more years on the           III of 40 CFR part 62 not
 effective date of this Federal plan.     later than 18 months after the
                                          effective date of the CISWI
                                          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 CISWI unit is subject to the CISWI  Then the owner or operator must
 NSPS (subpart CCCC of 40 CFR part 60),   supplement the title V
 but first became subject to title V      application by including the
 permitting prior to the promulgation     applicable requirements of 40
 of the NSPS, and the owner or operator   CFR part 60, subpart CCCC in
 of the unit has submitted a timely and   accordance with 40 CFR 70.5(b)
 complete title V permit application,     or 71.5(b).
 but the draft title V permit has not
 yet been released by the permitting
 authority.
If a CISWI unit is subject to an EPA     Then the owner or operator must
 approved and effective State or Tribal   supplement the title V
 section 111(d)/129 plan for CISWI        application by including the
 units, but first became subject to       applicable requirements of the
 title V permitting prior to the          approved and effective section
 effective date of the section 111(d)/    111(d)/129 plan in accordance
 129 plan, and the owner or operator of   with 40 CFR 70.5(b) or
 the unit has submitted a timely and      71.5(b).
 complete title V permit application,
 but the draft title V permit has not
 yet been released by the permitting
 authority.
If a CISWI unit is subject to the CISWI  Then the owner or operator must
 Federal plan (subpart III of 40 CFR      supplement the title V
 part 62), but first became subject to    application by including the
 title V permitting prior to the          applicable requirements of 40
 effective date of this Federal plan,     CFR part 62, subpart III in
 and the owner or operator of the unit    accordance with 40 CFR 70.5(b)
 has submitted a timely and complete      or 71.5(b).
 title V permit application, but the
 draft title V permit has not yet been
 released by the permitting authority.
------------------------------------------------------------------------

Title V and Delegation of a Federal Plan

    For the sake of brevity, the discussion from the proposed Federal 
plan regarding title V and delegation of a Federal plan is not being 
repeated. See ``Title V and Delegation of a Federal Plan'' section of 
the proposed Federal plan for CISWI, November 25, 2002 (67 FR 70640, 
70652). Nevertheless, the preamble language from this section in the 
proposed rule is hereby reaffirmed in this final rule.

IX. Statutory and Executive Order Reviews

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

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 OMB review and the requirements of the Executive 
Order. The order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The EPA considered the 2000 emission guidelines to be significant 
and the rules were reviewed by OMB in 2000. See 65 FR 75338, December 
1, 2000. The Federal plan promulgated today would simply implement the 
2000 emission guidelines and does not result in any additional control 
requirements or impose any additional costs above those previously 
considered during promulgation of the 2000 emission guidelines. 
Therefore, this regulatory action is considered ``not significant'' 
under Executive Order 12866.

B. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0451. (ICR 1927.02)
    This ICR reflects the burden estimate for the emission guidelines 
which were promulgated in the Federal Register on December 1, 2000. The 
burden estimate includes the burden associated with State or Tribal 
plans as well as the burden associated with the Federal plan. 
Consequently, the burden estimates described below overstate the 
information collection burden associated with the Federal plan. 
However, upon approval by the EPA, a State or Tribal plan becomes 
federally enforceable. Therefore, it is important to estimate the full 
burden associated with the State or Tribal plans and the Federal plan. 
As State or Tribal plans are approved, the Federal plan burden will 
decrease, but the overall burden of the State or Tribal plans and the 
Federal plan will remain the same.
    The Federal plan contains monitoring, reporting, and recordkeeping 
requirements. The information will be used to ensure that the Federal 
plan requirements are met on a continuous basis. Records and reports 
will be necessary to enable us to identify waste incineration units 
that may not be in compliance with the Federal plan requirements. Based 
on reported information, the EPA would decide

[[Page 57536]]

which units and what records or processes should be inspected. The 
records that owners and operators of existing CISWI units maintain will 
indicate to us whether personnel are operating and maintaining control 
equipment property.
    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to the EPA for which a claim of confidentiality is made will 
be safeguarded according to EPA policies in 40 CFR part 2, subpart B, 
Confidentiality of Business Information.
    The estimated average annual burden for the first 3 years after 
promulgation of the emission guidelines for industry and the 
implementing agency is outlined below.

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

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

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

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
today's rule on small entities, small entity is defined as: (1) A small 
business that has less than 500 employees; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field. The 
SBA guidelines define a small business based on number of employees or 
annual revenues and the size standards vary from industry to industry. 
Generally, businesses covered by the North American Industrial 
Classification System (NAICS) codes affected by this rule are 
considered small if they have less than 500 employees or less than $5 
million in annual sales.
    During the 2000 CISWI emission guidelines rulemaking, the EPA 
determined that based on the low number of affected small entities in 
each individual market, the alternative method of waste disposal 
available, and the relatively low control cost, the CISWI emission 
guidelines should not generate a significant small business impact on a 
substantial number of small entities in the commercial and industrial 
sectors. The EPA determined that it was not necessary to prepare a 
regulatory flexibility analysis in connection with the final emission 
guidelines. The EPA has also determined that the final emission 
guidelines would not have a significant economic impact on a 
substantial number of small entities (65 FR 75348). This Federal plan 
does not establish any new requirements. Therefore, pursuant to the 
provisions of 5 U.S.C. 605(b), the EPA has determined that this Federal 
plan will not have a significant impact on a substantial number of 
small entities, and thus a regulatory flexibility analysis is not 
required.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any 1 year.
    Before promulgating a rule for which a written statement is needed, 
section 205 of the UMRA generally requires us to identify and consider 
a reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows us to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted.
    Before establishing any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, the EPA must develop under section 203 of the UMRA a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, thereby enabling officials of affected 
small governments to have meaningful and timely input in the 
development of the regulatory proposal with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100

