[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Rules and Regulations]
[Pages 74870-74924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23716]



[[Page 74869]]

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Part II





Environmental Protection Agency





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40 CFR Part 60



Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Other Solid Waste Incineration Units; 
Final Rule

  Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / 
Rules and Regulations  

[[Page 74870]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-8005-5]
RIN 2060-AG31


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Other Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating new source performance standards (NSPS) 
and emission guidelines for new and existing ``other'' solid waste 
incineration units (OSWI). The final rules for OSWI units fulfill the 
requirements of sections 111 and 129 of the Clean Air Act (CAA), which 
require EPA to promulgate NSPS and emission guidelines for solid waste 
incineration units. The final rules, which address only the 
incineration of nonhazardous solid wastes, will protect public health 
by reducing exposure to air pollution.

DATES: Amendments to Sec.  60.17 are effective February 14, 2006. The 
standards for new sources in subpart EEEE of 40 CFR part 60 (sections 
60.2880 through 60.2977) are effective June 16, 2006. The incorporation 
by reference of certain publications listed in the NSPS is approved by 
the Director of the Federal Register as of June 16, 2006. The emission 
guidelines for existing sources in subpart FFFF of 40 CFR part 60 
(sections 60.2980 through 60.3078) are effective February 14, 2006. The 
incorporation by reference of certain publications listed in the 
emission guidelines is approved by the Director of the Federal Register 
as of February 14, 2006.

ADDRESSES: Docket. EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2003-0156. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, i.e., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at EPA Docket Center (EPA/DC), EPA West Building, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the EPA Docket 
Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Johnson, Combustion Group, 
Emission Standards Division (C439-01), U.S. EPA, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-5025; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by the final rules are very small municipal waste combustion (VSMWC) 
units and institutional waste incineration (IWI) units. The final OSWI 
emission guidelines and NSPS potentially affect the following 
categories of sources:

----------------------------------------------------------------------------------------------------------------
                                                                              Examples of potentially regulated
                  Category                     NAICS code       SIC code                   entities
----------------------------------------------------------------------------------------------------------------
Any State, local, or Tribal government        562213, 92411      4953, 9511  Solid waste combustion units
 using a VSMWC unit as defined in the                                         burning municipal waste collected
 regulations.                                                                 from the general public and from
                                                                              residential, commercial,
                                                                              institutional, and industrial
                                                                              sources.
Institutions using an IWI unit as defined        922, 6111,     9223, 8211,  Correctional institutions, primary
 in the regulations.                              623, 7121            7999   and secondary schools, camps and
                                                                              national parks.
Any Federal government agency using an OSWI             928            9711  Department of Defense (labs,
 unit as defined in the regulations.                                          military bases, munitions
                                                                              facilities).
Any college or university using an OSWI          6113, 6112      8221, 8222  Universities, colleges and
 unit as defined in the regulations.                                          community colleges.
Any church or convent using an OSWI unit as            8131            8661  Churches and convents.
 defined in the regulations.
Any civic or religious organization using              8134            8641  Civic association and fraternal
 an OSWI unit as defined in the regulations.                                  associations.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
final rules. To determine whether your facility is regulated by the 
final rules, you should examine the applicability criteria in the NSPS 
for new sources located at 40 CFR 60.2885 through 60.2888 of subpart 
EEEE, and in the emission guidelines for existing sources located at 40 
CFR 60.2991 through 60.2994 of subpart FFFF. If you have any questions 
regarding the applicability of the final rules to a particular entity, 
contact the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Docket. The docket number for the final NSPS (40 CFR part 60, 
subpart EEEE) and emission guidelines (40 CFR part 60, subpart FFFF) is 
Docket ID No. EPA-HQ-OAR-2003-0156.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rules is available on the WWW through 
the Technology Transfer Network Website (TTN Web). Following signature, 
EPA will post a copy of the final rules on the TTN's policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control.
    Judicial Review. Under CAA section 307(b)(1), judicial review of 
the final rules is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia by February 14, 
2006. Under CAA section 307(d)(7)(B), only an objection to the final 
rules that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
CAA section 307(b)(2), the requirements established by today's final 
action may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for the EPA to convene a proceeding for

[[Page 74871]]

reconsideration, ``[i]f the person raising an objection can demonstrate 
to the EPA that it was impracticable to raise such objection within 
[the period for public comment] or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to the EPA should submit a Petition for Reconsideration 
to the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the person(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Director of the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20004.
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
II. Summary of the Final Rules
    A. Do the final rules apply to me?
    B. What emission limits must I meet?
    C. What operating limits must I meet?
    D. What are the other requirements?
    E. What are the requirements for air curtain incinerators?
    F. What title V permit requirements must I meet?
III. What are the changes to the rules since proposal?
IV. Significant Issues and Changes-Public Comments
    A. Applicability
    B. Definitions
    C. MACT Floors and Emission Limits
    D. Title V Operating Permits
    E. Testing
    F. Impacts
V. Impacts of the Final Rules
    A. What are the impacts for new units?
    B. What are the impacts for existing units?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    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 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

    Section 129 of the CAA, entitled ``Solid Waste Combustion,'' 
requires EPA to develop and adopt NSPS and emission guidelines for 
solid waste incineration units pursuant to CAA section 111. Section 
111(b) of the CAA requires EPA to establish NSPS for new sources, and 
CAA section 111(d) requires EPA to establish procedures for States to 
submit plans for implementing emission guidelines for existing sources. 
Under CAA section 111, NSPS and emission guidelines must be developed 
for new and existing stationary sources that cause or contribute 
significantly to air pollution that may reasonably be anticipated to 
endanger public health or welfare.
    Congress specifically added section 129 to the CAA to address 
concerns about emissions from solid waste combustion units. Section 
129(a)(1) of the CAA identifies five categories of solid waste 
incineration units:
    (1) Units with a capacity of greater than 250 tons per day (tpd) 
combusting municipal waste;
    (2) Units with a capacity equal to or less than 250 tpd combusting 
municipal waste;
    (3) Units combusting hospital, medical and infectious waste;
    (4) Units combusting commercial or industrial waste; and
    (5) Unspecified ``other categories of solid waste incineration 
units.''
    Section 129(g)(1) of the CAA identifies several types of units that 
are not solid waste incineration units, including units required to 
have a permit under section 3005 of the Solid Waste Disposal Act 
(SWDA); materials recovery facilities; certain qualifying small power 
production facilities or qualifying cogeneration facilities which burn 
homogeneous waste; and certain air curtain incinerators that meet 
opacity limitations established by EPA.
    For each category of incineration unit identified under CAA section 
129, EPA must establish numerical emission limits for at least nine 
specified pollutants (particulate matter (PM), sulfur dioxide 
(SO2), hydrogen chloride (HC1), nitrogen oxides 
(NOX), carbon monoxide (CO), lead (Pb), cadmium (Cd), 
mercury (Hg), and dioxins and dibenzofurans), and for opacity as 
appropriate. Section 129 of the CAA provides EPA with the discretion to 
establish emission limitations for other pollutants as well. (See CAA 
section 129(a)(4).)
    Under CAA section 129, the NSPS and emission guidelines adopted for 
solid waste combustion units must reflect the maximum achievable 
control technology (MACT). Accordingly, EPA=s standards under CAA 
section 129 must ``reflect the maximum degree of reduction in emissions 
of [the listed] air pollutants * * * that the Administrator, taking 
into consideration the cost of achieving such emissions reductions, and 
any non-air quality health and environmental impacts and energy 
requirements, determines is achievable for new or existing units in 
each category * * *.'' (See CAA section 129(a)(2).) However, the 
standards for new units must not be less stringent than the emissions 
control that is achieved in practice by the best controlled similar 
unit, and the standards for existing sources must not be less stringent 
than the average emissions limitations achieved by the best performing 
12 percent of units in the category.
    EPA previously developed regulations for each of the listed 
categories of solid waste incineration unit except for the undefined 
``other categories of solid waste incineration units.'' Four notices 
have been published regarding OSWI regulatory development (58 FR 31358, 
June 2, 1993; 58 FR 58498, November 2, 1993; 65 FR 67367, November 9, 
2000; 69 FR 71472, December 9, 2004). In the November 9, 2000 notice, 
EPA revised the OSWI regulatory schedule to include a November 2005 
date for promulgation of final regulations. This deadline was 
subsequently incorporated into a consent decree, requiring that EPA 
propose regulations for the OSWI source category by November 30, 2004, 
and promulgate final rules by November 30, 2005. On December 9, 2004, 
EPA proposed NSPS and emission guidelines for OSWI units (69 FR 71472). 
EPA received 26 public comment letters from a variety of sources, 
consisting mainly of government agencies, environmental organizations, 
incinerator manufacturers, and various incinerator owners/operators. By 
today's notice EPA promulgates final regulations for ``other'' (or 
OSWI) units.

II. Summary of the Final Rules

A. Do the final rules apply to me?

    The final OSWI rules apply to you if you own or operate either of 
the following:
    (1) An incineration unit with a capacity less than 35 tpd burning 
municipal solid waste (MSW) (as defined in CAA section 129, 40 CFR 
60.2977 of subpart EEEE, and 40 CFR 60.3078 of subpart FFFF); or
    (2) An incineration unit located at an institutional facility 
burning institutional waste (as defined in 40 CFR 60.2977 of subpart 
EEEE and 40 CFR 60.3078 of subpart FFFF) generated at that facility.
    Requirements for air curtain incineration units that would 
otherwise be VSMWC or IWI units, but for the fact

[[Page 74872]]

that they burn certain materials, are discussed later in this preamble. 
If your incineration unit is currently meeting emission limitations and 
other requirements of another CAA section 129 regulation (i.e., small 
or large municipal waste combustion (MWC) units; hospital, medical, 
infectious waste incineration (HMIWI) units; or commercial and 
industrial solid waste incineration (CISWI) units), the final OSWI 
rules do not apply to you. Likewise, if an institutional combustion 
unit is covered under the CAA section 112 national emission standards 
for hazardous air pollutants (NESHAP) for industrial, commercial, and 
institutional boilers and process heaters (boilers NESHAP), it is not 
subject to the final OSWI rules. Certain types of combustion units 
listed in 40 CFR 60.2887 of subpart EEEE and 40 CFR 60.2993 of subpart 
FFFF are also excluded from the final OSWI rules.
    If you began construction of your incineration unit on or before 
December 9, 2004, it is considered an existing unit and is subject to 
the emission guidelines (40 CFR part 60, subpart FFFF). If you began 
construction of your incineration unit after December 9, 2004, it is 
considered a new unit and is subject to the NSPS (40 CFR part 60, 
subpart EEEE).
    If you began reconstruction or modification of your incineration 
unit prior to June 16, 2006, it is considered an existing unit and is 
subject to the emission guidelines. Likewise, if you begin 
reconstruction or modification of your incineration unit on or after 
June 16, 2006, it is considered a new unit and is subject to the NSPS.

B. What emission limits must I meet?

    As the owner or operator of a new OSWI unit, you must meet the 
emission limits specified in table 1 of this preamble. You must conduct 
an initial performance test to show compliance within 60 days after a 
new OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after the unit's initial startup.
    As the owner or operator of an existing OSWI unit, you must meet 
the emission limits specified in table 1 of this preamble within 3 
years after the effective date of State plan approval or by a 
compliance date to be established when EPA promulgates a Federal plan, 
but no later than December 16, 2010. The December 16, 2010 deadline is 
set by the statute. (See CAA section 129(f)). Thus, if EPA approves a 
State plan in 2009, December 16, 2010 will still be the deadline for 
complying. EPA plans to promulgate a Federal plan that will require 
compliance by December 16, 2010 in those areas that fail to submit an 
approvable State plan.

        Table 1.--Emission Limits for New and Existing OSWI Units
------------------------------------------------------------------------
                                                        And determine
                               You must meet these    compliance using
    For these pollutants       emission limits \a\   these  methods \b\
                                                             \c\
------------------------------------------------------------------------
Cd..........................  18 micrograms per     EPA Method 29.
                               dry standard cubic
                               meter ([mu]g/dscm).
CO..........................  40 parts per million  EPA Methods 10, 10A
                               dry volume (ppmdv).   or 10B.
Dioxins/Furans (total mass    33 nanograms per dry  EPA Method 23.
 basis).                       standard cubic
                               meter (ng/dscm).
HCl.........................  15 ppmdv............  EPA Method 26A.
Pb..........................  226 [mu]g/dscm......  EPA Method 29.
Hg..........................  74 [mu]g/dscm.......  EPA Method 29.
Opacity.....................  10%.................  EPA Method 9.
NOX.........................  103 ppmdv...........  EPA Methods 7, 7A,
                                                     7C, 7D, or 7E. \d\
PM..........................  0.013 grains per dry  EPA Method 5 or 29.
                               standard cubic foot
                               (gr/dscf).
SO2.........................  3.1 ppmdv...........  EPA Method 6 or 6C.
                                                     \e\
------------------------------------------------------------------------
\a\ All emission limits (except opacity) are measured at 7 percent
  oxygen, dry basis at standard conditions.
\b\ These methods are in 40 CFR part 60, appendix A.
\c\ Compliance with the CO emission limit is determined on a 12-hour
  rolling average basis using continuous emission monitoring system
  data. Compliance for the other emission limits is determined by stack
  testing.
\d\ ASME PTC 19-10-1981-Part 10 is an acceptable alternative to only
  Methods 7 and 7C.
\e\ ASME PTC 19-10-1981-Part 10 is an acceptable alternative to only
  Method 6.

C. What operating limits must I meet?

    If you use a wet scrubber to comply with the emission limits, you 
must establish the maximum and minimum site-specific operating limits 
indicated in table 2 of this preamble. You must then operate the OSWI 
unit so that the charge rate does not exceed the established maximum 
charge rate. You must operate the wet scrubber so that the pressure 
drop or amperage, scrubber liquor flow rate, and scrubber liquor pH do 
not fall below the minimum established operating limits.

  Table 2.--Operating Limits for New and Existing OSWI Units Using Wet
                                Scrubbers
------------------------------------------------------------------------
                                                          And monitor
                                  You must establish  continuously using
 For these operating parameters     these operating    these  recording
                                        limits               times
------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Every hour.
                                   rate.
Pressure drop across the wet      Minimum pressure    Every 15 minutes.
 scrubber, or amperage to the      drop or amperage.
 wet scrubber.
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 24-hour
  basis.


[[Page 74873]]

    If you use an air pollution control device other than a wet 
scrubber to comply with the emission limits, you must petition the EPA 
for approval of other site-specific operating limits to be established 
during the initial performance test and continuously monitored 
thereafter. The information you must include in your petition is 
described in 40 CFR 60.2917 of subpart EEEE and 40 CFR 60.3024 of 
subpart FFFF.

D. What are the other requirements?

    As the owner or operator of a new or existing OSWI unit, you must 
meet the following additional requirements.
    Siting Analysis (new units only):
     Submit a report that evaluates site-specific air pollution 
control alternatives that minimize potential risks to public health or 
the environment, considering costs, energy impacts, non-air 
environmental impacts, or any other factors related to the 
practicability of the alternatives.
    Waste Management Plan:
     Submit 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.
    Operator Training and Qualification Requirements:
     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.
    Testing Requirements:
     Conduct initial performance tests for Cd, CO, dioxins/
furans, HCl, Pb, Hg, NOX, opacity, PM, and SO2 
and establish operating limits (i.e., maximum or minimum values for 
operating parameters).
     Conduct annual performance tests for all nine pollutants 
and opacity. (An owner or operator may conduct less frequent testing if 
the facility demonstrates that it is in compliance with the emission 
limits for three consecutive performance tests.)
    Monitoring Requirements:
     Continuously monitor CO emissions.
     If using a wet scrubber to comply with the emission 
limits, continuously monitor the following operating parameters: charge 
rate, pressure drop across the wet scrubber (or amperage), and scrubber 
liquid flow rate and pH.
     If using something other than a wet scrubber to comply 
with the emission limits, monitor other operating parameters, as 
approved by the EPA.
    Recordkeeping and Reporting Requirements:
     Maintain for 5 years records of the initial performance 
tests and all subsequent performance tests, operating parameters, any 
maintenance, the siting analysis (for new units only), and operator 
training and qualification. Each record must be kept on site for at 
least 2 years. The records may be kept off site for the remaining 3 
years.
     Submit the results of the initial performance tests and 
all subsequent performance tests and values for the operating 
parameters.
     Submit annual compliance reports and semiannual reports of 
any deviations from the emission limits, operating limits, or other 
requirements.
     Apply for and obtain a title V operating permit.

E. What are the requirements for air curtain incinerators?

    The final OSWI rules establish opacity limitations for air curtain 
incineration units that would otherwise meet the definitions of IWI or 
VSMWC units, but burn only:
     100 percent wood wastes;
     100 percent clean lumber;
     100 percent yard waste; or
     100 percent mixture of only wood waste, clean lumber, and/
or yard waste.
    The opacity limit is 10 percent. However, 35 percent opacity is 
allowed during startup periods that are within the first 30 minutes of 
operation. Air curtain incinerators burning only these materials must 
meet the opacity limits and certain monitoring, recordkeeping, and 
reporting requirements, and must apply for and obtain a title V 
operating permit.
    Air curtain incinerators burning other institutional waste or 
municipal waste must meet the requirements of the final OSWI rules 
including all emission limits in table 1 of this preamble and the 
associated testing, permitting, monitoring, recordkeeping, and 
reporting requirements.

F. What title V permit requirements must I meet?

    All new and existing OSWI units and air curtain incinerators 
regulated by the final OSWI rules must apply for and obtain a title V 
operating permit. These title V operating permits assure compliance 
with all applicable Federal requirements for regulated incineration 
units, including all applicable CAA section 129 requirements. (See 40 
CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.)
    The permit application deadline for a CAA section 129 source 
applying for a title V operating permit depends on when the source 
first becomes subject to the relevant title V permits program. If a 
regulated incineration unit is a new unit and is not subject to an 
earlier permit application deadline, a complete title V permit 
application must be submitted on or before the relevant date below:
    (1) For a unit that commenced operation as a new source on or 
before December 16, 2005, a complete title V permit application must be 
submitted not later than December 18, 2006; or
    (2) For a unit that does not commence operation as a new source 
until after December 16, 2005, a complete title V permit application 
must be submitted not later than 12 months after the date the unit 
commences operation as a new source. (See CAA section 503(c) and 40 CFR 
70.5(a)(1)(i) and 71.5(a)(1)(i).)
    If your incineration unit is an existing unit and is not subject to 
an earlier permit application deadline, a complete title V permit 
application must be submitted by the earlier of the following dates:
    (1) Twelve months after the effective date of any applicable EPA-
approved CAA section 111(d)/129 plan (i.e., an approved State or Tribal 
plan that implements the OSWI emission guidelines);
    (2) Twelve months after the effective date of any applicable 
Federal plan; or
    (3) December 16, 2008.
    For any existing incineration unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of 
whether or when any applicable Federal plan is effective, or whether or 
when any applicable CAA section 111(d)/129 plan is approved by EPA and 
becomes effective. (See CAA sections 129(e), 503(c), 503(d), and 502(a) 
and 40 CFR 70.5(a)(1)(i) and 71.5(a)(1)(i).)
    If your incineration unit is subject to title V as a result of some 
triggering requirement(s) other than those mentioned above (for 
example, a unit may be a major source or part of a major source), then 
you may be required to apply for a title V operating permit for that 
unit prior to the deadlines specified above. If more than one 
requirement triggers a source's obligation to apply for a title V 
operating permit, the 12-month timeframe for filing a title V permit 
application is triggered by the requirement which first causes the 
source to be subject to title V. (See CAA section 503(c) and 40 CFR 
70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and (b), and 71.5(a)(1)(i).)
    For additional background information on the interface between CAA 
section 129 and title V, including EPA's interpretation of CAA section 
129(e), information on updating existing

[[Page 74874]]

title V operating permit applications and reopening existing title V 
permits, see the final Federal Plan for Commercial and Industrial Solid 
Waste Incinerators, October 3, 2003 (68 FR 57518, 57532), as well as 
the ``Summary of Public Comments and Responses'' document in the OSWI 
docket (EPA-HQ-OAR-2003-0156).

III. What are the changes to the rules since proposal?

    We made several revisions to the OSWI rules since proposal. As 
previously stated, a summary of public comments and EPA's responses to 
those comments is located in the docket. The following is a summary of 
the most significant changes.
Definitions
     Institutional facility. Replaced the term ``institution,'' 
as defined at proposal, with the term ``institutional facility'', which 
was the term we intended to define. Clarified that the term 
``institutional facility'' means land-based facility.
     Institutional waste. Revised the definition of 
``institutional waste'' to be clearer and to eliminate redundancy while 
maintaining the same meaning as the proposed definition.
     IWI unit and MWC unit. Revised the definitions of 
``institutional waste incineration unit'' and ``municipal waste 
combustion unit'' by adding ``cyclonic burn barrel'' as another example 
of an incinerator design.
     Clean lumber and wood waste. Clarified that the 
definitions of ``clean lumber'' and ``wood waste'' exclude wood 
products that contain adhesives.
     Administrator and EPA. Revised the definition of 
``Administrator'' and added a definition for the term ``EPA'' to 
clarify our intent with respect to implementation of the final OSWI 
rules. ``Administrator'' now means (1) For approved and effective State 
section 111(d)/129 plans, the Director of the State air pollution 
control agency, or his or her delegatee; (2) For Federal section 
111(d)/129 plans, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified 
task; and (3) For NSPS, the Administrator of the EPA, an employee of 
the EPA, the Director of the State air pollution control agency, or 
employee of the State air pollution control agency to whom the 
authority has been delegated by the Administrator of the EPA to perform 
the specified task. ``EPA'' means the Administrator of the EPA or 
employee of the EPA that is delegated the authority to perform the 
specified task.
     Waste heat recovery. Clarified that ``waste heat 
recovery'' occurs outside of the combustion firebox.
Exclusions
     Rural IWI exclusion. Revised the rural IWI exclusion such 
that in addition to the proposed requirement that the unit must be more 
than 50 miles from the boundary of the nearest Metropolitan Statistical 
Area (MSA), the unit must also be in an area ``where alternative 
disposal options are not available or are economically infeasible.'' 
Also added provisions to require a facility to apply for the rural IWI 
exclusion and reapply for this exclusion every 5 years.
     Temporary-use exclusion. Added ice storms and high winds 
to the list of example disasters. Clarified that this exclusion 
includes air curtain incinerators. Restricted the exclusion to areas 
where a local, State, or Federal declaration of emergency or disaster 
has been proclaimed. Also revised the exclusion to require all 
temporary-use incinerators to submit notification if they will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the current disaster 
area.
     Prohibited goods exclusion. Limited the exclusion to 
incinerators ``owned and/or operated by,'' not merely ``used by'' 
government agencies. Clarified that the exclusion applies only to goods 
confiscated by a government agency.
     National security exclusion. Determined that any IWI units 
used solely during military training field exercises to destroy 
national security materials integral to the field exercises are not 
subject to the final OSWI rules. Added a provision to allow other IWI 
units to apply for an exclusion if the units are used solely to destroy 
national security materials and a reliable alternative to incineration 
that would ensure acceptable destruction is not available.
Emission Limits
     Carbon monoxide (CO) limit. Revised the limit from 5 parts 
per million by volume (ppmv) to 40 ppmv on a 12-hour rolling average 
basis.
     Hydrogen chloride (HCl) limit. Revised the limit from 3.7 
ppmv to 15 ppmv.
Testing
     Added procedures to follow when performing Method 26A 
tests that will improve accuracy for testing wet scrubber-equipped 
incinerators.
     Clarified annual testing requirements for air curtain 
incinerators. If an air curtain incinerator has been out of operation 
for more than 12 months, it must be tested upon startup.
Technical Corrections and Clarifications
     In addition to the listed revisions, EPA made several 
technical revisions to correct cross-referencing and typographical 
errors and to improve clarity of the rules.

