[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Proposed Rules]
[Pages 75816-75845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21285]



[[Page 75815]]

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

Part II





Environmental Protection Agency





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



40 CFR Part 62



Federal Plan Requirements for Other Solid Waste Incineration Units 
Constructed on or Before December 9, 2004; Proposed Rule

  Federal Register / Vol. 71, No. 242 / Monday, December 18, 2006 / 
Proposed Rules  

[[Page 75816]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2006-0364; FRL-8254-9]
RIN 2060-AN43


Federal Plan Requirements for Other Solid Waste Incineration 
Units Constructed on or Before December 9, 2004

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: On December 16, 2005, the EPA promulgated emission guidelines 
(EG) for existing ``other'' solid waste incineration (OSWI) units. 
Sections 111 and 129 of the Clean Air Act (CAA) require States with 
existing OSWI units subject to the EG to submit plans to the EPA that 
implement and enforce the emission guidelines. Indian Tribes may 
submit, but are not required to submit, Tribal plans to implement and 
enforce the EG in Indian country. State plans are due from States with 
OSWI units subject to the EG on December 16, 2006. If a State or Tribe 
with existing OSWI units does not submit an approvable plan, sections 
111(d) and 129 of the CAA require the EPA to develop, implement, and 
enforce a Federal plan for OSWI units located in that State or Tribal 
area within 2 years after promulgation of the EG (December 16, 2007). 
This action proposes a Federal plan to implement EG for OSWI units 
located in States and Indian country without effective State or Tribal 
plans. On the effective date of an approved State or Tribal plan, the 
Federal plan would no longer apply to OSWI units covered by the State 
or Tribal plan.

DATES: Comments must be received on or before February 16, 2007.
    Public Hearing. If anyone contacts EPA by January 8, 2007 
requesting to speak at a public hearing, EPA will hold a public hearing 
on January 22, 2007. If you are interested in attending the public 
hearing, contact Ms. Dorothy Apple at (919) 541-4487 to verify that a 
hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0364, by one of the following methods:
    Web site: http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    E-mail: Send your comments via electronic mail to [email protected]. Attention: Docket ID No. EPA-HQ-OAR-2006-0364.
    Mail: Send your comments to: EPA Docket Center (EPA/DC), 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2006-0364. Please include a total of two copies. The EPA requests a 
separate copy also be sent to the contact person identified below (see 
FOR FURTHER INFORMATION CONTACT).
    Hand Delivery: EPA Docket Center (EPA/DC), EPA West Building, Room 
B108, 1301 Constitution Ave., NW., Washington, DC, 20460, Attention 
Docket ID No. EPA-HQ-OAR-2006-0364. Such deliveries are accepted only 
during the normal hours of operation (8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays), and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0364. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment with any disk 
or CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Public Hearing: If a public hearing is held, it will be held at 
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, NC, or an alternate site nearby.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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. Publicly available docket 
materials are available either electronically at http://www.regulations.gov or in hard copy at the 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.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to make hand deliveries or visit the 
Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm for current information on 
docket operations, locations, and telephone numbers. The Docket 
Center's mailing address for U.S. mail and the procedure for 
submitting comments to www.regulations.gov are not affected by the 
flooding and will remain the same.


FOR FURTHER INFORMATION CONTACT: For information concerning specific 
aspects of this proposal, contact Ms. Martha Smith, Natural Resources 
and Commerce Group, Sector Policies and Programs Division (E143-03), 
U.S. EPA, Research Triangle Park, North Carolina 27711; telephone 
number: (919) 541-2421; e-mail address: [email protected]. For 
technical information, contact Ms. Mary Johnson, Energy Strategies 
Group, Sector Policies Program Division (D243-01), U.S. EPA, Research 
Triangle Park, NC 27711; telephone number: (919) 541-5025; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: Organization of This Document. The following 
outline is provided to aid in locating information in this preamble.

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
II. Background Information
    A. What is the regulatory development background for this 
proposed rule?
    B. What associated regulatory activity preceded this proposed 
rule?

[[Page 75817]]

    C. What impact does the EPA's granting of a request for 
reconsideration have on this Federal plan?
III. Affected Facilities
    A. What is an OSWI unit?
    B. Does the Federal plan apply to me?
    C. How do I determine if my OSWI unit is covered by an approved 
and effective State or Tribal plan?
IV. Elements of the OSWI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected OSWI Units
    C. Inventory of Emissions
    D. Emission Limitations
    E. Compliance Schedules
    F. Waste Management Plan Requirements
    G. Testing, Monitoring, Recordkeeping, and Reporting
    H. Operator Training and Qualification Requirements
    I. Record of Public Hearings
    J. Progress Reports
V. Summary of OSWI Federal Plan
    A. Might the proposed rules apply to me?
    B. What emission limitations would apply?
    C. What operating limits would apply?
    D. What would be the requirements for OSWI air curtain 
incinerators?
    E. What other requirements would apply?
    F. What is the proposed compliance schedule?
    G. How did EPA determine the compliance schedule?
VI. OSWI That Have or Will Shut Down
    A. Units That Plan To Close Rather Than Comply
    B. Inoperable Units
    C. OSWI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
    D. Implementing Authority
    E. OSWI Federal Plan and Indian Country
VIII. Title V Operating Permits
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    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

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by the proposed rules 
are very small municipal waste combustion (VSMWC) units and 
institutional waste incineration (IWI) units. The OSWI Federal plan 
would affect the following categories of sources:

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

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
proposed rules. To determine whether your facility would be regulated 
by the proposed rules, you should examine the applicability criteria in 
CAA sections 62.15460 through 62.15500 of the proposed Federal plan. If 
you have any questions regarding the applicability of the proposed 
rules to a particular entity, contact either of the persons listed in 
the preceding FOR FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit information that you consider to 
be CBI electronically through www.regulations.gov or e-mail. Send or 
deliver information identified as CBI to only the following address: 
Mr. Roberto Morales, c/o OAQPS Document Control Officer (Mail Drop 
C404-02), U.S. EPA, Research Triangle Park, NC 27711, Attention Docket 
ID No. EPA-HQ-OAR-2006-0364. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information marked as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult either of the persons identified in the FOR FURTHER 
INFORMATION CONTACT section.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions. The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.

[[Page 75818]]

    h. Make sure to submit your comments by the comment period deadline 
identified.
    Docket. The docket number for the proposed Federal plan (40 CFR 
part 620, subpart KKK) is Docket ID No. EPA-HQ-OAR-2005-0364.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed rules is available on the WWW 
through the Technology Transfer Network Website (TTN Web). Following 
signature, EPA will post a copy of the proposed 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.

II. Background Information

A. What is the regulatory development background for this proposed 
rule?

    Section 129 of the CAA requires EPA to develop emission guidelines 
for, among other things, unspecified ``other categories of solid waste 
incineration units'', herein referenced as OSWI units. The EPA proposed 
emission guidelines for OSWI units on December 9, 2004, and promulgated 
them on December 16, 2005 (70 FR 74870), to be codified at 40 CFR part 
60, subpart FFFF. In writing Section 129 of the CAA, Congress looked 
first to the States as the preferred implementers of emission 
guidelines for existing OSWI units. To make these emission guidelines 
enforceable, States with existing OSWI units must have submitted to EPA 
within one year following promulgation of the emission guidelines (by 
December 16, 2006) State plans that implement and enforce the emission 
guidelines. For States or Tribes that do not have an EPA-approved and 
effective plan, EPA must develop and implement a Federal plan within 
two years following promulgation of the emission guidelines (by 
December 16, 2007). The EPA sees the Federal plan as an interim measure 
to ensure that congressionally mandated emission standards are 
implemented until States assume their role as the preferred 
implementers of the emissions guidelines. Thus, the EPA encourages 
States to either use the Federal plan as a template to reduce the 
effort needed to develop their own plans or to simply take delegation 
to directly implement and enforce the guidelines. States without any 
existing OSWI units are required to submit to the Administrator a 
letter of negative declaration certifying that there are no OSWI units 
in the State. No plan is required for States that do not have any OSWI 
units.
    As discussed in section VII.E of this preamble, Indian Tribes may, 
but are not required to, submit Tribal plans to cover OSWI units in 
Indian country. A Tribe may submit to the Administrator a letter of 
negative declaration certifying that no OSWI units are located in the 
Tribal area. No plan is required for Tribes that do not have any OSWI 
units. OSWI units located in States or Tribal areas that mistakenly 
submit a letter of negative declaration would be subject to the Federal 
plan until a State or Tribal plan becomes approved and effective 
covering those OSWI units.
    This action proposes a Federal plan for OSWI units that are not 
covered by an approved State or Tribal plan as of December 16, 2006. 
Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require EPA 
to develop, implement, and enforce a Federal plan to cover existing 
OSWI units located in States that do not have an approved plan within 
two years after promulgation of the emission guidelines (by December 
16, 2007, for OSWI units). The EPA is proposing this Federal plan now 
so that a promulgated Federal plan will be in place at the earliest 
possible date, thus ensuring timely implementation and enforcement of 
the OSWI emission guidelines. In addition, EPA's timing allows a State 
or Tribe the opportunity to take delegation of the Federal plan in lieu 
of writing a State plan.

B. What associated regulatory activity preceded this proposed rule?

    Regulations have been developed for each of the listed categories 
of solid waste incineration unit except for the ``other categories of 
solid waste incineration units.'' This notice proposes regulations for 
these ``other'' (or OSWI) units. Several previous 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). In 
the November 9, 2000 notice, EPA revised the OSWI regulatory schedule 
to promulgate regulations by November 2005. This was subsequently 
incorporated into a consent decree, requiring that EPA propose 
regulations for the OSWI source category by November 30, 2004, and 
promulgate by November 30, 2005. We proposed regulations on December 9, 
2004. On December 16, 2005, we promulgated EG for OSWI constructed on 
or before December 9, 2004 (70 FR 74870), which are to be implemented 
via today's proposed rulemaking.