[[Page 57537]]

million of more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. The environmental 
impact analysis for the emission guidelines estimates the total 
national annualized cost impact of this regulatory action at $11.6 
million per year (Docket A-94-63). This Federal plan will apply to only 
a subset of the units considered in the environmental impacts analysis 
for the emission guidelines. Thus, this rule is not subject to the 
requirements of sections 202 and 205 of the UMRA. Additionally, the EPA 
has determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments, because 
commercial and industrial units are not likely to be owned by small 
governments.

E. Executive Order 13132: Federalism

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

F. 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 the EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' ``Policies that 
have tribal implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian Tribes, on the relationship between the Federal Government and 
the Indian Tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian Tribes.''
    This Federal plan does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified in Executive Order 13175.
    The EPA knows of no CISWI units presently owned by Indian tribal 
governments. However, if any exist now or in the future, the rule would 
not have tribal implications on these tribal governments as defined by 
the Executive Order. This Federal plan simply implements the emission 
guidelines. It does not result in any additional control requirements 
nor imposes any additional costs above those previously considered 
during promulgation of the emission guidelines. Thus, the requirements 
of Executive Order 13175 do not apply.

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

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

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule 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

[[Page 57538]]

not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272) directs the 
EPA to use voluntary consensus standards in regulatory and procurement 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, business practices) developed or adopted by one or more 
voluntary consensus bodies. The NTTAA directs the 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 Federal plan involves technical standards. The EPA includes in 
this plan EPA Methods 1, 3A, 3B, 5, 6, 6C, 7, 7A, 7C, 7D, 7E, 9, 10, 
10A, 10B, 23, 26A, and 29. Consistent with the NTTAA, the EPA conducted 
searches to identify voluntary consensus standards in addition to these 
EPA methods. No applicable voluntary consensus standards were 
identified for EPA Methods 7A, 7D, 9, and 10B. The search and review 
results have been documented and are placed in the Docket No. A-2000-52 
for this Federal plan.
    This search for emission measurement procedures identified 24 
voluntary consensus standards. The EPA determined that 20 of these 24 
standards were impractical alternatives to EPA test methods for the 
purposes of this Federal plan. Therefore, the EPA is not adopting these 
standards today. The reasons for this determination for the 20 methods 
are discussed below.
    The standard, ASTM D3162 (1994) ``Standard Test Method for Carbon 
Monoxide in the Atmosphere (Continuous Measurement by Nondispersive 
Infrared Spectrometry),'' is impractical as an alternative to EPA 
Method 10 in the Federal plan because this ASTM standard, which is 
stated to be applicable in the range of 0.5-100 ppm CO, does not cover 
the potential range in the plan (up to 157 ppm). Whereas EPA Method 10 
has a range from 20-1000 ppm CO. Also, ASTM D3162 does not provide a 
procedure to remove carbon dioxide interference. Therefore, this ASTM 
standard is not appropriate for combustion source conditions. In terms 
of NDIR instrument performance specifications, ASTM D3162 has much 
higher maximum allowable rise and fall times (5 minutes) than EPA 
Method 10 (which has 30 second). However, it should be noted that ASTM 
D3162 has more quality control requirements than EPA Method 10 in terms 
of instrument calibration procedures, span gas cylinder validation 
procedures, and operational checks.
    The standard ASTM E1979-98 (1998), ``Standard Practice for 
Ultrasonic Extraction of Paint, Dust, Soil, and Air Samples for 
Subsequent Determination of Lead,'' is impractical as an alternative to 
EPA Method 29 in this Federal plan. This ASTM standard does not require 
the use of hydrogen fluoride (HF) as in EPA Method 29 and, therefore, 
it cannot be used for the preparation, digestion, and analysis of 
Method 29 samples. Additionally, Method 29 requires the use of a glass 
fiber filter, whereas this ASTM standard requires cellulose filters and 
other probable nonglass fiber media, which cannot be considered 
equivalent to EPA Method 29.
    The European standard EN 1911-1,2,3 (1998), ``Stationary Source 