IV. Significant Issues and Changes--Public Comments

A. Applicability

    We received several comments on the scope and applicability of the 
proposed OSWI rules. These comments ranged from very specific ones 
dealing with a certain category of units, to more overarching comments 
concerning applicability of the OSWI rules in general. The following 
paragraphs contain the major discussions regarding applicability; 
additional details may be found in the summary of public comments and 
responses document in the docket.
1. General Applicability of OSWI Rules
    Two commenters expressed concern that the applicability of the 
proposed rules is not broad enough and that too many source categories 
are excluded or exempt from regulation. One commenter contended that 
EPA's OSWI regulation must include CAA section 129 standards for every 
category of solid waste incinerator that is not already regulated under 
CAA section 129. The commenter contended that the CAA requires EPA to 
set section 129 standards for any facility that combusts any solid 
waste, with the exception of facilities specifically exempted under CAA 
section 129(g)(1). The commenter made similar comments on most of the 
excluded types of units, stating that they should be subject to 
regulation under OSWI if they burn any nonhazardous waste. On the other 
hand, another commenter expressed support for the rationale regarding 
which sources will be regulated as OSWI units. The commenter urged EPA 
to avoid any significant changes to this stated rationale.
    The CAA is ambiguous regarding what categories of solid waste 
incineration units must be regulated under section 129(a)(1)(E). After 
discussing timelines for very specific categories of solid waste 
incinerators (e.g., large and small municipal waste

[[Page 74875]]

combustors, commercial and industrial waste incinerators, and hospital 
and medical waste incinerators), the CAA states only that EPA must 
publish a schedule for promulgating standards for ``other categories of 
solid waste incineration units.'' The statute does not unambiguously 
require, as implied by commenters, that the OSWI standards must apply 
to every other possible type of incineration unit burning any type of 
solid waste. If Congress had intended such a clear directive, it could 
have instructed EPA to regulate ``every'' other solid waste 
incineration unit. Yet Congress did not use such unambiguous language, 
leaving it to EPA to interpret the CAA in a reasonable manner. 
Moreover, the position adopted by commenters would lead to absurd 
results. Under their interpretation, a homeowner burning leaves in a 
barrel in his or her backyard must be subject to a CAA section 129 rule 
because the barrel is a unit combusting solid waste material. Congress 
cannot have intended that EPA regulate such sources under section 129, 
with all the attendant requirements. The language of section 129 
suggests that Congress wanted to focus EPA's attention to specific, 
larger incineration units (e.g., MWC units and CISWI units). Under this 
commenter's interpretation of section 129, however, EPA would have to 
establish MACT floors and emissions standards for dozens of different 
types of small incineration units with potentially minimal 
emissions.\1\ It takes an enormous effort and use of resources to 
develop a MACT floor and write a section 129 standard, and Congress 
cannot have meant that EPA would undertake that substantial effort a 
multitude of times merely by instructing EPA to address ``other'' 
categories of solid waste incineration units (assuming EPA even has the 
resources to undertake such efforts). Moreover, sources subject to 
section 129 standards must obtain title V operating permits and 
undertake extensive testing, monitoring, and recordkeeping even if EPA 
does not require additional controls under the section 129 standard, 
and regardless of the level of emissions from the sources. As noted 
elsewhere, EPA estimates that the costs of these requirements alone can 
more than quadruple the costs of owning and operating an incinerator. 
Again, Congress cannot have intended that every ``incineration'' unit 
as defined by the commenter, regardless of its size or its impact on 
public health and the environment, would have to shoulder these burdens 
merely by referencing an undefined ``other'' category of incineration 
units at section 129(a)(1)(E). Thus, the instructions to EPA to 
promulgate standards for ``other categories'' of solid waste 
incinerators inherently include the authority for EPA to reasonably 
delineate those ``other'' categories of solid waste incineration units.
---------------------------------------------------------------------------

    \1\ Total emissions of the regulated air pollutants from all 
units in the two subcategories regulated by the final OSWI rules are 
estimated to total only 2,272 tons per year.
---------------------------------------------------------------------------

    Thus, appropriately, the first step in EPA's rulemaking process was 
determining what universe of sources will be subject to the 
regulations. The statutory provisions of CAA sections 129(a), (g) and 
(h) make it clear that EPA must, as a part of the regulatory process, 
define which combustion units should be subject to regulation under CAA 
section 129 and hence, to which categories of solid waste combustion 
units the standards for ``other categories of solid waste incineration 
units'' apply. For example, the reference in CAA section 129(g)(1) to a 
permit issued under section 3005 of the SWDA, refers to units burning 
hazardous solid waste. This effectively limits the scope of EPA's 
authority under CAA section 129 to the regulation of solid waste 
incineration units that burn nonhazardous solid waste. In determining 
the scope of OSWI, EPA collected and analyzed data to identify 
potential OSWI units and determined that the regulations should focus 
on two categories of waste combustion units that are not regulated 
elsewhere: IWI units and VSMWC units. In the proposed rules, we also 
clarified that certain types of units are not regulated by the OSWI 
rules. Some of these units are specifically excluded by CAA section 129 
(e.g. hazardous waste combustion, small power production facilities, 
cogeneration facilities burning homogeneous waste). We also clarify 
that units are not covered under OSWI if they are already regulated 
under other CAA section 129 or CAA section 112 standards (e.g., small 
and large MWC, HMIWI, CISWI, boilers, cement kilns). The language of 
CAA section 129(h) makes clear the Congressional intent for CAA 
regulations under section 129 or section 112 to be mutually exclusive. 
Accordingly, sources subject to CAA section 112 standards are not OSWI 
units. Absence of regulation under CAA section 112, however, is not 
determinative of whether a unit is subject to the final OSWI rules.
    Moreover, we do not agree that the ``small power production 
facilities'' or ``qualifying cogeneration facilities'' described in CAA 
section 129(g)(1) are the only types of energy recovery facilities that 
are properly excluded from the OSWI category. We do not read section 
129(g)(1) to establish an exclusive list of excluded sources. (See 
National Wildlife Federation v. Gorsuch, 693 F.2d 156, 172 
(D.C.Cir.1982) (use of the term ``includes'' allows for additional, 
unstated meanings); Chemehuevi Indian Tribe v. California St. Bd. of 
Equalization, 757 F.2d 1047, 1054 (9th Cir.1985), rev'd on different 
grounds, 106 S.Ct. 289 (1985) (``includes'' is a term of enlargement, 
not of limitation); United States v. Huber, 603 F.2d 387, 394 (2d Cir. 
1979), cert. denied, 100 S.Ct. 1312 (1980) (use of the word 
``includes,'' rather than a more restrictive term such as ``means,'' 
indicates that the list is not exhaustive but merely illustrative).)
    As stated earlier, the final OSWI rules regulate IWI and VSMWC 
units. However, we determined that some subclasses of OSWI units should 
be handled differently due to unusual circumstances (e.g., unique 
geographic locations or climatic factors, temporary emergency use) that 
would prevent owners or operators of these units from having a feasible 
alternative waste disposal method. The availability of technically and 
economically feasible waste disposal alternatives is important because, 
as stated in the preamble to the proposed rules, CAA section 129 rules 
must contain testing, permitting, monitoring, recordkeeping, and 
reporting requirements. These requirements alone would easily double or 
triple the cost of operating a smaller incinerator like those covered 
by the final OSWI rules. Therefore, we expect CAA section 129 rules 
(even if they did not require air pollution controls) to force many 
incinerators to shut down and utilize alternative waste disposal 
options. However, for unique subclasses of units where such 
alternatives are not available, compliance with a rule would be 
infeasible yet shutdown of these units also is not an acceptable 
alternative. We excluded certain such subclasses from the final OSWI 
rules for the reasons described in the preamble to the proposed rules 
and in responses to comments. Of course, EPA and States may still 
regulate these subclasses under other provisions of the CAA, as 
necessary. (See CAA section 110(a)(2).)
2. Units With Energy Recovery and Other Types of Combustors
    Two commenters questioned the rationale of excluding incinerators 
(one commenter specified IWI units) with energy recovery from the 
definition of solid waste incinerators, and believe that an incinerator 
burning waste should be regulated as a waste

[[Page 74876]]

incinerator, no matter how the produced heat is used.
    First, we note that the energy recovery comment applies to IWI 
units, as all VSMWC units, with or without energy recovery, are subject 
to the final OSWI regulations. Those MWC units that recover energy 
serve dual purposes: (1) The disposal of municipal solid waste, and (2) 
energy recovery from the combustion of the waste. As a result of these 
dual purposes, MWC units are often boilers by design. The inclusion of 
a specific definition of ``municipal waste'' in CAA section 129 and 
other indications of Congressional intent support EPA's position that 
all MWC units should be regulated under section 129 of the CAA 
regardless of whether the MWC unit serves another purpose. The 
regulatory boundaries established in the rules for the large and small 
MWC units are quite clear that MWC units, regardless of their 
configuration, are regulated under section 129 of the CAA. Our intent 
is to maintain this interpretation in our regulation of VSMWC units 
under the final OSWI regulations. In summary, VSMWC units that are 
incinerators without energy recovery, incinerators with waste heat 
recovery, and boilers are all regulated under the final OSWI rules. See 
below for further discussion.
    The regulatory boundaries for IWI units, however, are not clearly 
defined by the CAA. As we have discussed, for the IWI subcategory of 
OSWI, EPA must define which types of sources should be included in the 
subcategory. In the process of developing the OSWI rules, developing 
the boilers NESHAP (promulgated at 69 FR 55218, September 13, 2004), 
developing rules for area source boilers, promulgating requirements for 
electric utility steam generating units (70 FR 28606, May 18, 2005), 
and establishing rules applicable to other combustion sources, EPA must 
map the regulatory boundaries that identify which units are subject to 
section 129.
    The distinction between IWI units and non-IWI combustion units is 
not readily apparent. For example, there is general agreement that coal 
that is combusted in a boiler is not waste, because coal is commonly 
thought of as a fuel. However, there are many other materials that are 
burned in institutional boilers for energy recovery. Such materials 
could include wood, paper, other biomass, plastics, and other items. 
Combustion of such materials, when burned in a boiler with energy 
recovery, is addressed under CAA section 112 regulations for boilers. 
EPA has determined that for purposes of the IWI subcategory of OSWI 
units, the critical consideration in determining whether the unit is 
burning institutional waste is the primary function of the combustion 
unit; and the primary indicator of function is whether or not a unit is 
designed and operated for energy recovery. On one hand, boiler units 
are specifically designed to recover the maximum amount of heat from 
combustion of a material. The boilers NESHAP covers combustion units at 
institutional facilities that burn solid materials and recover heat in 
the combustion firebox. Incineration units, on the other hand, are 
designed to discard materials by burning them at high temperatures and 
leaving as little residue as possible. Although incineration units do 
not have energy recovery in the combustion firebox, they may be 
followed by waste heat recovery units. Combustion units at 
institutional facilities that burn solid materials and do not recover 
heat in the combustion firebox, but do recover waste heat from the hot 
combustion gases following the combustion firebox, would not be covered 
by the boilers NESHAP. Waste heat recovery units are designed to cool 
the exhaust gas stream from an incineration unit, and/or recover, 
indirectly, the useful heat remaining in the exhaust gas. The presence 
of a waste heat recovery unit on the exhaust gas does not change the 
fact that the unit combusting the material is primarily an incineration 
unit burning waste for disposal purposes. EPA does not consider it 
appropriate to regulate such units as boilers. Therefore, we have 
determined that IWI units are those units that combust materials with 
only waste heat recovery (i.e., heat recovery outside of the combustion 
firebox) or without energy recovery.
    Our focus on the primary function of the unit to identify 
institutional waste is consistent with the provisions in section 129 of 
the CAA that apply to MWC units. In section 129, Congress specifically 
defined municipal waste as ``refuse (and refuse-derived fuel) collected 
from the general public and from residential, commercial, 
institutional, and industrial sources * * *.'' (See 42 U.S.C. section 
7429(g)(5).) This definition goes on to list specific materials 
included in municipal waste and exclude incineration units combusting 
30 percent or less municipal waste from the MWC standards. This 
definition of municipal waste provides more specific meaning to the 
phrase ``solid waste * * * from the general public'' set forth in 
section 129(g)(1) of the CAA. Based on the definition of municipal 
waste in section 129(g)(5), EPA has interpreted section 129 to cover 
all MWC units, including waste-to-energy facilities that have energy 
recovery as part of their integral design. When CAA section 129 was 
developed, EPA had already taken steps to promulgate new source 
performance standards and emissions guidelines for MWC units under 
section 111 of the CAA. Thus, by defining ``municipal waste'' in this 
manner in section 129(g)(5), Congress determined that MWC units should 
be regulated as under section 129 even if the MWC unit serves another 
purpose (e.g., energy recovery). This determination is consistent with 
our approach in the final OSWI rules because a primary function of a 
MWC unit is waste disposal.
    In contrast, Congress did not define ``other solid waste 
incineration unit'' or other types of ``waste.'' Thus, the CAA is 
ambiguous regarding whether every unit that burns material for energy 
recovery should be regulated under section 129 of the CAA. We have 
interpreted the CAA to allow EPA to consider the primary function of 
the combustion units in making the determination of whether particular 
units should be subject to CAA section 129. For reasons discussed 
earlier, this question is harder to answer in the context of 
institutional facilities where certain combustion units have been 
historically considered boilers, rather than incinerators, based on the 
combustion of solid materials commonly regarded as fuels. However, in 
the case of municipal waste combustors, there has been little or no 
disagreement among industry, government agencies, and environmental 
groups on the meaning of MSW and the fact that the section 129 rules 
cover all MWC units. Thus, we did not have to address this issue at 
length in the MWC rules. (See 69 FR 7394, n.5.)
    One of the commenters also contended that EPA has not proposed 
standards for all solid waste combustion technologies. The commenter 
listed pyrolysis, thermal oxidation, catalytic cracking, plasma arcs, 
catalytic oxidation, flameless thermal oxidizers, and gasification as 
technologies that have been used to combust solid waste, despite not 
having the name ``incineration.''
    EPA notes that the commenter did not provide any details regarding 
these other technologies or the materials that are processed by these 
technologies. Some of these types of units may well be covered under 
the CAA section 129 final OSWI rules. For example, pyrolysis/combustion 
units (two chamber incinerators with a starved air primary chamber 
followed by an

[[Page 74877]]

afterburner to complete combustion) within the VSMWC and IWI 
subcategories are considered OSWI units. In addition, thermal 
oxidizers, catalytic oxidizers, and flameless thermal oxidizers, if 
used to combust solid waste, could be subject to the final OSWI rules 
or other section 129 rules if they meet the appropriate applicability 
requirements. It is important to note, however, that these types of 
units often are used to combust uncontained gases (generally from 
industrial processes) and are not used to dispose of solid waste. Such 
units would not be subject to the final OSWI rules. The other types of 
units mentioned by the commenter appear to be either: (1) part of 
industrial processes (e.g. catalytic cracking) and are regulated under 
CAA section 112 and other standards for the specific industrial 
process; (2) noncombustion thermal technologies that operate with an 
external heat source (e.g. plasma arc); or (3) technologies that are 
specifically designed to prevent combustion reactions, and, instead are 
used to produce fuel or chemical feedstocks via controlled chemical 
reactions (e.g. gasification). Any of these technologies that are used 
to process hazardous waste are excluded from CAA section 129, and any 
of these technologies that are regulated as site remediation units 
under CAA section 112 are also not subject to section 129.
3. Potential OSWI Subcategories Where No Units Could Be Identified
    One commenter contended that EPA's failure to identify any units 
burning manure or livestock bedding, wood waste, or construction and 
demolition waste does not excuse EPA from setting emission standards 
for such units.
    EPA made significant attempts to identify incinerators in 
determining which types of sources to regulate under the final OSWI 
rules. As part of the industrial combustion coordinated rulemaking 
(ICCR), we sent a questionnaire to nearly 12,000 facilities identified 
as having a combustion unit (including boilers, heaters, and 
incinerators) burning non-fossil materials. This included every 
facility we could identify from Federal and State databases and 
stakeholder input. We received responses from the vast majority of 
these facilities, although many were no longer operating their 
incinerators. These responses provided design and operating information 
on over 1,100 combustion units burning wood. However, all of these 
sources were either boilers or process heaters with integral energy 
recovery that are being addressed under CAA section 112, or commercial 
or industrial incineration units that are appropriately regulated under 
CISWI. We are not aware of, nor has the commenter provided any 
information on, any other wood-fired units remaining for consideration 
as potential OSWI units.
    Similarly, a few units were identified that combust agricultural 
residues such as bagasse, rice hulls, etc. for the purpose of energy 
recovery, and, thus, are all boilers and are being addressed under CAA 
section 112. Prior to proposal of the OSWI rules, we updated the ICCR 
list of potential OSWI units by searching the latest version of the 
national emissions inventory (NEI), which contains the latest data from 
State databases and various Federal programs, for incineration units 
burning non-fossil materials. We also contacted State agriculture 
departments to request information on agricultural incineration; 
contacted trade associations; contacted incinerator vendors to 
determine what types of incinerators they have been selling and to what 
markets; and performed Web searches. After these extensive efforts, we 
were not able to locate any incineration units in several potential 
subclasses described in the preamble to the proposed rules. This result 
is not surprising because vendor contacts and feedback from facilities 
that used to operate OSWI units have shown us that the use of 
incineration for waste disposal is declining, especially where the 
units do not recover energy. Given our prior efforts to identify these 
types of units and the trends in incineration, we do not believe that 
these types of units currently operate. Furthermore, public commenters 
on the proposed rules have not provided specific information on any 
such sources. Because we are unable to locate such units and have no 
data on them, we are not, and indeed cannot regulate them at this time.
    Public commenters on the proposed rules have not provided any 
information demonstrating that there are agricultural waste 
incinerators, construction or demolition incinerators, or wood waste 
incinerators that are not boilers. EPA cannot set a standard under CAA 
section 129 without adequate operating, emissions, and control 
technology information for sources within the category. Thus, contrary 
to the commenter=s suggestion, EPA could not speculate or estimate and 
set a CAA section 129 standard Ajust in case.'' Therefore, because we 
are unable to locate any such units and have no data on how such 
hypothetical units, if used in the future, may operate, we are not 
including agricultural waste, construction or demolition, or wood waste 
incinerators as subcategories of OSWI.
4. Rural Institutional Waste Incinerators
    Two commenters suggested that the exemption for rural IWI units is 
too broad. One commenter contended that the locations proposed to be 
exempted include many areas where solid waste collection and disposal 
services are readily available at reasonable cost, and, therefore, the 
exemption is not justified. The commenter also contended that this 
raises questions regarding environmental justice, as the exemption 
implies that economically disadvantaged communities should have worse 
air quality standards because they are economically disadvantaged. 
Furthermore, the commenter pointed out that U.S. Government facilities 
(i.e., Department of Defense) do not have the limited tax base and, 
therefore, EPA's reasons for the rural exemption do not apply. Both 
commenters recommended that the rural exemption be narrowed further to 
include only those areas where landfills or other nonincineration 
options are not available or feasible.
    To address commenters' concerns, EPA is narrowing the rural IWI 
exclusion to apply only to those IWI units that are more than 50 miles 
from the boundary of the nearest MSA and where alternative disposal 
options are not available or are economically infeasible. In the final 
OSWI rules, there are provisions that specify how a facility may apply 
for this exclusion. For existing units, the application must be 
submitted to the Administrator at least 1 year before the final 
compliance date to ensure that there is adequate time for any 
additional dialogue necessary to determine if an exclusion is 
warranted, and, if the exclusion is denied, adequate time for the 
facility to install controls or otherwise arrange for disposal of their 
waste. For new units, the application must be submitted to and approved 
by the Administrator prior to initial startup.
    By narrowing the exclusion to include only those areas Awhere 
alternative disposal options are not available or are economically 
infeasible,'' we have addressed the commenter=s concern that we should 
not exempt sources located where waste disposal alternatives are 
available at a reasonable cost. Our analysis of remote institutional 
waste disposal costs indicates that a 50 mile distance to dispose of 
waste is approximately the distance where the costs of operating an 
incinerator (without control technology) would equal those of taking 
the waste to a landfill, transfer station, or small or

[[Page 74878]]

large MWC unit. As such, we believe that 50 miles from a MSA is a 
minimum point where institutional facilities would be able to make a 
legitimate case that they qualify for the exclusion. To clarify the 
geographical criteria, the MSA definitions that will be used as one 
component of the exclusion are based upon those found in AUpdated 
Statistical Definitions and Their Uses' OMB Bulletin 05-02, February 
22, 2005.
    We realize that, over time, population density changes may cause 
revisions to the definitions of MSA that would affect the rural status 
of a rural IWI unit. Furthermore, there may be situations where 
alternative waste disposal options become available such that the unit 
may not be able to demonstrate adverse economic impacts of using an 
alternative means of disposal or the IWI unit is no longer necessary to 
the institutional facility. To address these situations, we are adding 
provisions that require sources granted an exclusion as a rural IWI 
unit to reapply for the exclusion every 5 years following the date the 
exclusion is granted by the Administrator. If the Administrator finds 
that the IWI unit no longer qualifies for the exclusion, then the unit 
is given 3 years to comply with the requirements of the final OSWI 
rules.
    In response to the second issue put forth by the commenter, we 
disagree that we are implying that economically disadvantaged 
communities should have worse air quality. As we have discussed in the 
preamble to the proposed rules, some disposal alternatives to 
incineration, such as open burning, are worse for air quality than 
incineration. If the rural institutional facility is unable to afford 
compliance and there are no other disposal alternatives (e.g., 
landfills, MWC), then the facility may resort to open burning, 
littering, or dumping. Open burning presents not only air pollution 
problems, but can also lead to an increased likelihood of accidental 
fires. Littering and dumping pose problems such as potential 
contamination of streams or other water bodies, and attracting vermin 
and wild animals, which could contribute to disease transmission. The 
facility, in applying for the rural IWI exclusion, must make a case 
that suitable alternatives, such as landfilling or hauling waste to a 
MWC unit, are not available or are not economically feasible. Although 
we discussed concerns about the local tax base for school districts in 
the preamble to the proposed rules, it was but one reason for the 
exclusion which applies to all rural IWI units, not just those located 
at schools. Thus, other institutions (e.g., Federal facilities, 
churches) may apply for the exclusion, although we note that certain 
institutions with larger budgets may have a harder time showing that 
alternative waste disposal options are economically infeasible.
5. Alaskan Exclusion
    Three commenters requested that the exclusion for incinerators in 
isolated areas of Alaska be broadened. Two commenters expressed concern 
that the proposed rules do not exempt VSMWC units used to combust 
municipal-type waste generated at oil-field base operations facilities 
and remote camps on Alaskan oil fields.
    EPA stresses that the final OSWI rules apply only to VSMWC and IWI 
units, and they provide an exclusion for units used at solid waste 
disposal sites in Alaska that are classified as Class II or Class III 
municipal solid waste landfills. If the incinerators operated by the 
commenters meet the definition of VSMWC units and are used at solid 
waste disposal sites in Alaska that are classified as Class II or Class 
III municipal solid waste landfills, then they would be excluded from 
the final OSWI rules. We have insufficient information about the units 
operated by these commenters (e.g., operating at an oil exploration 
site or oil-field base camp) to determine if they are VSMWC units, but 
they appear to be operated by industrial or commercial entities and 
would likely not meet the definitions of a VSMWC or IWI unit in the 
final OSWI rules. To be a VSMWC unit under the final OSWI rules, the 
incinerator must be burning municipal solid waste collected from 
multiple sites. To be an IWI unit under the final OSWI rules, the 
incinerator must be located at an institutional facility (i.e., land-
based facility owned and/or operated by an organization having a 
governmental, educational, civic, or religious purpose) and be burning 
waste generated at that institutional facility. Incinerators at an 
industrial or commercial facility that burn only waste generated on 
site at that facility are not VSMWC or IWI units. If the commenter's 
units are not VSMWC or IWI units, they would not be subject to the 
final OSWI rules. We recognize that the final CISWI rules do not 
currently cover commercial/industrial-owned/operated incinerators that 
burn only municipal-type waste. EPA intends to address regulation of 
such combustion units under future revisions to the final CISWI rules.
    A commenter also expressed concern that the proposed definitions of 
institution and institutional waste are excessively restrictive and do 
not fit the unique situations that arise in Alaska. The commenter gave 
examples such as the existence of Aunorganized'' boroughs that have no 
local government or tax base.
    EPA's understanding of the local government structure in Alaska is 
that there are two types of local government structures: boroughs and 
unorganized areas. Boroughs, like counties, are collections of one or 
more municipalities joined in a regional government. Unorganized areas 
are the non-borough areas where there is either (1) no intermediate 
government between the State and the tribal, village, or city council, 
and local government is strictly at the municipal level or (2) no 
governing body other than the State. We have provided an exclusion for 
units used at solid waste disposal sites in Alaska that are classified 
as Class II or Class III municipal solid waste landfills. The State of 
Alaska does not consider the local government structure in determining 
the class of a municipal solid waste landfill or waste disposal site. 
The Class II and III determinations are based on the anticipated waste 
volume and location of the waste disposal site. Further, the 
incinerators that dispose of municipal solid waste Acollected from'' 
these boroughs and unorganized areas would be VSMWC units, rather than 
IWI units, so the commenter's concerns regarding the definitions of 
institution and institutional waste with respect to incinerators 
serving these local government structures are not relevant.
    We would also like to clarify that an incinerator operated by a 
commercial entity that is burning municipal solid waste that is 
Acollected from'' multiple residences and any local businesses would be 
considered a VSMWC unit subject to OSWI regulation, provided that it 
had a capacity of less than 35 tpd of municipal solid waste. This 
situation is quite common among the small and large MWC units, as 
several municipalities have contracted or partnered with commercial 
operators in the construction and operation of their local MWC 
facility.
    In summary, the final OSWI rules apply only to VSMWC and IWI units. 
As previously described, we have provided an exclusion for units used 
at solid waste disposal sites in Alaska that are classified as Class II 
or Class III municipal solid waste landfills, as well as an exclusion 
for rural IWI units (for IWI located more than 50 miles from the 
boundary of the nearest MSA and where alternative disposal options are 
not available or are economically infeasible). These exclusions fully 
address small OSWI units in remote areas of Alaska that do not have

[[Page 74879]]

technically or economically feasible disposal alternatives, so the 
concerns raised by the commenters are addressed in the final OSWI 
rules.
6. Temporary-Use Incinerators
    Exclusion Requirements. Commenters contended that the proposed 
requirements for temporary-use incinerators used in disaster recovery 
are too lax and invite abuse. The commenters pointed out that the 
Stafford Act, which provides for a State of Emergency or a major 
disaster to be declared by a State government or the President of the 
U.S., does not contain any provisions for declaring that the State of 
Emergency or disaster has ended. As such, under the proposed rules, 
these incinerators arguably would be allowed to operate indefinitely 
without any restrictions. One of these commenters contended that, under 
the proposed rules, operators of portable incinerators could declare 
Aemergencies' or Adisasters' at their discretion, and travel from place 
to place burning any sort of debris without any pollution controls, 
restrictions of location, or public and agency notification 
requirements. Another commenter stated that the exemption would allow 
an uncontrolled unit to operate for up to 8 weeks without adequate 
cause or approval from the proper authority and suggested earlier 
notification.
    EPA agrees that incinerator owner/operators should not be allowed 
to declare their own Aemergencies' and that was not our intent. We have 
adjusted the rules as proposed to exclude temporary-use incinerators 
used to combust debris for a limited period of time from most 
requirements of these subparts only if they are used in areas that have 
been declared a State of Emergency by a State or local government, or 
if the President, under the authority of the Stafford Act, has declared 
that an emergency or major disaster exists in the area. The inclusion 
of local disaster area declarations in this exclusion encompasses those 
disasters that severely affect a municipality or county and require the 
local government to undertake disaster recovery actions, but where the 
economic losses are not large enough or sufficiently widespread to 
require extensive State or Federal financial assistance.
    EPA also agrees that some notification and oversight should be 
required to avoid temporary-use incinerators being operated 
indefinitely in areas that are declared States of Emergency by the 
State, local or Federal government. The final rules require that 
operators of temporary-use incinerators combusting debris in declared 
emergency or disaster areas notify the Administrator if it is necessary 
for the units to combust debris within the boundaries of a given 
emergency or disaster area for more than 8 weeks from the date the 
units began operation, and request permission to continue to operate. 
EPA's intent is that if a unit is used during a period that begins on 
the date the unit started operation and lasts 8 weeks or less, then 
that unit is excluded from the requirements of the final rules. A unit 
that operates intermittently for 8 weeks or less over a period longer 
than 8 weeks from the date the unit started operation (e.g., over a 12-
week period) does not meet the requirement for exclusion.
    The notification must be submitted in writing by the date 8 weeks 
after the temporary-use incinerator begins operating within the 
boundaries of the current emergency or disaster area. The notification 
must contain the date the incinerator began operation within the 
current emergency or disaster area, identification of the disaster or 
emergency for which the incinerator is being used, a description of the 
types of materials being burned, information on the size and design of 
the incinerator, the reasons the incinerator must be operated for more 
than 8 weeks, and the additional amount of time for which permission to 
operate is requested, including a date for ceasing operation. Upon 
submittal of the notification, the temporary-use incinerator 
automatically may operate for another 8 weeks (a total of 16 weeks from 
the date the unit started operation). At the end of 16 weeks, the 
temporary-use incinerator must cease operation or comply with the OSWI 
emission limits and other requirements of the final OSWI rules unless 
the Administrator has approved the request to continue operation.
    Given these changes, 16 weeks will be the maximum length of time a 
temporary-use incinerator can operate in a given area declared a State 
of Emergency or major disaster without specific permission to continue 
operation from the Administrator. The approval of the request to 
continue operating must establish a site-specific date to cease 
operation. We have chosen this approach, rather than setting a uniform 
maximum amount of time because a case-by-case approval process allows 
EPA and States to set the appropriate time limits for the specific 
situation.
    We decided that the notification should be provided within 8 weeks 
after the start of operation to be consistent with the timing in the 
proposed rules for areas that had not been declared emergencies or 
major disasters by the State or Federal government. In emergency 
situations, quick removal of debris is of utmost importance to maintain 
public health and safety, and temporary-use incinerators may be best 
suited to dispose of debris. We have elected not to regulate 
incinerators used on a short-term basis to recover from an emergency or 
disaster under the final OSWI rules, because regulation would hinder 
the recovery effort and this impact would outweigh the benefits from 
regulation of the units. Recent events in the Gulf States due to 
Hurricanes Katrina, Rita, and Wilma have illustrated the importance of 
immediate recovery action following a disaster. This proactive 
approach, which addresses the terms for use of a temporary-use 
incinerator during declared emergencies or disasters, is better than an 
approach that requires EPA and others to react during or immediately 
after such an emergency or disaster strikes. We also point out that 
States and the Federal government have specific procedures that are 
followed in declaring an area a State of Emergency or a major disaster 
area. Their procedures involve extensive involvement by local, State, 
and Federal officials to conduct a preliminary damage assessment, 
develop debris removal plans, and coordinate and manage disaster 
assistance activities. Further information on the processes can be 
found on individual State Web sites and on the Federal Emergency 
Management Agency (FEMA) Web site (http://www.fema.gov). Given that 
there is already a coordination process and we do not intend to 
regulate temporary-use incinerators operated for 8 weeks or less, an 
earlier notification requirement in the final OSWI rules is not 
necessary or productive.
    Finally, in responding to a separate comment regarding air curtain 
incinerators, we reviewed and clarified the exclusions for which air 
curtain incinerators may qualify. In doing this review, we realized 
that air curtain incinerators were not specifically mentioned in the 
exclusion for temporary-use incinerators used in disaster or emergency 
recovery efforts. To remedy this, we are clarifying that the temporary-
use incinerators used in disaster or emergency recovery efforts 
exclusion includes air-curtain incinerators used for these purposes. We 
realize that air curtain incinerators may be particularly useful in 
disaster recovery efforts, and intend that they may also qualify for 
this particular exclusion.
    Control Feasibility. Another commenter contended that EPA has not

[[Page 74880]]

explained why it is infeasible for temporary-use incinerators to 
include air pollution controls or how requiring controls would delay 
commencement of operation. Therefore, the commenter concluded, EPA has 
provided no basis for the assumption that controlling emissions from 
temporary-use incinerators would hinder recovery efforts.
    Declared States of Emergency and major disasters are, by 
definition, serious events. In emergency situations, quick removal of 
debris is of utmost importance to maintain public health and safety. 
Depending on the type of emergency and the local situation, there may 
be no reasonable and safe alternatives to incineration. Regulation, 
under the final OSWI rules, of temporary-use incinerators used for 
disaster recovery efforts would discourage use of such incinerators, 
potentially hindering recovery efforts and impairing public health and 
safety. The emission limits in the final OSWI rules are based on wet 
scrubbing for any IWI and VSMWC units other than air curtain 
incinerators burning only clean lumber, wood waste, and yard waste. The 
annual cost of a wet scrubber and the monitoring, recordkeeping, and 
reporting required by the rules (including annualized capital cost of 
the scrubber and monitoring equipment, and annual operation and 
maintenance (O&M), permitting and reporting costs) may be more than six 
times the cost of owning and operating an uncontrolled incinerator. 
Even if the final OSWI rules were to require no add-on control of such 
incinerators, it is estimated that the annual cost of the testing, 
monitoring, recordkeeping and reporting required by CAA section 129 
could more than quadruple the cost of owning and operating the 
incinerator. These sharp increases in regulatory compliance costs 
relative to the current cost of incineration would discourage use of 
incinerators. Furthermore, as evidenced by the recent recovery efforts 
due to Hurricanes Katrina, Rita, and Wilma, the water supply, handling 
and treatment capabilities required to operate the wet scrubber may be 
unavailable for long periods of time in the disaster areas, while the 
need for recovery is immediate. In such situations, the incinerator 
cannot stand idly by while awaiting ancillary services to operate the 
scrubber.
    We also point out that the exclusion for emergency cleanup 
activities of short duration is not unique to the final OSWI rules. 
Other CAA programs and rules recognize the need to make allowances for 
similar situations. For example, the site remediation NESHAP (40 CFR 
part 63, subpart GGGGG) provide an exclusion for site remediation 
activities that are completed within 30 consecutive calendar days. The 
preamble for the proposed rule explained that, ``This exemption is 
intended to apply to contamination commonly caused by a spill where the 
cleanup is initiated soon after the spill event and is of very short 
duration (i.e., typically 30 days or less). The purpose of this 
exemption is to encourage prompt attention to remediating contaminant 
spills and leakages'' (67 FR 49407, June 30, 2002). Similarly, the OSWI 
exclusion of temporary-use incinerators encourages prompt clean-up of 
debris from emergencies and disasters and excludes only temporary-use 
incinerators that operate for a limited period of time within a 
declared disaster area.
7. Sewage Sludge Incinerators
    Two commenters were unsure how the proposed rules treat sludge 
incinerators. Both commenters requested that EPA clarify if, and how, 
commercial and municipal sludge incinerators are addressed by the final 
OSWI standards.
    Sewage sludge incinerators (SSI) are a source category that is 
being addressed under CAA section 112. As early as April 2000, EPA 
indicated that it no longer intended to regulate SSI under section 129 
of the CAA:

    The Agency has decided not to regulate sewage sludge 
incinerators as a category under Section 129 of the Clean Air Act * 
* *. The Agency believes that sewage sludge generated by publicly-
owned treatment works (POTWs) and combusted in SSIs is ``solid 
waste.'' However, this sludge is from a municipal source, and not 
from ``commercial or industrial establishments or the general 
public.'' Therefore, SSIs that combust this sludge are not ``solid 
waste incineration units'' and section 129 does not apply to them. 
Virtually all of the SSIs that would be candidates for regulation 
combust sludge from POTWs, and thus are not covered under Section 
129.