C. What impact does the EPA's granting of a request for reconsideration 
have on this Federal plan?

    On February 14, 2006, subsequent to EPA's promulgation of the final 
rule establishing the New Source Performance Standards (NSPS) and the 
Emission Guidelines (EG) for OSWI units, the Sierra Club filed a 
petition for reconsideration, pursuant to section 307(d)(7)(B) of the 
CAA.\1\ On June 28, 2006 (71 FR 36726-36730), EPA granted 
reconsideration of one issue raised by the Sierra Club. In granting 
reconsideration on this issue, EPA agreed to undertake further notice 
and comment proceedings related to whether sewage sludge incinerators 
should be regulated under CAA section 129.\2\ EPA's granting 
reconsideration on an issue does not stay, vacate or otherwise 
influence the effective date of the OSWI regulations. Specifically, CAA 
section 307(d)(7)(B) provides that ``reconsideration shall not postpone 
the effectiveness of the rule,'' except that ``the effectiveness of the 
rule may be stayed during such reconsideration * * * by the 
Administrator or the court for a period not to exceed three months.'' 
In this case, neither EPA nor the court stayed the effectiveness of the 
final OSWI regulations in connection with the reconsideration petition. 
Because the existing OSWI regulations remain in effect, EPA's 
obligation under CAA section 129(b)(3) to promulgate a Federal Plan (to 
implement those regulations for existing units that are not covered by 
an approved and effective State plan) remains unchanged.\3\ Therefore, 
EPA is complying with its statutory obligations by issuing today's 
proposed Federal Plan for OSWI units.
---------------------------------------------------------------------------

    \1\ The Sierra Club also filed a petition for review in the D.C. 
Circuit, challenging the final OSWI rule. Sierra Club v. EPA, No. 
06-1066 (D.C. Cir.). That case is being held in abeyance while EPA 
undertakes its reconsideration proceeding.
    \2\ EPA will respond to other issues raised in the petition for 
reconsideration no later than when it takes final action on the 
sewage sludge issue, which EPA expects to be no later than January 
2007.
    \3\ Similarly, the obligations of States and sources are 
unaffected by EPA's reconsidering one issue.
---------------------------------------------------------------------------

    If, after reconsidering any issues raised in the petition for 
reconsideration, EPA revises the OSWI rules, EPA plans to make 
corresponding changes to the final Federal Plan. Thus, by this notice, 
we are informing the public that EPA is reconsidering this same issue 
(e.g., involving sewage sludge incinerators) as it pertains to the OSWI 
Federal Plan as well, and if the Federal Plan is finalized after EPA 
final action on reconsideration, it too will reflect EPA's final 
decision on the issue.

[[Page 75819]]

III. Affected Facilities

A. What is an OSWI unit?

    The term OSWI unit means either a very small municipal waste 
combustion unit or an institutional waste incineration unit, as defined 
in proposed 40 CFR part 62, subpart KKK. Seventeen types of combustion 
units, which are listed in CAA section 62.15845 of proposed subpart KKK 
are conditionally exempt from specific provisions of the proposed 
Federal plan.

B. Does the Federal plan apply to me?

    The proposed Federal plan will apply to you if you are the owner or 
operator of an OSWI unit, including any OSWI air curtain incinerator 
(ACI), not covered by an approved and effective State or Tribal plan as 
of the date of promulgation of the Federal plan. The Federal plan 
proposed herein would cover your OSWI unit until EPA should approve a 
State or Tribal plan that would cover your OSWI unit and that plan 
should become effective.
    If you began the construction of your OSWI unit on or before 
December 9, 2004, it is considered an existing OSWI unit and could be 
subject to the Federal plan. If you began the construction of your OSWI 
unit after December 9, 2004, it is considered a new OSWI unit and is 
subject to the new source performance standards (NSPS). If you began 
reconstruction or modification of your OSWI unit prior to June 16, 
2006, it is considered an existing OSWI unit and could be subject to 
the Federal plan. Likewise, if you began reconstruction or modification 
of your OSWI unit on or after June 16, 2006, it is considered a new 
OSWI unit and is subject to the NSPS.
    Your existing OSWI unit would be subject to this Federal plan if on 
the effective date of the Federal plan, EPA has not approved a State or 
Tribal Plan that covers your unit, or the EPA-approved State or Tribal 
plan has not become effective. The specific applicability of this plan 
is described in CAA sections 62.15460 through 62.15500 of proposed 
subpart KKK.
    Once an approved State or Tribal plan is in effect, the Federal 
plan will no longer apply to an OSWI unit covered by such plan. An 
approved State or Tribal plan is a plan developed by a State or Tribe 
that EPA has reviewed and approved based on the requirements in 40 CFR 
part 60, subpart B to implement and enforce 40 CFR part 60, subpart 
DDDD. The State or Tribal plan is effective on the date specified in 
the notice published in the Federal Register announcing EPA's approval 
of the plan.
    The EPA's promulgation of an OSWI Federal plan will not preclude 
States or Tribes from submitting a plan. If a State or Tribe submits a 
plan after promulgation of the OSWI Federal plan final rule, EPA will 
review and approve or disapprove the State or Tribal plan. If EPA 
approves a plan, then the Federal plan would no longer apply to OSWI 
units covered by the State or Tribal plan as of the effective date of 
the State or Tribal plan. If an OSWI unit were overlooked by a State or 
Tribe and the State or Tribe submitted a negative declaration letter, 
or if an individual OSWI unit were not covered by an approved and 
effective State or Tribal plan, the OSWI unit would be subject to this 
Federal plan.

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

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

                                         EPA Regional Contacts for OSWI
----------------------------------------------------------------------------------------------------------------
               Region                          Contact                   Phone/fax         States and protectors
----------------------------------------------------------------------------------------------------------------
I..................................  EPA New England, Director,   617-918-1650, 617-918-  CT, ME, MA, NH, RI,
                                      Air Compliance Program, 1    1505 (fax).             VT.
                                      Congress Street, Suite
                                      1100 (SEA), Boston, MA
                                      02114-2023.
II.................................  U.S. EPA Region 2, Air       212-637-4080, 212-637-  NJ, NY, Puerto Rico,
                                      Compliance Branch, 290       3998 (fax).             Virgin Islands.
                                      Broadway, New York, NY
                                      10007.
III................................  U.S. EPA Region 3, Chief,    215-814-3438, 215-814-  DE, DC, MD, PA, VA,
                                      Air Enforcement Branch       2134 (fax).             WV.
                                      (3AP12), 1650 Arch Street,
                                      Philadelphia, PA 19103-
                                      2029.
IV.................................  U.S. EPA Region 4, Air and   404-562-9105, 404-562-  AL, FL, GA, KY, MS,
                                      Radiation Technology         9095 (fax).             NC, SC, TN.
                                      Branch, Atlanta Federal
                                      Center, 61 Forsyth Street,
                                      Atlanta, GA 30303-3104.
V..................................  U.S. EPA Region 5, Air       312-353-2088, 312-353-  IL, IN, MN, OH, WI.
                                      Enforcement and Compliance   2018 (fax).
                                      Assurance Branch (AR-18J),
                                      77 West Jackson Boulevard,
                                      Chicago, IL 60604-3590.
VI.................................  U.S. EPA Region 6, Chief,    214-665-7224, 214-665-  AR, LA, NM, OK, TX.
                                      Toxics Enforcement Section   7446 (fax).
                                      (6EN-AT), 1445 Ross
                                      Avenue, Dallas, TX 75202-
                                      2733.
VII................................  U.S. EPA Region 7, Air       913-551-7020, 913-551-  IA, KS, MO, NE.
                                      Permitting and Compliance    7844 (fax).
                                      Branch (ARTD/APCO-2119F),
                                      901 N. 5th Street, Kansas
                                      City, KS 66101.
VIII...............................  U.S. EPA Region 8, Air and   303-312-6526, 303-312-  CO, MT, ND, SD, UT,
                                      Radiation Program Air        6064 (fax).             WY.
                                      Technical Assistance Unit
                                      (Mail Code 8P--AR), 999
                                      18th Street, Suite 200,
                                      Denver, CO 80202.
IX.................................  U.S. EPA Region 9, Air       415-947-4200, 415-744-  AZ, CA, HI, NV,
                                      Division, 75 Hawthorne       1076 (fax).             American Samoa, Guam.
                                      Street, San Francisco, CA
                                      94105.
X..................................  U.S. EPA Region 10, Office   206-553-1602, 206-553-  AK, ID, OR, WA.
                                      of Air Quality, 1200 Sixth   0110 (fax).
                                      Avenue, Seattle, WA 98101.
----------------------------------------------------------------------------------------------------------------


[[Page 75820]]

IV. Elements of the OSWI Federal Plan

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

                    Elements of the OSWI Federal Plan
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3) 111(d),
 mechanism.                               301(a), and 301(d)(4) of the
                                          CAA.
Inventory of Affected MWC Units........  Docket EPA-HQ-OAR-2003-0156.
Inventory of Emissions.................  Docket EPA-HQ-OAR-2003-0156.
Emission Limits........................  40 CFR 62.15575-62.15605.
Compliance Schedules...................  40 CFR 62.15505-62.15515.
Operator Training and Qualification....  40 CFR 62.15535-62.15570.
Waste Management Plan..................  40 CFR 62.15520-62.15530.
Record of Public Hearings..............  Docket EPA-HQ-OAR-2003-0156.
Testing, Monitoring, Recordkeeping, and  40 CFR 62.15610, 40 CFR 15665-
 Reporting.                               62.15710, 40 CFR 62.15715-
                                          62.15780.
Progress Reports.......................  Section IV.J. of this preamble.
------------------------------------------------------------------------

