[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40956-41034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13687]



[[Page 40955]]

Vol. 81

Thursday,

No. 121

June 23, 2016

Part II





Environmental Protection Agency





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40 CFR Part 60





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

  Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules 
and Regulations  

[[Page 40956]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0119; FRL-9945-72-OAR]
RIN 2060-AS11


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of final action on reconsideration.

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SUMMARY: This action sets forth the Environmental Protection Agency's 
(EPA) final decision on the issues for which it granted reconsideration 
on January 21, 2015, which pertain to certain aspects of the February 
7, 2013, final rule titled ``Standards of Performance for New 
Stationary Sources and Emissions Guidelines for Existing Sources: 
Commercial and Industrial Solid Waste Incineration Units'' (CISWI 
rule). The EPA is finalizing proposed actions on these four topics: 
Definition of ``continuous emission monitoring system (CEMS) data 
during startup and shutdown periods;'' particulate matter (PM) limit 
for the waste-burning kiln subcategory; fuel variability factor (FVF) 
for coal-burning energy recovery units (ERUs); and the definition of 
``kiln.'' This action also includes our final decision to deny the 
requests for reconsideration of all other issues raised in the 
petitions for reconsideration of the 2013 final commercial and 
industrial solid waste incineration rule for which we did not grant 
reconsideration.

DATES: The amendments in this rule to 40 CFR part 60, subpart DDDD, are 
effective June 23, 2016, and to 40 CFR part 60, subpart CCCC, are 
effective December 23, 2016. The incorporation by reference of certain 
publications listed in this rule was approved February 7, 2013.

ADDRESSES: The EPA has established a docket for this action on the 
commercial and industrial solid waste incineration rule under Docket ID 
No. EPA-HQ-OAR-2003-0119. 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, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West 
Building, Room 3334, 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 Docket 
Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information, contact Dr. 
Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies 
and Programs Division (E143-05), Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-5572; fax number: (919) 541-3470; email 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 reconsideration action apply to me?
    B. How do I obtain a copy of this document and other related 
information?
    C. Judicial Review
II. Summary of Final Amendments
    A. Background Information
    B. Actions We Are Taking
    C. Other Actions We Are Taking
III. Summary of Significant Changes Since Proposal
IV. Summary of Significant Comments and Responses
    A. Definition of ``CEMS Data During Startup and Shutdown 
Periods''
    B. PM Limit for the Waste-Burning Kiln Subcategory
    C. FVF for Coal-Burning Energy Recovery Units
    D. Definition of ``Kiln''
V. Technical Corrections and Clarifications
    A. 2000 CISWI New Source Applicability Clarification for 
Incinerators and Air Curtain Incinerators
    B. Typographical Errors and Corrections
    C. Clarifications
VI. Environmental, Energy and Economic Impacts
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

    Preamble Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

Btu British thermal unit
CAA Clean Air Act
CBI Confidential business information
Cd Cadmium
CEMS Continuous emissions monitoring systems
CFR Code of Federal Regulations
CISWI Commercial and Industrial Solid Waste Incineration
CO Carbon monoxide
CO2 Carbon dioxide
CPMS Continuous Parameter Monitoring System
dscm Dry standard cubic meter
EG Emission Guidelines
EJ Environmental Justice
EPA U.S. Environmental Protection Agency
ERU Energy recovery unit
ESP Electrostatic precipitator
FVF Fuel variability factor
HCl Hydrogen chloride
Hg Mercury
ICR Information collection request
MACT Maximum achievable control technology
mg/dscm Milligrams per dry standard cubic meter
mmBtu/hr Million British thermal units per hour
NAICS North American Industrial Classification System
NESHAP National emission standards for hazardous air pollutants
ng/dscm Nanograms per dry standard cubic meter
NHSM Non-hazardous secondary material(s)
NOX Nitrogen oxides
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PM Particulate matter (filterable, unless otherwise specified)
ppm Parts per million
ppmv Parts per million by volume
ppmvd Parts per million by dry volume
PS Performance Specification
RCRA Resource Conservation and Recovery Act
RIN Regulatory Information Number
SBA Small Business Administration
SO2 Sulfur dioxide

[[Page 40957]]

SSM Startup, shutdown, and malfunction
The Court United States Court of Appeals for the District of 
Columbia Circuit
TTN Technology Transfer Network
ug/dscm Micrograms per dry standard cubic meter
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary consensus standards
WWW World Wide Web

I. General Information

A. Does this reconsideration action apply to me?

    Categories and entities potentially affected by the proposed action 
are those that operate Commercial and Industrial Solid Waste 
Incineration (CISWI) units. The New Source Performance Standards (NSPS) 
and Emission Guidelines (EG), hereinafter referred to as ``standards,'' 
for CISWI affect the following categories of sources:

------------------------------------------------------------------------
                                                 Examples of potentially
            Category             NAICS \1\ code     regulated entities
------------------------------------------------------------------------
Any industrial or commercial      211, 212, 486  Mining; oil and gas
 facility using a solid waste                     exploration
 incinerator.                                     operations; pipeline
                                                  operators.
                                            221  Utility providers.
                                  321, 322, 337  Manufacturers of wood
                                                  products;
                                                  manufacturers of pulp,
                                                  paper and paperboard;
                                                  manufacturers of
                                                  furniture and related
                                                  products.
                                       325, 326  Manufacturers of
                                                  chemicals and allied
                                                  products;
                                                  manufacturers of
                                                  plastics and rubber
                                                  products.
                                            327  Manufacturers of
                                                  cement; nonmetallic
                                                  mineral product
                                                  manufacturing.
                                       333, 336  Manufacturers of
                                                  machinery;
                                                  manufacturers of
                                                  transportation
                                                  equipment.
                                        423, 44  Merchant wholesalers,
                                                  durable goods; retail
                                                  trade.
------------------------------------------------------------------------
\1\ North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
final action. To determine whether your facility would be affected by 
this final action, you should examine the applicability criteria in 40 
CFR 60.2010 of subpart CCCC, 40 CFR 60.2505 of subpart DDDD and 40 CFR 
part 241. If you have any questions regarding the applicability of this 
final action to a particular entity, contact the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. How do I obtain a copy of this document and other related 
information?

    The docket number for this final action regarding the CISWI NSPS 
(40 CFR part 60, subpart CCCC) and EG (40 CFR part 60, subpart DDDD) is 
Docket ID No. EPA-HQ-OAR-2003-0119. In addition to being available in 
the docket, an electronic copy of this final action is available on the 
World Wide Web (WWW) through the Technology Transfer Network (TTN) Web. 
Following signature, the EPA posted a copy of the proposed action at 
http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. The TTN provides 
information and technology exchange in various areas of air pollution 
control.

C. Judicial Review

    Under the CAA section 307(b)(1), judicial review of this final rule 
is available only by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit (D.C. Circuit) by 
August 22, 2016. Under CAA section 307(d)(7)(B), only an objection to 
this final rule that was raised with reasonable specificity during the 
period for public comment can be raised during judicial review. Any 
person seeking to make such a demonstration to us should submit a 
Petition for Reconsideration to the Office of the Administrator, 
Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 
Pennsylvania Ave. NW., Washington, DC 20004, with a copy to the persons 
listed in the preceding FOR FURTHER INFORMATION CONTACT section, and 
the Associate General Counsel for the Air and Radiation Law Office, 
Office of General Counsel (Mail Code 2344A), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Note, under 
CAA section 307(b)(2), the requirements established by this final rule 
may not be challenged separately in any civil or criminal proceedings 
brought by the EPA to enforce these requirements.

II. Summary of Final Amendments

A. Background Information

    On March 21, 2011, the EPA promulgated revised NSPS and EG for 
CISWI units. Following that action, the Administrator received 
petitions for reconsideration that identified certain issues that 
warranted further opportunity for public comment. In response to the 
petitions, the EPA reconsidered and requested comment on several 
provisions of the February 2011 final NSPS and EG for commercial and 
industrial solid waste incineration units. The EPA published the 
proposed revisions to the NSPS and EG for commercial and industrial 
solid waste units on December 23, 2011 (76 FR 80452).
    On February 7, 2013, the EPA promulgated the final reconsidered 
NSPS and EG for CISWI units (78 FR 9112). The final rule made some 
revisions to the December 2011 proposed reconsideration rule in 
response to comments and additional information received. Following 
that action, the EPA again received petitions for reconsideration. 
These petitions stated certain provisions should be reconsidered and 
that the public lacked sufficient opportunity to comment on some of the 
provisions contained in the final 2013 CISWI rule. On January 21, 2015, 
the EPA reconsidered and requested comment on four provisions of the 
2013 final NSPS and EG for CISWI units. Additionally, the EPA proposed 
clarifying changes and corrections to the final rule, some of which 
were raised in petitions for reconsideration of the 2013 CISWI rule. 
The EPA also proposed to amend the final rule by removing the 
affirmative defense provision. The EPA continued to evaluate the 
remaining issues raised in the petitions for reconsideration of the 
February 7, 2013 final CISWI reconsideration based on public comments 
received on the January 21, 2015, proposed reconsideration. For a more 
detailed background and additional information on how this rule is 
related to other CAA combustion rules issued under CAA section 112 and

[[Page 40958]]

the Resource Conservation and Recovery Act (RCRA) definition of solid 
waste, refer to prior notices (76 FR 15704, 78 FR 9112).