(Unified Agenda, 65 FR 23459-01 (April 24, 2000).) In addition, EPA's 
intent to regulate these sources under CAA section 112 was made clear 
when SSI were included as an additional area source category listed 
pursuant to CAA sections 112(c)(3) and 112(k)(3)(B)(ii) in the June 26, 
2002 Federal Register (67 FR 43113). As discussed previously, source 
categories regulated by CAA section 112 may not also be subject to a 
CAA section 129 regulation. In previous regulatory activities, EPA was 
unable to identify any SSI that were major sources. (See 67 FR 6521, 
February 12, 2002.) Therefore, the entire SSI source category consists 
of area sources, and will be addressed by the CAA sections 112(c) and 
112(k) regulations. Sewage sludge incinerators do not meet the 
definitions of IWI or VSMWC units in the final OSWI rules and, thus, 
are not regulated as OSWI units.
8. National Security Incineration Units
    In the preamble to the proposed OSWI rules, EPA requested comment 
on whether a subclass of IWI units that burn national security 
documents should be excluded from the final OSWI regulations. Three 
commenters opposed excluding incinerators that burn national security 
documents from regulation and contended that EPA did not explain or 
justify the reason to exclude these units. However, another commenter 
expressed concern that there could be situations in which the only 
viable alternative for the destruction of classified materials would be 
the use of an OSWI unit. Another commenter requested EPA provide an 
exclusion to the final OSWI rules for units used for sanitization of 
classified or otherwise sensitive materials by the U.S. Armed Forces, 
the Department of Energy, and other similar agencies.
    We have determined that any IWI units used solely during military 
training field exercises to destroy national security materials 
integral to the field exercises are not subject to the final OSWI 
rules. We have determined that an outright exclusion for other IWI 
units used to destroy national security materials will not be provided 
in the final OSWI rules. However, the final rules contain provisions 
such that individual sources may apply for this type of exclusion as 
necessary. We understand that mechanical destruction or other 
alternatives to incineration are available for most, if not all, 
categories of national security materials. Thus, we think that, as a 
general matter, few incineration units will meet this exclusion on a 
long-term basis. Nonetheless, this exclusion is needed for two reasons. 
First, the government could change the acceptable means of disposing of 
one or more types of national security materials in the future. Second, 
there may be unexpected circumstances when mechanical or other 
alternative means of destruction are temporarily unavailable, requiring 
the use of backup incineration units during those periods. To be 
granted an exclusion, a source/governmental entity must demonstrate 
that the unit is used solely to incinerate national security materials 
and that a reliable alternative to ensure acceptable destruction of 
national security materials is unavailable on either a permanent or

[[Page 74881]]

temporary basis. An ``acceptable'' level of destruction is one that 
meets applicable regulations, guidelines, or instructions for the 
destruction of national security materials. For existing units, the 
request must be submitted to the Administrator prior to 1 year before 
the final compliance date, and the Administrator will either grant or 
deny the request for exclusion. For new units, the request must be 
submitted to and approved by the Administrator prior to initial 
startup. The final rules contain specific provisions for applying for 
this exclusion.
9. Various Other Applicability Issues
    Cyclonic Burn Barrels. One commenter asked if cyclonic burn barrels 
are subject to the OSWI regulations. The commenter recommended that EPA 
explicitly include these devices as regulated entities subject to all 
the requirements of the final OSWI regulations.
    It was our intent to regulate cyclonic burn barrels that meet the 
definition of an IWI unit or VSMWC unit under the final OSWI rules. An 
IWI unit is a combustion unit, regardless of size, located at an 
institutional facility (i.e., land-based facility owned and/or operated 
by an organization having a governmental, educational, civic, or 
religious purpose) that burns solid waste generated at that 
institutional facility. A VSMWC unit is a combustion unit that has the 
capacity to burn less than 35 tpd of municipal solid waste collected 
from residential, commercial, institutional, and industrial sources. We 
agree that cyclonic barrel burners are a type of incinerator because 
they provide an enclosure (barrel) in which the waste is burned and 
include a fan to provide high-velocity air flow and an exhaust outlet, 
and we did not exclude them in the proposal. To clarify our intent to 
regulate this type of OSWI unit, we are including ``cyclonic burn 
barrel'' as another example of an incinerator design in the final 
rules' definitions of IWI unit and MWC unit. We would like to note that 
the final OSWI rules regulate only IWI and VSMWC units. For example, if 
a cyclonic burn barrel is used at a commercial or industrial facility 
to burn commercial or industrial solid waste, then it would not be 
subject to the final OSWI rules.
    Human Crematories. Two commenters objected to the exemption of 
human crematories from the proposed rules. Both commenters argued that 
the incineration of human bodies emits significant quantities of 
mercury and other hazardous air pollutants. One commenter objected to 
EPA's conclusion that human bodies are not solid waste and noted that 
EPA defines solid waste under the SWDA as any ``discarded material.'' 
The definition also clarifies that a material is ``discarded'' if it is 
``burned or incinerated.''
    Clean Air Act section 129 regulations deal solely with solid waste 
combustion units. As noted in the preamble to the proposed rules, in 
considering the nature of human crematories, EPA has determined that 
the human body should not be labeled or considered ``solid waste.'' 
Therefore, human crematories are not solid waste combustion units, and 
are not a subcategory of OSWI for regulation.
    We disagree with the commenter's assertions that human bodies are 
discarded and that CAA section 129 rules must consider a material to be 
``discarded'' if it is ``burned or incinerated.'' The definition of 
``discarded'' referred to by the commenter is found in 40 CFR part 261, 
which defines ``hazardous waste'' for the purpose of implementing the 
hazardous waste program authorized by the SWDA. In defining ``hazardous 
waste,'' 40 CFR part 261 also defines ``solid waste'' and elaborates on 
the meaning of ``discarded,'' which is a term used in the definition of 
solid waste. However, in doing so, 40 CFR part 261 states explicitly in 
40 CFR 261.1(b)(1) that this definition of solid waste is only for the 
purpose of materials that are hazardous wastes. Much of the complexity 
and specificity of the 40 CFR part 261 definitions is needed to assure 
that hazardous waste is properly identified, tracked, transported, and 
disposed of, and is not inappropriately discarded or abandoned. The 40 
CFR part 261 details on the meaning of solid waste and discarded are 
not found in solid waste definitions within the Resource Conservation 
and Recovery Act (RCRA) rules pertaining to nonhazardous wastes (e.g., 
40 CFR part 240 through 40 CFR 259). The regulatory definitions of 
``solid waste'' and ``discarded'' found in 40 CFR part 261, therefore, 
do not apply to nonhazardous solid wastes. Section 129 of the CAA 
regulates only nonhazardous solid wastes. As described in previous 
Federal Register notices pertaining to the proposed and final CISWI 
rules (64 FR 67104, November 30, 1999 and 65 FR 75342, December 1, 
2000) EPA has adopted, under the joint authority of the CAA and RCRA, a 
definition of solid waste that is used solely to identify nonhazardous 
solid waste for the regulatory programs authorized by CAA section 129, 
such as the final CISWI and OSWI rules. The definition of discarded 
cited by the commenter is not applicable to CAA section 129 rules. 
However, as stated in the preamble to the proposed OSWI rules, if EPA 
or States determine in the future that human crematories should be 
considered for regulation, they would be addressed under other 
authorities.
    Animal Crematories. One commenter expressed support for the 
proposed decision to exclude animal crematories as a regulated 
subcategory of the proposed OSWI rules and supports the proposed 
exclusion of pathological waste incineration units. The commenter 
pointed out that the other alternatives to incineration, such as 
rendering, burial, composting or feeding of the carcass to exotic 
animals does not address the need for disposal of animal carcasses with 
an infectious disease. Another commenter contended that animal 
crematories are solid waste incineration units that must be regulated 
under CAA section 129.
    EPA has not changed our decision to exclude animal crematories and 
pathological waste incineration units, based on our analysis of their 
emissions and the adverse impacts that would occur if these units were 
regulated under the final OSWI rules, as fully described in the 
preamble to the proposed rules and in the response to comments 
document.
    Additional Possible Subcategories of OSWI Units. In the preamble to 
the proposed rules, we requested comment on whether other subclasses of 
OSWI units existed and if any special and/or extenuating circumstances 
existed that warranted their exclusion from regulation under OSWI. We 
received only one communication related to this request.
    The U.S. Coast Guard (USCG) informed EPA that they were concerned 
that the rules, as proposed, could be interpreted to include 
incinerators located on ships. According to the USCG, some of its 
largest cutter classes have small shipboard solid waste incinerators 
that are used to dispose of solid waste generated aboard ship while the 
ship is at sea. The USCG indicated that they believed these 
incinerators should not be subject to the final OSWI rules.
    It was never EPA's intent to regulate incinerators aboard USCG 
patrol ships or other ships, and EPA's analyses supporting the final 
OSWI rules have not included information about shipboard incinerators. 
Thus, EPA has not only replaced the definition of ``institution'' with 
``institutional facility'' to be consistent with terminology used 
elsewhere in the final OSWI rules, but we also have defined

[[Page 74882]]

``institutional facility'' to apply to land-based incinerators.
    We note that the use of wet scrubbers on ships raises the question 
of whether it is even technically feasible to locate wet scrubbers on 
ships (including the availability of fresh water for the scrubber 
systems), and, moreover, begs the question of how the ships would then 
dispose of the wastewater generated by the scrubbers. If a shipboard 
incinerator could not meet the standards, the incinerator would have to 
shut down. Yet, many ships have onboard incinerators to dispose of the 
solid waste generated on these ships while at sea (e.g., patrolling 
U.S. borders), without having to come into port or otherwise change 
their route in order to dispose of the solid waste using an alternative 
means.\2\
---------------------------------------------------------------------------

    \2\ In order to effectively police U.S. borders, help secure 
national security and carry out research activities, many of these 
ships must have the maximum flexibility to stay at sea as long as is 
necessary to accomplish their mission, with a minimum of disruption, 
such as having to come into port to dispose of solid waste.
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B. Definitions

1. ``Clean Lumber'' and ``Wood Waste'' Definition
    Two commenters suggested that the definitions of ``clean lumber'' 
and ``wood waste'' found in 40 CFR 60.2977 and 40 CFR 60.3078 should 
explicitly exclude manufactured wood products containing adhesives. 
Examples of such products include plywood, particle board, flake board, 
and oriented-strand board (OSB). One commenter noted that questions 
regarding whether manufactured wood products are considered ``clean 
lumber'' or ``wood waste'' continue to arise, and recommended that EPA 
improve the final rules by specifically excluding these adhesive-
treated wood products from the definitions of ``clean wood'' and ``wood 
waste.''
    These definitions are important in the final OSWI rules because 
there are reduced requirements for air curtain incinerators that burn 
only clean lumber or wood waste. We agree with the commenter, and our 
intent was to exclude wood products manufactured with adhesives and 
resins from the definitions of ``clean lumber'' and ``wood waste.'' The 
proposed definition of ``clean lumber'' excluded wood that has been 
painted, stained or pressure-treated; and the proposed definition of 
``wood waste'' limited wood waste to ``untreated'' wood and wood 
products, but did not specify the meaning of ``untreated.'' Adhesives, 
like paints, can contain hazardous pollutants and we did not intend for 
air curtain incinerators burning these materials to qualify for the 
reduced requirements. To clarify our intent, we have expanded the 
second sentence in the definition of clean lumber to state, ``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, or manufactured wood 
products that contain adhesives or resins (e.g., plywood, particle 
board, flake board, and oriented strand board).'' We have also revised 
the definition of ``wood waste'' by adding a fourth item to the list of 
items that wood waste does not include: ``(4) Treated wood and treated 
wood products, including wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote, or manufactured wood 
products that contain adhesives or resins (e.g., plywood, particle 
board, flake board, and oriented strand board).''
2. Municipal Solid Waste
    One commenter noted that the definition of MSW in the proposed OSWI 
regulations is not the same definition used in previous CAA section 129 
regulations (i.e., MWC regulations found in 40 CFR part 60, subparts 
Ea, Eb, AAAA, and BBBB). The commenter understands that EPA is using 
language from CAA section 129(g)(5) for the definition of MSW, but 
disagreed with the proposal's use of ``collected from'' in the 
definition of MSW. The commenter noted that units at apartment 
complexes or retail stores, or units located at industrial sites 
burning office paper are not covered as VSMWC units because of the 
``collected from'' language in the proposed OSWI rules, and they are 
not covered by the final CISWI rules. The commenter contended that this 
would leave a very important type of incinerator unregulated, noting 
especially incinerators located at grocery stores.
    We are retaining the proposed definition of ``municipal solid 
waste'' in the final OSWI rules to be consistent with CAA section 129, 
which defines ``municipal waste'' as ``refuse (and refuse derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber and other combustible 
materials and non-combustible materials such as metal, glass and rock * 
* * .'' To be a VSMWC unit that is subject to the final OSWI rules, a 
unit must combust waste that is ``collected from'' multiple 
establishments. Under this definition, incinerators owned/operated by 
commercial businesses, such as grocery stores or apartments, that burn 
waste generated on site rather than collected from multiple 
establishments are not considered VSMWC units and are not covered by 
the final OSWI rules.
    As the commenter points out, the final CISWI rules (40 CFR part 60, 
subparts CCCC and DDDD) currently exclude units burning MSW as defined 
in the final large and small MWC rules (40 CFR part 60, subparts Ea, 
Eb, AAAA, and BBBB). These other rules do not include the ``collected 
from'' language in their definitions of MSW. Therefore, the final CISWI 
rules currently exclude some industrial and commercial units that burn 
wastes such as paper, cardboard, and food wastes that are generated on 
site but are not associated with the manufacturing process. The 
commenter is concerned that such units will not be subject to any CAA 
section 129 rules. As stated in the preamble to the proposed OSWI rules 
(69 FR 71480, December 9, 2004), under the CAA section 129 definition 
of ``municipal waste,'' small incinerators that are located at 
commercial businesses (such as stores, restaurants and apartments) or 
industrial sites are not VSMWC units because they do not burn waste 
which has been ``collected from.'' Such units are properly addressed 
under the final CISWI rules, because of their location at commercial 
and industrial sites. EPA intends to address regulation of such 
combustion units under future revisions to the final CISWI rules.

C. MACT Floors and Emission Limits

1. MACT Floors
    New Units. One commenter stated that EPA must base floors on 
emission levels achieved by the best controlled unit, not on the 
technology that the unit uses or emission levels that EPA deems 
achievable with such technology, and contended that EPA did not 
consider the effect of waste composition on a unit's performance when 
setting the MACT floor for new units. The commenter argues that because 
EPA has not demonstrated that medical waste is comparable to the waste 
combusted in a VSMWC or IWI unit, EPA has not supported the assumption 
that the average performance of a medical waste incinerator equipped 
with a wet scrubber is representative of the actual performance of the 
best performing VSMWC or IWI unit.
    In the preamble to the proposed rules, we noted that EPA does not 
have emissions test data for the OSWI units

[[Page 74883]]

in the OSWI inventory. Therefore, we were unable to determine the best 
controlled OSWI unit based on OSWI emission levels. However, our OSWI 
inventory indicated that only one OSWI unit contained an add-on control 
device. This control device is identified as a ``medium efficiency wet 
scrubber.'' EPA utilized information on control devices to help 
categorize the category of similar units whose actual emissions data 
would then be used to set the floor (i.e., the best performing similar 
unit, or an incinerator equipped with a medium efficiency wet scrubber 
in this case). As we discussed in the preamble to the proposed rules, 
we do have emissions test data for HMIWI units, which are similar to 
OSWI units. Our emissions data for HMIWI indicates whether the unit is 
equipped with a wet scrubber, but does not indicate the efficiency 
(e.g., low, medium, or high) for which the scrubber is designed. 
Therefore, to develop emission limits that are representative of what a 
medium efficiency wet scrubber can achieve, we averaged all emissions 
data for HMIWI units equipped with wet scrubbers. In using this 
approach, we have also accounted for the variability of emissions 
testing for waste combustion units. Any single emission test is merely 
a ``snapshot'' of the emission level from the unit. The same unit 
tested a month later may have a lower or higher emission rate. Thus, 
selecting the best single emission test (the lowest ``snapshot'') does 
not reflect the emission limit that is continuously achieved over time. 
Taking the average of emission tests from multiple units of similar 
design with wet scrubbers accounts for the inherent variability of the 
data. By taking the average of all performance data, we have considered 
data from wet scrubber-equipped units that are both better than, and 
worse than, the proposed emission limits, but should nonetheless be 
continuously achieved by a unit equipped with a medium efficiency wet 
scrubber. For perspective, we also note that this floor analysis 
approach results in limits for most pollutants that are more stringent 
than the limits for HMIWI units and large and small MWC units.
    Although the data we used to develop the emission limits are from 
HMIWI units, the commenter does not contend that HMIWI and OSWI units 
are not similar in size, design, or operation. While the commenter 
argues that medical waste may not be comparable to MSW or institutional 
waste, they do not provide any data to support their concern or to 
demonstrate that emissions from OSWI units are lower than emissions 
from HMIWI units with the same control technology. To address these 
concerns, we have further considered the compositions of medical waste 
and MSW. Both types of waste contain a range of materials including 
paper, plastics, metal, glass, food waste, and other materials. 
However, within both categories there can be a wide variety of 
composition depending on the specific sources that generated the waste, 
geographic location, and any separation practices used prior to 
combustion. Given the variability within each waste type, we cannot 
conclude that incinerating one or the other would result in higher 
emissions. We find the wastes to be generally similar in composition 
based on the general types of materials contained in the waste and the 
very limited data available on the proportions of paper, plastic, 
metals, and other materials contained in the waste. Considering the 
similarities in combustion unit size, design, operations, and waste 
composition, we have determined that the emission levels actually 
achieved by HMIWI units equipped with wet scrubbers are an appropriate 
basis for setting the MACT floor for new OSWI units. Therefore, in the 
absence of emissions data on OSWI units, we have determined that HMIWI 
units are a similar source and we plan to continue to use the emission 
limits based on the HMIWI data as proposed, with the exception of 
revisions to the CO and HCl emission limits that were necessary to 
address other comments (discussed later in this section).
    Existing Units. In a comment similar to that for new units, one 
commenter stated that floors for existing units do not reflect the 
average emission level achieved by the best performing 12 percent of 
units in each category or subcategory. The commenter argued that EPA's 
MACT floor approach for existing units ignored the effect of waste 
input on emissions performance. As an example, the commenter 
specifically points out that the lead floor level of 4,300 [mu]g/dscm 
would be worse than the actual performance of an OSWI unit burning 
waste that did not contain lead, and that EPA has not provided any 
reason to believe that these units would burn any waste containing that 
level of lead.
    As previously stated, we do not have data on actual emissions from 
OSWI units, thus we had to use emissions data from similar, existing 
units. EPA utilized information on control devices used at the best 
performing 12 percent of existing OSWI units not to set the floor 
number itself (as the commenter suggests), but to help characterize the 
category of similar units whose actual emissions data would then be 
used to set the floor--small, uncontrolled, modular/starved air MWC 
units.
    With regard to the commenter's contention that, in determining the 
floor, EPA did not consider the effect of waste input on emissions 
performance, OSWI units combust diverse and heterogeneous mixtures of 
wastes. For example, VSMWC units burn MSW that contains metals 
including lead in varying amounts, and materials separation techniques 
cannot achieve complete removal of lead or other compounds. In setting 
emission limits for large and small MWC units under CAA sections 129 
and 111, EPA examined materials separation techniques and proposed 
materials separation requirements, but ultimately decided not to 
require materials separation prior to combustion. We stated that ``the 
variable and heterogeneous nature of municipal solid waste makes 
quantification of such emission reductions associated with removal of 
various materials technically infeasible'' (56 FR 5496, February 11, 
1991). Subsequent revisions of the section 129 large and small MWC 
rules in 1995, 1997, and 2000 also did not require materials separation 
or use it as the basis for determining the MACT floors. The same waste 
variability and materials separation considerations and constraints 
that applied in development of the final large and small MWC rules also 
apply to the final OSWI rules.
    We acknowledge that there are limited emissions data available for 
the floor level of control (i.e., uncontrolled two-chamber incineration 
units), but also point out that we have gone beyond the floor in the 
selection of emission limits based upon the use of a wet scrubber. From 
a practical standpoint, any potential change in the floor emission 
levels would not have any effect on the final emission limits selected. 
Therefore, we do not see a need to re-evaluate the floor emission 
levels used in our prior analysis because it would most likely not lead 
us to establish different MACT limits.
    Combined Subcategories. In the preamble to the proposed rules, we 
requested comment on whether we should combine the two subcategories 
(i.e., IWI and VSMWC) and determine a single MACT floor and emission 
limits for new OSWI units. Likewise, we made a similar request 
regarding combination of subcategories for existing units. We did not 
receive any public comments in response to these requests. We have not 
changed the subcategories or approach to determining the MACT floors.

[[Page 74884]]

2. Carbon Monoxide
    Two commenters considered the CO emission limit of 5 parts per 
million (ppm) (at 7 percent oxygen (O2)) to be 
unrealistically low. Another commenter contended that a medium 
efficiency wet scrubber cannot reduce CO to 5 ppm, as CO is not water 
soluble and water will not affect the concentration.
    We agree with the commenters' assertions that a wet scrubber is not 
an effective control device for CO emissions. As we have discussed 
previously, we used emissions test data for wet scrubber-equipped HMIWI 
units to develop the proposed emission limits for new and existing OSWI 
units. As one commenter observed, the CO emission limit for HMIWI is 40 
ppmv. The HMIWI emission limit was based on data from CO continuous 
emission monitoring systems (CEMS), and was determined to be the 
emission limit continuously achieved on a 12-hour rolling average 
basis. However, when we developed the proposed OSWI emission limits, we 
used performance test data from HMIWI units instead of CEMS data to 
develop CO and other pollutant emission limits. Although this approach 
for CO was simple and consistent with the other pollutants, it was not 
adequate to address the large quantity of data, including its 
variability, that was considered when the HMIWI CO emission limit was 
developed. Because CO is the only pollutant for which the final OSWI 
rules require CEMS for existing and new units, we are revising the 
emission limit to better account for the large volume of data generated 
by the CEMS and the amount of inherent variability that occurs when 
generating continuous data. The new CO limit is 40 ppmv over a 12-hour 
rolling average. This limit is consistent with a previously promulgated 
HMIWI emission limit for a source category similar to OSWI, and is also 
the lowest CO emission limit of any of the CAA section 129 rules.
3. Hydrochloric Acid
    One commenter believes the proposed HCl standard is unachievable 
and should be revised to no lower than 20 ppm because EPA Method 26A 
generally is not adequate for demonstrating compliance with an HCl 
standard below 20 ppm at sources with wet scrubbers.
    We have considered the commenter's assertion that EPA Method 26A is 
not adequate for demonstrating compliance with a HCl standard below 20 
ppm when sampling sources with wet scrubbers. Although it is not 
evident that there is an outright problem, we now have a more mature 
understanding of applicability of EPA Method 26A in certain 
environments. Therefore, we acknowledge that a tester may need to take 
certain precautions to ensure that there is no bias when sampling 
streams with HCl concentrations at or below the 3.7 ppmv emission limit 
as proposed. For example, there is the need to precondition the filter 
with stack gas because the filter may absorb, adsorb, or react with 
some of the HCl in the stack gas resulting in a number biased low. 
Water droplets may also affect the results of the test. Additional 
procedures may be required to eliminate any droplets within the 
sampling train. As we discussed previously, we used test data from wet 
scrubber-equipped HMIWI units to develop the proposed emission limits 
for OSWI units. Unfortunately, we do not know if the personnel 
conducting the HMIWI compliance emission tests that we used to develop 
the 3.7 ppmv proposed OSWI emission limit took special precautions to 
prevent a low bias when sampling and testing for HCl. To address this 
uncertainty in the data and the commenter's concerns, we are amending 
the HCl emission limits in the final OSWI rules to 15 ppmv. This is the 
same limit contained in the final HMIWI rules, and HMIWI units equipped 
with wet scrubbers are demonstrating compliance with a 15 ppmv limit.
    We also note that there were no public comments received on testing 
concerns for the 15 ppmv emission limit in the final HMIWI rules. 
Although this is higher than the proposed HCl emission limit, it is the 
lowest HCl emission limit of any CAA section 129 rule and is clearly 
achievable by wet scrubber-equipped units similar to OSWI units. To 
ensure that there is no bias in compliance test data, we are including 
provisions in the final OSWI rules that require sources to condition 
the filter before testing, and use a cyclone and post test purge if 
water droplets may be present.