A. Legal Authority and Enforcement Mechanism

1. EPA's Legal Authority in States
    Section 301(a) of the CAA provides EPA with broad authority to 
write regulations that carry out the functions of the CAA. Sections 
111(d) and 129(b)(3) of the CAA direct EPA to develop a Federal plan 
for States that do not submit approvable State plans. Sections 111 and 
129 of the CAA provide EPA with the authority to implement and enforce 
the Federal plan in cases where the State fails to submit a 
satisfactory State plan. CAA Section 129(b)(3) requires EPA to develop, 
implement, and enforce a Federal plan within 2 years after the date the 
relevant emission guidelines are promulgated (by December 16, 2007). 
Compliance with the emission guidelines cannot be later than 5 years 
after the relevant emission guidelines are promulgated (by December 16, 
2010 for OSWI units).
2. EPA's Legal Authority in Indian Country
    Section 301 of the CAA provides EPA with the authority to 
administer Federal programs in Indian country. See CAA sections 301 (a) 
and (d). Section 301(d)(4) of the CAA authorizes the Administrator to 
directly administer provisions of the CAA where Tribal implementation 
of those provisions is not appropriate or administratively not 
feasible. See section VII.E of this preamble for a more detailed 
discussion of EPA's authority to administer the OSWI Federal plan in 
Indian country.
    The EPA is proposing this Federal regulation under the legal 
authority of the CAA to implement the emission guidelines in those 
States and areas of Indian country not covered by an approved plan. As 
discussed in section VII of this document, implementation and 
enforcement of the Federal plan may be delegated to eligible Tribal, 
State, or local agencies when requested by a State, eligible Tribal, or 
local agency, and when EPA determines that such delegation is 
appropriate.

B. Inventory of Affected OSWI Units

    The proposed Federal plan includes an inventory of OSWI units 
affected by the emission guidelines. (See 40 CFR part 60.25(a).) Docket 
No. EPA-HQ-OAR-2003-0156 contains an inventory of the OSWI units that 
may potentially be covered by this proposed Federal plan in the absence 
of State or Tribal plans. This inventory contains 248 OSWI units in 26 
States. It is based on information collected from State and Federal 
databases, information collection request survey responses, and 
stakeholder meetings during the development of the OSWI emission 
guidelines. The EPA recognizes that this list may not be complete. 
Therefore, sources potentially subject to this Federal plan may 
include, but are not limited to, the OSWI units listed in the inventory 
memorandum in Docket No. EPA-HQ-OAR-2003-0156. Any OSWI unit that meets 
the applicability criteria in the Federal plan rule is subject to the 
Federal plan, regardless of whether it is listed in the inventory. 
States, Tribes, or individuals are invited to identify additional 
sources for inclusion to the list during the comment period for this 
proposal.

C. Inventory of Emissions

    The proposed Federal plan includes an emissions estimate for OSWI 
units subject to the emission guidelines. (See 40 CFR 60.25(a).) The 
pollutants to be inventoried are dioxins/furans, cadmium (Cd), lead 
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl), 
oxides of nitrogen (NOX), carbon monoxide (CO), and sulfur 
dioxide (SO2). For this proposal, EPA has estimated the 
emissions from each known OSWI unit that potentially may be covered by 
the Federal plan for the nine pollutants regulated by the Federal plan.
    The emissions inventory is based on available information about the 
OSWI units, emission factors, and typical emission rates developed for 
calculating nationwide air impacts of the OSWI emission guidelines and 
the Federal plan. Refer to the inventory memorandum in Docket No. EPA-
HQ-OAR-2003-0156 for the complete emissions inventory and details on 
the emissions calculations.

D. Emission Limitations

    The proposed Federal plan includes emission limitations. (See 40 
CFR 60.24(a).) Section 129(b)(2) of the CAA requires these emission 
limitations to be ``at least as protective as'' those in the emission 
guidelines. The emission limitations in this proposed OSWI Federal plan 
are the same as those contained in the EG. Section V of this preamble 
discusses the emission limitations and operating limits. The EG 
promulgated December 16, 2005, had a technical error which is being 
corrected through a technical amendment. Due to the uncertainty of the 
publication date for the amendment, the technical error will not appear 
in the proposal of this Federal plan. The correct opacity measurement 
averaging time appears in

[[Page 75821]]

this proposal. This possible discrepancy between the EG and Federal 
Plan is in Table 2 of the rule in the EG and Table 1 of the rule in the 
Federal Plan.

E. Compliance Schedules

    Typically, State or Federal plans include increments of progress 
for units that need more than one year from State plan approval to 
comply, or in the case of the Federal plan, more than one year after 
promulgation of the final Federal plan. (See 40 CFR part 60.24(e)(1).) 
The purpose of increments of progress is to ensure that each affected 
unit needing more time to comply is making progress toward meeting the 
emission limits.
    Section 129(f) of the CAA specifies the dates by which affected 
facilities must comply with EG. Existing units must be in compliance 
with the guidelines as expeditiously as practicable after approval of a 
State plan, but no later than three years after the effective date of 
State plan approval or five years after promulgation of the guidelines, 
whichever is earlier. To proceed in an expeditious manner, we are 
proposing to implement the EG within that same time frame.
    For the EG, we are incorporating the full compliance time allowed 
by CAA section and to include final compliance as the sole increment of 
progress. The OSWI units are small and are located at small 
municipalities and institutions that do not always have full-time 
environmental staff. They will need time to investigate the regulatory, 
technical, cost, financing, and economic implications of control 
techniques and alternative waste disposal options available to their 
facility. The EPA wants to allow sufficient time for owners and 
operators of OSWI units to investigate, plan, and carry out activities 
for compliance or, as expected in most cases, a closure of their waste 
combustion units and an orderly transition to the use of alternative 
waste disposal methods. Our compliance schedule was developed to allow 
small sources maximum flexibility in accomplishing final compliance by 
a date 3 years after publication of a final rule for the Federal plan.

F. Waste Management Plan Requirements

    A waste management plan is a written plan that identifies both the 
feasibility and the methods used to reduce or separate certain 
components of solid waste from the waste stream to reduce or eliminate 
toxic emissions from incinerated waste. The waste management plan must 
be submitted no later than the date sixty days after the initial 
performance test. This date is 240 days after the final compliance 
date.

G. Testing, Monitoring, Recordkeeping, and Reporting

    The proposed Federal plan includes testing, monitoring, 
recordkeeping, and reporting requirements. (See 40 CFR part 60.25).) 
Testing, monitoring, recordkeeping, and reporting requirements are 
consistent with 40 CFR part 60 subpart FFFF, and assure initial and 
ongoing compliance.

H. Operator Training and Qualification Requirements

    The owner or operator must qualify operators or their supervisors 
(at least one per facility) by ensuring that they complete an operator 
training course and annual review or refresher course. CAA sections 
62.15535 through 62.15570 of the proposed subpart KKK contain the 
operator training and qualification requirements.

I. Record of Public Hearings

    The proposed Federal plan provides opportunity for public 
participation in adopting the plan. (See 40 CFR part 60.23(c).) If 
requested to do so, EPA will hold a public hearing in Research Triangle 
Park, NC. A record of the public hearing, if any, will appear in Docket 
No. EPA-HQ-OAR-2006-0364. If a public hearing is requested and held, 
EPA will ask clarifying questions during the oral presentation but will 
not respond to the presentations or comments. Written statements and 
supporting information submitted during the public comment period will 
be considered with equivalent weight as any oral statement and 
supporting information subsequently presented at a public hearing, if 
held.

J. Progress Reports

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

V. Summary of OSWI Federal Plan

A. Might the proposed rules apply to me?

    The proposed OSWI Federal rules could apply to you if you own or 
operate either of the following at a location not subject to an 
approved State or Tribal plan:
    (1) An incineration unit with a capacity less than 35 tpd burning 
municipal solid waste (MSW) (as defined in CAA sections 129 and 
62.15850 of 40 CFR part 62 subpart KKK); or
    (2) An incineration unit located at an institutional facility 
burning institutional waste (as defined in CAA section 62.15850 of 40 
CFR part 62 subpart KKK) generated at that facility.
    Requirements for air curtain incineration units that would 
otherwise be VSMWC or IWI units, but for the fact 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 proposed OSWI 
rules would 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 would 
not be subject to the proposed OSWI rules. Certain types of combustion 
units listed in CAA section 62.15485 of 40 CFR part 62 subpart KKK also 
would be 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 would be 
subject to the proposed Federal plan. 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 would be considered an existing unit and subject to the 
Federal plan. Likewise, if you begin reconstruction or modification of 
your incineration unit on or after June 16, 2006, it is

[[Page 75822]]

considered a new unit and is subject to the NSPS.

B. What emission limitations would apply?

    As the owner or operator of an existing OSWI unit, you would be 
required to meet the proposed emission limitations as specified in the 
table below. See CAA section V.F of this preamble for a discussion of 
the compliance schedule.

                 Emission Limits for 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 dry   EPA Method 29.
                                 standard cubic meter
                                 ([mu]g/dscm).
CO............................  40.0 parts per million  EPA Methods 10,
                                 dry volume (ppmdv).     10A or 10B.
Dioxins/Furans (total mass      33 nanograms per dry    EPA Method 23.
 basis).                         standard cubic meter
                                 (ng/dscm).
HCl...........................  15.0 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
                                 standard cubic foot     29.
                                 (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 pollutants' 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 would apply?