B. Actions We Are Taking

    In this document, we are finalizing amendments associated with 
certain issues raised by Petitioners in their petitions for 
reconsideration on the 2013 CISWI rule. These provisions are: (1) 
Definition of ``CEMS data during startup and shutdown periods;'' (2) 
particulate matter (PM) limit for the waste-burning kiln subcategory; 
(3) fuel variability factor (FVF) for coal-burning energy recovery 
units (ERUs); and (4) the definition of ``kiln.'' The final amendments 
are summarized as follows:
    1. Definition of ``CEMS data during startup and shutdown periods'': 
The EPA is revising the ``CEMS data during startup and shutdown'' 
definition to be subcategory-specific. For ERUs and waste-burning 
kilns, the definitions reflect provisions similar to those of the non-
waste counterpart National Emission Standards for Hazardous Air 
Pollutants (NESHAP) to CISWI for the type of source (i.e., boilers and 
cement kilns). Therefore, ERUs will comply with provisions similar to 
those in the major source Boiler NESHAP, and waste-burning kilns will 
comply with provisions similar to those in the Portland Cement NESHAP. 
For incinerators and small remote incinerators, the proposed definition 
(i.e., from a cold start and up to 48 hours for startup and 24 hours or 
less for shutdown) will apply.
    2. Particulate matter limit for the waste-burning kiln subcategory: 
The EPA has determined that the test averages, instead of the 
individual test runs, should be used to establish the standards for new 
and existing waste-burning kilns. Based on that approach, the final PM 
emission limits for existing kilns is 13.5 mg/dscm and the final PM 
emission limit for new kilns is 4.9 mg/dscm.
    3. Fuel variability factor (FVF) for coal-burning energy recovery 
units: The EPA is incorporating a fuel variability factor and adopting 
as final the emission limits discussed in the proposed rule for cadmium 
(Cd), hydrogen chloride (HCl), mercury (Hg), lead (Pb), filterable 
particulate matter (PM), and nitrogen oxides (NOX). 
Additionally, the EPA has re-evaluated the fuel sulfur data with paired 
sulfur dioxide (SO2) data and is incorporating a FVF into 
the floor calculations for SO2. The final SO2 
limit for existing and new coal ERUs is 850 parts per million by dry 
volume (ppmvd).
    4. Definition of ``kiln'': The EPA is finalizing a definition of 
``kiln'' that is consistent with that of the Portland Cement NESHAP. 
The terms ``in-line raw mill'' and ``in-line coal mill'' are included 
in the definition, and, therefore, have been added to the definitions 
within the CISWI rule. Furthermore, the EPA is finalizing the proposed 
compliance demonstration and ongoing monitoring method for waste-
burning kilns that combine emission streams from the in-line raw mill 
and/or the in-line coal mill and exhaust through multiple stacks. The 
EPA is also finalizing clarifying language that makes the monitoring 
requirements for waste-burning kilns consistent with those in the 
Portland Cement NESHAP. Specifically, we are not requiring that CEMS or 
PM continuous parameter monitoring systems (CPMS) be installed on 
separate alkali bypass or in-line coal mill stacks. Instead, as is the 
case with the Portland Cement NESHAP, the results of the initial and 
subsequent performance tests for the alkali bypass and in-line coal 
mill stacks can be used to determine the combined emissions to 
demonstrate compliance with the relevant emissions limit. However, 
unlike the Portland Cement NESHAP, the performance test must be 
conducted on an annual basis (between 11 and 13 calendar months 
following the previous performance test) to keep the testing schedule 
for these stacks consistent with the CISWI rule's annual performance 
testing requirements.
    Section IV of this preamble discusses these issues in further 
detail and presents the revisions necessary to address each issue.
    Additionally, the EPA is clarifying certain applicability 
provisions relating to incinerator units and air curtain incinerator 
units subject to the 2000 CISWI NSPS and is correcting various 
typographical errors identified in the rule as published in the CFR. 
Section V of this preamble discusses these issues in further detail.
    The EPA is also finalizing the proposed amendments to the final 
rule by removing the affirmative defense provision for the reasons set 
forth in the proposed rule. See 80 FR 3018, 3025 (January 21, 2015).

C. Other Actions We Are Taking

    Section 307(d)(7)(B) of the CAA states that ``[o]nly an objection 
to a rule or procedure which was raised with reasonable specificity 
during the period for public comment (including any public hearing) may 
be raised during judicial review. If the person raising an objection 
can demonstrate to the Administrator that it was impracticable to raise 
such objection within such time or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule, the Administrator shall convene a 
proceeding for reconsideration of the rule and provide the same 
procedural rights as would have been afforded had the information been 
available at the time the rule was proposed. If the Administrator 
refuses to convene such a proceeding, such person may seek review of 
such refusal in the United States court of appeals for the appropriate 
circuit (as provided in subsection (b)).''
    As to the first procedural criterion for reconsideration, a 
petitioner must show why the issue could not have been presented during 
the comment period, either because it was impracticable to raise the 
issue during that time or because the grounds for the issue arose after 
the period for public comment (but within 60 days of publication of the 
final action). The EPA is denying the petitions for reconsideration on 
a number of issues because this criterion has not been met. In many 
cases, the petitions reiterate comments made on the proposed December 
2011 rule during the public comment period for that rule. On those 
issues, the EPA responded to those comments in the final rule and made 
appropriate revisions to the proposed rule after consideration of 
public comments received. It is well established that an agency may 
refine its proposed approach without providing an additional 
opportunity for public comment. See Community Nutrition Institute v. 
Block, 749 F.2d at 58 and International Fabricare Institute v. EPA, 972 
F.2d 384, 399 (D.C. Cir. 1992) (notice and comment is not intended to 
result in ``interminable back-and-forth[,]'' nor is an agency required 
to provide additional opportunity to comment on its response to 
comments) and Small Refiner Lead Phase-Down Task Force v. EPA, 705 F.2d 
506, 547 (D.C. Cir. 1983) (``notice requirement should not force an 
agency endlessly to repropose a rule because of minor changes'').
    In the EPA's view, an objection is of central relevance to the 
outcome of the rule only if it provides substantial support for the 
argument that the promulgated regulation should be revised. See Union 
Oil v. EPA, 821 F.2d 768, 683 (D.C. Cir. 1987) (court declined to 
remand rule because petitioners failed to show substantial likelihood 
that final rule would have been changed

[[Page 40959]]

based on information in petition). See also the EPA's Denial of the 
Petitions to Reconsider the Endangerment and Cause or Contribute 
Findings for Greenhouse Gases under Section 202 of the Clean Air Act, 
75 FR at 49556, 49561 (August 13, 2010). See also 75 FR at 49556, 
49560-49563 (August 13, 2010) and 76 FR at 4780, 4786-4788 (January 26, 
2011) for additional discussion of the standard for reconsideration 
under CAA section 307(d)(7)(B).
    This action includes our final decision to deny the requests for 
reconsideration with respect to all issues raised in the petitions for 
reconsideration of the final 2013 CISWI rule for which we did not grant 
reconsideration. These denied requests for reconsideration are 
discussed in detail in the ``Reconsideration issues on the 2013 final 
rule'' memorandum found in the docket to this rulemaking.