D. Title V Operating Permits

1. Air Curtain Incinerators
    We received a number of comments regarding air curtain incinerators 
and the title V operating permit requirements of the proposed OSWI 
rules. The majority of these pertained to air curtain incinerators 
burning only wood waste, clean lumber, and yard waste. For instance, 
several commenters contended that the requirement for air curtain 
incinerators burning only wood waste, clean lumber, and yard waste to 
obtain a title V operating permit is not justified either legally or in 
terms of environmental outcome and is inconsistent with previously 
promulgated solid waste combustion regulations.
    We disagree with the commenters' conclusions and so noted in our 
response to similar comments in the final rule for the CISWI Federal 
plan (68 FR 57518, October 3, 2003). During proposal for the CISWI 
Federal plan, we clearly stated our interpretation that the CAA 
requires permitting under title V for sources subject to rules written 
pursuant to CAA sections 129 and 111. As is the case here, commenters 
questioned our position on this matter by contending that by not 
specifically referring to title V requirements in prior rulemakings, we 
were indirectly expressing our position that title V regulations were 
not applicable. To the contrary, we knew that 40 CFR part 70 or 40 CFR 
part 71 title V requirements would apply to any rules written under CAA 
section 129 or 111 and presumed no additional language was needed in 
those rules to convey the need to meet the title V requirements. Given 
prior comments to the effect that such presumptions were misplaced, we 
responded by first saying that we were specific in the proposal about 
the need for title V operating permits for air curtain incinerators 
subject to the CISWI Federal plan for the purpose of clarifying that 
need. We did so in order to clearly present EPA's view of such sources' 
title V obligations, and to answer questions such as those voiced by 
the prior commenters due to the absence of such specific language in 
the CISWI emission guidelines and NSPS. Those prior comments are 
similar to the comments now under discussion. At 68 FR 57527, we stated 
that EPA has consistently maintained that operating permits are needed 
for air curtain incinerators subject to NSPS and to State plans drafted 
pursuant to emission guidelines. However, communications we received 
following promulgation of the CISWI emission guidelines and NSPS 
pointed to the advisability of specifically clarifying the matter in 
the preamble to the CISWI Federal plan and in the final rule itself. 
Thus, to facilitate the application of title V to these sources, we 
specifically included in the CISWI Federal plan language describing the 
need for title V operating permits. To further eliminate any doubt as 
to the need for OSWI air curtain incinerators to obtain title V 
operating permits, as is the case for all other classes of air curtain 
incinerators, we clearly restated that requirement in 40 CFR 60.2994, 
subpart FFFF, as proposed.
    Two commenters concluded that the term ``solid waste incineration 
unit'' is

[[Page 74885]]

defined in CAA section 129(g)(1) to specifically exclude ``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.'' As a result, this means that permitting or other 
requirements applicable to ``solid waste incineration units'' in CAA 
section 129 do not apply to such air curtain incinerators in the same 
way that they do not apply to hazardous waste combustors, materials 
recovery facilities, and qualifying small power production facilities, 
all of which also are specifically excluded from the definition of 
``solid waste incineration unit.'' In addition to questioning EPA's use 
of authority under CAA section 129 to require title V operating 
permits, commenters were cognizant that in the Federal Register notice 
promulgating the CISWI Federal plan that we had also expressed an 
opinion that section 129 also invokes authority of CAA section 111, 
thus triggering the provisions of CAA section 502. Section 502 of the 
CAA requires that sources subject to section 111 must obtain title V 
operating permits. Commenters expressed a number of opinions about the 
interplay of CAA section 502 to the purpose of trying to make a case 
that the section 502 provision for exempting classes of nonmajor 
sources should be applied in the case of OSWI air curtain incinerators.
    EPA believes that a facility should have a title V operating permit 
in order to avail itself of the air curtain incinerator exclusion. 
Absent this exclusion and demonstrated compliance with the opacity 
limit therein, air curtain incinerators would be ``solid waste 
incineration units'' and, therefore, subject to a plethora of 
requirements under CAA section 129, including the requirement to obtain 
a title V operating permit. The initial step in effectuating the 
exemption is for EPA to use available statutory authority to establish 
applicable opacity limits. In this case, EPA clearly stated in the 
preamble to the proposed OSWI rules (69 FR 71482, December 9, 2004) 
that it is relying on the authority of CAA section 129 to establish 
these limits. Once EPA has established applicable opacity limits, it 
must have a mechanism for tracking compliance with the limit(s) and 
with the restrictions on the types of materials the air curtain 
incinerator unit in question can burn. The mechanism available through 
section 129 is an operating permit issued in accordance with title V of 
the CAA. Congress clearly evidenced an intent to require all units 
subject to requirements established pursuant to CAA section 129 to 
obtain a title V operating permit in enacting section 129(e) of the 
CAA, thus it is appropriate for EPA to use such permits to ensure that 
units which claim to be entitled to the benefit of the provision in 
section 129(g)(1) are in fact so entitled.
    Two commenters requested that EPA acknowledge a distinction between 
air curtain incinerators that are ``portable'' and those that are 
``stationary.'' One commenter noted that in the States that are using 
this approach, the ``portable'' unit is brought to a site and used on 
waste material generated on that site and a ``stationary'' unit has 
waste material brought to the unit from off site. The commenter 
suggested that ``portable'' applications should be subject to a simple 
permitting process that is no more complicated than an open burning 
permit. The other commenter asked that EPA clarify its position on 
whether air curtain incinerators are temporary or stationary sources.
    First, regardless of whether an air curtain incinerator subject to 
CAA section 129 is transported from site to site or is used at the same 
site on a continuous basis, it is considered a stationary source under 
40 CFR part 70 and 40 CFR part 71 and is required to obtain a title V 
operating permit. Air curtain incinerators that are transported from 
site to site are considered temporary sources as long as their 
operations are temporary and they are moved at least once during the 
term of their permits. (See 40 CFR 70.6(e) and 40 CFR 71.6(e).) 
Temporary-use incinerators (whether they are air curtain incinerators 
or other types of incinerators) used in disaster recovery and that meet 
the requirements of 40 CFR 60.2969 or 40 CFR 60.3061 are not, however, 
required to obtain a title V operating permit. This is because the 
exclusion-allowing provisions noted above (or a section 111(d) plan 
developed pursuant to them) do not trigger the requirement to apply for 
a title V permit. If the requirements in 40 CFR 60.2969 or 40 CFR 
60.3061 are met, only temporary-use incinerators that are otherwise 
subject to title V permitting would be required to apply for and obtain 
a title V permit.
    As to the commenter's concern regarding the process for permitting 
air curtain incinerators which are temporary sources, a permitting 
authority may issue a single permit to the owner or operator of these 
incinerators, thereby authorizing emissions by the same source owner or 
operator at multiple temporary locations. (See section 504(e) of the 
CAA and 40 CFR 70.6(e) and 40 CFR 71.6(e).) In order to track the 
location of temporary sources, the owners or operators of these sources 
must notify the relevant permitting authority at least 10 days in 
advance of each change in location. For more information regarding the 
requirements for temporary sources, see the statutory and regulatory 
cites noted above.
    As mentioned earlier, there were a number of comments on air 
curtain incinerators and title V operating permits. While the above 
discussion covers the majority of the issues regarding these units and 
title V requirements, we encourage interested parties to review the 
response to comments document for a complete discourse on the title V 
comments we received and our response to those comments.
2. Unit Closure and Title V Operating Permits
    One commenter expressed a concern that units planning to close 
within the 3 years allowed by the proposed emission guidelines would 
potentially have to apply for title V operating permits. The commenter 
asked EPA to clarify in the final rules that sources either need to 
close by the time their title V permit application is due or that a 
title V permit application is not required for sources closing by the 
final compliance date.
    The timing of title V permit application deadlines is established 
by law (see sections 129(e), 503(c), 503(d), and 502(a) of the CAA). As 
such, EPA has no authority to exempt from this requirement sources 
planning to close. Sources planning to close after the permit 
application deadline may continue operations until the closure deadline 
as long as the permit application deadline is met. Sources cannot 
legally operate after the initial title V permit application deadline 
without having submitted a complete title V application by this 
deadline (see CAA section 503(c) and 40 CFR 70.5(a)(1)(i), 
71.5(a)(1)(i), 70.7(b), and 71.7(b)). Sources planning to close can 
explain the procedures and timing associated with their closures in 
their title V permit applications. Such an explanation will provide the 
permitting authority with much needed information and will allow the 
permitting authority to take an anticipated closure into account as it 
drafts the source's title V permit.

[[Page 74886]]

E. Testing

    One commenter noted that air curtain incinerators normally operate 
for a few weeks at any one project site. For these units, the commenter 
noted that the proposed rules require an initial test for opacity 
within 180 days after the final compliance date and annual tests to be 
conducted no more than 12 months following the date of the previous 
test. For stationary units or units frequently in operation, this may 
be acceptable, but for units that may go months or years between uses 
it is not clear when the opacity test would be required. As an 
addendum, the commenter also asked who would be responsible for 
conducting the test because these units are usually rented.
    We acknowledge the commenter's concern regarding annual testing 
requirements for air curtain incinerators that may not be used for 
months or years. To address this, we are amending the testing 
requirements for air curtain incinerators that burn only wood waste, 
clean lumber and yard waste to require opacity testing upon startup if 
the unit has been unused and out of operation for more than 12 months 
following the last opacity test.
    Regarding the commenter's question on testing responsibility if the 
unit is rented, we would generally expect the owner (lessor) of the 
unit to perform testing and maintain records of compliance testing for 
the unit being rented. In this situation, the operator (lessee) is 
responsible for obtaining all necessary documentation (e.g., 
performance test data) demonstrating that the unit is in compliance 
from the owner (lessor) and maintaining the documentation on site with 
the air curtain incinerator. The operator (lessee) in all situations is 
responsible for correctly operating the unit, burning only allowable 
materials, being aware of all compliance requirements (i.e., testing, 
monitoring, recordkeeping and reporting), and making sure the unit is 
in compliance while operating the unit. However, given the various 
arrangements that may exist between owners and operators, different 
lengths of time a unit may be operated at a particular site, etc., EPA 
and State regulatory and enforcement agencies have discretion to 
determine which of the parties is responsible for compliance activities 
or noncompliance issues on a case-by-case basis.

F. Impacts

    One commenter contended that EPA's use of national average costs 
and ``typical'' units in determining impacts may have overlooked the 
impact that the OSWI rules would have on small local governments, 
school districts and small nonprofit organizations. The commenter 
expressed concern that EPA's certification that the rules, as proposed, 
will not have a significant economic impact on a substantial number of 
small entities is not based on an adequate analysis of IWI units 
operated by small entities.
    The final OSWI rules provide exclusions for some sources that may 
find it unreasonably costly to comply with the rules or utilize 
alternative disposal options. These exclusions include such sources as 
rural IWI units and incinerators in isolated areas of Alaska. These, 
and the other exclusions, should provide relief for many small entities 
for which a reasonable disposal alternative is unavailable. For 
example, a small, rural school may apply for the rural IWI exclusion if 
they are located more than 50 miles from the boundary of the nearest 
MSA and can demonstrate that suitable waste disposal alternatives do 
not exist or are economically infeasible considering their budget. A 
small school located in an urban area will most likely find that 
alternative disposal options are readily available, and that they would 
incur no additional cost or perhaps a slight savings by shutting down 
their waste combustion unit. The exclusions provided should adequately 
cover those certain situations where feasible alternatives to 
incineration do not exist.
    As for areas where alternatives to incineration do exist, we have 
found that the typical cost of incineration is the same as, or greater 
than, that of using a landfill or sending waste to a larger MWC (see 
tables 5 and 7 of OSWI Unit Control Options and Costs memorandum, 
Docket item EPA-HQ-OAR-2003-0156-0012). An additional, more detailed 
analysis of over 150 OSWI units was conducted to verify that this is 
the case. The analysis used parameters appropriate for each OSWI unit, 
including incinerator throughput, distance to nearby landfills, and 
landfill tipping fees. The analysis confirmed our initial belief that 
in the vast majority of cases an OSWI facility would incur no 
additional cost when switching to a landfill. This was also true for 
small entities. Information about this analysis is in the docket (see 
Impacts of Other Solid Waste Incinerator Rule on Affected Small 
Entities, November 2005).
    There are several likely reasons that existing OSWI units have 
continued to operate rather than close and use a less expensive waste 
disposal method. Some sources may simply be unaware of other viable 
waste disposal options and their costs. The attention of other sources 
may be focused on their day-to-day operations, of which the 
incineration of waste represents a small piece, both with respect to 
overall operations and budget. Until an unanticipated event, such as a 
significant maintenance or repair expense or, in this instance, new 
regulatory requirements, causes a source to focus on the question of 
whether to continue to incinerate versus turn to another waste disposal 
method, the source may not have a reason to consider whether they are 
using the most economical waste disposal method. Moreover, some sources 
may not have considered other waste disposal options in lieu of 
incineration due to concerns regarding the nature of their waste stream 
(e.g., confidentiality or liability concerns).
    As we point out in the preamble to the proposed rules, the OSWI 
population has been steadily declining over the past several years, and 
this trend would likely continue in the absence of an OSWI regulation. 
To ensure that the affected sources were aware of the proposed rules, 
EPA sent fact sheets to 361 of the existing OSWI units in our inventory 
(we were unable to determine the mailing address for the remaining 11 
units in our inventory). The fact sheets explained the proposed 
regulations, the anticipated costs and impacts to their facilities, and 
how they could submit comments. None of these facilities submitted 
comments on the proposed rules and, in fact, about one-third of these 
facilities informed us that they no longer own or operate an 
incineration unit. In addition to the letters to the existing sources, 
we also identified 125 trade organizations and interest groups that 
represented potential OSWI owners/operators, such as school system 
administrators, private school headmasters, correctional facility 
administrators, religious organizations, associations of city and 
county governments, etc. and sent them copies of the fact sheet. None 
of these interest groups submitted comments on the proposed OSWI rules 
or on the cost or other impacts EPA anticipated due to the rules. We 
believe that this closure trend in absence of regulation exhibited by 
existing OSWI units, paired with the lack of comment on our impacts 
analysis by the soon-to-be regulated community, supports our analysis 
that it is often more economical to shut down OSWI units and use an 
alternative waste disposal method, and, therefore, that the final rules 
do not pose a significant impact to a substantial number of small 
entities.
    However, to further address the commenter's concern, small entity

[[Page 74887]]

outreach surveys were sent to eight entities associated with schools 
(e.g., State-affiliated department of education, office of school 
facilities). The surveys requested information regarding the use of 
solid waste incinerators at schools the entities represent or are 
associated with. All responses, with one exception, indicate that 
incinerators are not being used by the respondents. The one exception 
regards an institution that owns/operates pathological waste 
incinerators, which are excluded from regulation under the subparts.

V. Impacts of the Final Rules

A. What are the impacts for new units?

    As stated in the preamble to the proposed rules, information 
provided to EPA indicates that no or negative growth has been the trend 
for OSWI units for the past several years. The information indicates 
that this trend is expected to continue even in the absence of a 
regulation. Furthermore, as our experience with other CAA section 129 
regulations has shown, sources will likely respond to the final rules 
by choosing not to construct new waste incineration units and will 
utilize alternative waste disposal options rather than incur the costs 
of compliance. The only potential new units identified by a public 
commenter were a type of unit that, as described by the commenter, 
would be an industrial unit rather than an OSWI unit or would qualify 
for the exclusion for units in isolated areas of Alaska.
    Considering this information, EPA does not anticipate the 
construction of any new OSWI units that would be required to meet the 
emission limits. Therefore, EPA expects no impacts of the final NSPS 
for new units. However, for the sake of demonstrating that emissions 
reductions would result from the NSPS in the unlikely event that a new 
unit is constructed, EPA presented the expected emissions reductions 
for four OSWI model plants in the preamble to the proposed rules (69 FR 
71490, December 9, 2004).
    Since proposal, the emission limits for CO and HCl have been 
revised in response to comments, which result in different estimated 
emissions reductions than those that were shown at proposal. The 
expected emissions reductions for four OSWI model plants have been 
recalculated and are shown in table 3 of this preamble. There were no 
changes to the estimated cost, water, solid waste, and energy impacts 
on new OSWI units since proposal.

                              Table 3.--Emissions Reductions on a Model Plant Basis
----------------------------------------------------------------------------------------------------------------
                                           Emission reduction for OSWI model plants tons per year (tpy)
           Pollutant            --------------------------------------------------------------------------------
                                   1 tpd  capacity      5 tpd  capacity    15 tpd  capacity    30 tpd  capacity
----------------------------------------------------------------------------------------------------------------
Cd.............................  3.8 x 10-4           1.9 x 10-3          5.6 x 10-3          1.1 x 10-2
CO.............................  1.5 x 10-2           7.5 x 10-2          0.22                0.45
Dioxins/furans.................  3.5 x 10-7           1.7 x 10-6          5.1 x 10-6          1.0 x 10-5
HCl............................  0.97                 4.7                 14                  28
Pb.............................  5.4 x 10-3           2.6 x 10-2          7.8 x 10-2          0.16
Hg.............................  5.6 x 10-4           2.7 x 10-3          8.2 x 10-3          1.6 x 10-2
NOX............................  0.28                 1.4                 4.1                 8.2
PM.............................  0.26                 1.3                 3.8                 7.7
SO2............................  0.69                 3.4                 10                  20
                                ----------------------
    Total......................  2.2                  11                  33                  65
----------------------------------------------------------------------------------------------------------------

B. What are the impacts for existing units?

    Information provided to EPA indicates that many existing OSWI units 
have closed in recent years. In fact, since proposal we have learned 
that at least one-third of the existing OSWI units in our inventory are 
no longer operating. As we stated at proposal, this trend is expected 
to continue even in the absence of a regulation. Furthermore, as our 
experience with other CAA section 129 regulations has shown, sources 
will likely respond to the final OSWI rules by choosing to shut down 
existing waste incineration units and will utilize alternative waste 
disposal options rather than incur the costs of compliance.
    EPA's objective is not to encourage the use of alternatives or to 
discourage continued use of VSMWC units or IWI units; rather EPA's 
objective is to adopt emission guidelines for existing OSWI units that 
fulfill the requirements of CAA section 129. In doing so, the primary 
outcome associated with adoption of these emission guidelines is 
projected to be an increase in the use of alternative waste disposal 
and a decrease in the use of VSMWC units and IWI units. Consequently, 
EPA acknowledges and incorporates this outcome into the analyses of 
cost, environmental, and energy impacts associated with the emission 
guidelines, as discussed in the preamble to the proposed rules (69 FR 
71490, December 9, 2004).
    To account for the existing OSWI unit closure information (123 
facilities indicated after proposal that they no longer own or operate 
an OSWI unit), we have reanalyzed the national emissions, cost, energy, 
and solid waste impacts presented in the preamble to the proposed 
rules.
1. What are the changes to the air impacts since proposal?
    As discussed earlier, emission limit values for CO and HCl have 
been revised since proposal due to public comments. EPA then revised 
emission reduction estimates for each model unit, which are presented 
in table 3 of this preamble. Furthermore, as discussed above, EPA has 
learned since proposal that 123 of the existing OSWI units in our 
inventory at proposal were already closed. Both of these changes 
affected the estimated national emissions reductions presented in table 
8 of the preamble to the proposed rules (69 FR 71491, December 9, 
2004). Therefore, these emission reduction estimates were recalculated 
and are presented in table 4 of this preamble. As shown, total 
emissions reductions would be over 1,900 tpy if all the remaining 
existing units in the OSWI inventory complied with the emission 
guidelines by adding controls.

[[Page 74888]]



     Table 4.--National Emissions Reductions If All Existing OSWI Units Comply With the Emission Guidelines
----------------------------------------------------------------------------------------------------------------
                                                               Emission reduction (tpy)
              Pollutant              ---------------------------------------------------------------------------
                                                VSMWC                     IWI                     Total
----------------------------------------------------------------------------------------------------------------
Cd..................................  6.1 x 10 	2               0.27                     0.33
CO..................................  2.4                       11                       13
Dioxins/furans......................  5.6 x 10 	5               2.5 x 10 	4              3.0 x 10 	4
HCl.................................  154                       684                      837
Pb..................................  0.85                      3.8                      4.6
Hg..................................  8.9 x 10 	2               0.40                     0.49
NOX.................................  45                        199                      245
PM..................................  42                        185                      227
SO2.................................  110                       488                      598
                                     ---------------------------
    Total...........................  353                       1,572                    1,925
----------------------------------------------------------------------------------------------------------------

    However, as we stated in the preamble to the proposed rules, EPA 
anticipates that most existing OSWI units will elect to shut down and 
utilize alternative waste disposal options (e.g., send waste to a 
landfill or a large or small MWC unit). If the remaining existing OSWI 
units closed and the waste was sent to a landfill, the anticipated 
emissions reductions would be over 400 tpy for VSMWC units and over 
1,800 tpy for IWI units, which totals over 2,200 tpy for all OSWI 
units. These reductions occur despite a slight increase in landfill 
emissions due to the additional waste being landfilled rather than 
incinerated. By using EPA's Landfill Gas Emission Model (LandGEM), we 
calculated an increase of 27 tpy of emissions of the regulated 
pollutants would occur from landfills if all OSWI units closed and the 
waste was sent to landfills. However, as stated above, this results in 
net emissions reductions of 2,200 tpy from closure of all OSWI units.
2. What are the changes to the water and solid waste impacts since 
proposal?
    At proposal, EPA estimated that the water impacts of the OSWI rule 
would be negligible. We have not changed this assessment of water 
impacts. At proposal, we estimated that the national OSWI population is 
used to dispose of approximately 85,000 tpy of solid waste. As 
mentioned before, we anticipate that most, if not all, OSWI units will 
shut down and the waste will be disposed of in alternative ways. At the 
time, we concluded that the amount of additional waste that would be 
sent to landfills due to adoption of the emission guidelines is 
insignificant. Due to the information we have received on OSWI unit 
closures since proposal, we have revised our estimate to approximately 
60,000 tpy of waste being disposed of in OSWI units. This revision 
results in even less potential solid waste being diverted to landfills 
and large or small MWC units due to promulgation of the emission 
guidelines. For perspective, over 100 million tpy of municipal waste is 
disposed of in landfills. Therefore, we continue to maintain that the 
amount of additional waste that will be sent to landfills is 
insignificant.
3. What are the changes to the energy impacts since proposal?
    At proposal, we concluded that the energy impacts would be 
negligible since we anticipated that most units would shut down rather 
than install and operate wet scrubbers. Since proposal, our inventory 
of existing OSWI units has decreased. Therefore, our assessment of 
negligible energy impacts at proposal remains unchanged.
4. What are the changes to the cost and economic impacts since 
proposal?
    At proposal, EPA's analysis showed that the national total costs 
for all existing OSWI units to comply with the emission guidelines 
would be approximately $63 million a year. As discussed previously, we 
have learned that 123 of the existing OSWI units in our inventory at 
proposal are permanently shut down. The revised national total cost for 
the remaining existing OSWI units to comply with the emission 
guidelines is approximately $42 million.
    The remainder of our cost and economic impact discussion in the 
preamble to the proposed rules (69 FR 71491, December 9, 2004), 
however, is unaffected by the revised national cost estimate, and 
remains valid for the final emission guidelines. As previously stated 
in this preamble, as well as in the preamble to the proposed rules, the 
cost of landfilling is less than the cost of incineration for most, if 
not all, OSWI units. Since there is a chance some potentially affected 
sources will obtain exemptions, we expect most of the affected VSMWC 
units and IWI units will close and utilize an economical alternative 
waste disposal method. Consequently, the net effect of the final 
emission guidelines will be a net decrease in costs to the universe of 
affected sources.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by OMB and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers the final rules a ``significant regulatory 
action'' within the meaning of the Executive Order. Consequently, the 
final rules were submitted to OMB for review. Changes made in response 
to OMB suggestions or recommendations are documented in the public 
record.

[[Page 74889]]

B. Paperwork Reduction Act

    The information collection requirements in the final rules have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
documents have been prepared by EPA (ICR No. 2163.02 for subpart EEEE 
and 2164.02 for subpart FFFF), and copies may be obtained from Susan 
Auby by mail at the Collection Strategies Division, EPA (2822), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 566-1672. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. The information 
collection requirements are not enforceable until OMB approves them.
    The final rules contain monitoring, reporting, and recordkeeping 
requirements. The information will be used by EPA to identify any new, 
modified, or reconstructed incineration units subject to the NSPS and 
to ensure that any new incineration units undergo a siting analysis and 
comply with the emission limits and other requirements. Similarly, the 
information specified in the emission guidelines will be used by States 
or EPA to identify existing units subject to the State or Federal plans 
that implement the emission guidelines, and to ensure that these units 
comply with their emission limits and other requirements. Records and 
reports are necessary to enable EPA or States to identify waste 
incineration units that may not be in compliance with the requirements. 
Based on reported information, EPA will decide which units and what 
records or processes should be inspected.
    These recordkeeping and reporting requirements are specifically 
authorized by CAA section 114 (42 U.S.C. 7414). All information 
submitted to 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.
    EPA estimates that there is no burden for the first 3 years after 
promulgation of the NSPS for industry and the implementing agency. This 
is because EPA expects no new OSWI units to be constructed over this 3-
year period.
    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.