    If you use a wet scrubber to comply with the emission limits, you 
would be required to establish the maximum and minimum site-specific 
operating limits indicated in Table 1 of this preamble. You would then 
be required to operate the OSWI unit so that the charge rate does not 
exceed the established maximum charge rate. You would be required to 
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 1.--Operating Limits for Existing OSWI Units Using Wet Scrubbers
------------------------------------------------------------------------
                                                         And monitor
     For these operating       You must establish    continuously  using
         parameters              these operating       these recording
                                     limits                 times
------------------------------------------------------------------------
Charge rate.................  Maximum charge rate.  Every hour.
Pressure drop across the wet  Minimum pressure      Every 15 minutes.
 scrubber, or amperage to      drop or amperage.
 the wet scrubber.
Scrubber liquor flow rate...  Minimum flow rate...  Every 15 minutes.
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.

    If you use an air pollution control device other than a wet 
scrubber to comply with the emission limits, you would be required to 
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 62.15595 of proposed subpart KKK.

D. What would be the requirements for OSWI 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.

E. What other requirements would apply?

    As the owner or operator of an OSWI unit, you would be required to 
meet the following additional requirements.
    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

[[Page 75823]]

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.

F. What is the proposed compliance schedule?

    Each incineration unit will be required to reach final compliance 
by the date 3 years after publication of the final rule in the Federal 
Register. In addition, the owner or operator will need to comply with 
the operator training and qualification requirements and inspection 
requirements by the date 1 year after publication of the final rule in 
the Federal Register, regardless of when the OSWI unit reaches final 
compliance.
    To achieve final compliance, the owner or operator of each OSWI 
unit must incorporate all process changes or complete retrofit 
construction in accordance with the final control plan. The owner or 
operator must connect the air pollution control equipment or process 
changes such that when the OSWI unit is brought on line all necessary 
process changes or air pollution control equipment will operate as 
designed.

G. How did EPA determine the compliance schedule?

    Section 129(f) of the CAA specifies the dates by which affected 
facilities must comply with the EG. Existing units must be in 
compliance with the guidelines as expeditiously as practicable after 
approval of a State plan, but no later than three years after the 
effective date of State plan approval or five years after promulgation 
of the guidelines, whichever is earlier.
    EPA chose to include the full compliance time allowed by CAA 
section 129 in the EG and proposes to do the same in the proposed 
Federal plan for OSWI units. The OSWI units are small and are located 
at small municipalities and institutions that do not always have full-
time environmental staff. They will need time to investigate the 
regulatory, technical, cost, financing, and economic implications of 
control techniques and alternative waste disposal options available to 
their facility. The EPA wants to allow sufficient time for owners and 
operators of OSWI units to investigate, plan, and carry out activities 
for compliance or, as expected in most cases, a closure of their waste 
combustion units and an orderly transition to the use of alternative 
waste disposal methods.

VI. OSWI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

    If you plan to permanently close your currently operating 
incineration unit, you must do so by the date three years after 
publication of the final rule for this Federal plan in the Federal 
Register. If you close your OSWI unit after the date one year after 
publication of the final rule in the Federal Register, but before the 
date three years after publication of the final rule in the Federal 
Register, then you must comply with the operator training and 
qualification requirements by the date one year after publication of 
the final rule in the Federal Register. In addition, while still in 
operation, you are subject to the same requirements for title V 
operating permits that apply to units that will not shut down.

B. Inoperable Units

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

C. OSWI Units That Have Shut Down

    OSWI units that are known to have already shut down (but are not 
known to be inoperable) are included in the source inventory for the 
proposed Federal plan and will be identified in any State or Tribal 
plan submitted to EPA.
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive incineration unit plans to 
restart before the final compliance date, the owner or operator must 
meet any requirements for operator training or obtaining title V 
operating permits that apply to units planning to meet the final 
compliance date.
2. Restarting After the Final Compliance Date
    Before restarting, such OSWI units would have to complete the 
operator training and qualification requirements and inspection 
requirements (if applicable) and complete retrofit or process 
modifications. Performance testing to demonstrate compliance would be 
required within 30 days after restarting. An incineration unit that 
operates out of compliance after the final compliance date would be in 
violation of the Federal plan and subject to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, EPA is required to 
adopt emission guidelines that are applicable to existing solid waste 
incineration sources. These emission guidelines are enforceable once 
EPA approves a State or Tribal plan or adopts a Federal plan that 
implements and enforces them, and the State, Tribal, or Federal plan 
has become effective. As discussed above, the Federal plan regulates 
OSWI units in a State or Tribal area that does not have an EPA-approved 
plan currently in effect.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with State and local agencies. 
See section 101(a)(3) of the CAA. Consistent with that overall 
determination, Congress established sections 111 and 129 of the CAA 
with the intent that the States and local

[[Page 75824]]

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

B. Delegation of the Federal Plan and Retained Authorities

    If a State or Indian Tribe intends to take delegation of the 
Federal plan, the State or Indian Tribe must submit to the appropriate 
EPA Regional Office a written request for delegation of authority. The 
State or Indian Tribe must explain how it meets the criteria for 
delegation. See generally ``Good Practices Manual for Delegation of 
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation, 
an Indian Tribe must also establish its eligibility to be treated in 
the same manner as a State. The letter requesting delegation of 
authority to implement the Federal plan must demonstrate that the State 
or Tribe has adequate resources, as well as the legal and enforcement 
authority to administer and enforce the program. A memorandum of 
agreement between the State or Tribe and EPA would set forth the terms 
and conditions of the delegation, the effective date of the agreement, 
and would also serve as the mechanism to transfer authority. Upon 
signature of the agreement, the appropriate EPA Regional Office would 
publish an approval notice in the Federal Register; thereby 
incorporating the delegation of authority into the appropriate subpart 
of 40 CFR part 62.
    If authority is not delegated to a State or Indian Tribe, EPA will 
implement the Federal plan. Also, if a State or Tribe fails to properly 
implement a delegated portion of the Federal plan, EPA will assume 
direct implementation and enforcement of that portion. The EPA will 
continue to hold enforcement authority along with the State or Tribe 
even when a State or Tribe has received delegation of the Federal plan. 
In all cases where the Federal plan is delegated, EPA will retain and 
will not transfer authority to a State or Tribe to approve the 
following items:
    The following authorities are withheld by the EPA Administrator and 
not transferred to the State or Tribe:
    (1) Approval of alternatives to the emission limitations in Table 1 
of the proposed rule and operating limits established under 40 CFR 
62.15585 and Table 2 of the proposed rule.
    (2) Approval of petitions for specific operating limits in 40 CFR 
62.15595 the proposed rule.
    (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 40 CFR 62.15570(c)(2) the 
proposed rule.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to State or Tribal agencies: (1) EPA approval of a State or Tribal plan 
after the Federal plan is in effect; and (2) if a State or Tribe does 
not submit or obtain approval of its own plan, EPA delegation to a 
State or Tribe of the authority to implement certain portions of this 
Federal plan to the extent appropriate and if allowed by State or 
Tribal law. Both of these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State or 
Tribal Plan
    After OSWI units in a State or Tribal area become subject to the 
Federal plan, the State or Tribal agency may still adopt and submit a 
plan to EPA. If EPA determines that the State or Tribal plan is as 
protective as the emission guidelines, EPA will approve the State or 
Tribal plan. If EPA determines that the plan is not as protective as 
the emission guidelines, EPA will disapprove the plan and the OSWI 
units covered in the State or Tribal plan would remain subject to the 
Federal plan until a State or Tribal plan covering those OSWI units is 
approved and effective.
    Upon the effective date of an approved State or Tribal plan, the 
Federal plan would no longer apply to OSWI units covered by such a 
plan, and the State or Tribal agency would implement and enforce the 
State or Tribal plan in lieu of the Federal plan. When an EPA Regional 
Office approves a State or Tribal plan, it will amend the appropriate 
subpart of 40 CFR part 62 to indicate such approval.
2. State or Tribe Takes Delegation of the Federal Plan
    EPA, in its discretion, may delegate to State or eligible Tribal 
agencies the authority to implement this Federal plan. As discussed 
above, EPA believes that it is advantageous and the best use of 
resources for State or Tribal agencies to agree to undertake, on EPA's 
behalf, the administrative and substantive roles in implementing the 
Federal plan to the extent appropriate and where authorized by State or 
Tribal law. If a State requests delegation, EPA will generally delegate 
the entire Federal plan to the State agency. These functions include 
administration and oversight of compliance reporting and recordkeeping 
requirements, OSWI inspections, and preparation of draft notices of 
violation, but will not include any retained authorities.
    EPA also believes that it is the best use of resources for Tribal 
agencies to undertake a role in the implementation of the Federal plan. 
The Tribal Authority Rule issued on February 12, 1998 (63 FR 7254), 
provides Tribes the opportunity to develop and implement Clean Air Act 
programs. However, due to resource constraints and other factors unique 
to Tribal governments, it leaves to the discretion of the Tribe whether 
to develop these programs and which elements of the program they will 
adopt. Consistent with the approach of the Tribal Authority Rule, EPA 
may choose to delegate a partial Federal plan (i.e., to

[[Page 75825]]

delegate authority for some functions needed to carry out the plan) in 
appropriate circumstances and where consistent with Tribal law.
    Both States and Tribal agencies, that have taken delegation, as 
well as EPA, will have responsibility for bringing enforcement actions 
against sources violating Federal plan provisions. However, EPA 
recognizes that Tribes have limited criminal enforcement authority, and 
EPA will address in the delegation agreement with the Tribe how 
criminal enforcement issues are referred to EPA.

D. Implementing Authority

    The EPA delegated authority within the Agency to the EPA Regional 
Administrators to implement the OSWI Federal plan. All reports required 
by this Federal plan should be submitted to the appropriate Regional 
Office Administrator.