Emissions-Manual Method of Determination of HCl--Part 1: Sampling of 
Gases Ratified European Text--Part 2: Gaseous Compounds Absorption 
Ratified European Text--Part 3: Adsorption Solutions Analysis and 
Calculation Ratified European Text,'' is impractical as an alternative 
to EPA Method 26A. Part 3 of this standard cannot be considered 
equivalent to EPA Method 26A because the sample absorbing solution 
(water) would be expected to capture both HCl and chlorine gas, if 
present, without the ability to distinguish between the two. The EPA 
Method 26A uses an acidified absorbing solution to first separate HCl 
and chlorine gas so that they can be selectively absorbed, analyzed, 
and reported separately. In addition, in EN 1911 the absorption 
efficiency for chlorine gas would be expected to vary as the pH of the 
water changed during sampling.
    The following ten methods are impractical alternatives to EPA test 
methods for the purposes of this plan because they are too general, too 
broad, or not sufficiently detailed to assure compliance with EPA 
regulatory requirements: ASTM D3154-91 (1995), ``Standard Method for 
Average Velocity in a Duct (Pitot Tube Method),'' for EPA Methods 1 and 
3B; ASTM D5835-95, ``Standard Practice for Sampling Stationary Source 
Emissions, for Automated Determination of Gas Concentration,'' for EPA 
Method 3A; ISO 10396:1993, ``Stationary Source Emissions: Sampling for 
the Automated Determination of Gas Concentrations,'' for EPA Method 3A; 
CAN/CSA Z223.2-M86(1986), ``Method for the Continuous Measurement of 
Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of 
Nitrogen in Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A; 
ASME C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas 
Analyses,'' for EPA Methods 6 and 7; ASTM D1608-98, ``Test Method for 
Oxides of Nitrogen in Gaseous Combustion Products (Pheno-Disulfonic 
Acid Procedures),'' for EPA Method 7; ISO 7934:1998, ``Stationary 
Source Emissions--Determination of the Mass Concentration of Sulfur 
Dioxide--Hydrogen Peroxide/Barium Perchlorate/Thorin Method,'' for EPA 
Method 6; ISO 11564:1998, ``Stationary Source Emissions--Determination 
of the Mass Concentration of Nitrogen Oxides--NEDA 
(naphthylethylenediamine)/Photometric Method,'' for EPA Methods 7 and 
7C; CAN/CSA Z223.21-M1978, ``Method for the Measurement of Carbon 
Monoxide: 3--Method of Analysis by Non-Dispersive Infrared 
Spectrometry,'' for EPA Methods 10 and 10A; and European Committee for 
Standardization (CEN) EN 1948-3 (1997), ``Determination of the Mass 
Concentration of PCDD'S/PCDF'S--Part 3: Identification and 
Quantification,'' for EPA Method 23.
    The following seven methods are impractical alternatives to EPA 
test methods for the purposes of this Federal plan because they lacked 
sufficient quality assurance and quality control requirements necessary 
for EPA compliance assurance requirements: ASME PTC-38-80 R85 or 
C00049, ``Determination of the Concentration of Particulate Matter in 
Gas Streams,'' for EPA Method 5; ASTM D3685/D3685M-98, ``Test Methods 
for Sampling and Determination of Particulate Matter in Stack Gases,'' 
for EPA Method 5; ISO 9096:1992, ``Determination of Concentration and 
Mass Flow Rate of Particulate Matter in Gas Carrying Ducts--Manual 
Gravimetric Method,'' for EPA Method 5; CAN/CSA Z223.1-M1977, ``Method 
for the Determination of Particulate Mass Flows in Enclosed Gas 
Streams,'' for EPA Method 5; ISO 11632:1998, ``Stationary Source 
Emissions--Determination of the Mass Concentration of Sulfur Dioxide--
Ion Chromatography,'' for EPA Method 6; CAN/CSA Z223.24-M1983, ``Method 
for the Measurement of Nitric Oxide and Nitrogen Dioxide in Air,'' for 
EPA Method 7; and CAN/CSA Z223.26-M1987, ``Measurement of Total Mercury 
in Air Cold Vapour Atomic Absorption

[[Page 57539]]

Spectrophotometeric Method,'' for EPA Method 29.
    The following four of the 24 voluntary consensus standards 
identified in this search were not available at the time the review was 
conducted for the purposes of this Federal plan because they are under 
development by a voluntary consensus body: ISO/DIS 12039, ``Stationary 
Source Emissions--Determination of Carbon Monoxide, Carbon Dioxide, and 
Oxygen--Automated Methods,'' for EPA Method 3A; ASTM Z6449Z, ``Standard 
Method for the Determination of Sulfur Dioxide in Stationary Sources,'' 
for EPA Method 6; ASTM Z6590Z, ``Manual Method for Both Speciated and 
Elemental Mercury,'' for EPA Method 29 (portion for mercury only); prEN 
13211 (1998), ``Air Quality--Stationary Source Emissions--Determination 
of the Concentration of Total Mercury,'' for EPA Method 29 (portion for 
mercury only).
    Table 1 of Subpart III lists the EPA testing methods included in 
the Federal plan emission requirements for commercial and industrial 
solid waste incinerators. Under 40 CFR 63.8(f) of Subpart A of the 
General Provisions, a source may apply to the EPA for permission to use 
alternative monitoring in place of any of the EPA testing methods.