----------------------------------------------------------------------------------------------------------------
                                      Average                                                      Total annual
         Affected entity           annual hours     Labor costs    Capital costs     O&M costs         costs
----------------------------------------------------------------------------------------------------------------
Industry........................           3,818        $175,408              $0              $0        $174,703
Implementing agency.............             383          17,611               0               0          17,611
----------------------------------------------------------------------------------------------------------------

    EPA expects the emission guidelines to affect a maximum of 248 OSWI 
units over the first 3 years. There are no capital, start-up, or 
operation and maintenance costs for existing units during the first 3 
years, because compliance with the emission guidelines is not required 
until 5 years after promulgation of the emission guidelines (or 3 years 
after the effective date of approval of a State or Federal plan to 
implement the guidelines). Costs in the first 3 years include time to 
review the guidelines and the State or Federal plan. The implementing 
agency will not incur any capital or start-up costs.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9 and 48 CFR chapter 
15. When the ICRs are approved by OMB, EPA will publish a technical 
amendment to 40 CFR part 9 in the Federal Register to display the OMB 
control numbers for the approved information collection requirements 
contained in the final rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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. EPA has determined that it is not 
necessary to prepare a regulatory flexibility analysis in connection 
with the final rules.
    For purposes of assessing the impacts of the final rules on small 
entities, small entity is defined as follows:
    1. A small business that is an ultimate parent entity in the 
regulated industry that has a gross annual revenue less than $6.0 
million (this varies by industry category, ranging up to $10.5 million 
for North American Industrial Classification System (NAICS) code 562213 
(VSMWC)), based on Small Business Administration's size standards;
    2. A small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; or
    3. A small organization that is any not-for-profit enterprise that 
is independently owned and operated and is not dominant in its field.
    After considering the economic impacts of the final rules on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
The economic impacts on small entities will not be significant because 
the cost of the final rules is expected to range from negligible to 
actual cost savings. EPA expects that the majority of these entities 
may realize a cost savings under the likely response to the final rules 
(closure and using alternative waste disposal method).
    Alternative waste disposal methods, such as landfilling, are 
available for OSWI units. Our analysis using model plants and a 
supplemental analysis using site specific data both support the idea 
that the annual cost to landfill waste is typically less than the 
annual cost of using an OSWI unit for waste disposal. Thus, the likely 
response to the final rules will be for small entities that own and 
operate OSWI units to close the units and use an alternative

[[Page 74890]]

waste disposal method. More detailed information about these analyses 
is available in the docket (see Revised Economic Analysis for Other 
Solid Waste Incineration (OSWI) Units, November 2005; and Impacts of 
Other Solid Waste Incinerator Rule on Affected Small Entities, November 
2005).
    The Small Business Administration's Office of Advocacy (SBA) 
expressed concerns that EPA's certification that the proposed standards 
and guidelines would not have a significant economic impact on a 
substantial number of small entities is not based on an adequate 
analysis of IWI units operated by small entities. In response to SBA's 
public comment, we conducted further detailed analyses (as summarized 
in this preamble and available in the docket) and sent small entity 
outreach surveys requesting information regarding the use of solid 
waste incinerators at schools to eight entities (identified by SBA) 
associated with schools. All responses from the small entity outreach 
survey, with one exception, indicate that incinerators are not being 
used by the respondents. The one exception regards an institution that 
owns/operates pathological waste incinerators, which are excluded from 
regulation under the standards and guidelines.
    Although the final rules will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of the rules on small entities. The final 
rules provide various exclusions for some sources that may find it 
unreasonably costly to comply with the rules or utilize alternative 
disposal options. These exclusions should provide relief for many small 
entities for which a reasonable disposal alternative is unavailable.
    In addition, to ensure that affected sources were aware of the 
proposed rules, EPA sent fact sheets to 361 existing OSWI units in our 
inventory and an additional 125 fact sheets to trade organizations and 
interest groups that represented potential OSWI unit owners/operators. 
The fact sheets explained the proposed regulations, the anticipated 
costs and impacts to their facilities, and how they could submit 
comments. None of the facilities or interest groups submitted comments 
on the proposed OSWI rules or on the cost or other impacts EPA 
anticipated due to the rulemaking and, in fact, about one-third of the 
361 facilities informed us that they no longer own or operate an 
incineration unit.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if EPA 
publishes with the final rule an explanation why that alternative was 
not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments, EPA must develop a small government agency plan under 
section 203 of the UMRA. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA's regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that the final rules do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and Tribal governments, in the aggregate, or the private 
sector in any 1 year. The total annual cost, in any 1 year, for all 
OSWI units to comply with today's final rules is estimated at $42 
million. However, as previously stated in this preamble, most OSWI 
units are expected to close and utilize an economical alternative waste 
disposal method rather than complying with the final rules. Therefore, 
the cost impacts are expected to be negligible. Thus, the final rules 
are not subject to the requirements of section 202 and 205 of the UMRA. 
In addition, EPA has determined that the final rules contain no 
regulatory requirements that might significantly or uniquely affect 
small governments because the burden is small and the regulations do 
not unfairly apply to small governments. Therefore, the final rules are 
not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.''
    The final rules do not have federalism implications. They will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The final rules will not impose 
substantial direct compliance costs on State or local governments, and 
will not preempt State law. Thus, Executive Order 13132 does not apply 
to the final rules.

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

    Executive Order 13175, (65 FR 67249, November 9, 2000), requires 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by Tribal officials in the development of regulatory policies 
that have Tribal implications.'' ``Policies that have Tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on relationship between the 
Federal government and the Indian tribes, or on the distribution of 
power and responsibilities between the Federal government and Indian 
tribes.''
    The final rules do not have Tribal implications, as specified in 
Executive Order 13175. They 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. Thus, Executive Order 13175 does not apply to 
the final rules.

[[Page 74891]]

G. Executive Order 13045: Protection of Children From Environmental 
Health 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, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives EPA considered.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The final rules are not 
subject to Executive Order 13045 because they are based on technology 
performance and not on health and safety risks.

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

    Executive Order 13211 (66 FR 28355, May 22, 2001) requires agencies 
to prepare and submit to the Administrator of the Office of Information 
and Regulatory Affairs, OMB, a Statement of Energy Effects for certain 
actions identified as ``significant energy actions.'' Section 4(b) of 
Executive Order 13211 defines ``significant energy actions'' as ``any 
action by an agency (normally published in the Federal Register) that 
promulgates or is expected to lead to the promulgation of a final rule 
or regulation, including notices of inquiry, advance notices of 
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is 
a significant regulatory action under Executive Order 12866 or any 
successor order, and (ii) is likely to have a significant adverse on 
the supply, distribution, or use of energy; or (2) that is designated 
by the Administrator of the Office of Information and Regulatory 
Affairs as a significant energy action * * *.'' Although the final 
rules are considered to be a significant regulatory action under 
Executive Order 12866, they are not a ``significant energy action'' 
because they are not likely to have a significant adverse effect on the 
supply, distribution, or use of energy. The basis for the determination 
follows.
    EPA expects that few, if any, OSWI facilities will elect to 
continue to operate OSWI units, and that most facilities will respond 
to the final rules by closing existing OSWI units and using alternative 
waste disposal techniques. This response is likely because the annual 
cost of landfilling, an alternative waste disposal method, is typically 
less expensive than the annual cost of using an OSWI unit for waste 
disposal. In the few cases where an OSWI facility elects to comply with 
the final rules by installing a wet scrubber, the operation of the 
scrubber will result in a small increase in power consumption. However, 
due to the small size of these units (and the likelihood that very few 
of them will continue to operate), the energy impacts will be 
negligible.
    Given the negligible change in energy consumption resulting from 
the final rules, EPA does not expect any price increase for any energy 
type. The cost of energy distribution should not be affected by the 
final rules at all since the final rules do not affect energy 
distribution facilities. EPA also expects that there would be no impact 
on the import of foreign energy supplies, and EPA does not expect other 
adverse outcomes to occur with regards to energy supplies.
    Therefore, EPA concludes that the final rules are not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    The final rules involve technical standards. EPA cites the 
following standards in the final rules: EPA Methods 1, 2, 3A, 3B, 4, 5, 
6 or 6C, 7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or 10B, 23, 26A, and 29 of 
40 CFR part 60, appendix A.
    Consistent with the NTTAA, EPA conducted searches to identify 
voluntary consensus standards in addition to these EPA methods. No 
applicable voluntary consensus standards were identified for EPA 
Methods 7D and 9. The search and review results have been documented 
and are in the docket for the final rules. One voluntary consensus 
standard was identified as an acceptable alternative to EPA test 
methods for the purposes of the final rules. The voluntary consensus 
standard ASME PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas 
Analyses,'' is cited in the final rules for its manual methods for 
measuring the nitrogen oxide, oxygen, and sulfur dioxide content of 
exhaust gas. These parts of ASME PTC 19-10-1981--Part 10 are acceptable 
alternatives to Methods 3B, 6, 7, and 7C.
    The search for emissions measurement procedures identified 26 
voluntary consensus standards potentially applicable to the final 
rules. EPA determined that 24 of the 26 candidate standards identified 
for measuring emissions of Cd, CO, dioxins/furans, HCl, Hg, Pb, PM, 
NOX, and SO2 subject to the emission limits were 
impractical alternatives to EPA test methods for the purposes of the 
final rules. Therefore, EPA does not intend to adopt the standards for 
this purpose. (See Docket ID No. EPA-HQ-OAR-2003-0156 for further 
information on the methods.) Two of the 26 voluntary consensus 
standards identified in this search were not available at the time the 
review was conducted because they are under development by a voluntary 
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity 
Traverse,'' for EPA Method 2 (and possibly 1); and ASME/BSR MFC 12M, 
``Flow in Closed Conduits Using Multiport Averaging Pitot Primary 
Flowmeters,'' for EPA Method 2.
    Tables 1 and 3 to subpart EEEE of 40 CFR part 60 and tables 2 and 4 
to subpart FFFF of 40 CFR part 60 list the EPA testing methods included 
in the final rules. Under 40 CFR 60.8(b) and 60.13(i) of subpart A 
(General Provisions), a source may apply to EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any of the EPA testing methods, performance specifications, or 
procedures.

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 promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General

[[Page 74892]]

of the United States. EPA will submit a report containing the final 
rules and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the final rules in the Federal Register. The 
final rules are not ``major rules'' as defined by 5 U.S.C. 804(2). The 
final NSPS will be effective on June 16, 2006. The final emission 
guidelines are effective on February 14, 2006.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: November 30, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart A--[Amended]

0
2. Section 60.17 is amended by revising paragraph (h) introductory text 
and adding paragraph (h)(4) to read as follows:


Sec.  60.17  Incorporation by Reference.

* * * * *
    (h) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Three Park Avenue, New 
York, NY 10016-5990.
* * * * *
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], IBR approved for Tables 1 and 3 of 
subpart EEEE, and Tables 2 and 4 of subpart FFFF of this part.
* * * * *

0
3. Part 60 is amended by adding subpart EEEE to read as follows:
Subpart EEEE--Standards of Performance for Other Solid Waste 
Incineration Units for Which Construction Is Commenced After December 
9, 2004, or for Which Modification or Reconstruction Is Commenced on or 
After June 16, 2006.

Introduction

Sec.
60.2880 What does this subpart do?
60.2881 When does this subpart become effective?

Applicability

60.2885 Does this subpart apply to my incineration unit?
60.2886 What is a new incineration unit?
60.2887 What combustion units are excluded from this subpart?
60.2888 Are air curtain incinerators regulated under this subpart?
60.2889 Who implements and enforces this subpart?
60.2890 How are these new source performance standards structured?
60.2891 Do all components of these new source performance standards 
apply at the same time?

Preconstruction Siting Analysis

60.2894 Who must prepare a siting analysis?
60.2895 What is a siting analysis?

Waste Management Plan

60.2899 What is a waste management plan?
60.2900 When must I submit my waste management plan?
60.2901 What should I include in my waste management plan?

Operator Training and Qualification

60.2905 What are the operator training and qualification 
requirements?
60.2906 When must the operator training course be completed?
60.2907 How do I obtain my operator qualification?
60.2908 How do I maintain my operator qualification?
60.2909 How do I renew my lapsed operator qualification?
60.2910 What site-specific documentation is required?
60.2911 What if all the qualified operators are temporarily not 
accessible?

Emission Limitations and Operating Limits

60.2915 What emission limitations must I meet and by when?
60.2916 What operating limits must I meet and by when?
60.2917 What if I do not use a wet scrubber to comply with the 
emission limitations?
60.2918 What happens during periods of startup, shutdown, and 
malfunction?

Performance Testing

60.2922 How do I conduct the initial and annual performance test?
60.2923 How are the performance test data used?

Initial Compliance Requirements

60.2927 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
60.2928 By what date must I conduct the initial performance test?

Continuous Compliance Requirements

60.2932 How do I demonstrate continuous compliance with the emission 
limitations and the operating limits?
60.2933 By what date must I conduct the annual performance test?
60.2934 May I conduct performance testing less often?
60.2935 May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

60.2939 What continuous emission monitoring systems must I install?
60.2940 How do I make sure my continuous emission monitoring systems 
are operating correctly?
60.2941 What is my schedule for evaluating continuous emission 
monitoring systems?
60.2942 What is the minimum amount of monitoring data I must collect 
with my continuous emission monitoring systems, and is the data 
collection requirement enforceable?
60.2943 How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?
60.2944 What operating parameter monitoring equipment must I 
install, and what operating parameters must I monitor?
60.2945 Is there a minimum amount of operating parameter monitoring 
data I must obtain?

Recordkeeping and Reporting

60.2949 What records must I keep?
60.2950 Where and in what format must I keep my records?
60.2951 What reports must I submit?
60.2952 What must I submit prior to commencing construction?
60.2953 What information must I submit prior to initial startup?
60.2954 What information must I submit following my initial 
performance test?
60.2955 When must I submit my annual report?
60.2956 What information must I include in my annual report?
60.2957 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.2958 What must I include in the deviation report?
60.2959 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.2960 Are there any other notifications or reports that I must 
submit?
60.2961 In what form can I submit my reports?
60.2962 Can reporting dates be changed?

Title V Operating Permits

60.2966 Am I required to apply for and obtain a title V operating 
permit for my unit?
60.2967 When must I submit a title V permit application for my new 
unit?

Temporary-Use Incinerators and Air Curtain Incinerators Used in 
Disaster Recovery

60.2969 What are the requirements for temporary-use incinerators and 
air curtain incinerators used in disaster recovery?

Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and 
Yard Waste

60.2970 What is an air curtain incinerator?

[[Page 74893]]

60.2971 What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard 
waste?
60.2972 How must I monitor opacity for air curtain incinerators that 
burn only wood waste, clean lumber, and yard waste?
60.2973 What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn only wood waste, clean lumber, 
and yard waste?
60.2974 Am I required to apply for and obtain a title V operating 
permit for my air curtain incinerator that burns only wood waste, 
clean lumber, and yard waste?

Equations

60.2975 What equations must I use?

Definitions

60.2977 What definitions must I know?

Tables to Subpart EEEE of Part 60

Table 1 to Subpart EEEE of Part 60--Emission Limitations
Table 2 to Subpart EEEE of Part 60--Operating Limits for 
Incinerators and Wet Scrubbers
Table 3 to Subpart EEEE of Part 60--Requirements for Continuous 
Emission Monitoring Systems (CEMS)
Table 4 to Subpart EEEE of Part 60--Summary of Reporting 
Requirements

Subpart EEEE--Standards of Performance for Other Solid Waste 
Incineration Units for Which Construction is Commenced After 
December 9, 2004, or for Which Modification or Reconstruction is 
Commenced on or After June 16, 2006.

Introduction


Sec.  60.2880  What does this subpart do?

    This subpart establishes new source performance standards for other 
solid waste incineration (OSWI) units. Other solid waste incineration 
units are very small municipal waste combustion units and institutional 
waste incineration units.


Sec.  60.2881  When does this subpart become effective?

    This subpart takes effect June 16, 2006. Some of the requirements 
in this subpart apply to planning the incineration unit and must be 
completed even before construction is initiated on the unit (i.e., the 
preconstruction requirements in Sec. Sec.  60.2894 and 60.2895). Other 
requirements such as the emission limitations and operating limits 
apply when the unit begins operation.

Applicability


Sec.  60.2885  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified 
in paragraphs (a) through (c) of this section.
    (a) Your incineration unit is a new incineration unit as defined in 
Sec.  60.2886.
    (b) Your incineration unit is an OSWI unit as defined in Sec.  
60.2977 or an air curtain incinerator subject to this subpart as 
described in Sec.  60.2888(b). Other solid waste incineration units are 
very small municipal waste combustion units and institutional waste 
incineration units as defined in Sec.  60.2977.
    (c) Your incineration unit is not excluded under Sec.  60.2887.


Sec.  60.2886  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit subject to this 
subpart that meets either of the two criteria specified in paragraphs 
(a)(1) or (2) of this section.
    (1) Commenced construction after December 9, 2004.
    (2) Commenced reconstruction or modification on or after June 16, 
2006.
    (b) This subpart does not affect your incineration unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with the emission guidelines in subpart FFFF of this part. Such 
changes do not qualify as reconstruction or modification under this 
subpart.


Sec.  60.2887  What combustion units are excluded from this subpart?

    This subpart excludes the types of units described in paragraphs 
(a) through (q) of this section, as long as you meet the requirements 
of this section.
    (a) Cement kilns. Your unit is excluded if it is regulated under 
subpart LLL of part 63 of this chapter (National Emission Standards for 
Hazardous Air Pollutants from the Portland Cement Manufacturing 
Industry).
    (b) Co-fired combustors. Your unit, that would otherwise be 
considered a very small municipal waste combustion unit, is excluded if 
it meets the five requirements specified in paragraphs (b)(1) through 
(5) of this section.
    (1) The unit has a Federally enforceable permit limiting the 
combustion of municipal solid waste to 30 percent of the total fuel 
input by weight.
    (2) You notify the Administrator that the unit qualifies for the 
exclusion.
    (3) You provide the Administrator with a copy of the Federally 
enforceable permit.
    (4) You record the weights, each calendar quarter, of municipal 
solid waste and of all other fuels combusted.
    (5) You keep each report for 5 years. These records must be kept on 
site for at least 2 years. You may keep the records off site for the 
remaining 3 years.
    (c) Cogeneration facilities. Your unit is excluded if it meets the 
three requirements specified in paragraphs (c)(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.
    (d) Commercial and industrial solid waste incineration units. Your 
unit is excluded if it is regulated under subparts CCCC or DDDD of this 
part and is required to meet the emission limitations established in 
those subparts.
    (e) Hazardous waste combustion units. Your unit is excluded if it 
meets either of the two criteria specified in paragraph (e)(1) or (2) 
of this section.
    (1) You are required to get a permit for your unit under section 
3005 of the Solid Waste Disposal Act.
    (2) Your unit is regulated under 40 CFR part 63, subpart EEE 
(National Emission Standards for Hazardous Air Pollutants from 
Hazardous Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. Your unit is 
excluded if it is regulated under subparts Ce or Ec of this part (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators).
    (g) Incinerators and air curtain incinerators in isolated areas of 
Alaska. Your incineration unit is excluded if it is used at a solid 
waste disposal site in Alaska that is classified as a Class II or Class 
III municipal solid waste landfill, as defined in Sec.  60.2977.
    (h) Rural institutional waste incinerators. Your incineration unit 
is excluded if it is an institutional waste incineration unit, as 
defined in Sec.  60.2977, and the application for exclusion described 
in paragraphs (h)(1) and (2) of this section has been approved by the 
Administrator.
    (1) Prior to initial startup, an application and supporting 
documentation demonstrating that the institutional waste incineration 
unit meets the two requirements specified in paragraphs (h)(1)(i) and 
(ii) of this section must be submitted to and approved by the 
Administrator.

[[Page 74894]]

    (i) The unit is located more than 50 miles from the boundary of the 
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are 
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section 
must be revised and resubmitted to the Administrator for approval every 
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2) 
of this section and were denied exclusion by the Administrator, you 
have 3 years from the expiration date of the current exclusion to 
comply with the emission limits and all other applicable requirements 
of this subpart.
    (i) Institutional boilers and process heaters. Your unit is 
excluded if it is regulated under 40 CFR part 63, subpart DDDDD 
(National Emission Standards for Hazardous Air Pollutants for 
Industrial, Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. Your unit is excluded if it burns 
samples of materials only for the purpose of chemical or physical 
analysis.
    (k) Materials recovery units. Your unit is excluded if it combusts 
waste for the primary purpose of recovering metals. Examples include 
primary and secondary smelters.
    (l) Pathological waste incineration units. Your institutional waste 
incineration unit or very small municipal waste combustion unit is 
excluded from this subpart if it burns 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.  60.2977 and you 
notify the Administrator that the unit meets these criteria.
    (m) Small or large municipal waste combustion units. Your unit is 
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb, 
of this part and is required to meet the emission limitations 
established in those subparts.
    (n) Small power production facilities. Your unit is excluded if it 
meets the three requirements specified in paragraphs (n)(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.
    (o) Temporary-use incinerators and air curtain incinerators used in 
disaster recovery. Your incineration unit is excluded if it is used on 
a temporary basis to combust debris from a disaster or emergency such 
as a tornado, hurricane, flood, ice storm, high winds, or act of 
bioterrorism and you comply with the requirements in Sec.  60.2969.
    (p) Units that combust contraband or prohibited goods. Your 
incineration unit is excluded if the unit is owned or operated by a 
government agency such as police, customs, agricultural inspection, or 
a similar agency to destroy only illegal or prohibited goods such as 
illegal drugs, or agricultural food products that can not be 
transported into the country or across State lines to prevent 
biocontamination. The exclusion does not apply to items either 
confiscated or incinerated by private, industrial, or commercial 
entities.
    (q) Incinerators used for national security. Your incineration unit 
is excluded if it meets the requirements specified in either (q)(1) or 
(2) of this section.
    (1) The incineration unit is used solely during military training 
field exercises to destroy national security materials integral to the 
field exercises.
    (2) The incineration unit is used solely to incinerate national 
security materials, its use is necessary to safeguard national 
security, you follow the exclusion request requirements in paragraphs 
(q)(2)(i) and (ii) of this section, and the Administrator has approved 
your request for exclusion.
    (i) The request for exclusion and supporting documentation must 
demonstrate both that the incineration unit is used solely to destroy 
national security materials and that a reliable alternative to 
incineration that ensures acceptable destruction of national security 
materials is unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to and approved by 
the Administrator prior to initial startup.


Sec.  60.2888  Are air curtain incinerators regulated under this 
subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are subject to all requirements of this 
subpart, including the emission limitations specified in Table 1 of 
this subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per 
day of the materials listed in paragraphs (b)(1) through (4) of this 
section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec.  60.2970 through 60.2974 and are exempt from all other 
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.2889  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If EPA has delegated authority to 
your State, local, or tribal agency, then that agency (as well as EPA) 
has the authority to implement and enforce this subpart. You should 
contact your EPA Regional Office to find out if this subpart is 
delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency, the authorities contained 
in paragraphs (b)(1) through (6) of this section are retained by EPA 
and are not transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the emission limitations in Table 1 
of this subpart and operating limits established under Sec.  60.2916 
and Table 2 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.  
60.2917.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec.  60.2911(c)(2).


Sec.  60.2890  How are these new source performance standards 
structured?

    These new source performance standards contain nine major 
components, as follows:
    (a) Preconstruction siting analysis.
    (b) Waste management plan.
    (c) Operator training and qualification.

[[Page 74895]]

    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.


Sec.  60.2891  Do all components of these new source performance 
standards apply at the same time?

    No, you must meet the preconstruction siting analysis and waste 
management plan requirements before you commence construction, 
reconstruction, or modification of the OSWI unit. The operator training 
and qualification, emission limitations, operating limits, performance 
testing and compliance, monitoring, and most recordkeeping and 
reporting requirements are met after the OSWI unit begins operation.

Preconstruction Siting Analysis


Sec.  60.2894  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you commence 
construction, reconstruction, or modification of an OSWI unit after 
June 16, 2006.
    (b) If you commence construction, reconstruction, or modification 
of an OSWI unit after December 9, 2004, but before June 16, 2006, you 
are not required to prepare the siting analysis specified in this 
subpart.


Sec.  60.2895  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, you may consider costs, 
energy impacts, nonair environmental impacts, or any other factors 
related to the practicability of the alternatives.
    (b) Analyses of your OSWI unit's impacts that are prepared to 
comply with State, local, or other Federal regulatory requirements may 
be used to satisfy the requirements of this section, provided they 
include the consideration of air pollution control alternatives 
specified in paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec.  60.2952(c) prior to commencing 
construction, reconstruction, or modification.

Waste Management Plan


Sec.  60.2899  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.  60.2900  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing 
construction, reconstruction, or modification.


Sec.  60.2901  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 implement those measures the source considers practical 
and feasible, considering 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.  60.2905  What are the operator training and qualification 
requirements?

    (a) No OSWI unit can be operated unless a fully trained and 
qualified OSWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified OSWI 
unit operator may operate the OSWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. 
If all qualified OSWI unit operators are temporarily not accessible, 
you must follow the procedures in Sec.  60.2911.
    (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 (if applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Methods to monitor pollutants (including monitoring of 
incinerator and control device operating parameters) and monitoring 
equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.


Sec.  60.2906  When must the operator training course be completed?

    The operator training course must be completed by the latest of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) Six months after your OSWI unit startup.
    (b) December 18, 2006.
    (c) The date before an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.


Sec.  60.2907  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2905(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.  60.2905(c)(2).


Sec.  60.2908  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course covering, at a minimum, the five topics described in 
paragraphs (a) through (e) of this section.

[[Page 74896]]

    (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.  60.2909  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.  60.2908.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2907(a).


Sec.  60.2910  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the nine topics 
described in paragraphs (a)(1) through (9) 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 
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  60.2899 
through 60.2901.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by December 18, 2006 or prior to an 
employee's assumption of responsibilities for operation of the OSWI 
unit, whichever date is later.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted not 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 OSWI unit operators who have 
completed review of the information in paragraph (a) of this section as 
required by paragraph (b) of this section, including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec.  60.2908 or Sec.  60.2909. 
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.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  60.2911  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 three criteria specified in paragraphs (a) 
through (c) 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 12 hours or 
less, the OSWI unit may be operated by other plant personnel familiar 
with the operation of the OSWI unit who have completed review of the 
information specified in Sec.  60.2910(a) within the past 12 months. 
You do not need to notify the Administrator or include this as a 
deviation in your annual report.
    (b) When all qualified operators are not accessible for more than 
12 hours, but less than 2 weeks, the OSWI unit may be operated by other 
plant personnel familiar with the operation of the OSWI unit who have 
completed a review of the information specified in Sec.  60.2910(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.  60.2956.
    (c) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(c)(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 EPA 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 EPA to continue operation of the OSWI unit. 
You must submit the first status report 4 weeks after you notify the 
Administrator of the deviation under paragraph (c)(1) of this section. 
If EPA notifies you that your request to continue operation of the OSWI 
unit is disapproved, the OSWI 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 (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
60.2905(a).
    (ii) You notify EPA that a qualified operator is accessible and 
that you are resuming operation.

Emission Limitations and Operating Limits


Sec.  60.2915  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 1 of this 
subpart 60 days after your OSWI unit reaches the charge rate at which 
it will operate, but no later than 180 days after its initial startup.


Sec.  60.2916  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 paragraphs (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
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 the charge rate 
measured during the most recent performance test

[[Page 74897]]

demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as 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 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 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 the average 
liquor pH at the inlet to the wet scrubber measured during the most 
recent performance test demonstrating compliance with the hydrogen 
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your OSWI unit reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup.


Sec.  60.2917  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.  60.2915, you must petition EPA for 
specific operating limits, the values of which are to be established 
during the initial performance test and then continuously monitored 
thereafter. You must not conduct the initial performance test until 
after the petition has been approved by EPA. 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 
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 that 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.  60.2918  What happens during periods of startup, shutdown, and 
malfunction?

    The emission limitations and operating limits apply at all times 
except during OSWI unit startups, shutdowns, or malfunctions.

Performance Testing


Sec.  60.2922  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) All performance tests must be conducted using the methods in 
Table 1 of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in Table 1 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in ``60.2975.
    (g) Method 26A of appendix A of this part must be used for hydrogen 
chloride concentration analysis, with the additional requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling 
using the procedure described in paragraphs (g)(1)(i) through (iii) of 
this section.
    (i) Assemble the sampling train(s) and conduct a conditioning run 
by collecting between 14 liters per minute (0.5 cubic feet per minute) 
and 30 liters per minute (1.0 cubic feet per minute) of gas over a one-
hour period. Follow the sampling procedures outlined in section 8.1.5 
of Method 26A of appendix A of this part. For the conditioning run, 
water can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with 
a fresh impinger train for the sampling run, leaving the probe and 
filter (and cyclone, if used) in position. Do not recover the filter or 
rinse the probe before the first run. Thoroughly rinse the impingers 
used in the preconditioning run with deionized water and discard these 
rinses.
    (iii) The probe and filter assembly are conditioned by the stack 
gas and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe 
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and 
134 [deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the 
requirements specified in paragraphs (g)(3)(i) and (ii) of this section 
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of 
appendix A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of this part must be used.


Sec.  60.2923  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.  60.2927  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 
Sec.  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.  60.2916 or Sec.  60.2917. The initial performance 
test must be conducted using the test methods listed in Table 1 of this 
subpart and the procedures in Sec.  60.2922.


Sec.  60.2928  By what date must I conduct the initial performance 
test?

    The initial performance test must be conducted within 60 days after 
your OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup.

Continuous Compliance Requirements


Sec.  60.2932  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the 
pollutants in Table 1 of this subpart for each OSWI unit to determine 
compliance with the

[[Page 74898]]

emission limitations. The annual performance test must be conducted 
using the test methods listed in Table 1 of this subpart and the 
procedures in 60.2922.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values are used to determine compliance. A 
12-hour rolling average value above the carbon monoxide emission limit 
in Table 1 of this subpart constitutes a deviation from the emission 
limitation.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.2916 or established under Sec.  60.2917. Three-
hour rolling average values are used to determine compliance with the 
operating limits unless a different averaging period is established 
under Sec.  60.2917. A 3-hour rolling average value (unless a different 
averaging period is established under Sec.  60.2917) above the 
established maximum or below the established minimum operating limits 
constitutes a deviation from the established operating limits. 
Operating limits do not apply during performance tests.