E. OSWI Federal Plan and Indian Country

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

VIII. Title V Operating Permits

    All existing OSWI units and air curtain incinerators to be 
regulated by the proposed OSWI Federal plan will have to 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), 40 CFR 70.2, 40 CFR 71.6(a)(1), 
and 40 CFR 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 your 
existing incineration unit 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) 12 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) 12 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 parts70.5(a)(1)(i) and 40 CFR 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

[[Page 75826]]

requirement which first causes the source to be subject to title V. 
(See CAA section 503(c) and 40 CFR parts 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).)
    For additional background information on the interface between CAA 
section 129 and title V, including EPA's interpretation of CAA section 
129(e), as well as information on submitting title V permit 
applications, updating existing title V 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 EPA's OSWI emission guidelines docket (EPA-HQ-
OAR-2003-0156).

Title V and Delegation of a Federal plan

    We have previously stated our position that issuance of a Title V 
permit is not equivalent to the approval of a State plan or delegation 
of a Federal plan. Legally, delegation of a standard or requirement 
results in a delegated State or Tribe standing in for EPA as a matter 
of Federal law. This means that obligations a source may have to the 
EPA under a Federally promulgated standard become obligations to a 
State (except for functions that the EPA retains for itself) upon 
delegation.\4\ Although a State or Tribe may have the authority under 
State or Tribal law to incorporate section 111/129 requirements into 
its title V permits, and implement and enforce these requirements in 
these permits without first taking delegation of the section 111/129 
Federal plan, the State or Tribe is not standing in for EPA as a matter 
of Federal law in this situation. Where a State or Tribe does not take 
delegation of a section 111/129 Federal plan, obligations that a source 
has to EPA under the Federal plan continue after a title V permit is 
issued to the source. As a result, the EPA continues to maintain that 
an approved part 70 operating permits program cannot be used as a 
mechanism to transfer the authority to implement and enforce the 
Federal plan from the EPA to a State or Tribe.
---------------------------------------------------------------------------

    \4\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a State or Tribe may have the authority under 
State or Tribal law to incorporate section 111/129 requirements into 
its title V permits, and implement and enforce these requirements in 
that context without first taking delegation of the section 111/129 
Federal plan.\5\ Some States or Tribes, however, may not be able to 
implement and enforce a section 111/129 standard in a title V permit 
until the section 111/129 standard has been delegated. In these 
situations, a State or Tribe should not issue a part 70 permit to a 
source subject to a Federal plan before taking delegation of the 
section 111/129 Federal plan.
---------------------------------------------------------------------------

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

    If a State or Tribe can provide an Attorney General's (AG's) 
opinion delineating its authority to incorporate section 111/129 
requirements into its Title V permits, and then implement and enforce 
these requirements through its Title V permits without first taking 
delegation of the requirements, then a State or Tribe does not need to 
take delegation of the section 111/129 requirements for purposes of 
title V permitting.\6\ In practical terms, without approval of a State 
or Tribal plan, delegation of a Federal plan, or an adequate AG's 
opinion, States and Tribes with approved part 70 permitting programs 
open themselves up to potential questions regarding their authority to 
issue permits containing section 111/129 requirements, and to assure 
compliance with these requirements. Such questions could lead to the 
issuance of a notice of deficiency for a State's or Tribe's part 70 
program. As a result, prior to a State or Tribal permitting authority 
drafting a part 70 permit for a source subject to a section 111/129 
Federal plan, the State or Tribe, EPA Regional Office, and source in 
question are advised to ensure that delegation of the relevant Federal 
plan has taken place or that the permitting authority has provided to 
the EPA Regional Office an adequate AG's opinion.
---------------------------------------------------------------------------

    \6\ It is important to note that an AG's opinion submitted at 
the time of initial title V program approval is sufficient if it 
demonstrates that a State or Tribe has adequate authority to 
incorporate CAA section 111/129 requirements into its title V 
permits, and to implement and enforce these requirements through its 
title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's 
opinion and not take delegation of a Federal plan, a section 111/129 
source subject to the Federal plan in that State must simultaneously 
submit to both EPA and the State or Tribe all reports required by the 
standard to be submitted to the EPA. Given that these reports are 
necessary to implement and enforce the section 111/129 requirements 
when they have been included in title V permits, the permitting 
authority needs to receive these reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an 
AG's opinion and not take delegation of a Federal plan, EPA Regional 
Offices will be responsible for implementing and enforcing section 111/
129 requirements outside of any title V permits. Moreover, in this 
situation, EPA Regional Offices will continue to be responsible for 
developing progress reports, and conducting any other administrative 
functions required under this Federal plan or any other section 111/129 
Federal plan. See the section IV.J. of this preamble titled ``Progress 
Reports''.
    It is important to note that the EPA is not using its authority 
under 40 CFR part 70.4(i)(3) to request that all States and Tribes 
which do not take delegation of this Federal plan submit supplemental 
AG's opinions at this time. However, the EPA Regional Offices shall 
request, and permitting authorities shall provide, such opinions when 
the EPA questions a State's or Tribe's authority to incorporate section 
111/129 requirements into a title V permit, and implement and enforce 
these requirements in that context without delegation.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under terms 
of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
However, the information collection requirements in the proposed rules 
have been previously submitted for approval to OMB under the Paperwork 
Reduction Act, 44 U.S.C. 3501, et seq. and has been assigned OMB 
control number 2060-0562 for the proposed rule and the emission 
guideline (ICR No. 2164.02 for 40 CFR part 60 subpart FFFF). A copy of 
the OMB approved Information Collection Request (ICR) may be obtained 
from Susan Auby by mail at the Collection Strategies Division, U.S. 
Environmental Protection Agency (2822T), 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, or by calling (202) 566-1672.

[[Page 75827]]

    This ICR reflects the burden estimate for the emission guidelines 
which were promulgated in the Federal Register on December 16, 2005. 
The burden estimate includes the burden associated with State or Tribal 
plans as well as the burden associated with the proposed Federal plan. 
Consequently, the burden estimates described below overstate the 
information collection burden associated with the Federal plan. 
However, upon approval by EPA, a State or Tribal plan becomes Federally 
enforceable. Therefore, it is important to estimate the full burden 
associated with the State or Tribal plans and the Federal plan. As 
State or Tribal plans are approved, the Federal plan burden will 
decrease, but the overall burden of the State or Tribal plans and the 
Federal plan will remain the same.
    The proposed rules contain monitoring, reporting, and recordkeeping 
requirements. Information specified in the emission guidelines would 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 would be 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 
would 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.
    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........................           3,803        $174,703              $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 our 
regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the agency certifies that 
the proposed rules will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small government organizations, and small government 
jurisdictions.
    For purposes of assessing the impacts of the proposed 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 $6.5 
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 proposed rules on 
small entities, I certify 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 proposed 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 proposed rules.
    Alternative waste disposal methods, such as land filling, are 
available for OSWI units. During development of the underlying EG, our 
analysis using model plants and a supplemental analysis using site-
specific data both supported the idea that the annual cost to landfill 
waste will typically be less than the annual cost of using an OSWI unit 
for waste disposal. Thus, the likely response to the proposed Federal 
implementation plan will be for small entities that own and operate 
OSWI units to close the units and use an alternative waste disposal 
method. More detailed information about these analyses is available in 
the docket for the underlying EG (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 in Docket ID No. EPA-HQ-OAR-2003-0156).
    The Small Business Administration's Office of Advocacy (SBA) 
expressed concerns that EPA's certification that the proposed emission 
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

[[Page 75828]]

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 underlying EG 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 EG 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. We continue to be interested in the 
potential impacts of the proposed rule on small entities and welcome 
comments on issues related to such impacts.

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 proposed rules. 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.
    The EPA has determined that the proposed 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. In the preamble promulgating the 
emissions guidelines, we presented our expectation that most OSWI units 
would close and utilize an economical alternative waste disposal method 
rather than complying with the final rules, rendering the cost impacts 
negligible. Thus, the final EG, and by extension the proposed Federal 
plan, are not subject to the requirements of section 202 and 205 of the 
UMRA. In addition, EPA has determined that the proposed 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 proposed 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.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that imposes substantial direct compliance costs, and that 
is not required by statute, unless the Federal government provides the 
funds necessary to pay the direct compliance costs incurred by State 
and local governments, or EPA consults with State and local officials 
early in the process of developing the proposed regulation. Also, EPA 
may not issue a regulation that has federalism implications and that 
preempts State law, unless EPA consults with State and local officials 
early in the process of developing the proposed regulation.
    The proposed 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 proposed 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 proposed 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.'' The proposed rule does not have Tribal 
implications, as specified in Executive Order 13175. Thus, Executive 
Order 13175 does not apply to the proposed rules.

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,

[[Page 75829]]

EPA must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives EPA considered.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The proposed rules are not 
subject to Executive Order 13045 because they are based on technology 
performance and not on health and safety risks. Also, the proposed 
rules are not ``economically significant.''

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR28355; May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    The proposed rules involve technical standards. The EPA proposes to 
use 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, 9, and 10A. The search and review results have been 
documented and are placed in the docket for the OSWI emission 
guidelines.
    One voluntary consensus standard was identified as an acceptable 
alternative to EPA test methods for the purposes of the proposed rules. 
The voluntary consensus standard ASME PTC 19-10-1981-Part 10, ``Flue 
and Exhaust Gas Analyses,'' is cited in the emission guidelines and the 
proposed 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 29 
voluntary consensus standards applicable to the proposed rules. The EPA 
determined these 29 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 proposed 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.)
    Four of the 29 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); ASME/BSR MFC 12M, ``Flow in Closed Conduits Using 
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; ISO/
DIS 12039, ``Stationary Source Emissions-Determination of Carbon 
Monoxide, Carbon Dioxide, and Oxygen-Automated Methods'' for EPA Method 
3A; and ASTM Z6590Z, ``Manual Method for Both Speciated and Elemental 
Mercury'' for EPA Method 29 (portion for Hg only).
    Tables 2 and 4 of subpart FFFF of 40 CFR part 60 list the EPA 
testing methods from the underlying EG that would be included in the 
proposed rules. Under 40 CFR part 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.