J. 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 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).

List of Subjects in 40 CFR Part 62

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

    Dated: September 12, 2003.
Marianne Lamont Horinko,
Acting Administrator.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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


0
2. Amend Sec.  62.13 by adding paragraph (d) to read as follows:


Sec.  62.13  Federal plans.

* * * * *
    (d) The substantive requirements of the commercial and industrial 
solid waste incineration units Federal plan are contained in subpart 
III of this part. These requirements include emission limits, 
compliance schedules, testing, monitoring, and reporting and 
recordkeeping requirements.

0
3. Amend part 62 by adding subpart III to read as follows:

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

Introduction

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

Applicability

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

Compliance Schedule and Increments of Progress

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

Waste Management Plan

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

Operator Training and Qualification

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

Emission Limitations and Operating Limits

62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14640 What if I do not use a wet scrubber to comply with the 
emission limitations?
62.14645 What happens during periods of startup, shutdown, and 
malfunction?

Performance Testing

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

Initial Compliance Requirements

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

Continuous Compliance Requirements

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

Monitoring

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

[[Page 57540]]

Recordkeeping and Reporting

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

Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean 
Lumber and/or Yard Waste

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

Title V Requirements

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

Delegation of Authority

62.13838 What authorities are withheld by the EPA Administrator?

Definitions

62.14840 What definitions must I know?

Tables

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

Introduction


Sec.  62.14500  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from commercial and industrial 
solid waste incineration (CISWI) units that are not covered by an EPA 
approved and currently effective State or Tribal plan. The pollutants 
addressed by these emission requirements are listed in Table 1 of this 
subpart. These emission requirements are developed in accordance with 
sections 111 and 129 of the Clean Air Act and subpart B of 40 CFR part 
60.
    (b) In this subpart, ``you'' means the owner or operator of a CISWI 
unit.


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

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

Applicability


Sec.  62.14510  Am I subject to this subpart?

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


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

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


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

    This part (40 CFR part 62) contains a list of State and Tribal 
areas with approved Clean Air Act section 111(d) and section 129 plans 
along with the effective dates for such plans. The list is published 
annually. If this part does not indicate that your State or Tribal area 
has an approved and effective plan, you should contact your State 
environmental agency's air director or your EPA Regional Office to 
determine if the EPA has approved a State plan covering your unit since 
publication of the most recent version of this subpart.


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

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

[[Page 57541]]

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

    This subpart exempts 15 types of units described in paragraphs (a) 
through (o) of this section from complying with the requirements of 
this subpart except for the requirements specified in this section and 
in Sec.  62.14531.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste as defined in Sec.  62.14840 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (b) Agricultural waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
agricultural wastes as defined in Sec.  62.14840 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.
    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraphs (c)(1) or (2) of 
this section.
    (1) Units that are regulated under subpart Ea of 40 CFR part 60 
(Standards of Performance for Municipal Waste Combustors); subpart Eb 
of 40 CFR part 60 (Standards of Performance for Municipal Waste 
Combustors for Which Construction is Commenced After September 20, 
1994); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance 
Times for Large Municipal Waste Combustors Constructed on or Before 
September 20, 1994); subpart AAAA of 40 CFR part 60 (Standards of 
Performance for New Stationary Sources: Small Municipal Waste 
Combustion Units); subpart BBBB of 40 CFR part 60 (Emission Guidelines 
for Existing Stationary Sources: Small Municipal Waste Combustion 
Units); or subpart JJJ of 40 CFR part 62 (Federal Plan Requirements for 
Small Municipal Waste Combustion Units Constructed on or Before August 
30, 1999).
    (2) Units that burn greater than 30 percent municipal solid waste 
or refuse-derived fuel, as defined in 40 CFR part 60 subpart Ea, 
subpart Eb, subpart AAAA, and subpart BBBB, and that have the capacity 
to burn less than 35 tons (32 megagrams) per day of municipal solid 
waste or refuse-derived fuel, if you meet the two requirements in 
paragraphs (c)(2)(i) and (ii) of this section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of 40 CFR part 60 (Standards of Performance for 
Hospital/Medical/Infectious Waste Incinerators for Which Construction 
is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan 
Requirements for Hospital/Medical/Infectious Waste Incinerators 
Constructed on or before June 20, 1996).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (3) of this 
section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units regulated under subpart 
EEE of part 63 (National Emission Standards for Hazardous Air 
Pollutants from Hazardous Waste Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
100 percent wood waste; 100 percent clean lumber; or a 100 percent 
mixture of only wood waste, clean lumber, and/or yard waste; are 
required to meet only the requirements under ``Air Curtain Incinerators 
That Burn 100 Percent Wood Wastes, Clean Lumber and/or Yard Waste'' 
(Sec. Sec.  62.14765 through 62.14825) and the title V operating permit 
requirements (Sec. Sec.  62.14830 and 62.14835).
    (j) Cyclonic barrel burners.
    (k) Rack, part, and drum reclamation units.
    (l) Cement kilns.
    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of 40 CFR part 60 (Standards of Performance for Sewage 
Treatment Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The eight types of units described in 
paragraphs (n)(1) through (8) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide 
that is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
    (8) Units granted exemptions resulting from petitions submitted 
under the provisions of either Sec.  60.2025 or Sec.  60.2558.
    (o) Laboratory units. Units that burn samples of materials for the 
purpose of chemical or physical analysis.