Sec.  60.2933  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months 
following the initial performance test. Conduct subsequent annual 
performance tests within 12 months following the previous one.


Sec.  60.2934  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 three consecutive annual tests, and all performance 
tests for the pollutant over that period 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 3rd year and no more than 36 
months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for 
the pollutant, you may choose to conduct performance tests for that 
pollutant every 3rd 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 any pollutant, you must conduct annual performance tests 
for that pollutant until three consecutive annual performance tests for 
that pollutant all show compliance.


Sec.  60.2935  May I conduct a repeat performance test to establish new 
operating limits?

    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.

Monitoring


Sec.  60.2939  What continuous emission monitoring systems must I 
install?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You 
must monitor the oxygen concentration at each location where you 
monitor carbon monoxide.
    (b) You must install, evaluate, and operate each continuous 
emission monitoring system according to the ``Monitoring Requirements'' 
in Sec.  60.13.


Sec.  60.2940  How do I make sure my continuous emission monitoring 
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure carbon 
monoxide and oxygen.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 60 days after your OSWI unit reaches the 
maximum load level at which it will operate, but no later than 180 days 
after its initial startup.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your carbon monoxide and oxygen 
continuous emission monitoring systems. To validate carbon monoxide 
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of 
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. Table 3 of this subpart shows the required 
span values and performance specifications that apply to each 
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.


Sec.  60.2941  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 12 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.


Sec.  60.2942  What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems, and is the data 
collection requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for carbon 
monoxide are in parts per million by dry volume at 7 percent oxygen. 
Use the 1-hour averages of oxygen data from your continuous emission 
monitoring system to determine the actual oxygen level and to calculate 
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle 
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for at least 90 percent of the operating days 
per calendar quarter. An operating day is any day the unit combusts any 
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you have deviated from the data 
collection requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you must still use all valid data from 
the continuous emission monitoring systems in calculating emission 
concentrations.
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to Table 3 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data.


Sec.  60.2943  How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.2975 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec.  60.2975 to calculate the 12-hour 
rolling averages for concentrations of carbon monoxide.

[[Page 74899]]

Sec.  60.2944  What operating parameter monitoring equipment must I 
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitations under Sec.  60.2915, 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.
    (b) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate a device or method for measuring the use of any 
stack that could be used to bypass the control device. The measurement 
must include the date, time, and duration of the use of the bypass 
stack.
    (c) If you are using a method or air pollution control device other 
than a wet scrubber to comply with the emission limitations under Sec.  
60.2915, 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.  60.2917.


Sec.  60.2945  Is there a minimum amount of operating parameter 
monitoring data I must obtain?

    (a) Except for monitor 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 OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent 
of the operating hours per day for at least 90 percent of the operating 
days per calendar quarter. An operating day is any day the unit 
combusts any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs 
(a) and (b) of this section, you have deviated from the data collection 
requirement regardless of the operating parameter level monitored.
    (d) 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.  60.2949  What records must I keep?

    You must maintain the 15 items (as applicable) as specified in 
paragraphs (a) through (o) 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 (8) 
of this section.
    (1) The OSWI 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 OSWI units that establish operating limits for controls 
other than wet scrubbers under Sec.  60.2917, you must maintain data 
collected for all operating parameters used to determine compliance 
with the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions 
and all 3-hour rolling average values of continuously monitored 
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the 
control device.
    (c) Identification of calendar dates and times for which continuous 
emission monitoring systems or monitoring systems used to monitor 
operating limits were inoperative, inactive, malfunctioning, or out of 
control (except for downtime associated with zero and span and other 
routine calibration checks). Identify the pollutant emissions or 
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 monitoring 
data show a deviation from the carbon monoxide emissions limit in Table 
1 of this subpart or a deviation from the operating limits in Table 2 
of this subpart or a deviation from other operating limits established 
under Sec.  60.2917 with a description of the deviations, reasons for 
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not 
collect the minimum amount of data required under Sec. Sec.  60.2942 
and 60.2945.
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your daily drift tests and quarterly accuracy 
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required 
under Sec.  60.2944.
    (i) 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 and a 
description of the types of waste burned during the test.
    (j) All documentation produced as a result of the siting 
requirements of Sec. Sec.  60.2894 and 60.2895.
    (k) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec.  60.2910(a) as required by 
Sec.  60.2910(b), including the date of the initial review and all 
subsequent annual reviews.
    (l) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec.  60.2908 or Sec.  60.2909. 
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.
    (m) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (n) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (o) The information listed in Sec.  60.2910(a).


Sec.  60.2950  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may 
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.

[[Page 74900]]

Sec.  60.2951  What reports must I submit?

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


Sec.  60.2952  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction 
that includes the five items listed in paragraphs (a) through (e) of 
this section.
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting 
requirements of Sec.  60.2895.
    (d) The waste management plan as specified in Sec. Sec.  60.2899 
through 60.2901.
    (e) Anticipated date of initial startup.


Sec.  60.2953  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating limits 
under Sec.  60.2917.
    (e) The anticipated date of initial startup.


Sec.  60.2954  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) and (b) 
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.  60.2927, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  60.2916 or Sec.  60.2917.


Sec.  60.2955  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.  60.2954. You must submit 
subsequent reports no more than 12 months following the previous 
report.


Sec.  60.2956  What information must I include in my annual report?

    The annual report required under Sec.  60.2955 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.  60.2957 
through 60.2959.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 
40 CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  60.2916 or Sec.  60.2917.
    (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 emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 
12-hour average, as applicable, for carbon monoxide emissions and 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.  60.2949(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.  60.2934(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.2934(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 OSWI unit operators 
were unavailable for more than 12 hours, but less than 2 weeks.


Sec.  60.2957  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 any 
recorded 12-hour average carbon monoxide emission rate is above the 
emission limitation, if the control device was bypassed, or if a 
performance test was conducted that showed a deviation 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.  60.2958  What must I include in the deviation report?

    In each report required under Sec.  60.2957, for any pollutant or 
operating parameter that deviated from the emission limitations or 
operating limits specified in this subpart, include the seven items 
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations 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 monitor 
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.
    (g) The dates, times, and durations of any bypass of the control 
device.


Sec.  60.2959  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 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Submit a notification of the deviation within 10 days 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 EPA 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 EPA to continue operation of the OSWI 
unit.

[[Page 74901]]

    (b) If your unit was shut down by EPA, under the provisions of 
Sec.  60.2911(c)(2), due to a failure to provide an accessible 
qualified operator, you must notify EPA that you are resuming operation 
once a qualified operator is accessible.


Sec.  60.2960  Are there any other notifications or reports that I must 
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.


Sec.  60.2961  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.  60.2962  Can reporting dates be changed?

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

Title V Operating Permits


Sec.  60.2966  Am I required to apply for and obtain a title V 
operating permit for my unit?

    Yes, if you are subject to this subpart, you are required to apply 
for and obtain a title V operating permit unless you meet the relevant 
requirements for an exemption specified in Sec.  60.2887.


Sec.  60.2967  When must I submit a title V permit application for my 
new unit?

    (a) If your new unit subject to this subpart is not subject to an 
earlier permit application deadline, a complete title V permit 
application must be submitted on or before one of the dates specified 
in paragraphs (a)(1) or (2) of this section. (See section 503(c) of the 
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
    (1) For a unit that commenced operation as a new source as of 
December 16, 2005, then a complete title V permit application must be 
submitted not later than December 18, 2006.
    (2) For a unit that does not commence operation as a new source 
until after December 16, 2005, then a complete title V permit 
application must be submitted not later than 12 months after the date 
the unit commences operation as a new source.
    (b) If your new unit subject to this subpart is subject to title V 
as a result of some triggering requirement(s) other than this subpart 
(for example, a unit subject to this subpart may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraph (a) of 
this section. If more than one requirement triggers a source's 
obligation to apply for a title V permit, the 12-month timeframe for 
filing a title V permit application is triggered by the requirement 
that first causes the source to be subject to title V. (See section 
503(c) of the Clean Air Act and 40 CFR 70.3(a) and (b), 40 CFR 
70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 
CFR 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 and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Temporary-Use Incinerators and Air Curtain Incinerators Used in 
Disaster Recovery


Sec.  60.2969  What are the requirements for temporary-use incinerators 
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority 
of the Stafford Act, has declared that an emergency or a major disaster 
exists in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within the boundaries of the same emergency or disaster 
declaration area, then it is excluded from the requirements of this 
subpart. You do not need to notify the Administrator of its use or meet 
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the 
unit as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials 
being burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator or air curtain incinerator must be operated for more 
than 8 weeks, and the amount of time for which you request permission 
to operate including the date you expect to cease operation of the 
unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) by the date specified in paragraph (b)(1), you may 
continue to operate the incinerator or air curtain incinerator for 
another 8 weeks, which is a total of 16 weeks from the date the unit 
started operation within the boundaries of the current emergency or 
disaster declaration area. You do not have to meet the emission 
limitations or other requirements of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, you must cease 
operation of the unit or comply with all requirements of this subpart, 
unless the Administrator has approved in writing your request to 
continue operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

[[Page 74902]]

Air Curtain Incinerators That Burn Only Wood Waste, Clean Lumber, and 
Yard Waste


Sec.  60.2970  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open, integrated combustion chamber (fire box) 
or open pit or trench (trench burner) in which combustion occurs. For 
the purpose of this subpart and subpart FFFF of this part only, air 
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (4) of this section are required to meet only 
the requirements in Sec. Sec.  60.2970 through 60.2974 and are exempt 
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.2971  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup, you must meet the two limitations specified 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) The limitations in paragraph (a) of this section apply at all 
times except during malfunctions.


Sec.  60.2972  How must I monitor opacity for air curtain incinerators 
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for 
more than 12 months following the date of the previous test, then you 
must conduct a test for opacity upon startup of the unit.


Sec.  60.2973  What are the recordkeeping and reporting requirements 
for air curtain incinerators that burn only wood waste, clean lumber, 
and yard waste?

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section.
    (1) Notification of your intent to construct the air curtain 
incinerator.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) Keep records of results of all initial and annual opacity tests 
in either paper copy or computer-readable format that can be printed 
upon request, unless the Administrator approves another format, for at 
least 5 years. You must keep each record on site for at least 2 years. 
You may keep the records off site for the remaining 3 years.
    (c) Make all records available for submittal to the Administrator 
or for an inspector's review.
    (d) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports on site for a 
period of 5 years. You must keep each report on site for at least 2 
years. You may keep the reports off site for the remaining 3 years.


Sec.  60.2974  Am I required to apply for and obtain a title V 
operating permit for my air curtain incinerator that burns only wood 
waste, clean lumber, and yard waste?

    Yes, if your air curtain incinerator is subject to this subpart, 
you are required to apply for and obtain a title V operating permit as 
specified in Sec. Sec.  60.2966 and 60.2967.

Equations


Sec.  60.2975  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 
percent oxygen using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.000

Where:

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

    (b) Capacity of a very small municipal waste combustion unit. For 
very small municipal waste combustion units that can operate 
continuously for 24-hour periods, calculate the unit capacity based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design 
based on heat input capacity, calculate the maximum charging rate based 
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts 
refuse-derived fuel, use a heating value of 12,800 kilojoules per 
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts 
municipal solid waste, use a heating value of 10,500 kilojoules per 
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design 
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit. 
Calculate the capacity of a batch OSWI unit as the maximum design 
amount of municipal solid waste it can charge per batch multiplied by 
the maximum number of batches it can process in 24 hours. Calculate the 
maximum number of batches by dividing 24 by the number of hours needed 
to process one batch. Retain fractional batches in the calculation. For 
example, if one batch requires 16 hours, the unit can combust 24/16, or 
1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant 
rates (Eh) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (Ea) for each 
12-hour period using the following equation:

[[Page 74903]]

[GRAPHIC] [TIFF OMITTED] TR16DE05.001

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour 
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O2.

Definitions


Sec.  60.2977  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency 
to whom the authority has been delegated by the Administrator of the 
EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified 
task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
FFFF of this part only, air curtain incinerators include both firebox 
and trench burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per 
day of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an 
interruption in access to surface transportation, preventing access to 
a Class I municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a 
landfill located in an area that annually receives 25 inches or less of 
precipitation.
    Class III municipal solid waste landfill is a landfill that is not 
connected by road to a Class I municipal solid waste landfill, as 
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by 
road, is located more than 50 miles from a Class I municipal solid 
waste landfill, and that accepts, for disposal, either of the following 
two criteria:
    (1) Ash from incinerated municipal waste in quantities less than 1 
ton per day on an annual average, which ash must be free of food scraps 
that might attract animals; or
    (2) Less than 5 tons per day of municipal solid waste, based on an 
annual average, and is not located in a place that meets either of the 
following criteria:
    (i) Where public access is restricted, including restrictions on 
the right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of 
employment and who do not consider the place to be their permanent 
residence.
    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, or manufactured wood 
products that contain adhesives or resins (e.g., plywood, particle 
board, flake board, and oriented strand board).
    Collected from means the transfer of material from the site at 
which the material is generated to a separate site where the material 
is burned.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec.  60.2885, 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 unit that meets the 
requirements in Sec.  60.2885 and is 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 of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional

[[Page 74904]]

waste also means solid waste (as defined in this subpart) combusted on 
site in an air curtain incinerator that is a distinct operating unit of 
any institutional facility.
    Institutional waste incineration unit means any combustion unit 
that combusts institutional waste (as defined in this subpart) and is a 
distinct operating unit of the institutional facility that generated 
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration 
units operating with starved or excess air, and any air curtain 
incinerator that is a distinct operating unit of the institutional 
facility that generated the institutional waste (except those air 
curtain incinerators listed in Sec.  60.2888(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow 
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that 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 byproduct 
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.
    Metropolitan Statistical Area means any areas listed as 
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled 
``Update of Statistical Area Definitions and Guidance on Their Uses'' 
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the 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.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) the term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) 
an incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec.  60.2887(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart FFFF of this part, any setting or equipment that 
combusts municipal solid waste (as defined in this subpart) including, 
but not limited to, field-erected, modular, cyclonic burn barrel, and 
custom built incineration units (with or without energy recovery) 
operating with starved or excess air, boilers, furnaces, pyrolysis/
combustion units, and air curtain incinerators (except those air 
curtain incinerators listed in Sec.  60.2888(b)).
    Other solid waste incineration (OSWI) unit means either a very 
small municipal waste combustion unit or an institutional waste 
incineration unit, as defined in this subpart. Unit types listed in 
Sec.  60.2887 as being excluded from the subpart are not OSWI units 
subject to this subpart. While not all OSWI units will include all of 
the following components, an OSWI unit includes, but is not limited to, 
the municipal or institutional solid waste feed system, grate system, 
flue gas system, waste heat recovery equipment, if any, and bottom ash 
system. The OSWI unit does not include air pollution control equipment 
or the stack. The OSWI unit boundary starts at the municipal or 
institutional waste hopper (if applicable) and extends through two 
areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The OSWI unit includes all ash handling systems connected to 
the bottom ash handling system.
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    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).
    Reconstruction means rebuilding an incineration unit and meeting 
two criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (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 unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI 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. For continuous OSWI, shutdown shall 
commence no less than 2 hours after the last charge to the incinerator. 
For intermittent OSWI, shutdown shall commence no less than 4 hours 
after the last charge to the incinerator. For batch OSWI, shutdown 
shall commence no less than 5 hours after the high-air phase of 
combustion has been completed.
    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 that are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, 
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct 
material

[[Page 74905]]

as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2014).
    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 OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.
    Very small municipal waste combustion unit means any municipal 
waste combustion unit that has the capacity to combust less than 35 
tons per day of municipal solid waste or refuse-derived fuel, as 
determined by the calculations in Sec.  60.2975.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products 
that have been painted, pigment-stained, or pressure treated by 
compounds such as chromate copper arsenate, pentachlorophenol, and 
creosote, or manufactured wood products that contain adhesives or 
resins (e.g., plywood, particle board, flake board, and oriented strand 
board).
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.

Tables to Subpart EEEE of Part 60

    As stated in Sec.  60.2915, you must comply with the following:

                            Table 1 to Subpart EEEE of Part 60.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  40 parts per million by  3-run average (1 hour    Method 10, 10A, or 10B
                                        dry volume.              minimum sample time      of appendix A of this
                                                                 per run during           part and CEMS.
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS.\b\
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
                                        standard cubic meter.    minimum sample meter     of this part.
                                                                 time per run).
4. Hydrogen chloride.................  15 parts per million by  3-run average (1 hour     Method 26A of appendix
                                        dry volume.              minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-run average (1 hour    Method 9 of appendix A
                                                                 minimum sample time      of this part.
                                                                 per run).
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Methods 7 and 7C only.
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec.   60.17(h)) in
                                                                                          lieu of Method 6 only.
 
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Calculated each hour as the average of the previous 12 operating hours.

    As stated in Sec.  60.2916, you must comply with the following:

[[Page 74906]]



            Table 2 to Subpart EEEE of Part 60.--Operating Limits for Incinerators and Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating  parameters    these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                               rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units a.
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling a.
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling a.
4. 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.

    As stated in Sec.  60.2940, you must comply with the following:

       Table 3 to Subpart EEEE of Part 60.--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
    For the following  pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  60.2951, you must comply with the following:

                     Table 4 to Subpart EEEE of Part 60.--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
               Report                       Due date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruction report..........  a. Prior to commencing  i. Statement of intent to    Sec.   60.2952.
                                      construction.           construct;.                 Sec.   60.2952.
                                                             ii. Anticipated date of
                                                              commencement of
                                                              onstruction;.
                                                             iii. Documentation for       Sec.   60.2952.
                                                              siting requirements;
                                                             iv. Waste management plan;   Sec.   60.2952.
                                                              and
                                                             v. Anticipated date of       Sec.   60.2952.
                                                              initial startup.
2. Startup notification............  a. Prior to initial     i. Types of waste to be      Sec.   60.2953.
                                      startup.                burned;                     Sec.   60.2953.
                                                             ii. Maximum design waste
                                                              burning capacity;.
                                                             iii. Anticipated maximum     Sec.   60.2953.
                                                              charge rate;
                                                             iv. If applicable, the       Sec.   60.2953.
                                                              petition for site-specific
                                                              operating limits; and
                                                             v. Anticipated date of       Sec.   60.2953.
                                                              initial startup.
3. Initial test report.............  a. No later than 60     i. Complete test report for  Sec.   60.2954.
                                      days following the      the initial performance     ......................
                                      initial performance     test; and                   Sec.   60.2954.
                                      test.                  ii. The values for the site-
                                                              specific operating limits.
4. Annual report...................  a. No later than 12     i. Company Name and          Sec.  Sec.   60.2955
                                      months following the    address;                     and 60.2956.
                                      submission of the      ...........................  ......................
                                      initial test report.   ii. Statement and signature  Sec.  Sec.   60.2955
                                      Subsequent reports      by the owner or operator;.   and 60.2956.
                                      are to be submitted    iii. Date of report;.......  Sec.  Sec.   60.2955
                                      no more than 12        ...........................   and 60.2956.
                                      months following the   iv. Values for the           ......................
                                      previous report.        operating limits;.          Sec.  Sec.   60.2955
                                                             ...........................   and 60.2956.
                                                             v. If no deviations or       ......................
                                                              malfunctions were           Sec.  Sec.   60.2955
                                                              reported, a statement that   and 60.2956.
                                                              no deviations occurred
                                                              during the reporting
                                                              period;.
                                                             vi. Highest and lowest       Sec.  Sec.   60.2955
                                                              recorded 12-hour averages,   and 60.2956.
                                                              as applicable, for carbon
                                                              monoxide emissions and
                                                              highest and lowest
                                                              recorded 3-hour averages,
                                                              as applicable, for each
                                                              operating parameter
                                                              recorded for the calendar
                                                              year being reported;

[[Page 74907]]

 
                                                             vii. Information for         Sec.  Sec.   60.2955
                                                              deviations or malfunctions   and 60.2956.
                                                              recorded under Sec.
                                                              60.2949(b)(6) and (c)
                                                              through (e);
                                                             viii. If a performance test  Sec.  Sec.   60.2955
                                                              was conducted during the     and 60.2956.
                                                              reporting period, the
                                                              results of the test;
                                                             ix. If a performance test    Sec.  Sec.   60.2955
                                                              was not conducted during     and 60.2956.
                                                              the reporting period, a
                                                              statement that the
                                                              requirements of Sec.
                                                              60.2934 (a) or (b) were
                                                              met; and
                                                             x. Documentation of periods  Sec.  Sec.   60.2955
                                                              when all qualified OSWI      and 60.2956.
                                                              unit operators were
                                                              unavailable for more than
                                                              12 hours but less than 2
                                                              weeks.
5. Emission limitation or operating  a. By August 1 of that  i. Dates and times of        Sec.  Sec.   60.2957
 limit deviation report.              year for data           deviation;                   and 60.2958.
                                      collected during the   ...........................  ......................
                                      first half of the      ii. Averaged and recorded    Sec.  Sec.   60.2957
                                      calendar year. By       data for those dates;.       and 60.2958.
                                      February 1 of the      iii. Duration and causes of  Sec.  Sec.   60.2957
                                      following year for      each deviation and the       and 60.2958.
                                      data collected during   corrective actions taken;.  ......................
                                      the second half of     iv. Copy of operating limit  Sec.  Sec.   60.2957
                                      the calendar year.      monitoring data and any      and 60.2958.
                                                              test reports;.              ......................
                                                             v. Dates, times, and causes  Sec.  Sec.   60.2957
                                                              for monitor downtimes        and 60.2958.
                                                              incidents;.                 ......................
                                                             vi. Whether each deviation   Sec.  Sec.   60.2957
                                                              occurred during a period     and 60.2958.
                                                              of startup, shutdown, or
                                                              malfunction; and.
                                                             vii. Dates, times, and       Sec.  Sec.   60.2957
                                                              durations of any bypass of   and 60.2958.
                                                              the control device.
6. Qualified operator deviation      a. Within 10 days of    i. Statement of cause of     Sec.   60.2959(a)(1).
 notification.                        deviation.              deviation;.                 Sec.   60.2959(a)(1)
                                                             ii. Description of efforts
                                                              to have an accessible
                                                              qualified operator; and.
                                                             iii. The date a qualified    Sec.   60.2959(a)(1).
                                                              operator will be
                                                              accessible.
7. Qualified operation deviation     a. Every 4 weeks        i. Description of efforts    Sec.   60.2959(a)(2).
 status report.                       following deviation.    to have an accessible       ......................
                                                              qualified operator;         Sec.   60.2959(a)(2).
                                                             ii. The date a qualified
                                                              operator will be
                                                              accessible; and.
                                                             iii. Request to continue     Sec.   60.2959(a)(2).
                                                              operation
8. Qualified operator deviation      a. Prior to resuming    i. Notification that you     Sec.   60.2959(b).
 notification of resumed operation.   operation.              are resuming operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.


0
4. Part 60 is amended by adding subpart FFFF to read as follows:
Subpart FFFF--Emission Guidelines and Compliance Times for Other Solid 
Waste Incineration Units That Commenced Construction On or Before 
December 9, 2004

Introduction

Sec.
60.2980 What is the purpose of this subpart?
60.2981 Am I affected by this subpart?
60.2982 Is a State plan required for all States?
60.2983 What must I include in my State plan?
60.2984 Is there an approval process for my State plan?
60.2985 What if my State plan is not approvable?
60.2986 Is there an approval process for a negative declaration 
letter?
60.2987 What compliance schedule must I include in my State plan?
60.2988 Are there any State plan requirements for this subpart that 
apply instead of the requirements specified in subpart B of this 
part?
60.2989 Does this subpart directly affect incineration unit owners 
and operators in my State?
60.2990 What Authorities are withheld by EPA?

Applicability of State Plans

60.2991 What incineration units must I address in my State plan?
60.2992 What is an existing incineration unit?
60.2993 Are any combustion units excluded from my State plan?
60.2994 Are air curtain incinerators regulated under this subpart?

Model Rule--Use of Model Rule

60.2996 What is the purpose of the ``model rule'' in this subpart?
60.2997 How does the model rule relate to the required elements of 
my State plan?
60.2998 What are the principal components of the model rule?

Model Rule--Compliance Schedule

60.3000 When must I comply?
60.3001 What must I do if I close my OSWI unit and then restart it?
60.3002 What must I do if I plan to permanently close my OSWI unit 
and not restart it?

Model Rule--Waste Management Plan

60.3010 What is a waste management plan?
60.3011 When must I submit my waste management plan?
60.3012 What should I include in my waste management plan?

Model Rule--Operator Training and Qualification

60.3014 What are the operator training and qualification 
requirements?
60.3015 When must the operator training course be completed?
60.3016 How do I obtain my operator qualification?
60.3017 How do I maintain my operator qualification?
60.3018 How do I renew my lapsed operator qualification?
60.3019 What site-specific documentation is required?
60.3020 What if all the qualified operators are temporarily not 
accessible?

Model Rule--Emission Limitations and Operating Limits

60.3022 What emission limitations must I meet and by when?
60.3023 What operating limits must I meet and by when?
60.3024 What if I do not use a wet scrubber to comply with the 
emission limitations?
60.3025 What happens during periods of startup, shutdown, and 
malfunction?

Model Rule--Performance Testing

60.3027 How do I conduct the initial and annual performance test?
60.3028 How are the performance test data used?

[[Page 74908]]

Model Rule--Initial Compliance Requirements

60.3030 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
60.3031 By what date must I conduct the initial performance test?

Model Rule--Continuous Compliance Requirements

60.3033 How do I demonstrate continuous compliance with the emission 
limitations and the operating limits?
60.3034 By what date must I conduct the annual performance test?
60.3035 May I conduct performance testing less often?
60.3036 May I conduct a repeat performance test to establish new 
operating limits?

Model Rule--Monitoring

60.3038 What continuous emission monitoring systems must I install?
60.3039 How do I make sure my continuous emission monitoring systems 
are operating correctly?
60.3040 What is my schedule for evaluating continuous emission 
monitoring systems?
60.3041 What is the minimum amount of monitoring data I must collect 
with my continuous emission monitoring systems, and is the data 
collection requirement enforceable?
60.3042 How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?
60.3043 What operating parameter monitoring equipment must I 
install, and what operating parameters must I monitor?
60.3044 Is there a minimum amount of operating parameter monitoring 
data I must obtain?

Model Rule--Recordkeeping and Reporting

60.3046 What records must I keep?
60.3047 Where and in what format must I keep my records?
60.3048 What reports must I submit?
60.3049 What information must I submit following my initial 
performance test?
60.3050 When must I submit my annual report?
60.3051 What information must I include in my annual report?
60.3052 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.3053 What must I include in the deviation report?
60.3054 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.3055 Are there any other notifications or reports that I must 
submit?
60.3056 In what form can I submit my reports?
60.3057 Can reporting dates be changed?

Model Rule--Title V Operating Permits

60.3059 Am I required to apply for and obtain a title V operating 
permit for my unit?
60.3060 When must I submit a title V permit application for my 
existing unit?

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators 
Used in Disaster Recovery

60.3061 What are the requirements for temporary-use incinerators and 
air curtain incinerators used in disaster recovery?

Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean 
Lumber, and Yard Waste

60.3062 What is an air curtain incinerator?
60.3063 When must I comply if my air curtain incinerator burns only 
wood waste, clean lumber, and yard waste?
60.3064 What must I do if I close my air curtain incinerator that 
burns only wood waste, clean lumber, and yard waste and then restart 
it?
60.3065 What must I do if I plan to permanently close my air curtain 
incinerator that burns only wood waste, clean lumber, and yard waste 
and not restart it?
60.3066 What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard 
waste?
60.3067 How must I monitor opacity for air curtain incinerators that 
burn only wood waste, clean lumber, and yard waste?
60.3068 What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn only wood waste, clean lumber, 
and yard waste?
60.3069 Am I required to apply for and obtain a title V operating 
permit for my air curtain incinerator that burns only wood waste, 
clean lumber, and yard waste?