III. Summary of Significant Changes Since Proposal

    The EPA did not propose revisions to the definition of ``CEMS data 
during startup and shutdown,'' but requested comment and suggestions 
for provisions in this definition that would address the transitional 
operation period at startup. Based on our review of comments received 
and suggestions on provisions, we are finalizing revised subcategory-
specific definitions for ``CEMS data during startup and shutdown'' that 
are operationally representative for the subcategory of unit, and more 
closely resemble the non-waste burning regulatory definitions of these 
periods of operation. This issue, and the rationale for doing so, are 
discussed in greater detail in section IV.A. of this preamble.
    Similarly, the EPA did not propose PM emission limits for waste-
burning kilns based on test average data instead of test run data, but 
requested comment on the appropriateness of such an approach for this 
set of data. Upon consideration of comments, the EPA has determined to 
adopt the emission limits based on test average data for PM for the 
waste-burning kiln subcategory, and we have discussed our rationale for 
this in section IV.B. of this preamble.
    The EPA did not propose but requested comment and additional data 
concerning the need for a FVF for coal-fired ERUs. Potential emission 
limits based on periods of non-waste combustion and, if applicable, a 
FVF for coal ERUs were discussed in the proposal for coal-burning ERUs 
for Cd, HCl, Hg, Pb, PM, and NOX. Based on comments and 
additional analysis, the EPA is adopting these emission limits and also 
incorporating a FVF into the floor calculations for the SO2 
emission limit. The EPA did not discuss a FVF for SO2 at 
proposal because the sulfur data the EPA had intended to use to develop 
the FVF appeared to have only one data point that could be paired with 
SO2 emissions test data. It was brought to the EPA's 
attention during the comment period, however, that there were in fact 
two data points in the sulfur data set that could be paired with 
emissions test data. It was not initially clear that the coal samples 
dated 4-9 days prior to the emissions test were paired samples. 
However, during the comment period, a commenter informed the EPA these 
data were paired and the different dates were due to the lag time 
between sampling and actual combustion. This clarification enabled the 
EPA to determine that sufficient paired data exist for the calculation 
of a FVF for SO2, which resulted in a revised SO2 
emission limit of 850 ppmvd for new and existing coal ERUs. Consistent 
with the January 21, 2015 proposal, the EPA is adopting this revised 
emission limit to account for the fuel variability for this subcategory 
of CISWI units. Section IV.C of this preamble discusses this issue in 
further detail and responds to comments on the issue.
    Additionally, the HCl CEMS requirements for waste-burning kilns not 
equipped with acid gas wet or dry scrubbers have been revised in 
response to comments and to be more consistent with more recently 
promulgated monitoring provisions included in the Portland Cement 
NESHAP rule. These revised provisions allow sources to use CEMS 
installed and operated according to either Performance Specification 15 
or Performance Specification 18 to continuously monitor HCl emissions. 
The revised provisions also provide additional clarification and detail 
to sources on the procedures to use for calibrating and verifying the 
performance of the HCl CEMS.

IV. Summary of Significant Comments and Responses

    This section of the preamble summarizes the major comments received 
regarding the reconsidered issues and the EPA's responses in support of 
this final rule. For other comments not discussed here, refer to the 
``Summary of Public Comments and Responses for Commercial and 
Industrial Solid Waste Incineration Units: 2015 Reconsideration and 
Final Amendments'' in the docket.

A. Definition of ``CEMS Data During Startup and Shutdown Periods''

    Background: In the January 21, 2015, proposal, the EPA requested 
comments on the definition of ``CEMS data during startup and shutdown'' 
that was in the February 2013 final rule. As background, the 2011 CISWI 
final rule contained CEMS monitoring requirements for carbon monoxide 
(CO) from new sources, including a provision that mandated a 7 percent 
oxygen correction. After the 2011 CISWI final rule was published, 
petitioners indicated that correcting CO concentration measurements to 
7 percent oxygen is problematic during startup and shutdown periods 
when the flue gas oxygen content approaches the oxygen content of 
ambient air, especially with regard to the ERU subcategory. Oxygen 
contents are often maintained relatively close to ambient air during 
combustion unit startup and shutdown in order to safely operate the 
unit, but, as a result, the corrected CO values during these periods 
are artificially inflated due to the oxygen correction calculation. 
Petitioners presented data that demonstrated how these inflated data 
points drive the 30-day rolling average values beyond the emission 
limit.
    To resolve this issue, the EPA determined that the 7 percent oxygen 
correction would not be required for CEMS data collected during periods 
of startup and shutdown, referred to and defined as ``CEMS data during 
startup and shutdown.''
    Based on data submitted for coal-burning ERUs, a new definition of 
``CEMS data during startup and shutdown'' was proposed in the December 
2011 reconsideration proposal that referred to the data collected 
during the first 4 hours of operation of an energy recovery unit 
starting up from a cold start and the hour of operation following the 
cessation of waste material being fed to the unit during shutdown.
    The EPA received comments on the proposed definition expressing 
concern that the time limits included in the definition may not 
accurately represent all CISWI unit types. Further, commenters argued 
that the same logic should apply for all CEMS-measured emission limits, 
not just CO. They explained that, even though CEMS is a compliance 
alternative rather than a requirement for most CISWI standards, other 
air regulations and permit requirements may require the units to 
continue to monitor emissions using CEMS data. Therefore, in the 
February 2013 CISWI final rule, the definition was revised to include 
all pollutants measured with a CEMS, expanded to include a separate 
definition for waste-burning kilns, and revised to remove the 4-hour 
and 1-hour time limits in the

[[Page 40960]]

definition. Within that definition, the EPA defined the end of the 
startup period and the beginning of the shutdown period as the 
introduction and cessation of waste fed to the unit, respectively. 
Information available for the best performing units described their 
typical operation and supported defining the startup and shutdown 
periods based on the introduction and cessation of waste being fed to 
the units. Furthermore, for the incinerator, small remote incinerator, 
and the ERU subcategories, the February 2013 action specified an upper 
limit of 48 hours for startup periods and 24 hours for shutdown periods 
of CEMS data, consistent with information provided by commenters.
    After the February 2013 CISWI final rule was promulgated, the EPA 
received petitions stating that stakeholders did not have the 
opportunity to comment on the final definition, especially the clause 
that defines the beginning and ending of these periods as the 
introduction and cessation, respectively, of waste material being fed 
to the combustor. Petitioners argued that, with the inclusion of the 
provision ending startup when waste is added to the unit, the end of 
startup will occur too early because units that combust waste often 
introduce waste before steady state operations to transition from 
startup fuel to waste and other primary fuel combustion. For this 
reason, the petitioners argued that the EPA should extend the startup 
period duration to include the period of time when sources are 
transitioning to waste combustion from the startup fuel.
    On January 21, 2015, the EPA requested comment on whether the 
definition should be revised to extend the startup period to include 
this transitional period of combustor operation. In addition, the EPA 
requested that commenters suggest provisions that would ensure adequate 
application of the CEMS data during startup and shutdown definition, 
such as maximum allowable time limits after introduction of waste, if 
the agency were to allow solid waste combustion during startup.
    Comment: Several commenters supported, to a degree, the EPA's 
change in the 2013 final rule from the proposed 4-hour and 1-hour time 
limits on the definitions of CEMS data during startup and shutdown to 
the more subcategory-specific definitions found in the 2013 final rule, 
but suggested additional revisions to make the definition more 
accurately reflect these periods for certain types of units. Commenters 
noted technical reasons during startup that cause corrected emissions 
concentrations to possibly show emissions in excess of those occurring 
during normal, steady-state operation due to the 7 percent oxygen 
correction. These reasons included: (1) Stack oxygen levels approach 
ambient levels, inflating oxygen correction factors even though mass 
emission rates are low; (2) the combustor has not attained optimal 
temperature, turbulence, and residence time conditions, which are key 
factors for control of combustion-related emissions; and (3) air 
pollution control equipment has not achieved necessary minimum 
temperature and/or other operating conditions necessary for effective 
steady-state performance on which the standards are based. The 
commenters also asserted that, while elevated emissions do occur during 
startups, the magnitude and period of elevated emissions will be 
actively minimized as required by the ``general duty'' provisions to 
minimize emissions at all times including startups and shutdowns. 
Additionally, the commenters argued that, for ERUs, at least, unit 
operators are economically motivated to minimize the duration of any 
startups, because the shorter the startup, the quicker a unit can be 
brought online to sell steam and/or connect to the grid and sell power. 
Also with respect to ERUs, commenters stated that units firing solid 
material on grates or in fluidized beds require more time for the 
material to fully ignite and achieve the optimal combustion conditions 
than gaseous or liquid-fired units do. The commenters stated that 
elevated corrected emission concentrations following initial solid 
material firing is an inherent characteristic of ERU subcategories such 
as stoker and fluidized bed biomass ERUs. In conclusion, the commenters 
recommended that, given the virtually identical technologies used for 
both boilers and CISWI ERUs, the EPA should incorporate language in the 
CEMS data definition similar to that which it proposed in the major 
source and area source Boiler NESHAP rules. One commenter provided 
mark-up language reflecting major source boiler language in the ``CEMS 
data for startup and shutdown'' definition that would apply 
specifically to CISWI ERUs, and a separate definition that could apply 
to incinerators and small remote incinerators. For ERUs, the commenter 
suggested the following definition, which eliminates the ``cold start'' 
and ``until waste is fed to the unit'' language, and adds the concept 
of tying the CEMS data during startup period to the time that useful 
thermal energy is generated.
    The commenter suggested that CEMS data during startup and shutdown 
should be defined as follows:
    For energy recovery units: CEMS data collected during the first 
hours of operation of a CISWI unit startup including the hours of 
operation firing non-waste fuel and the hours following introduction of 
waste to the unit until 4 hours after when the ERU makes useful thermal 
energy (such as steam or heat) for heating, cooling, and process 
purposes, or generates electricity, whichever is earlier, and the hours 
of operation following the cessation of waste material being fed to the 
CISWI unit during a unit shutdown. For each startup event, the length 
of time that CEMS data may be claimed as being CEMS data during startup 
must be 48 operating hours or less. For each shutdown event, the length 
of time that CEMS data may be claimed as being CEMS data during 
shutdown must be 24 operating hours or less.
    As an alternative to the above definition, the commenter suggested 
the definition could include the period of time up to 6 hours following 
introduction of waste to the unit instead of tying the definition to 
``useful thermal energy.'' The commenter noted that this might allow 
the definition to be applicable to incinerators and small remote 
incinerators.
    Another commenter suggested that the first 48 hours of startup and 
the last 24 hours of shutdown for incinerators, small remote 
incinerators, and energy recovery units is adequate in most cases. This 
commenter stated that any time the feed to a combustion chamber is 
modified (e.g., new material added, same material with higher or lower 
feed rates), the combustion process is disturbed. The commenter further 
stated that the length of time it takes for the combustion process to 
re-stabilize depends upon a number of factors (size of the combustion 
unit, amount of waste introduced, the Btu content of the waste 
introduced, the combustibility of that waste, the operating conditions, 
etc.). Therefore, the commenter recommended that the CEMS data during 
startup and shutdown are best decided on a site-specific basis and 
urged the EPA to allow this as an option.
    With respect to waste-burning kilns, one commenter argued that it 
is highly beneficial to have the definitions of startup and shutdown 
for kilns in the CISWI rule match the definitions in the Portland 
Cement NESHAP. Therefore, the commenter supported having a separate 
definition of CEMS data during startup and shutdown that applied to 
waste-burning kilns, and that this