[[Page 57542]]

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

    If you have a recovery unit that is not listed in Sec.  
62.14525(n), you can petition the Administrator to add the unit to the 
list of exempted units in 40 CFR 60.2020(n) or 60.2555(n) pursuant to 
the requirements of 40 CFR 60.2025 or 60.2558. Units granted exemptions 
under 40 CFR 60.2025 or 60.2558 are exempt from the requirement of this 
Federal plan under Sec.  62.14525(n)(8).


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

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

Compliance Schedule and Increments of Progress


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

    If you plan to continue operation of your CISWI unit, then you must 
follow the requirements in paragraph (a) or (b) of this section 
depending on when you plan to come into compliance with the 
requirements of this subpart.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by October 4, 2004, then you must 
complete the requirements of paragraphs (a)(1) through (a)(5) of this 
section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by October 4, 2004.
    (2) You must submit a waste management plan no later than April 5, 
2004.
    (3) You must achieve final compliance by October 4, 2004. To 
achieve final compliance, you must incorporate all process changes and 
complete retrofit construction of control devices, as specified in the 
final control plan, so that, if the affected CISWI unit is brought 
online, all necessary process changes and air pollution control devices 
would operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (a)(3) of this section.
    (5) You must submit an initial report including the results of the 
initial performance test no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after October 4, 2004, but before 
October 3, 2005 you must petition for and be granted an extension of 
the final compliance date specified Sec.  62.14535(a)(3) by meeting the 
requirements of Sec.  62.14536 and you must meet the requirements for 
increments of progress specified in Sec.  62.14540 through Sec.  
62.14565. To achieve the final compliance increment of progress, you 
must complete the requirements of paragraphs (b)(1) through (b)(5) of 
this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by October 4, 2004.
    (2) You must submit a waste management plan no later than April 5, 
2004.
    (3) You must achieve final compliance by October 3, 2005. For the 
final compliance increment of progress, you must incorporate all 
process changes and complete retrofit construction of control devices, 
as specified in the final control plan, so that, when the affected 
CISWI unit is brought online, all necessary process changes and air 
pollution control devices operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (b)(3) of this section.
    (5) You must submit an initial report including the result of the 
initial performance no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).


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

    If you plan to continue operation and want to come into compliance 
with the requirements of this subpart after October 4, 2004, but before 
October 3, 2005, then you must you must petition to the Administrator 
to grant you an extension by following the procedures outlined in 
paragraphs (a) and (b) of this section.
    (a) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) on or before 
December 3, 2003.
    (b) Your request must include documentation of the analyses 
undertaken to support your need for an extension, including an 
explanation of why you are unable to meet the final compliance date 
specified in Sec.  62.14535(a)(3) and why your requested extension date 
is needed to provide sufficient time for you to design, fabricate, and 
install the emissions control systems necessary to meet the 
requirements of this Subpart. A request based upon the avoidance of 
costs of meeting provisions of this Subpart is not acceptable and will 
be denied.


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

    If you plan to come into compliance after October 4, 2004, you must 
meet the two increments of progress specified in paragraphs (a) and (b) 
of this section.
    (a) Increment 1. Submit a final control plan by April 5, 2004.
    (b) Increment 2. Reach final compliance by October 3, 2005.


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

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

[[Page 57543]]

    (d) The date you were required to complete the increment of 
progress.


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

    Your notification for achieving the first increment of progress 
must be postmarked no later than April 15, 2004.


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

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


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

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


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

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


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

    If you plan to permanently close your CISWI unit, then you must 
follow the requirements in either paragraph (a) or (b) of this section 
depending on when you plan to shut down.
    (a) If you plan to shut down by October 4, 2004, rather that come 
into compliance with the complete set of requirements in this subpart, 
then you must shut down by October 4, 2004. In addition, while still in 
operation, your CISWI unit is subject to the same requirement to apply 
for and obtain a title V operating permit that applies to a CISWI unit 
that will not be permanently closing. See Sec. Sec.  62.14830 and 
62.14835.
    (b) If you plan to shut down rather than come into compliance with 
the complete set of requirements of this subpart, but are unable to 
shut down by October 4, 2004, then you must petition EPA for and be 
granted an extension by following the procedures outlined in paragraphs 
(b)(1) through (5) of this section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by December 3, 2003. 
Your request must include:
    (i) Documentation of the analyses undertaken to support your need 
for an extension, including an explanation of why your requested 
extension date is sufficient time for you to shut down while October 4, 
2004 does not provide sufficient time for shut down. A request based 
upon the avoidance of costs of meeting provisions of this subpart is 
not acceptable and will be denied. Your documentation must include an 
evaluation of the option to transport your waste offsite to a 
commercial or municipal waste treatment and/or disposal facility on a 
temporary or permanent basis; and
    (ii) Documentation of incremental steps of progress, including 
dates for completing the increments of progress, that you will take 
towards shutting down. Some suggested incremental steps of progress 
towards shut down are provided as follows:

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

    (2) You must shut down no later than by October 3, 2005.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by October 4, 2004.
    (4) You must submit a legally binding closure agreement to the 
Administrator by April 5, 2004. The closure agreement must specify the 
date by which operation will cease. The closure date cannot be later 
than October 3, 2005.
    (5) While still in operation, your CISWI unit is subject to the 
same requirement to apply for and obtain a title V operating permit 
that applies to a CISWI unit that will not be permanently closing. See 
Sec. Sec.  62.14830 and 62.14835.