Model Rule--Equations

60.3076 What equations must I use?

Model Rule--Definitions

60.3078 What definitions must I know?

Tables to Subpart FFFF of Part 60

Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule
Table 2 to Subpart FFFF of Part 60--Model Rule--Emission Limitations
Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits for 
Incinerators and Wet Scrubbers
Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for 
Continuous Emission Monitoring Systems (CEMS)
Table 5 to Subpart FFFF of Part 60--Model Rule--Summary of Reporting 
Requirements a
Subpart FFFF--Emission Guidelines and Compliance Times for Other Solid 
Waste Incineration Units That Commenced Construction On or Before 
December 9, 2004

Introduction


Sec.  60.2980  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from other solid waste 
incineration (OSWI) units. The pollutants addressed by these emission 
guidelines are listed in Table 2 of this subpart. These emission 
guidelines are developed in accordance with sections 111(d) and 129 of 
the Clean Air Act and subpart B of this part.


Sec.  60.2981  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing OSWI 
units or air curtain incinerators subject to this subpart as described 
in Sec.  60.2994(b) that commenced construction on or before December 
9, 2004, you must submit a State plan to the U.S. Environmental 
Protection Agency (EPA) that implements the emission guidelines 
contained in this subpart.
    (b) You must submit the State plan to EPA by December 18, 2006.


Sec.  60.2982  Is a State plan required for all States?

    No, you are not required to submit a State plan if there are no 
existing OSWI units or air curtain incinerators subject to this subpart 
as described in Sec.  60.2994(b) in your State and you submit a 
negative declaration letter in place of the State plan.


Sec.  60.2983  What must I include in my State plan?

    (a) You must include the following nine items in your State plan:
    (1) Inventory of affected incineration units, including those that 
have ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected incineration units in your 
State.
    (3) Compliance schedules for each affected incineration unit.
    (4) For each affected incineration unit, emission limitations, 
operator training and qualification requirements, a waste management 
plan, and operating parameter requirements that are at least as 
protective as the emission guidelines contained in this subpart.
    (5) Stack testing, recordkeeping, and reporting requirements.
    (6) Transcript of the public hearing on the State plan.
    (7) Provision for State progress reports to EPA.
    (8) Identification of enforceable State mechanisms that you 
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of your State's legal authority to carry out the 
sections 111(d) and 129 in your State plan.
    (b) Your State plan may deviate from the format and content of the 
emission guidelines contained in this subpart.

[[Page 74909]]

However, if your State plan does deviate, you must demonstrate that 
your State plan is at least as protective as the emission guidelines 
contained in this subpart. Your State plan must address regulatory 
applicability, compliance schedule, operator training and 
qualification, a waste management plan, emission limitations, stack 
testing, operating parameter requirements, monitoring, recordkeeping 
and reporting, and air curtain incinerator requirements.
    (c) You must follow the requirements of subpart B of this part 
(Adoption and Submittal of State Plans for Designated Facilities) in 
your State plan.


Sec.  60.2984  Is there an approval process for my State plan?

    Yes, EPA will review your State plan according to Sec.  60.27.


Sec.  60.2985  What if my State plan is not approvable?

    If you do not submit an approvable State plan (or a negative 
declaration letter) by December 17, 2007, EPA will develop a Federal 
plan according to Sec.  60.27 to implement the emission guidelines 
contained in this subpart. Owners and operators of incineration units 
not covered by an approved State plan must comply with the Federal 
plan. The Federal plan is an interim action and applies to units until 
a State plan covering those units is approved and becomes effective.


Sec.  60.2986  Is there an approval process for a negative declaration 
letter?

    No, EPA has no formal review process for negative declaration 
letters. Once we receive your negative declaration letter, we will 
place a copy in the public docket and publish a notice in the Federal 
Register. If, at a later date, an existing incineration unit is found 
in your State, the Federal plan implementing the emission guidelines 
contained in this subpart would automatically apply to that unit until 
your State plan is approved.


Sec.  60.2987  What compliance schedule must I include in my State 
plan?

    Your State plan must include compliance schedules that require OSWI 
units and air curtain incinerators subject to this subpart as described 
in Sec.  60.2994(b) to achieve final compliance as expeditiously as 
practicable after approval of the State plan but not later than the 
earlier of the following two dates:
    (a) December 16, 2010.
    (b) Three years after the effective date of State plan approval.


Sec.  60.2988  Are there any State plan requirements for this subpart 
that apply instead of the requirements specified in subpart B of this 
part?

    Yes, subpart B of this part establishes general requirements for 
developing and processing section 111(d) plans. This subpart applies 
instead of the requirements in subpart B of this part for the 
following:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all OSWI units and air curtain incinerators subject 
to this subpart as described in Sec.  60.2994(b) to comply by December 
16, 2010 or 3 years after the effective date of State plan approval, 
whichever is sooner. This applies instead of the option for case-by-
case less stringent emission standards and longer compliance schedules 
in Sec.  60.24(f).
    (b) State plans developed to implement this subpart are required to 
include only one increment of progress for the affected incineration 
units. This increment is the final compliance date in Sec.  
60.21(h)(5). This applies instead of the requirement of Sec.  
60.24(e)(1).


Sec.  60.2989  Does this subpart directly affect incineration unit 
owners and operators in my State?

    (a) No, this subpart does not directly affect incineration unit 
owners and operators in your State. However, unit owners and operators 
must comply with the State plan you develop to implement the emission 
guidelines contained in this subpart.
    (b) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart by December 17, 2007, 
EPA will implement and enforce a Federal plan, as provided in Sec.  
60.2985, to ensure that each unit within your State reaches compliance 
with all the provisions of this subpart by December 16, 2010.


Sec.  60.2990  What Authorities are withheld by EPA?

    The following authorities are withheld by EPA and not transferred 
to the State, local or tribal agency:
    (1) Approval of alternatives to the emission limitations in Table 2 
of this subpart and operating limits established under Sec.  60.3023 
and Table 3 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.  
60.3024.
    (3) Approval of major alternatives to test methods.
    (4) Approval of major alternatives to monitoring.
    (5) Approval of major alternatives to recordkeeping and reporting.
    (6) The status report requirements in Sec.  60.3020(c)(2).

Applicability of State Plans


Sec.  60.2991  What incineration units must I address in my State plan?

    Your State plan must address all incineration units in your State 
that meet all the requirements specified in paragraphs (a) through (c) 
of this section.
    (a) The incineration unit is an existing incineration unit as 
defined in Sec.  60.2992.
    (b) The incineration unit is an OSWI unit as defined in Sec.  
60.3078 or an air curtain incinerator subject to this subpart as 
described in Sec.  60.2994(b). OSWI units are very small municipal 
waste combustion units and institutional waste incineration units as 
defined in Sec.  60.3078.
    (c) The incineration unit is not excluded under Sec.  60.2993.


Sec.  60.2992  What is an existing incineration unit?

    An existing incineration unit is an OSWI unit or air curtain 
incinerator subject to this subpart that commenced construction on or 
before December 9, 2004, except as provided in paragraph (a) of this 
section.
    (a) If the owner or operator of an incineration unit makes changes 
that meet the definition of modification or reconstruction on or after 
June 16, 2006, the unit becomes subject to subpart EEEE of this part 
(New Source Performance Standards for Other Solid Waste Incineration 
Units) and the State plan no longer applies to that unit.
    (b) If the owner or operator of an existing incineration unit makes 
physical or operational changes to the unit primarily to comply with 
the State plan, then subpart EEEE of this part does not apply to that 
unit. Such changes do not qualify as modifications or reconstructions 
under subpart EEEE of this part.


Sec.  60.2993  Are any combustion units excluded from my State plan?

    This subpart excludes the types of units described in paragraphs 
(a) through (q) of this section, as long as the owner/operator meets 
the requirements of this section.
    (a) Cement kilns. The unit is excluded if it is regulated under 
subpart LLL of part 63 of this chapter (National Emission Standards for 
Hazardous Air Pollutants from the Portland Cement Manufacturing 
Industry).
    (b) Co-fired combustors. The unit, that would otherwise be 
considered a very small municipal waste combustion unit, is excluded if 
the owner/operator of the

[[Page 74910]]

unit meets the five requirements specified in paragraphs (b)(1) through 
(5) of this section.
    (1) Has a Federally enforceable permit limiting the combustion of 
municipal solid waste to 30 percent of the total fuel input by weight.
    (2) Notifies the Administrator that the unit qualifies for the 
exclusion.
    (3) Provides the Administrator with a copy of the Federally 
enforceable permit.
    (4) Records the weights, each calendar quarter, of municipal solid 
waste and of all other fuels combusted.
    (5) Keeps each report for 5 years. These records must be kept on 
site for at least 2 years, but may be kept off site for the remaining 3 
years.
    (c) Cogeneration facilities. The unit is excluded if it meets the 
three requirements specified in paragraphs (c)(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) The owner/operator of the unit notifies the Administrator that 
the unit meets all of these criteria.
    (d) Commercial and industrial solid waste incineration units. The 
unit is excluded if it is regulated under subparts CCCC or DDDD of this 
part or subpart III of part 62 and is required to meet the emission 
limitations established in those subparts.
    (e) Hazardous waste combustion units. The unit is excluded if it 
meets either of the two criteria specified in paragraph (e)(1) or (2) 
of this section.
    (1) The owner/operator of the unit is required to get a permit for 
the unit under section 3005 of the Solid Waste Disposal Act.
    (2) The unit is regulated under 40 CFR part 63, subpart EEE 
(National Emission Standards for Hazardous Air Pollutants from 
Hazardous Waste Combustors).
    (f) Hospital/medical/infectious waste incinerators. The unit is 
excluded if it is regulated under subparts Ce or Ec of this part (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators) or subpart HHH of part 62 
(Federal Plan for Hospital/Medical/Infectious Waste Incinerators 
constructed on or before June 20, 1996).
    (g) Incinerators and air curtain incinerators in isolated areas of 
Alaska. The incineration unit is excluded if it is used at a solid 
waste disposal site in Alaska that is classified as a Class II or Class 
III municipal solid waste landfill, as defined in Sec.  60.3078.
    (h) Rural institutional waste incinerators. The incineration unit 
is excluded if it is an institutional waste incinerator, as defined in 
Sec.  60.3078, and the application for exclusion described in 
paragraphs (h)(1) and (2) of this section has been approved by the 
Administrator.
    (1) Prior to 1 year before the final compliance date, an 
application and supporting documentation demonstrating that the 
institutional waste incineration unit meets the two requirements 
specified in paragraphs (h)(1)(i) and (ii) of this section must be 
submitted to the Administrator for approval.
    (i) The unit is located more than 50 miles from the boundary of the 
nearest Metropolitan Statistical Area,
    (ii) Alternative disposal options are not available or are 
economically infeasible.
    (2) The application described in paragraph (h)(1) of this section 
must be revised and resubmitted to the Administrator for approval every 
5 years following the initial approval of the exclusion for your unit.
    (3) If you re-applied for an exclusion pursuant to paragraph (h)(2) 
of this section and were denied exclusion by the Administrator, you 
have 3 years from the expiration date of the current exclusion to 
comply with the emission limits and all other applicable requirements 
of this subpart.
    (i) Institutional boilers and process heaters. The unit is excluded 
if it is regulated under 40 CFR part 63, subpart DDDDD (National 
Emission Standards for Hazardous Air Pollutants for Industrial, 
Commercial, and Institutional Boilers and Process Heaters).
    (j) Laboratory Analysis Units. The unit is excluded if it burns 
samples of materials only for the purpose of chemical or physical 
analysis.
    (k) Materials recovery units. The unit is excluded if it combusts 
waste for the primary purpose of recovering metals. Examples include 
primary and secondary smelters.
    (l) Pathological waste incineration units. The institutional waste 
incineration unit or very small municipal waste combustion unit is 
excluded from this subpart if it burns 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.  60.3078 and the 
owner/operator of the unit notifies the Administrator that the unit 
meets these criteria.
    (m) Small or large municipal waste combustion units. The unit is 
excluded if it is regulated under subparts AAAA, BBBB, Ea, Eb, or Cb, 
of this part or subparts FFF or JJJ of part 62 and is required to meet 
the emission limitations established in those subparts.
    (n) Small power production facilities. The unit is excluded if it 
meets the three requirements specified in paragraphs (n)(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) The owner/operator of the unit notifies the Administrator that 
the unit meets all of these criteria.
    (o) Temporary-use incinerators and air curtain incinerators used in 
disaster recovery. The incineration unit is excluded if it is used on a 
temporary basis to combust debris from a disaster or emergency such as 
a tornado, hurricane, flood, ice storm, high winds, or act of 
bioterrorism and you comply with the requirements in Sec.  60.3061.
    (p) Units that combust contraband or prohibited goods. The 
incineration unit is excluded if the unit is owned or operated by a 
government agency such as police, customs, agricultural inspection, or 
a similar agency to destroy only illegal or prohibited goods such as 
illegal drugs, or agricultural food products that can not be 
transported into the country or across state lines to prevent 
biocontamination. The exclusion does not apply to items either 
confiscated or incinerated by private, industrial, or commercial 
entities.
    (q) Incinerators used for national security. Your incineration unit 
is excluded if it meets the requirements specified in either (q)(1) or 
(2) of this section.
    (1) The incineration unit is used solely during military training 
field exercises to destroy national security materials integral to the 
field exercises.
    (2) The incineration unit is used solely to incinerate national 
security materials, its use is necessary to safeguard national 
security, you follow the exclusion request requirements in paragraphs 
(q)(2)(i) and (ii) of this section, and the Administrator has approved 
your request for exclusion.
    (i) The request for exclusion and supporting documentation must 
demonstrate both that the incineration unit is used solely to destroy 
national

[[Page 74911]]

security materials and that a reliable alternative to incineration that 
ensures acceptable destruction of national security materials is 
unavailable, on either a permanent or temporary basis.
    (ii) The request for exclusion must be submitted to the 
Administrator prior to 1 year before the final compliance date.


Sec.  60.2994  Are air curtain incinerators regulated under this 
subpart?

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are subject to all requirements of this 
subpart, including the emission limitations specified in Table 2 of 
this subpart.
    (b) Air curtain incinerators that burn only less than 35 tons per 
day of the materials listed in paragraphs (b)(1) through (4) of this 
section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec.  60.3062 through 60.3069 and are exempt from all other 
requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.

Model Rule--Use of Model Rule


Sec.  60.2996  What is the purpose of the ``model rule'' in this 
subpart?

    (a) The model rule provides the emission guidelines requirements in 
a standard regulation format. You must develop a State plan that is at 
least as protective as the model rule. You may use the model rule 
language as part of your State plan. Alternative language may be used 
in your State plan if you demonstrate that the alternative language is 
at least as protective as the model rule contained in this subpart.
    (b) In the ``model rule'' of Sec. Sec.  60.3000 through 60.3078, 
``you'' means the owner or operator of an OSWI unit or air curtain 
incinerator subject to this subpart.


Sec.  60.2997  How does the model rule relate to the required elements 
of my State plan?

    Use the model rule to satisfy the State plan requirements specified 
in Sec.  60.2983(a)(4) and (5).


Sec.  60.2998  What are the principal components of the model rule?

    The model rule contains nine major components, as follows:
    (a) Compliance schedule.
    (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.

Model Rule--Compliance Schedule


Sec.  60.3000  When must I comply?

    Table 1 of this subpart specifies the final compliance date. You 
must submit a notification to the Administrator stating whether final 
compliance has been achieved, postmarked within 10 business days after 
the final compliance date in Table 1 of this subpart.


Sec.  60.3001  What must I do if I close my OSWI unit and then restart 
it?

    (a) If you close your OSWI unit but will reopen it prior to the 
final compliance date in your State plan, you must meet the final 
compliance date specified in Table 1 of this subpart.
    (b) If you close your OSWI unit but will restart it after your 
final compliance date, you must complete emission control retrofit and 
meet the emission limitations on the date your OSWI unit restarts 
operation. You must conduct your initial performance test within 30 
days of restarting your OSWI unit.


Sec.  60.3002  What must I do if I plan to permanently close my OSWI 
unit and not restart it?

    You must close the unit before the final compliance date specified 
in Table 1 of this subpart.

Model Rule--Waste Management Plan


Sec.  60.3010  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.  60.3011  When must I submit my waste management plan?

    You must submit a waste management plan no later than 60 days 
following the initial performance test as specified in Table 5 of this 
subpart. Section 60.3031 specifies the date by which you are required 
to conduct your performance test.


Sec.  60.3012  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 implement those measures the source considers practical 
and feasible, considering 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.

Model Rule--Operator Training and Qualification


Sec.  60.3014  What are the operator training and qualification 
requirements?

    (a) No OSWI unit can be operated unless a fully trained and 
qualified OSWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified OSWI 
unit operator may operate the OSWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. 
If all qualified OSWI unit operators are temporarily not accessible, 
you must follow the procedures in Sec.  60.3020.
    (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 13 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 (if applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Methods to monitor pollutants (including monitoring of 
incinerator and control device operating parameters)

[[Page 74912]]

and monitoring equipment calibration procedures, where applicable.
    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction.
    (ix) Bottom and fly ash characteristics and handling procedures.
    (x) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (xi) Pollution prevention.
    (xii) Waste management practices.
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.


Sec.  60.3015  When must the operator training course be completed?

    The operator training course must be completed by the latest of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date specified in Table 1 of this subpart.
    (b) Six months after your OSWI unit startup.
    (c) Six months after an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.


Sec.  60.3016  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.3014(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.  60.3014(c)(2).


Sec.  60.3017  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course 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.  60.3018  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.  60.3017.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.3016(a).


Sec.  60.3019  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the nine topics 
described in paragraphs (a)(1) through (9) 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 
operating limits established under this subpart.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  60.3010 
through 60.3012.
    (9) Procedures for handling ash.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the latest of three dates 
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date specified in Table 1 of this subpart.
    (ii) Six months after your OSWI unit startup.
    (iii) Six months after an employee assumes responsibility for 
operating the OSWI unit or assumes responsibility for supervising the 
operation of the OSWI unit.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted not 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 OSWI unit operators who have 
completed review of the information in paragraph (a) of this section as 
required by paragraph (b) of this section, including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec.  60.3017 or Sec.  60.3018. 
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.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  60.3020  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 three criteria specified in paragraphs (a) 
through (c) 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 12 hours or 
less, the OSWI unit may be operated by other plant personnel familiar 
with the operation of the OSWI unit who have completed review of the 
information specified in Sec.  60.3019(a) within the past 12 months. 
You do not need to notify the Administrator or include this as a 
deviation in your annual report.
    (b) When all qualified operators are not accessible for more than 
12 hours, but less than 2 weeks, the OSWI unit may be operated by other 
plant personnel familiar with the operation of the OSWI unit who have 
completed a review of the information specified in Sec.  60.3019(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.  60.3051.
    (c) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(c)(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,

[[Page 74913]]

and when you anticipate that a qualified operator will be accessible.
    (2) Submit a status report to EPA 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 EPA to continue operation of the OSWI unit. 
You must submit the first status report 4 weeks after you notify the 
Administrator of the deviation under paragraph (c)(1) of this section. 
If EPA notifies you that your request to continue operation of the OSWI 
unit is disapproved, the OSWI 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 (c)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
60.3014(a).
    (ii) You notify EPA that a qualified operator is accessible and 
that you are resuming operation.

Model Rule--Emission Limitations and Operating Limits


Sec.  60.3022  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 2 of this 
subpart on the date the initial performance test is required or 
completed (whichever is earlier). Section 60.3031 specifies the date by 
which you are required to conduct your performance test.


Sec.  60.3023  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 3 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 paragraphs (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
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 the 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 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 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 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 the average 
liquor pH at the inlet to the wet scrubber measured during the most 
recent performance test demonstrating compliance with the hydrogen 
chloride and sulfur dioxide emission limitations.
    (b) You must meet the operating limits established during the 
initial performance test beginning on the date 180 days after your 
final compliance date in Table 1 of this subpart.


Sec.  60.3024  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.  60.3022, you must petition EPA for 
specific operating limits, the values of which are to be established 
during the initial performance test and then continuously monitored 
thereafter. You must not conduct the initial performance test until 
after the petition has been approved by EPA. 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 
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 that 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.  60.3025  What happens during periods of startup, shutdown, and 
malfunction?

    The emission limitations and operating limits apply at all times 
except during OSWI unit startups, shutdowns, or malfunctions.

Model Rule--Performance Testing


Sec.  60.3027  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) All performance tests must be conducted using the methods in 
Table 2 of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in Table 2 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in Sec.  60.3076.
    (g) Method 26A of appendix A of this part must be used for hydrogen 
chloride concentration analysis, with the additional requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The probe and filter must be conditioned prior to sampling 
using the procedure described in paragraphs (g)(1)(i) through (iii) of 
this section.
    (i) Assemble the sampling train(s) and conduct a conditioning run 
by collecting between 14 liters per minute (0.5 cubic feet per minute) 
and 30 liters per minute (1.0 cubic feet per minute) of gas over a 1-
hour period. Follow the sampling procedures outlined in section 8.1.5 
of Method 26A of appendix A of this part. For the conditioning run, 
water can be used as the impinger solution.
    (ii) Remove the impingers from the sampling train and replace with 
a fresh impinger train for the sampling run, leaving the probe and 
filter (and cyclone, if used) in position. Do not recover the filter or 
rinse the probe before the first run. Thoroughly rinse the impingers 
used in the

[[Page 74914]]

preconditioning run with deionized water and discard these rinses.
    (iii) The probe and filter assembly are conditioned by the stack 
gas and are not recovered or cleaned until the end of testing.
    (2) For the duration of sampling, a temperature around the probe 
and filter (and cyclone, if used) between 120 [deg]C (248 [deg]F) and 
134 [deg]C (273 [deg]F) must be maintained.
    (3) If water droplets are present in the sample gas stream, the 
requirements specified in paragraphs (g)(3)(i) and (ii) of this section 
must be met.
    (i) The cyclone described in section 6.1.4 of Method 26A of 
appendix A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of this part must be used.


Sec.  60.3028  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in Table 2 of this subpart.

Model Rule--Initial Compliance Requirements


Sec.  60.3030  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 
Sec.  60.8, to determine compliance with the emission limitations in 
Table 2 of this subpart and to establish operating limits using the 
procedure in Sec.  60.3023 or Sec.  60.3024. The initial performance 
test must be conducted using the test methods listed in Table 2 of this 
subpart and the procedures in Sec.  60.3027.


Sec.  60.3031  By what date must I conduct the initial performance 
test?

    The initial performance test must be conducted no later than 180 
days after your final compliance date. Your final compliance date is 
specified in Table 1 of this subpart.

Model Rule--Continuous Compliance Requirements


Sec.  60.3033  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) You must conduct an annual performance test for all of the 
pollutants in Table 2 of this subpart for each OSWI unit to determine 
compliance with the emission limitations. The annual performance test 
must be conducted using the test methods listed in Table 2 of this 
subpart and the procedures in Sec.  60.3027.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values are used to determine compliance. A 
12-hour rolling average value above the carbon monoxide emission limit 
in Table 2 constitutes a deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.3023 or established under Sec.  60.3024. Three-
hour rolling average values are used to determine compliance with the 
operating limits unless a different averaging period is established 
under Sec.  60.3024. A 3-hour rolling average value (unless a different 
averaging period is established under Sec.  60.3024) above the 
established maximum or below the established minimum operating limits 
constitutes a deviation from the established operating limits. 
Operating limits do not apply during performance tests.


Sec.  60.3034  By what date must I conduct the annual performance test?

    You must conduct annual performance tests within 12 months 
following the initial performance test. Conduct subsequent annual 
performance tests within 12 months following the previous one.


Sec.  60.3035  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 three consecutive annual tests, and all performance 
tests for the pollutant over that period 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 3rd year and no more than 36 
months following the previous performance test.
    (b) If your OSWI unit continues to meet the emission limitation for 
the pollutant, you may choose to conduct performance tests for that 
pollutant every 3rd 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 any pollutant, you must conduct annual performance tests 
for that pollutant until three consecutive annual performance tests for 
that pollutant all show compliance.


Sec.  60.3036  May I conduct a repeat performance test to establish new 
operating limits?

    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.

Model Rule--Monitoring


Sec.  60.3038  What continuous emission monitoring systems must I 
install?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You 
must monitor the oxygen concentration at each location where you 
monitor carbon monoxide.
    (b) You must install, evaluate, and operate each continuous 
emission monitoring system according to the ``Monitoring Requirements'' 
in Sec.  60.13.


Sec.  60.3039  How do I make sure my continuous emission monitoring 
systems are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure carbon 
monoxide and oxygen.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 180 days after your final compliance date in 
Table 1 of this subpart.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your carbon monoxide and oxygen 
continuous emission monitoring systems. To validate carbon monoxide 
concentration levels, use EPA Method 10, 10A, or 10B of appendix A of 
this part. Use EPA Method 3 or 3A to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. Table 4 of this subpart shows the required 
span values and performance specifications that apply to each 
continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of this part for each continuous emission monitoring system. 
The procedures include daily calibration drift and quarterly accuracy 
determinations.


Sec.  60.3040  What is my schedule for evaluating continuous emission 
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 12 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of this part.

[[Page 74915]]

Sec.  60.3041  What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems, and is the data 
collection requirement enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for carbon 
monoxide are in parts per million by dry volume at 7 percent oxygen. 
Use the 1-hour averages of oxygen data from your continuous emission 
monitoring system to determine the actual oxygen level and to calculate 
emissions at 7 percent oxygen.
    (b) Obtain at least two data points per hour in order to calculate 
a valid 1-hour arithmetic average. Section 60.13(e)(2) requires your 
continuous emission monitoring systems to complete at least one cycle 
of operation (sampling, analyzing, and data recording) for each 15-
minute period.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for at least 90 percent of the operating days 
per calendar quarter. An operating day is any day the unit combusts any 
municipal or institutional solid waste.
    (d) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you have deviated from the data 
collection requirement regardless of the emission level monitored.
    (e) If you do not obtain the minimum data required in paragraphs 
(a) through (c) of this section, you must still use all valid data from 
the continuous emission monitoring systems in calculating emission 
concentrations.
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to Table 4 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data.


Sec.  60.3042  How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.3076 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec.  60.3076 to calculate the 12-hour 
rolling averages for concentrations of carbon monoxide.


Sec.  60.3043  What operating parameter monitoring equipment must I 
install, and what operating parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitations under Sec.  60.3022, 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 
3 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in Table 3 of this subpart at all times.
    (b) You must install, calibrate (to manufacturers' specifications), 
maintain, and operate a device or method for measuring the use of any 
stack that could be used to bypass the control device. The measurement 
must include the date, time, and duration of the use of the bypass 
stack.
    (c) If you are using a method or air pollution control device other 
than a wet scrubber to comply with the emission limitations under Sec.  
60.3022, 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.  60.3024.


Sec.  60.3044  Is there a minimum amount of operating parameter 
monitoring data I must obtain?

    (a) Except for monitor 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 OSWI unit is operating.
    (b) You must obtain valid monitoring data for at least 75 percent 
of the operating hours per day for at least 90 percent of the operating 
days per calendar quarter. An operating day is any day the unit 
combusts any municipal or institutional solid waste.
    (c) If you do not obtain the minimum data required in paragraphs 
(a) and (b) of this section, you have deviated from the data collection 
requirement regardless of the operating parameter level monitored.
    (d) 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.

Model Rule--Recordkeeping and Reporting


Sec.  60.3046  What records must I keep?