[[Page 40961]]

definition should also reflect provisions found in the Portland Cement 
NESHAP. The commenter provided the following language as a suggestion 
on what would be appropriate, and also suggested a corresponding 
footnote to clarify that the 7 percent oxygen adjustment need not be 
applied during periods of startup and shutdown:
    ``CEMS data during startup and shutdown means the following: (2) 
For waste-burning kilns: CEMS data collected during the periods of kiln 
operation that do not include normal operations. Startup means the time 
from when a shutdown kiln first begins firing fuel until it begins 
producing clinker. Startup begins when a shutdown kiln turns on the 
induced draft fan and begins firing fuel in the main burner. Startup 
ends when feed is being continuously introduced into the kiln for at 
least 120 minutes or when the feed rate exceeds 60 percent of the kiln 
design limitation rate, whichever occurs first. Shutdown means the 
cessation of kiln operation. Shutdown begins when feed to the kiln is 
halted and ends when continuous kiln rotation ceases.''
    Response: Based on these comments and the EPA's goal to provide, 
where appropriate, consistent regulatory provisions, the EPA has 
determined to revise the definition of ``CEMS data during startup and 
shutdown'' to be subcategory-specific. For ERUs and waste-burning 
kilns, for example, the definition will reflect definitions similar to 
those of the non-waste counterpart NESHAP to CISWI for the type of 
source. Therefore, the final definition for ERUs will reflect 
provisions found in the major source Boiler NESHAP, and the final 
definition for waste-burning kilns will reflect provisions similar to 
those in the Portland Cement NESHAP. For incinerators and small remote 
incinerators, the proposed definition (i.e., from a cold start and up 
to 48 hours for startup and 24 hours or less for shutdown) will still 
apply. These subcategory-specific definitions provide a consistent 
basis for ERUs and kilns that may change applicability periodically so 
that owners and operators will have a consistent requirement for 
demonstrating compliance regardless of the mode (waste or non-waste) 
the unit is being operated in. Furthermore, for incinerators and small 
remote incinerators, industry commenters are confident that the full 
range of these sources will be able to maintain compliance with these 
time allowances that were proposed.
    We note that certain commenters indicate that reasons for changing 
the definitions include that the units may have greater emissions 
during startup and shutdown and also that pollution control equipment 
may not be fully operational during startup. The EPA is not revising 
the definitions to allow sources to violate the standard; instead the 
change is designed to better reflect the actual operating conditions 
during startup and shutdown. The oxygen correction is thus designed to 
allow sources to use actual stack oxygen levels during these periods 
instead of numbers corrected to 7 percent oxygen.\1\ If sources believe 
that, even with the stack oxygen correction, emissions will exceed the 
levels of the standard because of incomplete combustion or because air 
pollution controls are not fully operational, they must take steps 
(e.g., burn clean startup fuel for longer periods) to ensure 
compliance.
---------------------------------------------------------------------------

    \1\ Stack oxygen data must still be measured during these 
periods, but since a correction to stack oxygen essentially means 
multiplying the measured concentration by 1, the concentration value 
measured at stack oxygen is used to calculate average 
concentrations.
---------------------------------------------------------------------------

    Finally, the subcategory-specific definitions of ``CEMS data during 
startup and shutdown'' in this final rule more clearly specify the 
beginning and end of startup and shutdown periods for each subcategory 
of CISWI unit. However, we realize in doing so that the previous, 
separate definitions of ``startup period'' and ``shutdown'' that have 
been held over from the 2000 CISWI rule may now cause confusion for 
waste-burning kilns and ERUs especially. Because the 2000 CISWI rule 
applied to incinerator units (and not ERUs and waste-burning kilns), we 
recognize the need to clarify that the ``startup period'' and 
``shutdown'' definitions apply only to incinerators and small, remote 
incinerators. For this reason, the EPA is revising the definitions of 
``startup period'' and ``shutdown'' to clarify that they are intended 
to apply only to incinerators and small, remote incinerators.
    Comment: One commenter argued that allowing sources to comply with 
emissions standards based on uncorrected emissions measurements would 
be unlawful and arbitrary. The commenter explained that the EPA does 
not claim that all units will have oxygen levels close to the ambient 
air, that any units' oxygen levels will actually be at the level of the 
ambient air during these periods, or that any units' oxygen levels will 
be at that high level consistently. The commenter suggested that the 
EPA should instead consider several other approaches. First, the 
commenter suggested that the EPA could require sources to show 
compliance during these periods using another method, such as stack 
tests. The commenter stated that the EPA recognized that CEMS are a 
compliance alternative rather than a requirement for most CISWI 
standards. The commenter also argued that the EPA stated it is 
maintaining CEMS as a compliance alternative during these periods 
because ``other air regulations and permit requirements may require'' 
CEMS data. However, the commenter argued that the EPA did not state 
what these other requirements are, or why the same CEMS problems it has 
identified here do not apply to them. The commenter further argued that 
even if other regulatory requirements do require sources to maintain 
CEMS data, that does not compel the EPA to accept their data as 
demonstrative of compliance with the requirements of the performance 
standards and emissions guidelines for air pollution from CISWI. The 
commenter also suggested that, if the CEMS compliance alternative were 
retained, the EPA could require sources to correct their measurements 
to the level of oxygen actually present, as measured by an oxygen 
analyzer or another method. Finally, the commenter offered as an 
alternative that the EPA could develop mass-based limits instead of 
concentration-based limits, which do not require oxygen correction. The 
commenter concluded that, because the EPA has not even considered these 
alternatives, the proposal to allow sources to show compliance based on 
measurements it does not dispute will be inaccurate is arbitrary as 
well as unlawful.
    Response: As we noted in the proposed rule, the rules generally 
require stack emissions testing. These tests can span several hours. 
The CISWI rule emission limits were based on data obtained during 
normal operations, which is also what the rule requires for conducting 
performance testing (see 40 CFR 60.2125(a) and 40 CFR 60.2690(a)). As 
has been noted in other comments and in the costing analyses presented 
in support of the CISWI rulemaking, the emission testing program is not 
trivial in cost and effort. Therefore, adding a requirement for 
additional stack testing during startup and shutdown periods, which 
seems to be what this commenter suggests, would further add to the 
compliance cost of the rule for obtaining data for a small portion of 
the source's operations. The EPA does not believe this additional 
monitoring is required to assure compliance with the standards.
    As noted before and by some commenters, monitoring by CEMS is an 
alternative, and may be useful for sources that are required by permit 
or for Acid Rain program requirements (40

[[Page 40962]]

CFR part 75) to continually monitor emissions of certain pollutants, 
primarily NOX and SO2. The EPA realized that the 
interaction of newly applicable CISWI standards to ERUs and waste-
burning kilns may differ from existing requirements for these sources 
developed under the Acid Rain program, permit requirements enacted for 
state or local conditions, or even under various consent decrees. The 
EPA also recognizes that different programs measure and evaluate 
emissions for various purposes and in differing formats (e.g., lb/
MMBtu), and therefore disagrees with the commenter's assertions that if 
these other programs do not need these provisions, then neither should 
CISWI. In fact, the EPA maintains that the reasons other programs may 
not require separate definitions is because they already have separate 
startup and shutdown requirements in place for the program. For 
example, appendix F of 40 CFR part 75 allows sources to calculate a 
NOX emission rate using a ``diluent cap'' during periods of 
operation (startup and shutdown) where CO2 and O2 
are near ambient air levels.\2\ As many commenters have noted, these 
``CEMS data during startup and shutdown'' revisions being finalized are 
necessary to make attainable the CISWI requirement for the standards to 
``apply at all times'' for sources that are otherwise required to 
measure emissions using CEMS or that opt to measure emissions 
continually. Further, the EPA does acknowledge that there are 
instances, such as this one, where consistent regulatory provisions 
will make compliance demonstrations easier for affected sources and 
implementing agencies while still maintaining the integrity and goals 
of the regulation. That is the case here, where multiple programs may 
require or allow CEMS data for continuous compliance demonstrations.
---------------------------------------------------------------------------