List of Subjects in 40 CFR Part 62

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

    Dated: December 8, 2006.
Stephen L. Johnson,
Administrator.

    40 CFR part 62 is proposed to be amended as follows:

PART 62--[AMENDED]

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

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

    2. Section 62.13 is amended by revising paragraph (e) to read as 
follows:


Sec.  62.13  Federal plans.

* * * * *
    (e) The substantive requirements of the other solid waste 
incineration units Federal plan are contained in subpart KKK of this 
part. These requirements include emission limits, compliance schedules, 
testing, monitoring, and reporting and recordkeeping requirements.
    3. Part 62 is amended by adding a new subpart KKK to read as 
follows:
Subpart KKK--Federal Plan Requirements for Other Solid Waste 
Incineration Units That Commenced Construction on or Before December 9, 
2004
Sec.

Introduction

62.15450 What is the purpose of this subpart?
62.15455 What are the principal components of this subpart?

Applicability

62.15460 Am I subject to this subpart?
62.15470 Can my OSWI unit be covered by both a State plan and this 
subpart?
62.15475 How do I determine if my OSWI unit is covered by an 
approved and effective State or Tribal plan?
62.15480 If my OSWI unit is not listed in the Federal plan 
inventory, am I exempt from this subpart?
62.15485 Can my combustion unit be exempt from this subpart?
62.15495 When must I submit any records required pursuant to an 
exemption allowed under Sec.  62.15485?
62.15500 Are air curtain incinerators regulated under this subpart?

Compliance Schedule and Increments of Progress

62.15505 When must I comply with this subpart if I plan to continue 
operation of my OSWI unit?
62.15510 What must I do if I plan to permanently close my OSWI unit 
and not restart it?
62.15515 What must I do if I close my OSWI unit and then restart it?

Waste Management Plan

62.15520 What is a waste management plan?
62.15525 When must I submit my waste management plan?

[[Page 75830]]

62.15530 What should I include in my waste management plan?

Operator Training and Qualification

62.15535 What are the operator training and qualification 
requirements?
62.15545 When must the operator training course be completed?
62.15550 How do I obtain my operator qualification?
62.15555 How do I maintain my operator qualification?
62.15560 How do I renew my lapsed operator qualification?
62.15565 What site-specific documentation is required?
62.15570 What if all the qualified operators are temporarily not 
accessible?

Emission Limitations and Operating Limits

62.15575 What emission limitations must I meet and by when?
62.15585 What operating limits must I meet and by when?
62.15595 What if I do not use a wet scrubber to comply with the 
emission limitations?
62.15605 What happens during periods of startup, shutdown, and 
malfunction?

Performance Testing

62.15610 How do I conduct the initial and annual performance test?
62.15615 How are the performance test data used?

Initial Compliance Requirements

62.15620 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
62.15630 By what date must I conduct the initial performance test?

Continuous Compliance Requirements

62.15635 How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?
62.15645 By what date must I conduct the annual performance test?
62.15650 May I conduct performance testing less often?
62.15660 May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

62.15665 What continuous emission monitoring systems must I install?
62.15675 How do I make sure my continuous emission monitoring 
systems are operating correctly?
62.15685 What is my schedule for evaluating continuous emission 
monitoring systems?
62.15690 What is the minimum amount of monitoring data I must 
collect with my continuous emission monitoring systems, and is the 
data collection requirement enforceable?
62.15700 How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?
62.15705 What operating parameter monitoring equipment must I 
install, and what operating parameters must I monitor?
62.15710 Is there a minimum amount of operating parameter monitoring 
data I must obtain?

Recordkeeping and Reporting

62.15715 What records must I keep?
62.15725 Where and in what format must I keep my records?
62.15730 What reports must I submit?
62.15740 What information must I submit following my initial 
performance test?
62.15745 When must I submit my annual report?
62.15750 What information must I include in my annual report?
62.15755 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
62.15760 What must I include in the deviation report?
62.15765 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
62.15770 Are there any other notifications or reports that I must 
submit?
62.15775 In what form can I submit my reports?
62.15780 Can reporting dates be changed?

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

62.15785 What is an air curtain incinerator?
62.15790 When must I comply if my air curtain incinerator burns only 
wood waste, clean lumber, and yard waste?
62.15795 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?
62.15800 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?
62.15805 What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber and yard waste?
62.15810 How must I monitor opacity for air curtain incinerators 
that burn only wood waste, clean lumber and yard waste?
62.15815 What are the recordkeeping and reporting requirements for 
air curtain incinerators that burn only wood waste, clean lumber, 
and yard waste?
62.15820 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?

Title V Operating Permits

62.15825 Am I required to apply for and obtain a title V operating 
permit for my existing unit?
62.15830 When must I submit a title V permit application for my 
existing unit?

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

62.15835 What are the requirements for temporary-use incinerators 
and air curtain incinerators used in disaster recovery?

Delegation of Authority

62.15840 What authorities are withheld by the EPA?

Equations

62.15845 What equations must I use?

Definitions

62.15850 What definitions must I know?

Tables to Subpart KKK of Part 62

Table 1 of Subpart KKK of Part 62--Emission Limitations

Table 2 of Subpart KKK of Part 62--Operating Limits for Incinerators 
and Wet Scrubbers

Table 3 of Subpart KKK of Part 62--Requirements for Continuous Emission 
Monitoring Systems (CEMS)

Table 4 of Subpart KKK of Part 62--Summary of Reporting Requirements

Subpart KKK--Federal Plan Requirements for Other Solid Waste 
Incineration Units That Commenced Construction on or Before 
December 9, 2004

Introduction

Sec.  62.15450 What is the purpose of this subpart?
    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from other solid waste 
incineration (OSWI) units that are not covered by an EPA approved and 
currently effective State or Tribal plan. The pollutants addressed by 
these emission requirements are listed in Table 1 of this subpart. 
These emission requirements are developed in accordance with sections 
111 and 129 of the Clean Air Act and subpart B of 40 CFR part 60.
    (b) In this subpart, ``you'' means the owner or operator of an OSWI 
unit or air curtain incinerator subject to this subpart.


Sec.  62.15455  What are the principal components of this subpart?

    This subpart contains the twelve major components listed in 
paragraphs (a) through (l) of this section.
    (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.
    (j) Definitions.
    (k) Equations
    (l) Tables.

[[Page 75831]]

Applicability


Sec.  62.15460  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an OSWI 
unit as defined in Sec.  62.15850, or an air curtain incinerator 
subject to this subpart as defined in Sec.  62.15785. OSWI units are 
very small municipal waste combustion units and institutional waste 
incineration units as defined in Sec.  62.15850. Units subject to this 
subpart meet the criteria described in paragraphs (a)(1) through (a)(3) 
of this section.
    (1) Construction of your incineration unit commenced on or before 
November December 9, 2004.
    (2) Your incineration unit is not exempt under Sec.  62.15485.
    (3) Your incineration unit is not regulated by an EPA approved and 
currently effective State or Tribal plan, or your incineration unit is 
located in any State whose approved State or Tribal plan is 
subsequently vacated in whole or in part.
    (b) If the owner or operator of an incineration unit subject to 
this subpart makes changes that meet the definition of modification or 
reconstruction on or after June 16, 2006, that unit becomes subject to 
subpart EEEE of 40 CFR part 60 (New Source Performance Standards for 
Other Solid Waste Incineration Units) and this subpart no longer 
applies to that unit.
    (c) If you make physical or operational changes to your existing 
incineration unit primarily to comply with this subpart, then such 
changes do not qualify as modifications or reconstructions under 
subpart EEEE of 40 CFR part 60.


Sec.  62.15470  Can my OSWI unit be covered by both a State plan and 
this subpart?

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


Sec.  62.15475  How do I determine if my OSWI unit is covered by an 
approved and effective State or Tribal plan?

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


Sec.  62.15480  If my OSWI unit is not listed in the Federal plan 
inventory, am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart are not limited to 
the inventory of sources listed in Docket No. EPA-HQ-OAR-2006-0364 for 
the Federal plan. If your incineration unit meets the applicability 
criteria in Sec.  62.15460, this subpart applies to you whether or not 
your unit is listed in the Federal plan inventory in the docket.


Sec.  62.15485  Can my combustion unit be exempt from this subpart?

    This subpart exempts the types of units described in paragraphs (a) 
through (q) of this section from complying with the requirements of 
this subpart except for the requirements specified in 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 unit meets the following five requirements:
    (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 part 
60 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 part 60 (New 
Source Performance Standards and Emission Guidelines for Hospital/
Medical/Infectious Waste Incinerators) or subpart HHH of part 62 
(Federal Plan Requirements 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.  62.15850.
    (h) Rural institutional waste incinerators. The incineration unit 
is excluded if it is an institutional waste incinerator, as defined in 
Sec.  62.15850, 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,

[[Page 75832]]

    (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. An 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.  62.15850 and the 
owner/operator of the unit meets the criteria specified in paragraphs 
(l)(1) and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keeps records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (m) Small or large municipal waste combustion units. The unit is 
excluded if it is regulated under 40 CFR part 60, subparts AAAA, BBBB, 
Ea, Eb, or Cb, and is required to meet the emission limitations 
established in those subparts. Also excluded are units regulated under 
40 CFR part 62, subparts FFF or JJJ.
    (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.  62.15835.
    (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 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.  62.15495  When must I submit any records required pursuant to an 
exemption allowed under Sec.  62.15485?