    You must maintain the 14 items (as applicable) as specified in 
paragraphs (a) through (n) 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 (8) 
of this section.
    (1) The OSWI 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 OSWI units that establish operating limits for controls 
other than wet scrubbers under Sec.  60.3024, you must maintain data 
collected for all operating parameters used to determine compliance 
with the operating limits.
    (6) All 1-hour average concentrations of carbon monoxide emissions.
    (7) All 12-hour rolling average values of carbon monoxide emissions 
and all 3-hour rolling average values of continuously monitored 
operating parameters.
    (8) Records of the dates, times, and durations of any bypass of the 
control device.
    (c) Identification of calendar dates and times for which continuous 
emission monitoring systems or monitoring systems used to monitor 
operating limits were inoperative, inactive, malfunctioning, or out of 
control (except for downtime associated with zero and span and other 
routine calibration checks). Identify the pollutant emissions or 
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 monitoring 
data show a deviation from the carbon monoxide emissions limit in Table 
2 of this subpart or a deviation from the operating limits in Table 3 
of this subpart or a deviation from other operating limits established 
under Sec.  60.3024 with a description of the deviations, reasons for 
such deviations, and a description of corrective actions taken.
    (f) Calendar dates when continuous monitoring systems did not 
collect the minimum amount of data required under Sec. Sec.  60.3041 
and 60.3044.

[[Page 74916]]

    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your daily drift tests and quarterly accuracy 
determinations according to Procedure 1 of appendix F of this part.
    (h) Records of the calibration of any monitoring devices required 
under Sec.  60.3043.
    (i) 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 and a 
description of the types of waste burned during the test.
    (j) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec.  60.3019(a) as required by 
Sec.  60.3019(b), including the date of the initial review and all 
subsequent annual reviews.
    (k) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec.  60.3017 or Sec.  60.3018. 
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.
    (l) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (m) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (n) The information listed in Sec.  60.3019(a).


Sec.  60.3047  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least 2 years. You may 
keep the records off site for the remaining 3 years.
    (b) All records must be available in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.


Sec.  60.3048  What reports must I submit?

    See Table 5 of this subpart for a summary of the reporting 
requirements.


Sec.  60.3049  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.  60.3030, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  60.3023 or Sec.  60.3024.
    (c) The waste management plan, as specified in Sec. Sec.  60.3010 
through 60.3012.


Sec.  60.3050  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.  60.3049. You must submit 
subsequent reports no more than 12 months following the previous 
report.


Sec.  60.3051  What information must I include in my annual report?

    The annual report required under Sec.  60.3050 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.  60.3052 
through 60.3054.
    (a) Company name and address.
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 
40 CFR 70.5(d) or 40 CFR 71.5(d).
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  60.3023 or Sec.  60.3024.
    (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 emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 
12-hour average, as applicable, for carbon monoxide emissions and 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.  60.3046(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.  60.3035(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.3035(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 OSWI unit operators 
were unavailable for more than 12 hours, but less than 2 weeks.


Sec.  60.3052  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 any 
recorded 12-hour average carbon monoxide emission rate is above the 
emission limitation, if the control device was bypassed, or if a 
performance test was conducted that showed a deviation 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.  60.3053  What must I include in the deviation report?

    In each report required under Sec.  60.3052, for any pollutant or 
operating parameter that deviated from the emission limitations or 
operating limits specified in this subpart, include the seven items 
described in paragraphs (a) through (g) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Durations 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 monitor 
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.
    (g) The dates, times, and durations of any bypass of the control 
device.

[[Page 74917]]

Sec.  60.3054  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 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Submit a notification of the deviation within 10 days 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 EPA 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 EPA to continue operation of the OSWI 
unit.
    (b) If your unit was shut down by EPA, under the provisions of 
Sec.  60.3020(c)(2), due to a failure to provide an accessible 
qualified operator, you must notify EPA that you are resuming operation 
once a qualified operator is accessible.


Sec.  60.3055  Are there any other notifications or reports that I must 
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.


Sec.  60.3056  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.  60.3057  Can reporting dates be changed?

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

Model Rule--Title V Operating Permits


Sec.  60.3059  Am I required to apply for and obtain a title V 
operating permit for my unit?

    Yes, if you are subject to an applicable EPA-approved and effective 
Clean Air Act section 111(d)/129 State or Tribal plan or an applicable 
and effective Federal plan, you are required to apply for and obtain a 
title V operating permit unless you meet the relevant requirements for 
an exemption specified in Sec.  60.2993.


Sec.  60.3060  When must I submit a title V permit application for my 
existing unit?

    (a)(1) If your existing unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted on or before the earlier of the dates specified in paragraphs 
(a)(1)(i) through (iii) of this section. (See sections 129(e), 503(c), 
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 
CFR 71.5(a)(1)(i).)
    (i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
    (ii) 12 months after the effective date of any applicable Federal 
plan.
    (iii) December 16, 2008.
    (2) For any existing unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of 
whether or when any applicable Federal plan is effective, or whether or 
when any applicable Clean Air Act section 111(d)/129 State or Tribal 
plan is approved by EPA and becomes effective.
    (b) If your existing unit is subject to title V as a result of some 
triggering requirement(s) other than those specified in paragraph (a) 
of this section (for example, a unit may be a major source or part of a 
major source), then your unit may be required to apply for a title V 
permit prior to the deadlines specified in paragraph (a). If more than 
one requirement triggers a source's obligation to apply for a title V 
permit, the 12-month timeframe for filing a title V permit application 
is triggered by the requirement which first causes the source to be 
subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR 
70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 
CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 
CFR 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 and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Model Rule--Temporary-Use Incinerators and Air Curtain Incinerators 
Used in Disaster Recovery


Sec.  60.3061  What are the requirements for temporary-use incinerators 
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority 
of the Stafford Act, has declared that an emergency or a major disaster 
exists in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within the boundaries of the same emergency or disaster 
declaration area, then it is excluded from the requirements of this 
subpart. You do not need to notify the Administrator of its use or meet 
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the 
unit as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials 
being burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator

[[Page 74918]]

or air curtain incinerator must be operated for more than 8 weeks, and 
the amount of time for which you request permission to operate 
including the date you expect to cease operation of the unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) by the date specified in paragraph (b)(1), you may 
continue to operate the incinerator or air curtain incinerator for 
another 8 weeks, which is a total of 16 weeks from the date the unit 
started operation within the boundaries of the current emergency or 
disaster declaration area. You do not have to meet the emission 
limitations or other requirements of this subpart during this period.
    (1) At the end of 16 weeks from the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, you must cease 
operation of the unit or comply with all requirements of this subpart, 
unless the Administrator has approved in writing your request to 
continue operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

Model Rule--Air Curtain Incinerators That Burn Only Wood Waste, Clean 
Lumber, and Yard Waste


Sec.  60.3062  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open, integrated combustion chamber (fire box) 
or open pit or trench (trench burner) in which combustion occurs. For 
the purpose of this subpart and subpart EEEE of this part only, air 
curtain incinerators include both firebox and trench burner units.
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (4) of this section are required to meet only 
the requirements in Sec. Sec.  60.3062 through 60.3069 and are exempt 
from all other requirements of this subpart.
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent yard waste.
    (4) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.3063  When must I comply if my air curtain incinerator burns 
only wood waste, clean lumber, and yard waste?

    Table 1 of this subpart specifies the final compliance date. You 
must submit a notification to the Administrator postmarked within 10 
business days after the final compliance date in Table 1 of this 
subpart.


Sec.  60.3064  What must I do if I close my air curtain incinerator 
that burns only wood waste, clean lumber, and yard waste and then 
restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in your State plan, you must meet the final 
compliance date specified in Table 1 of this subpart.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must meet the emission limitations on the 
date your incinerator restarts operation.


Sec.  60.3065  What must I do if I plan to permanently close my air 
curtain incinerator that burns only wood waste, clean lumber, and yard 
waste and not restart it?

    You must close the unit before the final compliance date specified 
in Table 1 of this subpart.


Sec.  60.3066  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 180 days after your final compliance date in Table 1 of 
this subpart, you must meet the two limitations specified 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) The limitations in paragraph (a) of this section apply at all 
times except during malfunctions.


Sec.  60.3067  How must I monitor opacity for air curtain incinerators 
that burn only wood waste, clean lumber, and yard waste?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
within 180 days after the final compliance date in Table 1 of this 
subpart.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 months following the date of your previous test.
    (d) If the air curtain incinerator has been out of operation for 
more than 12 months following the date of your previous test, then you 
must conduct a test for opacity upon startup of the unit.


Sec.  60.3068  What are the recordkeeping and reporting requirements 
for air curtain incinerators that burn only wood waste, clean lumber, 
and yard waste?

    (a) Keep records of results of all initial and annual opacity tests 
in either paper copy or computer-readable format that can be printed 
upon request, unless the Administrator approves another format, for at 
least 5 years. You must keep each record on site for at least 2 years. 
You may keep the records off site for the remaining 3 years.
    (b) Make all records available for submittal to the Administrator 
or for an inspector's review.
    (c) You must submit the results (each 6-minute average) of the 
initial opacity tests no later than 60 days following the initial test. 
Submit annual opacity test results within 12 months following the 
previous report.
    (d) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (e) Keep a copy of the initial and annual reports for a period of 5 
years. You must keep each report on site for at least 2 years. You may 
keep the reports off site for the remaining 3 years.


Sec.  60.3069  Am I required to apply for and obtain a title V 
operating permit for my air curtain incinerator that burns only wood 
waste, clean lumber, and yard waste?

    Yes, if your air curtain incinerator is subject to this subpart, 
you are required to apply for and obtain a title V operating permit as 
specified in Sec. Sec.  60.3059 and 60.3060.

Model Rule--Equations


Sec.  60.3076  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 
percent oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR16DE05.002


[[Page 74919]]


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
%O2 = oxygen concentration measured on a dry basis, percent

    (b) Capacity of a very small municipal waste combustion unit. For 
very small municipal waste combustion units that can operate 
continuously for 24-hour periods, calculate the unit capacity based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For very small municipal waste combustion units with a design 
based on heat input capacity, calculate the maximum charging rate based 
on the maximum heat input capacity and one of two heating values:
    (i) If your very small municipal waste combustion unit combusts 
refuse-derived fuel, use a heating value of 12,800 kilojoules per 
kilogram (5,500 British thermal units per pound).
    (ii) If your very small municipal waste combustion unit combusts 
municipal solid waste, use a heating value of 10,500 kilojoules per 
kilogram (4,500 British thermal units per pound).
    (2) For very small municipal waste combustion units with a design 
not based on heat input capacity, use the maximum design charging rate.
    (c) Capacity of a batch very small municipal waste combustion unit. 
Calculate the capacity of a batch OSWI unit as the maximum design 
amount of municipal solid waste it can charge per batch multiplied by 
the maximum number of batches it can process in 24 hours. Calculate the 
maximum number of batches by dividing 24 by the number of hours needed 
to process one batch. Retain fractional batches in the calculation. For 
example, if one batch requires 16 hours, the OSWI unit can combust 24/
16, or 1.5 batches, in 24 hours.
    (d) Carbon monoxide pollutant rate. When hourly average pollutant 
rates (Eh) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (Ea) for each 
12-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16DE05.003

Where:

Ea = Average carbon monoxide pollutant rate for the 12-hour 
period, ppm corrected to 7 percent O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O2.

Model Rule--Definitions


Sec.  60.3078  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    Administrator means:
    (1) For approved and effective State section 111(d)/129 plans, the 
Director of the State air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency 
to whom the authority has been delegated by the Administrator of the 
EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified 
task.
    Air curtain incinerator means an incineration unit operating by 
forcefully projecting a curtain of air across an open, integrated 
combustion chamber (fire box) or open pit or trench (trench burner) in 
which combustion occurs. For the purpose of this subpart and subpart 
EEEE only, air curtain incinerators include both firebox and trench 
burner units.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Batch OSWI unit means an OSWI unit that is designed such that 
neither waste charging nor ash removal can occur during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of anti-neoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Class II municipal solid waste landfill means a landfill that meets 
four criteria:
    (1) Accepts, for incineration or disposal, less than 20 tons per 
day of municipal solid waste or other solid wastes based on an annual 
average;
    (2) Is located on a site where there is no evidence of groundwater 
pollution caused or contributed to by the landfill;
    (3) Is not connected by road to a Class I municipal solid waste 
landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if 
connected by road, is located more than 50 miles from a Class I 
municipal solid waste landfill; and
    (4) Serves a community that meets one of two criteria:
    (i) Experiences for at least three months each year, an 
interruption in access to surface transportation, preventing access to 
a Class I municipal solid waste landfill; or
    (ii) Has no practicable waste management alternative, with a 
landfill located in an area that annually receives 25 inches or less of 
precipitation.
    Class III municipal solid waste landfill is a landfill that is not 
connected by road to a Class I municipal solid waste landfill, as 
defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by 
road, is located more than 50 miles from a Class I municipal solid 
waste landfill, and that accepts, for disposal, either of the following 
two criteria:
    (1) Ash from incinerated municipal waste in quantities less than 
one ton per day on an annual average, which ash must be free of food 
scraps that might attract animals; or
    (2) Less than five tons per day of municipal solid waste, based on 
an annual average, and is not located in a place that meets either of 
the following criteria:
    (i) Where public access is restricted, including restrictions on 
the right to move to the place and reside there; or
    (ii) That is provided by an employer and that is populated totally 
by persons who are required to reside there as a condition of 
employment and who do not consider the place to be their permanent 
residence.
    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, or manufactured wood 
products that contain adhesives or resins (e.g., plywood, particle 
board, flake board, and oriented strand board).
    Collected from means the transfer of material from the site at 
which the material is generated to a separate site where the material 
is burned.

[[Page 74920]]

    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an OSWI unit.
    Continuous OSWI unit means an OSWI unit that is designed to allow 
waste charging and ash removal during combustion.
    Deviation means any instance in which a unit that meets the 
requirements in Sec.  60.2991, 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 unit that meets requirements 
in Sec.  60.2991 and is 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 of whether or not 
such failure is allowed by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    EPA means the Administrator of the EPA or employee of the EPA that 
is delegated the authority to perform the specified task.
    Institutional facility means a land-based facility owned and/or 
operated by an organization having a governmental, educational, civic, 
or religious purpose such as a school, hospital, prison, military 
installation, church, or other similar establishment or facility.
    Institutional waste means solid waste (as defined in this subpart) 
that is combusted at any institutional facility using controlled flame 
combustion in an enclosed, distinct operating unit: Whose design does 
not provide for energy recovery (as defined in this subpart); operated 
without energy recovery (as defined in this subpart); or operated with 
only waste heat recovery (as defined in this subpart). Institutional 
waste also means solid waste (as defined in this subpart) combusted on 
site in an air curtain incinerator that is a distinct operating unit of 
any institutional facility.
    Institutional waste incineration unit means any combustion unit 
that combusts institutional waste (as defined in this subpart) and is a 
distinct operating unit of the institutional facility that generated 
the waste. Institutional waste incineration units include field-
erected, modular, cyclonic burn barrel, and custom built incineration 
units operating with starved or excess air, and any air curtain 
incinerator that is a distinct operating unit of the institutional 
facility that generated the institutional waste (except those air 
curtain incinerators listed in Sec.  60.2994(b)).
    Intermittent OSWI unit means an OSWI unit that is designed to allow 
waste charging, but not ash removal, during combustion.
    Low-level radioactive waste means waste material that 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 byproduct 
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.
    Metropolitan Statistical Area means any areas listed as 
metropolitan statistical areas in OMB Bulletin No. 05-02 entitled 
``Update of Statistical Area Definitions and Guidance on Their Uses'' 
dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/).
    Modification or modified unit means an incineration unit you have 
changed on or after June 16, 2006 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs (current 
dollars). For an OSWI unit, to determine what systems are within the 
boundary of the unit used to calculate these costs, see the definition 
of OSWI unit.
    (2) Any physical change in the OSWI 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.
    Municipal solid waste means refuse (and refuse-derived fuel) 
collected from the general public and from residential, commercial, 
institutional, and industrial sources consisting of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustible 
materials and non-combustible materials such as metal, glass and rock, 
provided that: (1) The term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (2) 
an incineration unit shall not be considered to be combusting municipal 
solid waste for purposes of this subpart if it combusts a fuel feed 
stream, 30 percent or less of the weight of which is comprised, in 
aggregate, of municipal solid waste, as determined by Sec.  60.2993(b).
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart EEEE, any setting or equipment that combusts 
municipal solid waste (as defined in this subpart) including, but not 
limited to, field-erected, modular, cyclonic burn barrel, and custom 
built incineration units (with or without energy recovery) operating 
with starved or excess air, boilers, furnaces, pyrolysis/combustion 
units, and air curtain incinerators (except those air curtain 
incinerators listed in Sec.  60.2994(b)).
    Other solid waste incineration (OSWI) unit means either a very 
small municipal waste combustion unit or an institutional waste 
incineration unit, as defined in this subpart. Unit types listed in 
Sec.  60.2993 as being excluded from the subpart are not OSWI units 
subject to this subpart. While not all OSWI units will include all of 
the following components, an OSWI unit includes, but is not limited to, 
the municipal or institutional solid waste feed system, grate system, 
flue gas system, waste heat recovery equipment, if any, and bottom ash 
system. The OSWI unit does not include air pollution control equipment 
or the stack. The OSWI unit boundary starts at the municipal or 
institutional waste hopper (if applicable) and extends through two 
areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber or after the waste heat recovery 
equipment, if any; and
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. The OSWI unit includes all ash handling systems connected to 
the bottom ash handling system.

[[Page 74921]]

    Particulate matter means total particulate matter emitted from OSWI 
units as measured by Method 5 or Method 29 of appendix A of this part.
    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).
    Reconstruction means rebuilding an incineration unit and meeting 
two criteria:
    (1) The reconstruction begins on or after June 16, 2006.
    (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 unit (not including land) updated to current costs 
(current dollars). For an OSWI unit, to determine what systems are 
within the boundary of the unit used to calculate these costs, see the 
definition of OSWI 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. For continuous OSWI, shutdown shall 
commence no less than 2 hours after the last charge to the incinerator. 
For intermittent OSWI, shutdown shall commence no less than 4 hours 
after the last charge to the incinerator. For batch OSWI, shutdown 
shall commence no less than 5 hours after the high-air phase of 
combustion has been completed.
    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 that are point sources subject to 
permits under section 402 of the Federal Water Pollution Control Act, 
as amended (33 U.S.C. 1342), or source, special nuclear, or byproduct 
material as defined by the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2014).
    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 OSWI unit. For batch OSWI, 
startup means the period of time between activation of the system and 
ignition of the waste.
    Very small municipal waste combustion unit means any municipal 
waste combustion unit that has the capacity to combust less than 35 
tons per day of municipal solid waste or refuse-derived fuel, as 
determined by the calculations in Sec.  60.3076.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases outside of the combustion firebox by convective 
heat transfer only.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, 
or industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    (4) Treated wood and treated wood products, including wood products 
that have been painted, pigment-stained, or pressure treated by 
compounds such as chromate copper arsenate, pentachlorophenol, and 
creosote, or manufactured wood products that contain adhesives or 
resins (e.g., plywood, particle board, flake board, and oriented strand 
board).
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. Yard waste comes from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.

Tables to Subpart FFFF of Part 60

    As stated in Sec.  60.3000, you must comply with the following:

  Table 1 to Subpart FFFF of Part 60.--Model Rule--Compliance Schedule
------------------------------------------------------------------------
           Complete this action                    By this date a
------------------------------------------------------------------------
Final compliance b........................  (Dates to be specified in
                                             State plan) c.
------------------------------------------------------------------------
a Site-specific schedules can be used at the discretion of the State.
b Final compliance means that you complete all process changes and
  retrofit of control devices so that, when the incineration unit is
  brought on line, all process changes and air pollution control devices
  necessary to meet the emission limitations operate as designed.
c The date can be no later than 3 years after the effective date of
  State plan approval or December 16, 2010, whichever is earlier.

    As stated in Sec.  60.3022, you must comply with the following:

                      Table 2 to Subpart FFFF of Part 60.--Model Rule--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                                                                            And determining
       For the air pollutant          You must meet this    Using this averaging time    compliance using this
                                     emission limitationa                                        method
----------------------------------------------------------------------------------------------------------------
1. Cadmium........................  18 micrograms per dry  3-run average (1 hour       Method 29 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).
2. Carbon monoxide................  40 parts per million   3-run average (1 hour       Method 10, 10A, or 10B of
                                     by dry volume.         minimum sample time per     appendix A of this part
                                                            run during performance      and CEMS.
                                                            test), and 12-hour
                                                            rolling averages measured
                                                            using CEMS b.
3. Dioxins/furans (total basis)...  33 nanograms per dry   3-run average (1 hour       Method 23 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).

[[Page 74922]]

 
4. Hydrogen chloride..............  15 parts per million   3-run average (1 hour       Method 26A of appendix A
                                     by dry volume.         minimum sample time per     of this part.
                                                            run).
5. Lead...........................  226 micrograms per     3-run average (1 hour       Method 29 of appendix A
                                     dry standard cubic     minimum sample time per     of this part.
                                     meter.                 run).
6. Mercury........................  74 micrograms per dry  3-run average (1 hour       Method 29 of appendix A
                                     standard cubic meter.  minimum sample time per     of this part.
                                                            run).
7. Opacity........................  10 percent...........  6-run average (1 hour       Method 9 of appendix A of
                                                            minimum sample time per     this part.
                                                            run).
8. Oxides of nitrogen.............  103 parts per million  3-run average (1 hour       Method 7, 7A, 7C, 7D, or
                                     by dry volume.         minimum sample time per     7E of appendix A of this
                                                            run).                       part, or ANSI/ASME PTC
                                                                                        19.10-1981 (IBR, see
                                                                                        Sec.   60.17(h)) in lieu
                                                                                        of Methods 7 and 7C
                                                                                        only.
9. Particulate matter.............  0.013 grains per dry   3-run average (1 hour       Method 5 or 29 of
                                     standard cubic foot.   minimum sample time per     appendix A of this part.
                                                            run).
10. Sulfur dioxide................  3.1 parts per million  3-run average (1 hour       Method 6 or 6C of
                                     by dry volume.         minimum sample time per     appendix A of this part,
                                                            run).                       or ANSI/ASME PTC 19.10-
                                                                                        1981 (IBR, see Sec.
                                                                                        60.17(h)) in lieu of
                                                                                        Method 6 only.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
b Calculated each hour as the average of the previous 12 operating hours.

    As stated in Sec.  60.3023, you must comply with the following:

      Table 3 to Subpart FFFF of Part 60.--Model Rule--Operating Limits for Incinerators and Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                                            And monitoring using these minimum frequencies
 For these operating parameters   You must establish -----------------------------------------------------------
                                   operating limits    Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                               rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units. a
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling. a
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling. a
4. 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.

    As stated in Sec.  60.3039, you must comply with the following:

 Table 4 to Subpart FFFF of Part 60.--Model Rule--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17(h)) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  60.3048, you must comply with the following:

[[Page 74923]]



             Table 5 to Subpart FFFF of the Part 60.--Model Rule--Summary of Reporting Requirements
----------------------------------------------------------------------------------------------------------------
               Report                         Due date                  Contents                Reference
----------------------------------------------------------------------------------------------------------------
1. Initial test report..............  a. No later than 60 days  i. Complete test report  Sec.   60.3049.
                                       following the initial     for the initial
                                       performance test          performance test; and.
                                      ........................  ii. The values for the   Sec.   60.3049.
                                                                 site-specific
                                                                 operating limits.
2. Waste management plan............  a. No later than 60 days  i. Reduction or          Sec.  Sec.   60.3010
                                       following the initial     separation of            through 60.3012.
                                       performance test          recyclable materials;
                                                                 and.
                                      ........................  ii. Identification of    Sec.  Sec.   60.3010
                                                                 additional waste         through 60.3012.
                                                                 management measures
                                                                 and how they will be
                                                                 implemented.
3. Annual Report....................  a. No later than 12       i. Company Name and      Sec.  Sec.   60.3050
                                       months following the      address;.                and 60.3051.
                                       submission of the
                                       initial test report.
                                       Subsequent reports are
                                       to be submitted no more
                                       than 12 months
                                       following the previous
                                       report
                                      ........................  ii. Statement and        Sec.  Sec.   60.3050
                                                                 signature by the owner   and 60.3051.
                                                                 or operator;.
                                      ........................  iii. Date of report;...  Sec.  Sec.   60.3050
                                                                                          and 60.3051.
                                      ........................  iv. Values for the       Sec.  Sec.   60.3050
                                                                 operation limits;.       and 60.3051.
                                      ........................  v. If no deviations or   Sec.  Sec.   60.3050
                                                                 malfunctions were        and 60.3051.
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period;.
                                      ........................  vi. Highest and lowest   Sec.  Sec.   60.3050
                                                                 recorded 12-hour         and 60.3051.
                                                                 averages, as
                                                                 applicable, for carbon
                                                                 monoxide emissions and
                                                                 highest and lowest
                                                                 recorded 3-hour
                                                                 averages, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported;.
                                      ........................  vii. Information for     Sec.  Sec.   60.3050
                                                                 deviations or            and 60.3051.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 60.2949(b)(6) and (c)
                                                                 through (e);.
                                      ........................  viii. If a performance   Sec.  Sec.   60.3050
                                                                 test was conducted       and 60.3051.
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test;.
                                      ........................  ix. If a performance     Sec.  Sec.   60.3050
                                                                 test was not conducted   and 60.3051.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   60.2934(a)
                                                                 or (b) were met; and.
                                      ........................  x. Documentation of      Sec.  Sec.   60.3050
                                                                 periods when all         and 60.3051.
                                                                 qualified OSWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 12 hours but less
                                                                 than 2 weeks.
4. Emission limitation or operating   a. By August 1 of that    i. Dates and times of    Sec.  Sec.   60.3052
 limit deviation report.               year for data collected   deviation;.              and 60.3053.
                                       during the first half
                                       of the calendar year.
                                       By February 1 of the
                                       following year for data
                                       collected during the
                                       second half of the
                                       calendar year
                                      ........................  ii. Averaged and         Sec.  Sec.   60.3052
                                                                 recorded data for        and 60.3053.
                                                                 those dates;.
                                      ........................  iii. Duration and        Sec.  Sec.   60.3052
                                                                 causes of each           and 60.3053.
                                                                 deviation and the
                                                                 corrective actions
                                                                 taken..
                                      ........................  iv. Copy of operating    Sec.  Sec.   60.3052
                                                                 limit monitoring data    and 60.3053.
                                                                 and any test reports;.
                                      ........................  v. Dates, times, and     Sec.  Sec.   60.3052
                                                                 causes for monitor       and 60.3053.
                                                                 downtime incidents;.
                                      ........................  vi. Whether each         Sec.  Sec.   60.3052
                                                                 deviation occurred       and 60.3053.
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction; and.
                                      ........................  vii. Dates, times, and   Sec.  Sec.   60.3052
                                                                 duration of any bypass   and 60.3053.
                                                                 of the control device.

[[Page 74924]]

 
5. Qualified operator deviation       a. Within 10 days of      i. Statement of cause    Sec.   60.3054(a)(1).
 notification.                         deviation                 of deviation;.
                                      ........................  ii. Description of       Sec.   60.3054(a)(1).
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator; and.
                                      ........................  iii. The date a          Sec.   60.3054(a)(1).
                                                                 qualified operator
                                                                 will be accessible.
6. Qualified operation deviation      a. Every 4 weeks          i. Description of        Sec.   60.3054(a)(2).
 status report.                        following deviation       efforts to have an
                                                                 accessible qualified
                                                                 operator;.
                                      ........................  ii. The date a           Sec.   60.3054(a)(2).
                                                                 qualified operator
                                                                 will be accessible;
                                                                 and.
                                      ........................  iii. Request to          Sec.   60.3054(a)(2).
                                                                 continue operation.
7. Qualified operator deviation       a. Prior to resuming      i. Notification that     Sec.   60.3054(b).
 notification of resumed operation.    operation                 you are resuming
                                                                 operation.
----------------------------------------------------------------------------------------------------------------
Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.

[FR Doc. 05-23716 Filed 12-15-05; 8:45 am]
BILLING CODE 6560-50-P