    \2\ See the ``2013 revision of the Part 75 Emissions Policy 
Manual'' accessed August 18, 2015 at http://www.epa.gov/airmarkets/documents/monitoring/Final-Part75-Policy-Manual-2013-revised-08-27-13.pdf.
---------------------------------------------------------------------------

    The commenter also suggested that either using CEMS data corrected 
to stack oxygen or developing a mass-based standard should be 
investigated. In essence, though, the revised provisions allow CEMS 
data to be ``corrected to'' stack oxygen levels (that is, the numerator 
and denominator of the oxygen correction are equal, so the correction 
factor equals 1). Sources must still measure and record concentrations 
and stack oxygen levels during these periods, and must keep records of 
periods of CEMS data that are being claimed as periods of startup and 
shutdown (See 40 CFR 60.2175(p) and 40 CFR 60.2740(o)). As many 
commenters have already noted, the oxygen levels fluctuate widely 
during startup and shutdown periods, so any basis other than using 
stack oxygen levels for correction during this period would run into 
the same type of calculation issue that we are attempting to remedy. 
Similarly, a mass-based standard for CISWI units would be a significant 
departure from the format of the existing standards, further 
complicating compliance demonstrations by the facility and assessment 
by the implementing agency. In order to develop a calculation-based 
approach, the EPA would need to have information on the specific 
materials being fed and resultant emissions for each of the best 
performing units during startup and shutdown periods. These are data 
that we do not have and the commenter did not provide any 
recommendations on an approach that the EPA could consider absent these 
data. In addition, the EPA did not reopen the specific standards or 
form of the standards in the proposed rule, and we decline to establish 
mass-based emission standards for that reason as well. We are not 
revising the standards, but are revising only the monitoring provisions 
of the standards to ensure that CEMS data collected are representative 
of actual emissions during startup and shutdown periods and are not 
being artificially inflated or influenced due to the 7 percent oxygen 
correction. In the revisions, these intervals are clearly defined and 
specific to the unit type to ensure this period is reasonable to ensure 
safe operation while minimizing emissions.

B. PM Limit for the Waste-Burning Kiln Subcategory

    Background: In the January 21, 2015, proposal, the EPA solicited 
comments on the data set used to determine PM limits for new and 
existing waste-burning kilns in the February 2013 final rule.
    The March 2011 CISWI final rule promulgated PM emissions limits of 
6.2 milligrams per dry standard cubic meter (mg/dscm) for existing 
units, and 2.5 mg/dscm for new units, both corrected to 7 percent 
oxygen. In an action parallel to the March 21, 2011, final CISWI rule, 
the EPA promulgated a final rule that identifies the standards and 
procedures for identifying whether non-hazardous secondary materials 
(NHSM) are or are not solid waste when used as fuels or ingredients in 
combustion units. The EPA defines the NHSM that are solid waste under 
RCRA in the final ``Identification of Non-Hazardous Secondary Materials 
That Are Solid Waste'' rulemaking. The RCRA definition of solid waste 
is integral in defining the CISWI source category. Commercial and 
industrial units that combust solid waste are subject to standards 
issued pursuant to CAA section 129, rather than to standards issued 
pursuant to CAA section 112 that would otherwise be applicable to such 
units (e.g., boilers, process heaters and cement kilns). Cement kilns 
combusting solid waste are waste-burning kilns subject to CISWI, not 
the otherwise applicable Portland Cement NESHAP. Following promulgation 
of the 2011 CISWI rule, the EPA again analyzed the materials being 
combusted in the entire national inventory of Portland cement kilns in 
light of the revisions to the NHSM rule, and made revisions to the 
CISWI waste-burning kiln inventory. When kilns were added to the 
inventory and their emissions data considered, the resulting NSPS and 
EG PM emission limits proposed in the December 2011 reconsideration 
were less stringent than those established in the March 2011 CISWI 
final rule.
    Following the December 2011 reconsideration proposal, the EPA 
learned that one of the kilns in the CISWI inventory was no longer 
burning waste, and another kiln that was not thought to be burning 
waste materials was doing so. The CISWI waste-burning kiln inventory 
was revised during the period between proposal and final to reflect 
these changes, and the database updated to include emissions data for 
the newly identified unit, as well as some additional test reports 
obtained for units within the inventory. The EPA calculated the maximum 
achievable control technology (MACT) floors after making the 
appropriate revisions to the inventory and the new NSPS and EG PM 
emission limits were more stringent than those proposed in the December 
2011 reconsideration proposal. Table 1 of this preamble tracks the 
progression of the waste-burning kiln PM limits from the March 2011 
final rule through the February 2013 final rule.
    Throughout the CISWI rulemaking process from March 2011 through 
February 2013, the EPA used the same calculation methodology (i.e., the 
upper prediction limit calculated from a population of individual test 
runs) to establish the emission limits for waste-burning kilns. 
However, the data set used in these calculations has changed and grown 
over this period of time as the agency has revised the CISWI inventory 
based on information submitted to the agency by the regulated

[[Page 40963]]

community and new data are submitted. As a result, a petitioner has 
suggested that the current PM emission data set for waste-burning kilns 
is robust enough to warrant using 3-run emission test averages as the 
data population rather than the individual test runs. According to the 
commenter, using this approach to calculate emission limits would 
result in PM emission limits that are different than those of the 
February 2013 CISWI final rule.
    In the context of MACT analyses, as the EPA noted in the January 
21, 2015 proposal, emission test averages or individual test run data 
can be used to determine emissions variability of best performers. We 
also noted that we typically use individual test runs, but for 
categories with data from 15 \3\ or more sources, which would provide 
at least 45 test runs, we may choose to use test averages. In these 
larger data sets, the use of test averages are likely to be 
sufficiently representative of long term performance and variability 
without the need for use of the individual test runs.
---------------------------------------------------------------------------

    \3\ The 15 test average number discussed in the January 21, 2015 
proposal was not a ``bright line'' value used to establish a 
possible threshold for when test runs versus test averages may be 
selected. Rather, this number was an illustrative number that was 
being discussed as an example in internal EPA discussions at the 
time the proposal was being written.
---------------------------------------------------------------------------

    In the January 21, 2015 proposal, the EPA solicited comment on the 
data set used in the February 2013 final rule, as well as whether this 
data set warrants a different calculation approach due to its size or 
other factors. See the memoranda titled ``Potential Emission Limits 
Calculation Analyses for Waste-burning Kilns and Coal ERUs,'' 
``Approach for Applying the Upper Prediction Limit to Limited Data 
Sets,'' and ``Use of the Upper Prediction Limit for Calculating MACT 
Floors'' in the CISWI docket for more details.
    Comment: Two commenters supported the use of emission test averages 
to determine emission standards. One commenter strongly believed that 
use of test averages is the only valid way to conduct calculations of 
upper predictive limit (UPL) or other variability analyses because only 
test averages, and not individual test runs, are statistically 
independent from one another, as the UPL calculation requires. Both 
commenters argued that it is crucial that the UPL calculation reflect 
the actual variability of compliance test results for the best 
performing kilns that set the floors, and stated that this goal is best 
accomplished by using stack test results (which are the average of 
three consecutive test runs) in the UPL calculation, rather than using 
test runs as individual data points. One commenter noted that the data 
set for PM emissions from waste-burning kilns is among the largest for 
any source category or pollutant in the CISWI rule, consisting of 24 
stack tests (equivalent to 72 individual test runs) for the pool of 
three best performers.
    One commenter described control measures that Portland Cement 
NESHAP and waste-burning kilns will need to take to meet the 13.5 mg/
dscm limit for existing waste-burning kilns that was discussed, noting 
that baghouse equipment will still need to be improved at many kilns to 
meet this limit. The commenter also pointed out that the performance of 
a baghouse on a kiln is comparable whether it is a Portland Cement 
NESHAP kiln or a CISWI kiln. The commenter went on to use this 
discussion and data from the Portland Cement NESHAP analyses to support 
the 13.5 mg/dscm limit (which equates to 0.075 lb/ton clinker on a 
production basis, as compared to the existing kiln PM limit of 0.07 lb/
ton clinker in the Portland Cement NESHAP) and to demonstrate that the 
current beyond-the-floor analysis done for the 2013 CISWI final rule is 
still applicable despite the new PM emission limit.
    Response: We agree that the data set for PM for existing waste-
burning kilns is sufficiently large to support using stack test 
averages, as some commenters have supported. For new sources, the EPA 
realizes that there is a smaller number of data points available when 
test averages are considered since only the data from the best-
performing source are included in the calculation.\4\ However, as the 
EPA has intended within each of the CISWI subcategories, a consistent 
approach to the emission limit calculation is used for existing and new 
sources within a subcategory (e.g., upper limit for small remote, UPL 
for waste-burning kilns). That is, in the case of PM for waste-burning 
kilns, the UPL using test averages is being used to calculate both 
existing and new source emission limits.
---------------------------------------------------------------------------