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

    If you temporarily close your CISWI unit and restart the unit for 
the purpose of continuing operation of your CISWI unit, then you must 
follow the

[[Page 57544]]

requirements in paragraphs (a), (b), or (c) of this section depending 
on when you plan to come into compliance with the requirements of this 
subpart. You are subject to the operating permit requirements of title 
V of the CAA and 40 CFR part 70 or 71 until you close your CISWI unit 
and at the time you restart it.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by October 4, 2004, then you must 
complete the requirements of Sec.  62.14535(a).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart on or before October 3, 2005, then you 
must complete the requirements of Sec.  62.14535(b). You must have 
first requested and been granted an extension from the initial 
compliance date by following the requirements of Sec.  62.14536.
    (c) If you restart your CISWI unit after the October 4, 2004 and 
resume operation, but have not previously requested an extension by 
meeting all of the requirements of Sec.  62.14536, you must meet all of 
the requirements of Sec.  62.14535(a)(1) through (a)(5) at the time you 
restart your CISWI unit. Upon restarting your CISWI unit, you must have 
incorporated all process changes and completed retrofit construction of 
control devices so that when the affected CISWI unit is brought online, 
all necessary process changes and air pollution control devices operate 
as designed.

Waste Management Plan


Sec.  62.14580  What is a waste management plan?

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


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

    You must submit a waste management plan no later than April 5, 
2004.


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

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

Operator Training and Qualification


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

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


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

    (a) The operator training course must be completed by the later of 
the two dates specified in paragraphs (a)(1) and (2) of this section.
    (1) October 4, 2004.
    (2) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.
    (b) You must follow the requirements in Sec.  63.14625 if all 
qualified operators are temporarily not accessible.


Sec.  62.14605  How do I obtain my operator qualification?

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


Sec.  62.14610  How do I maintain my operator qualification?

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


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

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

[[Page 57545]]

Sec.  62.14620  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  62.14580 
through 62.14590.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each employee who operates 
your incinerator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of the two dates 
specified in paragraphs (b)(1)(i) through (ii) of this section.
    (i) October 4, 2004.
    (ii) Two months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted no later than 12 months 
following the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed review of the information in Sec.  
62.14620(a) as required by Sec.  62.14620(b), including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed the operator training requirements 
under Sec.  62.14595, met the criteria for qualification under Sec.  
62.14605, and maintained or renewed their qualification under Sec.  
62.14610 or Sec.  62.14615. Records must include documentation of 
training, the dates of the initial refresher training, and the dates of 
their qualification and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


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

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

Emission Limitations and Operating Limits


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

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


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

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

[[Page 57546]]

recent performance test demonstrating compliance with the hydrogen 
chloride emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier).
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during any 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.


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

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


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

    (a) The emission limitations and operating limits apply at all 
times except during periods of CISWI unit startup, shutdown, or 
malfunction as defined in Sec.  62.14840.
    (b) Each malfunction must last no longer than 3 hours.

Performance Testing


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

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

Cadj = C meas (20.9-7)/(20.9-%O2) (Eq. 
1)

Where:

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

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


Sec.  62.14655  How are the performance test data used?

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

Initial Compliance Requirements


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

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


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

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

Continuous Compliance Requirements


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

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under 40 CFR 60.8 to determine compliance with the emission 
limitations. The annual performance test must be conducted using the 
test methods listed in table 1 of this subpart and the procedures in 
Sec.  62.14650.
    (b) You must continuously monitor the operating parameters 
specified in Sec.  62.14635 or established under Sec.  62.14640. 
Operation above the established maximum or below the established 
minimum operating limits constitutes a deviation from the established 
operating limits. Three-hour rolling average values are used to 
determine compliance (except for baghouse leak detection system alarms) 
unless a different averaging period is established under Sec.  
62.14640. Operating limits do not apply during performance tests.

[[Page 57547]]

    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.


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

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


Sec.  62.14680  May I conduct performance testing less often?

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


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

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

Monitoring


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

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


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

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

Recordkeeping and Reporting


Sec.  62.14700  What records must I keep?

    You must maintain the 13 items (as applicable) as specified in 
paragraphs (a) through (m) of this section for a period of at least 5 
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec.  62.14640, you must 
maintain data collected for all operating parameters used to determine 
compliance with the operating limits.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
62.14635(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime

[[Page 57548]]

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


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

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


Sec.  62.14710  What reports must I submit?

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


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

    You must submit the waste management plan no later than April 5, 
2004.