    Owners or operators of sources that qualify for the exemptions in 
Sec.  62.15485(b) and (l) must submit any records required to support 
their claims of exemption to the EPA Administrator (or delegated 
enforcement authority) upon request. Upon request by any person under 
the regulation at part 2 of this chapter (or a comparable law or 
regulation governing a delegated enforcement authority), the EPA 
Administrator (or delegated enforcement authority) must request the 
records in Sec.  62.15485(b) and (l) from an owner or operator and make 
such records available to the requestor to the extent required by part 
2 of this chapter (or a comparable law governing a delegated 
enforcement authority). Any records required under Sec.  62.15485(b) 
and (l) must be maintained by the source for a period of at least 5 
years. Notifications of exemption claims required under Sec.  
62.15485(b) and (l) of this section must be maintained by the EPA or 
delegated enforcement authority for a period of at least five years. 
Any information obtained from an owner or operator of a source 
accompanied by a claim of confidentiality will be treated in accordance 
with the regulations in part 2 of this chapter (or a comparable law 
governing a delegated enforcement authority).


Sec.  62.15500  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.  62.15785 through 62.15830 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.

[[Page 75833]]

Compliance Schedule and Increments of Progress


Sec.  62.15505  When must I comply with this subpart if I plan to 
continue operation of my OSWI unit?

    If you plan to continue operation and come into compliance with the 
requirements of this subpart by [A DATE WILL BE INSERTED WHICH WILL BE 
THREE YEARS AFTER DATE THE FINAL RULE IS PUBLISHED IN THE Federal 
Register], then you must complete the requirements of paragraphs (a) 
through (f) of this section.
    (a) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by [A DATE WILL BE INSERTED WHICH WILL BE ONE YEAR AFTER DATE 
THE FINAL RULE IS PUBLISHED IN THE Federal Register].
    (b) You must submit a waste management plan no later than 60 days 
following the initial performance test as specified in Table 4 of this 
subpart.
    (c) You must achieve final compliance by [A DATE WILL BE INSERTED 
WHICH WILL BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN 
THE Federal Register]. To achieve final compliance, you must 
incorporate all process changes and complete retrofit construction of 
control devices, so that, if the affected CISWI unit is brought online, 
all necessary process changes and air pollution control devices would 
operate as designed.
    (d) You must conduct the initial performance test no later than [A 
DATE WILL BE INSERTED WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE 
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register].
    (e) You must submit an initial test report including the results of 
the initial performance test no later than 60 days following the 
initial performance test.
    (f) You must submit a notification to the Administrator stating 
whether final compliance has been achieved, postmarked within 10 
business days after [A DATE WILL BE INSERTED WHICH WILL BE THREE YEARS 
PLUS 10 DAYS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal 
Register].


Sec.  62.15510  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 on [A DATE 
WILL BE INSERTED WHICH WILL BE THREE YEARS AFTER DATE THE FINAL RULE IS 
PUBLISHED IN THE Federal Register].
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by [A DATE WILL BE INSERTED WHICH WILL BE ONE YEAR AFTER DATE 
THE FINAL RULE IS PUBLISHED IN THE Federal Register].
    (2) While still in operation, your OSWI unit is subject to the same 
requirement to apply for and obtain a title V operating permit that 
applies to an OSWI unit that will not be permanently closing. See 
Sec. Sec.  62.15825 and 62.15830.


Sec.  62.15515  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 [A DATE 
WILL BE INSERTED WHICH WILL BE THREE YEARS AFTER DATE THE FINAL RULE IS 
PUBLISHED IN THE Federal Register], you must meet all the requirements 
of Sec.  62.15505.
    (b) If you close your OSWI unit and restart the unit after [A DATE 
WILL BE INSERTED WHICH WILL BE THREE YEARS AFTER THE DATE THE FINAL 
RULE IS PUBLISHED IN THE Federal Register] and resume operation, you 
must meet all of the requirements of Sec.  62.15505(a), (b), (c), and 
(e) at the time you restart your OSWI unit. You must conduct the 
initial performance test within 30 days of restarting your OSWI unit. 
Upon restarting your OSWI unit, you must have incorporated all process 
changes and completed retrofit construction of control devices so that 
when the affected OSWI unit is brought online, all necessary process 
changes and air pollution control devices operate as designed.

Waste Management Plan


Sec.  62.15520  What is a waste management plan?

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


Sec.  62.15525  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 4 of this 
subpart


Sec.  62.15530  What should I include in my waste management plan?

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

Operator Training and Qualification


Sec.  62.15535  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.  62.15570.
    (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) 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.

[[Page 75834]]

    (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.  62.15545  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 Sec.  62.15505.
    (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.  62.15550  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  62.15535(c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec.  62.15535(c)(2).


Sec.  62.15555  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.  62.15560  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  62.15555.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  62.15550(a).


Sec.  62.15565  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.  62.15520 
through 62.15530.
    (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) [A DATE WILL BE INSERTED WHICH WILL BE THREE YEARS AFTER DATE 
THE FINAL RULE IS PUBLISHED IN THE Federal Register].
    (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.  62.15535, met 
the criteria for qualification under Sec.  62.15550, and maintained or 
renewed their qualification under Sec.  62.15555 or Sec.  62.15560. 
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.  62.15570  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.  62.15565(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.  62.15565(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  62.15570.
    (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.

[[Page 75835]]

    (2) Submit a status report to the 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 the EPA to continue operation 
of the OSWI unit. You must submit the first status report 4 weeks after 
you notify the EPA of the deviation under paragraph (c)(1) of this 
section. If the 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.  
62.15535(a).
    (ii) You notify the EPA that a qualified operator is accessible and 
that you are resuming operation.

Emission Limitations and Operating Limits


Sec.  62.15575  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in Table 1 of this 
subpart on the date the initial performance test is required or 
completed, whichever is earlier. Section 62.15630 specifies the date by 
which you are required to conduct your performance test.


Sec.  62.15585  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 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 [A DATE WILL BE INSERTED 
WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE DATE THE FINAL RULE 
IS PUBLISHED IN THE Federal Register].


Sec.  62.15595  What if I do not use a wet scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber or limit emissions in some other manner to comply with the 
emission limitations under Sec.  62.15575, you must petition the 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 the 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.  62.15605  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.  62.15610  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 40 CFR part 60 must be used to select 
the sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of 40 CFR part 60 must be used 
for gas composition analysis, including measurement of oxygen 
concentration. Method 3A or 3B of appendix A of 40 CFR part 60 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.  62.15845(a).
    (g) Method 26A of appendix A of 40 CFR part 60 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 40 CFR part 60. 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

[[Page 75836]]

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 40 CFR part 60.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of Method 26A of appendix A of 40 CFR part 60 must be used.


Sec.  62.15615  How are the performance test data used?

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

Initial Compliance Requirements


Sec.  62.15620  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 
section 60.8, to determine compliance with the emission limitations in 
Table 1 of this subpart of part 62 and to establish operating limits 
using the procedure in Sec.  62.15585 or Sec.  62.15595. The initial 
performance test must be conducted using the test methods listed in 
Table 1 of this subpart and the procedures in Sec.  62.15610.


Sec.  62.15630  By what date must I conduct the initial performance 
test?

    The initial performance test must be conducted no later than [A 
DATE WILL BE INSERTED WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE 
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register].

Continuous Compliance Requirements


Sec.  62.15635  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 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.  62.15610.
    (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 the carbon monoxide emission limit in 
Table 1 constitutes a deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  62.15585 or established under Sec.  62.15595. Three-
hour rolling average values are used to determine compliance with the 
operating limits unless a different averaging period is established 
under Sec.  62.15595. A 3-hour rolling average value (unless a 
different averaging period is established under Sec.  62.15595) 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.  62.15645  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.  62.15650  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.  62.15660  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.  62.15665  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.  62.15675  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 by the date not later than within 180 days after [A 
DATE WILL BE INSERTED WHICH WILL BE THREE YEARS PLUS 180 DAYS AFTER THE 
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register]
    (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 
part 60. 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 40 CFR part 60. 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 40 CFR part 60 for each continuous emission monitoring 
system. The procedures include daily calibration drift and quarterly 
accuracy determinations.

[[Page 75837]]

Sec.  62.15685  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 40 CFR part 60.


Sec.  62.15690  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.  62.15700  How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  62.15845 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec.  62.15845 to calculate the 12-hour 
rolling averages for concentrations of carbon monoxide.


Sec.  62.15705  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.  62.15575, 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.  
62.15575, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  62.15595.


Sec.  62.15710  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.  62.15715  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.  62.15595, 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

[[Page 75838]]

operating limits in Table 2 of this subpart or a deviation from other 
operating limits established under Sec.  62.15595 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.  62.15690 
and 62.15710.
    (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 40 CFR part 
60.
    (h) Records of the calibration of any monitoring devices required 
under Sec.  62.15705.
    (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.  62.15565(a) as required by 
Sec.  62.15565(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.  62.15535, met 
the criteria for qualification under Sec.  62.15550, and maintained or 
renewed their qualification under Sec.  62.15555 or Sec.  62.15560. 
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.  62.15565(a).


Sec.  62.15725  Where and in what format must I keep my records?

    (a) You must keep each record on site for at least two years. You 
may keep the records off site for the remaining three 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.  62.15730  What reports must I submit?

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


Sec.  62.15740  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec.  62.15620, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  62.15585 or Sec.  62.15595.
    (c) The waste management plan, as specified in Sec. Sec.  62.15520 
through 62.15530.


Sec.  62.15745  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  62.15740. You must submit 
subsequent reports no more than 12 months following the previous 
report.


Sec.  62.15750  What information must I include in my annual report?