    \4\ Although this data set is smaller than that for existing 
sources, the EPA does not consider the new source data set to be a 
small or limited data set.
---------------------------------------------------------------------------

    We also note that, for this particular data set, there are distinct 
advantages to using this approach. One advantage is that there is a 
significant amount of test data for the best-performing source. These 
runs reflect various fuel and waste material firing conditions for the 
best-performing unit. By splitting the data for the best-performing 
source into sets of three according to the operational condition (waste 
or non-waste), each of the resulting averages is more representative of 
the fuel, waste, and operational variability demonstrated by the other 
3-run test averages found in the data set for this source and for the 
other existing source best performers. In other words, the time 
periods--and variability in process inputs and operations these periods 
represent--are approximately equal for each data point in the average 
data set for existing and new sources. This approach also has the added 
benefit of a slightly larger time period of operations being 
represented by the data, since there is one additional average that can 
be included in the data pool (i.e., no test run data are available, but 
the average is).
    We also reviewed the information submitted by the commenters on the 
costs and emission improvement requirements existing kilns will need to 
undertake to meet the revised emission limits, as well as our own 
assessment of control improvements needed, and agree with the 
assessment that beyond-the-floor emission standards for waste-burning 
kiln PM limits are unwarranted. In our analysis, the same kilns that 
would need improvements for the 2013 PM limits still need to add these 
improvements to meet the 13.5 mg/dscm standards (as well as the CISWI 
limits for Cd and Pb, which are not being revised but are also 
controlled by PM control devices). The technology most likely being 
used to meet the standards would be fabric filters (baghouses), which 
is a physical control technology. Information supplied by the industry 
indicate that many cement kilns will require highly efficient fabric 
filters to meet the 13.5 mg/dscm standards. Fabric filters do not have 
a variable component, such as sorbent injection rates, that can be 
varied easily once the system is designed and the filter media 
specified. Therefore, unlike other control technologies, the PM removal 
efficiency of fabric filters does not depend on other factors in the 
process and control device's performance will essentially be the same 
regardless of other process inputs. Therefore, the EPA is finalizing 
the 13.5 mg/dscm and 4.9 mg/dscm emission limits discussed at proposal 
for existing and new waste-burning kilns, respectively, based on the 
analysis of emission test average data.
    The calculated PM emission limits using the test averages are 
presented in Table 1 of this preamble for comparison. The calculations 
used to support the 2015 emission limit values, analyses of impacts and 
discussion of beyond-the-floor considerations are available in the 
``Revised Emission Limits and Impacts Analyses for Waste-burning Kilns 
and

[[Page 40964]]

Coal ERUs'' memorandum in the docket to this rulemaking.

  Table 1--Waste-Burning Kiln PM Emission Limits From March 2011 Final Rule Through 2015 Final Reconsideration
----------------------------------------------------------------------------------------------------------------
                                                                                                    2015 Final
                                                    March 2011     December 2011  February  2013     rule test
               Source type (units)                  final rule     proposed rule    final  rule    average-based
                                                                                                    limits \2\
----------------------------------------------------------------------------------------------------------------
New Sources (mg/dscm)\1\........................             2.5             8.9             2.2             4.9
Existing Sources (mg/dscm)\1\...................             6.2             9.2             4.6            13.5
----------------------------------------------------------------------------------------------------------------
\1\ Corrected to 7 percent oxygen (O2).
\2\ These final limits are the same as those discussed in the January 21, 2015 proposal.

    Comment: One commenter disagreed with the proposed approach of 
using stack test average data, arguing that because the EPA's standards 
are already set at the floor, and the floor is the minimum stringency 
permitted by the CAA, the EPA's proposed change is unlawful at Chevron 
step one.\5\ The commenter further argued that the EPA does not give 
any statutory reasons for its proposed change, and therefore its 
proposal is unreasonable at Chevron step two. NRDC v. EPA, No. 12-1321, 
slip op. at 23 (D.C. Cir. Dec. 23, 2014) (``EPA must `ground its 
reasons for action or inaction in the statute.' '') (quoting Util. Air 
Regulatory Grp. v. EPA, 134 S. Ct. 2427, 2441 (2014)). The commenter 
contended that the only reason the EPA gives in support of this change 
is that the data set for kilns is relatively large and so switching to 
test averages instead of individual test runs ``is expected to make 
very little difference.'' The commenter concluded that the EPA's 
proposed change illustrates that the UPL approach is unlawful and 
arbitrary because it does not yield reasonable estimates of the 
``average emission limitation achieved'' by the best performing units. 
An industry commenter asserted that the stack test averages yield 
reasonable estimates of the average emission limitation achieved by the 
best performing units, and referred to their original comment submittal 
to the proposed rule as support. The commenter then repeated that the 
EPA should use stack test averages in the UPL calculation whenever 
there are sufficient data to support their use. The commenter concluded 
that the use of test runs can be justified only when the limited 
availability of emissions data demands the use of test runs; this is 
not the case in the CISWI PM limit for kilns.
---------------------------------------------------------------------------

    \5\ Chevron U.S.A. v. NRDC, 467 U.S. 837 (1984).
---------------------------------------------------------------------------

    Response: As discussed earlier, the EPA incorporated considerable 
new data and moved kilns from the NESHAP to CISWI between the proposed 
and final CISWI reconsideration concluded in 2013. The inclusion of 
additional sources and data lead to more stringent standards and the 
public was not provided an opportunity to comment on those limits and 
the manner of their calclulation. For this reason, parties petitioned 
EPA to reconsider those limits consistent with CAA section 
307(d)(7)(B), and the EPA granted reconsideration consistent with the 
statute to provide the public an opportunity to comment. The EPA 
maintains that its actions in response to the changed circumstances 
(i.e., new data and sources) and the petitions for reconsideration are 
consistent with the statute and, for this reason, we reject the 
commenter's argument that EPA has somehow violated the standard setting 
provisions of section 112.
    Further, we have determined that the data set for existing waste-
burning kilns for PM is sufficient to address longer-term performance 
and variability among the best-performing sources and justifies the use 
of test average data. While the data set for new waste-burning kilns is 
smaller in count than that of the existing sources, it is not 
considered a small data set, and the EPA has concerns about not 
treating variability consistently between existing and new source 
emission limits within the same subcategory.
    With respect to the commenter's arguments about the UPL calculation 
methodology, the EPA did not open the UPL calculation methodology for 
reconsideration, so we are not responding to the commenter's arguments 
on this issue.

C. FVF for Coal-Burning Energy Recovery Units

    Background: In the January 21, 2015, proposal, the EPA requested 
comments and supporting data regarding the need to establish an FVF for 
the ERU solids (coal) subcategory. In particular, the EPA requested 
comments on using stack test data from coal-only periods of operation 
in our emission limit calculations, and whether the EPA should re-
evaluate the NOX emission limit by using the additional CEMS 
data provided for the best-performing unit. The preamble to the 2013 
final CISWI rule (78 FR 9112, February 7, 2013) explained the 
methodology used to establish the final emission limits, which relied 
almost exclusively on direct emissions measurements. A petitioner 
requested that EPA reconsider the decision not to incorporate fuel 
variability into the emission limit calculations for coal-fired ERUs 
based on new information.
    Table 2 of this preamble presents a comparison of the 2013 final 
rule emission limits for existing coal ERUs and the emission limits 
calculated using all data available (i.e., waste and coal-only modes of 
operation), FVF calculation techniques, and the additional CEMS data 
provided by the petitioner.

[[Page 40965]]



Table 2--Existing Coal ERU Emission Limits From February 2013 Final Rule
               and Based on FVF Plus Additional CEMS Data
------------------------------------------------------------------------
                                      February 2013      Final emission
                                        final rule        limits using
         Pollutant (units)            emission limit    additional data
                                           \1\            and FVF \1\
------------------------------------------------------------------------
Cadmium (Cd) (mg/dscm)............             0.0095         \2\ 0.0017
Hydrogen Chloride (HCl) (ppmv)....                 13             \3\ 58
Mercury (Hg) (mg/dscm)............              0.016          \2\ 0.013
Lead (Pb) (mg/dscm)...............               0.14          \3\ 0.057
Particulate Matter (PM filterable)                160            \2\ 130
 (mg/dscm)........................
Nitrogen Oxides (NOX) (ppmv)......                340            \2\ 460
Sulfur Dioxide (SO2) (ppmv).......                650                850
------------------------------------------------------------------------
\1\ All emission limits are expressed as concentrations corrected to 7
  percent O2.
\2\ Unable to calculate FVF, final emission limit reflects use of
  additional data for coal-only mode of operation.
\3\ Based on maximum ratio in data set to calculate FVF for final
  emission limit. If average ratios were used instead, HCl emission
  limit would be 19 (parts per million by volume) ppmv and Pb would be
  0.047 mg/dscm.