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

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


Sec.  62.14725  When must I submit my annual report?

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


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

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


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

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


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

    In each report required under Sec.  62.14735, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.

[[Page 57549]]

    (c) Duration and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitoring 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.


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

    (a) If all qualified operators are not accessible for two weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Within 10 days of each deviation, you must submit a 
notification that includes the three items in paragraphs (a)(1)(i) 
through (iii) of this section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will 
be available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec.  62.14625(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.


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

    You must submit notifications as provided by 40 CFR 60.7.


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

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


Sec.  62.14760  Can reporting dates be changed?

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

Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean 
Lumber and/or Yard Waste


Sec.  62.14765  What is an air curtain incinerator?

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


Sec.  62.14770  When must I achieve final compliance?

    If you plan to continue operating, then you must achieve final 
compliance by October October 4, 2004. It is unlawful for your air 
curtain incinerator to operate after October 4, 2004 if you have not 
achieved final compliance. An air curtain incinerator that continues to 
operate after October 4, 2004 without being in compliance is subject to 
penalties.


Sec.  62.14795  How do I achieve final compliance?

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


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

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in this subpart, you must achieve final 
compliance by October 4, 2004.
    (b) If you close your incinerator but will restart it after October 
4, 2004, you must have completed any needed emission control retrofits 
and meet the opacity limits of Sec.  62.14815 on the date your 
incinerator restarts operation.
    (c) You are subject to the operating permit requirements of title V 
of the CAA and 40 CFR part 70 or 71 until you close your air curtain 
incinerator and at the time you restart it.


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

    If you plan to permanently close your incinerator rather than 
comply with this subpart, you must submit a closure notification, 
including the date of closure, to the Administrator by March 31, 2004. 
In addition, while still in operation, your air curtain incinerator is 
subject to the same requirement to apply for and obtain a title V 
operating permit that applies to an air curtain incinerator that will 
not be permanently closing.


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

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


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

    (a) Use Method 9 of 40 CFR part 60, Appendix A to determine 
compliance with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
no later than January 2, 2005.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


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

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

[[Page 57550]]

    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date and keep a copy 
onsite for a period of five years.

Title V Requirements


Sec.  62.14830  Does this subpart require me to obtain an operating 
permit under title V of the Clean Air Act?

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


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

    (a) If your existing CISWI unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted not later than the date 36 months after promulgation of 40 
CFR Part 60, subpart DDDD (December 1, 2003), or by the effective date 
of the applicable State, Tribal, or Federal operating permits program, 
whichever is later. For any existing CISWI unit not subject to an 
earlier application deadline, this final application deadline applies 
regardless of when this Federal plan is effective, or when the relevant 
State or Tribal section 111(d)/129 plan is approved by the EPA and 
becomes effective. See sections 129(e), 503(c), 503(d), and 502(a) of 
the Clean Air Act.
    (b) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 
71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. See sections 503(d) and 502(a) of the 
Clean Air Act; 40 CFR 70.7(b) and 71.7(b).

Delegation of Authority


Sec.  62.14838  What authorities are withheld by the EPA Administrator?

    The following authorities are withheld by the EPA Administrator and 
not transferred to the State or Tribe:
    (a) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec.  62.14635 
and table 2 of this subpart.
    (b) Approval of petitions submitted pursuant to the requirements of 
Sec.  62.14640 establishing operating parameters when using controls 
other than a dry scrubber followed by a fabric filter, a wet scrubber, 
or a dry scrubber followed by a fabric filter and a wet scrubber.
    (c) Approval of major alternatives to test methods established 
under Sec.  62.14650 and table 1 of this subpart.
    (d) Approval of major alternatives to monitoring requirements 
established under Sec.  62.14690, Sec.  62.14605 and table 2 of this 
subpart.
    (e) Approval of major alternatives to recordkeeping and reporting 
requirements of this subpart.
    (f) Approval of petitions submitted pursuant to the requirements of 
Sec.  62.14530 establishing requirements for petitions and approvals of 
exemptions for chemical recovery units included in Sec.  62.14525(n).
    (g) Approval of requests submitted pursuant to the requirements in 
Sec.  62.14625(b)(2).

Definitions


Sec.  62.14840  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act, subparts A and B of part 60 and subpart A of this part 62.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are different from conventional combustion 
devices which typically have enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter (i.e., baghouse) in order to detect bag failures. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Calendar quarter means 3 consecutive months (non-overlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion device that combusts commercial and industrial 
waste, as defined in this subpart. The boundaries of a CISWI unit are 
defined as, but not limited to, the commercial or industrial solid 
waste fuel feed system, grate system, flue gas system, and bottom ash. 
The CISWI unit does not include air pollution control equipment or the 
stack. The CISWI unit boundary starts at the commercial and industrial 
solid waste hopper (if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    Commercial and industrial waste, for the purposes of this subpart, 
means solid waste combusted in an enclosed device using controlled 
flame combustion without energy recovery that is a distinct operating 
unit of any commercial or industrial facility (including field-erected, 
modular, and custom built incineration units operating with starved or 
excess air), or solid waste combusted in an air curtain incinerator 
without energy recovery that is a distinct operating unit of any 
commercial or industrial facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste 
materials that is attached to a 55 gallon, open-