    The annual report required under Sec.  62.15745 must include the 
ten items listed in paragraphs (a) through (j) of this section. If you 
have a deviation from the operating limits or the emission limitations, 
you must also submit deviation reports as specified in Sec. Sec.  
62.15755 through 62.15765.
    (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 part 70.5(d) or 40 CFR part 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.  62.15585 or Sec.  62.15595.
    (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.  62.15715(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting 
period, the results of that test.
    (i) If you met the requirements of Sec.  62.15650(a) or (b), and 
did not conduct a performance test during the reporting period, you 
must state that you met the requirements of Sec.  62.15650(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 two weeks.


Sec.  62.15755  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 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.  62.15760  What must I include in the deviation report?

    In each report required under Sec.  62.15755, 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.

[[Page 75839]]

    (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.  62.15765  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for two weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) 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 the 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 the EPA to continue operation of the 
OSWI unit.
    (b) If your unit was shut down by the EPA, under the provisions of 
Sec.  62.15570(c)(2), due to a failure to provide an accessible 
qualified operator, you must notify the EPA that you are resuming 
operation once a qualified operator is accessible.


Sec.  62.15770  Are there any other notifications or reports that I 
must submit?

    Yes. You must submit notifications as provided by Sec.  60.7.


Sec.  62.15775  In what form can I submit my reports?

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


Sec.  62.15780  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.

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


Sec.  62.15785  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, 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.  62.15785 through 62.15820 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.  62.15790  When must I comply if my air curtain incinerator burns 
only wood waste, clean lumber, and yard waste?

    You must achieve compliance by [A DATE WILL BE INSERTED WHICH WILL 
BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE 
Federal Register]. You must submit a notification to the Administrator 
postmarked within 10 business days after [A DATE WILL BE INSERTED WHICH 
WILL BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE 
Federal Register.


Sec.  62.15795  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 and re-start it, but will reopen 
it prior to the final compliance date in your State plan, you must 
achieve compliance by [A DATE WILL BE INSERTED WHICH WILL BE THREE 
YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal 
Register].
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must meet the emission limitations in Sec.  
62.15805 on the date your incinerator restarts operation.


Sec.  62.15800  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 [A DATE WILL BE INSERTED WHICH WILL 
BE THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE 
Federal Register].


Sec.  62.15805  What are the emission limitations for air curtain 
incinerators that burn only wood waste, clean lumber, and yard waste?

    (a) Within 180 days after [A DATE WILL BE INSERTED WHICH WILL BE 
THREE YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal 
Register], 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.  62.15810  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 40 CFR part 60 to determine 
compliance with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
within 180 days after [A DATE WILL BE INSERTED WHICH WILL BE THREE 
YEARS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal 
Register.
    (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.  62.15815  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 five years. You must keep each record on site for at least two 
years. You may keep the records off site for the remaining three 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

[[Page 75840]]

on or before the applicable submittal date.
    (e) Keep a copy of the initial and annual reports for a period of 
five years. You must keep each report on site for at least two years. 
You may keep the reports off site for the remaining three years.


Sec.  62.15820  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.  62.15825 and 62.15830.

Title V Operating Permits


Sec.  62.15825  Am I required to apply for and obtain a title V 
operating permit for my existing unit?

    Yes. If you are subject to the requirements of 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.  
62.15485.


Sec.  62.15830  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 parts 70.5(a)(1)(i) 
and 40 CFR part 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) [A DATE WILL BE INSERTED WHICH WILL BE ONE YEAR AFTER DATE THE 
FINAL RULE IS PUBLISHED IN THE Federal Register].
    (iii) December 16, 2008.
    (2) 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 Clean Air Act section 111(d)/129 
State or Tribal plan is approved by the 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 
part 70.3(a) and (b), 40 CFR parts 70.5(a)(1)(i), 40 CFR parts 71.3(a) 
and (b), and 40 CFR parts 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 parts 70.5(a)(2) 
or 40 CFR part 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 parts 70.7(b) and 40 CFR 
part 71.7(b).)

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


Sec.  62.15835  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 EPA 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 75841]]

Delegation of Authority


Sec.  62.15840  What authorities are withheld by the EPA?

    The following authorities are withheld by the EPA and not 
transferred to the State or Tribe:
    (a) Approval of alternatives to the emission limitations in Table 1 
of this subpart and operating limits established under Sec.  62.15585 
and Table 2 of this subpart.
    (b) Approval of petitions submitted pursuant to the requirements of 
Sec.  62.15595 establishing operating parameters when using controls 
other than a dry scrubber followed by a fabric filter, a wet scrubber, 
or a dry scrubber followed by a fabric filter and a wet scrubber.
    (c) Approval of major alternatives to test methods established 
under Sec.  62.15610 and Table 1 of this subpart.
    (d) Approval of major alternatives to monitoring requirements 
established under Sec. Sec.  62.15665 through 62.15710 and Table 2 of 
this subpart.
    (e) Approval of major alternatives to recordkeeping and reporting 
requirements of this subpart.
    (f) Approval of requests submitted pursuant to the requirements in 
Sec.  62.15570(c)(2){time} .

Equations


Sec.  62.15845  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] TP18DE06.030

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] TP18DE06.031

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.  62.15850  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and 40 CFR part 60, subpart A (General Provisions).
    Administrator means 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 only, air 
curtain incinerators include both firebox and trench burner units.
    Auxiliary fuel means natural gas, liquefied 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

[[Page 75842]]

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.
    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.  62.15460, or an owner or operator of such 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.  62.15460 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.  62.15500(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: (A) the term does not include industrial process wastes 
or medical wastes that are segregated from such other wastes; and (B) 
an incineration unit shall not be considered to be combusting municipal 
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 waste, as determined by Sec.  62.15485(c).
    Municipal waste combustion unit means, for the purpose of this 
subpart, 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

[[Page 75843]]

(except those air curtain incinerators listed in Sec.  62.15500(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.  62.15485 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 40 CFR part 
60.
    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.  62.15845.
    Waste heat recovery means the process of recovering heat from the 
combustion flue gases 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 KKK of Part 62

                            Table 1 of Subpart KKK of Part 62.--Emission Limitations
                       [As stated in Sec.   62.15575, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission limitation 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 40 CFR part 60.
                                                                 per run).

[[Page 75844]]

 
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 40
                                                                 per run during           CFR part 60 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 time      of 40 CFR part 60.
                                                                 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 40 CFR part 60.
                                                                 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 40 CFR part 60.
                                                                 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 40 CFR part 60.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of 40 CFR part 60.
                                                                 hour test runs; i.e.,
                                                                 thirty 6-minute
                                                                 averages).
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).                part 60. ASME PTC
                                                                                          19.10-1981--Part 10 is
                                                                                          an acceptable
                                                                                          alternative to Method
                                                                                          7 and 7C only (IBR,
                                                                                          see Sec.   60.17(h)).
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 40 CFR
                                                                 per run).                part 60.
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 40 CFR
                                                                 per run).                part 60, 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.


             Table 2 of Subpart KKK of Part 62.--Operating Limits for Incinerators and Wet Scrubbers
                       [As stated in Sec.   62.15585, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                                  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.


       Table 3 of Subpart KKK of Part 62.--Requirements for Continuous Emission Monitoring Systems (CEMS)
                       [As stated in Sec.   62.15675, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                                                                                            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 40 CFR   methods in appendix A
                                                                 part 60 for your CEMS     of 40 CFR part 60 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.
----------------------------------------------------------------------------------------------------------------


[[Page 75845]]


                      Table 4 of Subpart KKK of Part 62.--Summary of Reporting Requirements
                       [As stated in Sec.   62.15730, you must comply with the following]
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
1. Initial test report...............  a. No later than 60      i. Complete test report  Sec.   62.15740.
                                        days following the       for the initial
                                        initial performance      performance test; and
                                        test.
                                                                ii. The values for the   Sec.   62.15740.
                                                                 site-specific
                                                                 operating limits.
2. Waste management plan.............  a. No later than 60      i. Reduction or          Sec.  Sec.   62.15520
                                        days following the       separation of            through 62.15530.
                                        initial performance      recyclable materials;
                                        test.                    and
                                                                ii. Identification of    Sec.  Sec.   62.15520
                                                                 additional waste         through 62.15530.
                                                                 management measures
                                                                 and how they will be
                                                                 implemented.
3. Annual report.....................  a. No later than 12      i. Company Name and      Sec.  Sec.   62.15745
                                        months following the     address;                 through 62.15750.
                                        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.   62.15745
                                                                 signature by the owner   through 62.15750.
                                                                 or operator;
                                                                iii. Date of report;...  Sec.  Sec.   62.15745
                                                                                          through 62.15750.
                                                                iv. Values for the       Sec.  Sec.   62.15745
                                                                 operating limits;        through 62.15750.
                                                                v. If no deviations or   Sec.  Sec.   62.15745
                                                                 malfunctions were        through 62.15750.
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period;
                                                                vi. Highest and lowest   Sec.  Sec.   62.15745
                                                                 recorded 12-hour         through 62.15750.
                                                                 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.   62.15745
                                                                 deviations or            through 62.15750.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 62.15715(b)(6) and (c)
                                                                 through (e);
                                                                viii. If a performance   Sec.  Sec.   62.15745
                                                                 test was conducted       through 62.15750.
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test;
                                                                ix. If a performance     Sec.  Sec.   62.15745
                                                                 test was not conducted   through 62.15750.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   60.2934(a)
                                                                 or (b) were met; and
                                                                x. Documentation of      Sec.  Sec.   62.15745
                                                                 periods when all         through 62.15750.
                                                                 qualified OSWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 12 hours but less
                                                                 than 2 weeks.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E6-21285 Filed 12-15-06; 8:45 am]
BILLING CODE 6560-50-P