    Comment: Several commenters supported the revision of these 
emission limits, claiming that the EPA should account for all sources 
of emissions variability. Commenters argued that adjustments for fuel 
variability should be based on worst case conditions so that the floors 
represent the emission limitations that the best performers can achieve 
under the worst foreseeable circumstances. They maintained that 
emissions test data only reflect the pollutant content of a unit's 
inputs at the time of emissions testing, noting that fuel and solid 
waste composition vary over time. As an example, commenters referenced 
HCl data submitted for the top performer, noting that if the HCl limit 
for existing units remains at 13 ppmv (from the 2013 final CISWI rule), 
the best performing unit would fail to meet the limit consistently. The 
commenters further expressed their support for basing the FVF on the 
maximum ratio of non-paired fuel data with paired fuel data (yielding a 
limit of 58 ppmv) as opposed to the average ratio (yielding a limit of 
19 ppmv), because the HCl data showed the average-based limit was also 
exceeded several times over an 8-year period. In order to make the HCl 
limit achievable in practice, the commenters concluded that the EPA 
must set the final HCl limit to 58 ppmv.
    One commenter pointed out that the consideration of fuel 
variability is of particular importance because a CISWI unit remains a 
CISWI unit until it ceases to burn waste for at least 6 months. The 
commenter explained that estimating emission levels achieved when a 
unit was burning waste and coal does not reflect the level achieved 
when combusting only coal. Commenters also called attention to the 
boiler and process heater standards, which account for fuel supply 
variability, and contended that the EPA should do the same for CIWSI 
because ERUs would be subject to the boiler standards if they did not 
combust waste in addition to fossil fuels.
    One commenter indicated that the EPA had not properly addressed 
fuel variability for the SO2 emission limit. According to 
the commenter, previously submitted data showed that the 2013 final 
limit of 650 ppmvd would not be high enough to allow the top performer 
to comply every day under all operating conditions. In developing the 
potential limits presented in the proposed reconsideration, the EPA did 
not develop a FVF for SO2 because only one fuel data point 
for sulfur was available to be paired with SO2 emissions 
data. The commenter explained that even though only one date from the 
fuel data matched up with the week of SO2 CEMS data, the lag 
time between the fuel sample date and actual combustion in the boiler 
is typically 4-9 days, so portions of both the August 14 and August 21, 
2009, coal shipments would have been burned during the CEMS period from 
August 23 through August 30, 2009. Therefore, the commenter explained, 
sulfur data from these two shipments could be paired with the CEMS 
data, which would make it appropriate to develop a FVF for 
SO2, similar to what was done for HCl.
    Response: The EPA is finalizing the emission limits for Cd, HCl, 
Hg, Pb, PM, and NOX that incorporate a FVF and coal-only 
mode of operation data and were discussed in the January 21, 2015 
proposal. See 80 FR at 3023. In addition, the EPA has determined that 
we have sufficient data to incorporate a FVF into the SO2 
limit in the same manner as the standards for the other section 129 
pollutants above.
    At proposal, the agency explained our rationale for considering 
emission limits that incorporate a FVF for fuel-dependent pollutants 
(i.e., HCl, Pb, Cd, Hg, and SO2) [See 80 FR at 3022] and 
presented the methodology [See Memo titled ``Potential Emission Limits 
Calculations Analyses for Waste-burning Kilns and Coal ERUs, December 
12, 2014] we would use to do so. We also presented the available data. 
In addition, for Cd, HCl, Hg, Pb, PM and NOX, the EPA 
identified the emission limits that incorporate a FVF and were derived 
from that data and using the proposed methodology. The proposal did not 
identify a specific SO2 emission limit that incorporated a 
FVF because, as explained in the proposal, at that time, the EPA did 
not believe the data from the best performing units included the 
information necessary to calculate a FVF for SO2. See 80 FR 
at 3022; see also Memo titled ``Potential Emission Limits Calculations 
Analyses for Waste-burning Kilns and Coal ERUs, December 12, 2014. The 
proposal, however, made clear that the rationale for deciding to 
incorporate a FVF into the emission limits for coal-fired ERUs applied 
to all fuel-dependent pollutants, including SO2, and the 
agency provided the methodology for incorporated a FVF. The comments 
received demonstrated that the available SO2 data from the 
best performing units--the data in the docket at the time of proposal--
does in fact include the information required to establish a fuel 
variability factor. Specifically, the EPA confirms that the data set 
includes sufficient paired SO2 data to evaluate the need for 
a FVF. Thus, all information necessary to address whether a FVF should 
be incorporated into the SO2 standard, and to identify the 
specific SO2 emission limit incorporating a FVF was 
available in the docket at the time of proposal. Thus, in this final 
rule, the EPA has re-evaluated the fuel sulfur data with paired 
SO2 data and is incorporating a FVF in the floor 
calculations for SO2 using the same methodology that was 
discussed in the proposal. The resulting SO2 limit for 
existing and new coal ERUs is 850 ppmvd.

[[Page 40966]]

    Comment: One commenter did not support the incorporation of FVFs in 
determining emission limits, arguing that increasing the floors to 
account for variability would be unlawful and arbitrary because the UPL 
methodology used to develop the floors already accounts for emissions 
variability. According to the commenter, the floors should not be 
increased further because CAA section 129 directs that standards should 
be no less stringent than the average emissions achieved by the best 
performing units. In other words, the commenter explained, a standard 
must reflect a reasonable estimate of the actual performance of the 
best units.
    The commenter further noted that even if it were lawful to 
incorporate a FVF at all, the FVF should be based on the average ratio, 
as opposed to the maximum ratio, because the maximum ratio does not 
yield a reasonable estimate of the average emissions limitation 
achieved by the best performing sources, yielding floors less stringent 
than the statute permits.
    Response: The EPA disagrees with the argument that incorporating a 
FVF in these standards overaccounts for variability. Fuel data provided 
for the top performing units show that performance for coal-burning 
ERUs, based solely on the short-term stack test data available for 
these units, does not adequately reflect the sustained performance and 
different fuel inputs that are used by the best performing source upon 
which the standards were based. As stated in response to similar 
comments submitted on the Boiler NESHAP (See EPA-HQ-OAR-2002-0058-3511, 
excerpt 15, page 111), and consistent with the DC Circuit Court ruling, 
the EPA is mindful that MACT floors need to reflect achieved 
performance of the best-performing units, that HAP (or pollutant, for 
CAA section 129 rules such as CISWI) content of process inputs (raw 
materials and fuels) should be accounted for in ascertaining the 
sources' performance as necessary, and that the EPA cannot consider 
costs in ascertaining the level of the MACT floor. See, e.g., Brick 
MACT, 479 F. 3d at 880-81, 882-83; NRDC v. EPA, 489 F. 3d 1364, 1376 
(D.C. Cir. 2007) (``Plywood MACT''); see also Cement Kiln Recycling 
Coalition v. EPA, 255 F. 3d 855, 861-62 (D.C. Cir. 2001) 
(``achievability'' requirement of CAA section 112 (d)(2) cannot 
override the requirement that floors be calculated on the basis of what 
best performers actually achieved). The EPA is also mindful of the need 
to account for sources' variability (both due to control device 
performance and variability in inputs) in assessing sources' 
performance when developing technology-based standards. See, e.g., 
Mossville Environmental Action Now v. EPA, 370 F. 3d 1232, 1242 (D.C. 
Cir. 2004); National Lime I, 627 F. 2d 416, 433-34 (D.C. Cir. 1980). In 
most cases, the UPL sufficiently accounts for both control device 
performance and input variability. However, in this case, a review of 
the data for the best-performing coal-burning ERUs indicated that 
short-term stack test data alone did not fully account for longer term 
emissions performance in this case. While fuels combusted within a 
short term 3-hour test would be expected to be fairly consistent in 
their contaminant levels, multi-year fuel input data for the best-
performing unit show that Hg, Cl, Pb, and sulfur levels can vary 
significantly between the times the best performing unit is combusting 
a combination of waste and traditional fuel and the times it is 
combusting traditional fuels alone, and that there is variability in 
the pollutant content of the traditional fuel alone as well. In light 
of this, the EPA believes it is reasonable to incorporate a FVF for 
this subcategory of CISWI units to better reflect the performance of 
the best performing coal-burning ERUs.
    Regarding the commenter's assertions that the average ratio should 
be used instead of the maximum ratio in calculating the FVF, we note 
that, unlike situations present in the Boiler NESHAP, the best-
performing units in the coal ERU subcategory (all located at the same 
facility) are not burning a variety of fuels. These CISWI ERU units 
burn coal, and periodically an industrial waste generated at the 
facility. Therefore, there is one fuel and one waste that is input that 
will influence emissions. This is not the case for the boiler best-
performers in the Boiler NESHAP solid fuel subcategory, as these 
consisted of a ``mix of biomass, coal and other solid fossil fuel'' 
data (See EPA-HQ-OAR-2002-0058-3836, August 2012). In the boiler 
rulemaking, the EPA was concerned that this heterogeneous mix of best 
performer fuel inputs and the use of the maximum ratio would 
overestimate fuel variability. However, for the CISWI coal ERUs, we are 
dealing with a single fuel type (coal), and the same concern does not 
apply. Since CISWI applicability extends for a period beyond the waste-
combustion periods, variability in this one fuel influences emissions 
for a significant portion of the best-performers' operations. 
Therefore, we have determined that the maximum ratio is appropriate in 
this case to fully account for the best-performer's variability in fuel 
inputs.
    The FVF accounts for fuel variability between sources using long-
term fuel measurement data that represent inherent natural variations 
in fuel usage at the best performing unit over time. The FVF is used in 
conjunction with the 99 percent UPL to characterize long-term 
variability due to technological controls and fuel characteristics. The 
results are MACT floors that reasonably estimate the performance over 
time of the best performing sources (there are three identical units at 
one facility that are best performers for this subcategory of unit, 
with only one additional unit that may be in this subcategory). These 
calculations are described in more detail in the ``Revised Emission 
Limits and Impacts Analyses for Waste-burning Kilns and Coal ERUs'' 
memorandum found in the docket to this rulemaking.
    For these reasons, the EPA is adopting the revised emission limits 
for coal ERUs discussed in the January 21, 2015, proposal, and the 
agency is also incorporating a FVF into the SO2 limit as 
discussed above.