[[Page 57551]]

head drum. The device consists of a lid, which fits onto and encloses 
the drum, and a blower that forces combustion air into the drum in a 
cyclonic manner to enhance the mixing of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless or whether or not 
such failure is permitted by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than promulgation of the final CISWI emission guidelines 
in 40 CFR part 60, subpart DDDD and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of 40 CFR part 60, 
Appendix A.
    Parts reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Rack reclamation unit means a unit that burns the coatings off 
racks used to hold small items for application of a coating. The unit 
burns the coating overspray off the rack so the rack can be reused.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after promulgation of the final 
CISWI emission guidelines in 40 CFR part 60, subpart DDDD.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste 
treatment plant, water supply treatment plant, or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid, or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations, and from community 
activities, but does not include solid or dissolved material in 
domestic sewage, or solid or dissolved materials in irrigation return 
flows or industrial discharges which are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, 
as amended (86 Stat. 880), or source, special nuclear, or byproduct 
material as defined by the Atomic Energy Act of 1954, as amended (68 
Stat. 923). For purposes of this subpart and 40 CFR part 60, subpart 
DDDD, only, solid waste does not include the waste burned in the 
fifteen types of units described in 40 CFR 60.2555 of subpart DDDD and 
Sec.  62.14525 of this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the Activation of 
the system and the first charge to the unit.
    Tribal plan means a plan submitted by a Tribal Authority pursuant 
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 
CFR part 60, subpart DDDD.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including non-vaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs from

[[Page 57552]]

residential, commercial/retail, institutional, or industrial sources as 
part of maintaining yards or other private or public lands.

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


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


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


[[Page 57553]]


                          Table 4 of Subpart III--Summary of Reporting Requirements \a\
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan.............  No later than April 5,   Waste management plan..  Sec.   62.14715.
                                        2004.
B. Initial Test Report...............  No later than 60 days    1. Complete test report  Sec.   62.14720.
                                        following the initial    for the initial
                                        performance test.        performance test.
                                                                2. The values for the
                                                                 site-specific
                                                                 operating limits..
                                                                3. Installation of bag
                                                                 leak detection systems
                                                                 for fabric filters..
C. Annual report.....................  No later than 12 months  1. Name and address....  Sec.  Sec.   62.14725
                                        following the           2. Statement and          and 62.14730.
                                        submission of the        signature by             Subsequent reports are
                                        initial test report.     responsible official..   to be submitted no
                                        Subsequent reports are  3. Date of report......   more than 12 months
                                        to be submitted no      4. Values for the         following the previous
                                        more than 12 months      operating limits..       report.
                                        following the previous  5. If no deviations or
                                        report.                  malfunctions were
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period..
                                                                6. Highest recorded 3-
                                                                 hour average and the
                                                                 lowest 3-hour average,
                                                                 as applicable, for
                                                                 each operating
                                                                 parameter recorded for
                                                                 the calendar year
                                                                 being reported.
                                                                7. Information for
                                                                 deviations or
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 62.14700(b)(6) and (c)
                                                                 through (e).
                                                                8. If a performance
                                                                 test was conducted
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test..
                                                                9. If a performance
                                                                 test was not conducted
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   62.14680(a)
                                                                 or (b) were met..
                                                                10. Documentation of
                                                                 periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 8 hours but less
                                                                 than 2 weeks..
D. Emission Limitation or Operating    By August 1 of that      1. Dates and times of    Sec.  Sec.   62.14735
 Limit Deviation Report.                year for data            deviations.              and 62.14740.
                                        collected during the    2. Averaged and
                                        first half of the        recorded data for
                                        calendar year.           these dates..
                                       By February 1 of the     3. Duration and causes
                                        following year for       for each deviation and
                                        data collected during    the corrective actions
                                        the second half of the   taken..
                                        calendar year..         4. Copy of operating
                                                                 limit monitoring data
                                                                 and any test reports..
                                                                5. Dates, times, and
                                                                 causes for monitor
                                                                 downtime incidents..
                                                                6. Whether each
                                                                 deviation occurred
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction..
E. Qualified Operator Deviation        Within 10 days of        1. Statement of cause    Sec.   62.14745(a)(1).
 Notification.                          deviation.               of deviation..
                                                                2. Description of
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator..
                                                                3. The date a qualified
                                                                 operator will be
                                                                 accessible..
F. Qualified Operator Deviation        Every 4 weeks following  1. Description of        Sec.   62.14745(a)(2).
 Status Report.                         deviation..              efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                2. The date a qualified
                                                                 operator will be
                                                                 accessible..
                                                                3. Request for approval
                                                                 to continue operation..
G. Qualified Operator Deviation        Prior to resuming        Notification that you    Sec.   62.14745(b).
 Notification of Resumed Operation.     operation.               are resuming operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 03-24004 Filed 10-2-03; 8:45 am]
BILLING CODE 6560-50-P