D. Definition of ``Kiln''

    Background: In the January 21, 2015, notice, the EPA requested 
comment on its proposal to revise the definition of ``kiln'' and 
proposal to add definitions of ``in-line raw mill'' and ``in-line coal 
mill'' to further clarify the boundaries of the waste-burning kiln. 
Because the in-line raw mill and in-line coal mill are part of the 
kiln, the kiln emission limits also apply to the exhaust of the in-line 
raw mill and in-line coal mill. For more background on this issue, the 
EPA discussed at length in the preamble to the proposed Portland Cement 
NESHAP a potential regulatory regime to cover situations where a 
portion of the kiln exhaust is ducted to the coal mill. See 77 FR 
42383-85; see also the regulatory text at 77 FR 42398, 42402-06, 42408-
09.
    For waste-burning kilns, the EPA proposed language in the 
definition of ``kiln'' to make it consistent with that of the Portland 
Cement NESHAP. The terms ``in-line raw mill'' and ``in-line coal mill'' 
were proposed to be included in the definition, and, therefore, were 
proposed to be added to the definitions within the CISWI rule.
    In addition to the proposed definitional amendments in the January 
21, 2015, notice, the EPA proposed a compliance demonstration and 
ongoing monitoring method for waste-burning kilns that combine emission 
streams from the in-line raw mill and in-line coal mill and exhaust 
through multiple stacks. The EPA is finalizing the proposed approach 
with some minor revisions to address comments as

[[Page 40967]]

discussed below. The final rule will allow sources to measure pollutant 
concentrations and flows from each of the stacks (i.e., kiln, alkali 
bypass, and in-line coal mill, as applicable) and calculate a flow-
weighted average kiln stack concentration that must be met in order to 
be in compliance with the CISWI waste-burning kiln emission limits. 
These provisions are modeled upon similar provisions and equations 
found in the Portland Cement NESHAP, and should streamline compliance 
demonstrations for waste-burning kilns that combine streams prior to 
discharge to the atmosphere through one or more stacks. The proposed 
calculation method and measurement location options are found in 40 CFR 
60.2145 and 40 CFR 60.2710. The EPA requested comment on the 
definitional and calculation method changes for demonstrating 
compliance for waste-burning kilns that combine streams prior to 
discharge to the atmosphere through one or more stacks.
    Comment: Although there were no specific comments on the revised 
definition of ``kiln'' or on the addition of the definitions of ``in-
line raw mill'' and ``in-line coal mill,'' one commenter expressed the 
need to change monitoring and compliance requirements for alkali bypass 
and/or in-line coal mill to be consistent with the Portland Cement 
NESHAP. The commenter contended the use of CEMS and the PM CPMS for 
either an alkali bypass or an in-line coal mill is unnecessary, as they 
represent a relatively minor part of the overall kiln emissions and 
their emissions will vary directionally with the main kiln stack 
concentrations. Therefore, the commenter suggested that monitoring the 
main kiln stack alone can provide an indication of overall emissions 
and compliance. The commenter stated that the appropriate monitoring 
and compliance requirements have already been addressed in the Portland 
Cement NESHAP rule and requested that the EPA adopt a similar approach 
for the CISWI standards. The commenter also suggested that the EPA 
clarify the level of testing and monitoring that applies to either an 
alkali by-pass or an in-line coal mill.
    Response: To provide additional consistency between CISWI and the 
Portland Cement NESHAP, the EPA is adding clarifying language in the 
final rule that makes the monitoring requirements for waste-burning 
kilns consistent with those in the Portland Cement NESHAP. 
Specifically, we are not requiring that CEMS or PM CPMS need to be 
installed on separate alkali bypass or in-line coal mill stacks. 
Instead, as is the case with the Portland Cement NESHAP, the results of 
the initial and subsequent performance test for the alkali bypass and 
in-line coal mill stacks can be used to determine the combined 
emissions to demonstrate compliance with the relevant emissions limit. 
However, unlike the Portland Cement NESHAP, the performance test must 
be conducted on an annual basis (between 11 and 13 calendar months 
following the previous performance test) to keep the testing schedule 
for these stacks consistent with the CISWI rule's annual performance 
testing requirements.

V. Technical Corrections and Clarifications

    In the January 21, 2015, notice, the EPA proposed to correct minor 
typographical errors and clarify provisions of the final rule that may 
have been unclear. The EPA is finalizing these corrections, which are 
summarized in this section of the preamble. There were some comments 
received on these clarifications. These comments, and responses to 
them, are found in the ``2013 CISWI Rule Reconsideration Response to 
Comments.''

A. 2000 CISWI New Source Applicability Clarification for Incinerators 
and Air Curtain Incinerators

    Following promulgation of the February 2013 CISWI final rule, the 
EPA received questions regarding the continued applicability of the 
2000 CISWI NSPS for units that are subject to the 2000 CISWI NSPS as 
they are transitioned from the 2000 NSPS to the February 2013 EG with 
which they will eventually be required to comply. The 2000 CISWI NSPS 
are the same as the 2000 CISWI EG and limited in applicability to the 
incinerator subcategory and air curtain incinerators so only these 
types of CISWI units being regulated in the February 2013 CISWI final 
rules are affected by this applicability issue. The EPA intended, 
consistent with the statute and our stated intent (see 76 FR 15711, 
March 21, 2011), to continue to regulate these units as ``new'' sources 
under the 2000 NSPS, and then regulate them as ``existing'' sources 
under the 2013 EG once these units were covered under an approved state 
plan or federal plan that implements the February 2013 CISWI final EG. 
The language in the February 7, 2013, NSPS at 40 CFR 60.2105 and the 
title of Table 1 to 40 CFR part 60, subpart CCCC make the EPA's intent 
to do so evident. However, the applicability section in 40 CFR 60.2015 
omitted the applicability provisions for incinerators and air curtain 
incinerators that are subject to the 2000 CISWI NSPS. In this final 
rule, the EPA is finalizing proposed additional language in 40 CFR 
60.2015(a) and 40 CFR 60.2105(b) that clarifies that these incinerators 
and air curtain incinerators remain ``new'' units regulated under the 
2000 NSPS until such time that an approved state plan or federal plan 
implements the February 2013 EG for those units, at which time such 
units will be subject to the 2013 EG to the extent those limits are 
more stringent than the 2000 CISWI NSPS limits, which will continue to 
apply if they are more stringent.

B. Typographical Errors and Corrections

    The following items are typographical errors in the final rule that 
we are correcting in this final action:
     References in 40 CFR 60.2020(e), 60.2020(f), 60.2555(e), 
and 60.2555(f) were changed from ``. . . paragraphs (e)(1) through (3) 
. . .'' to ``. . . paragraphs (e)(1) through (4) . . .''.
     Restructured 40 CFR 60.2060 to add paragraph (b) that 
clarifies waste management plan submittal timeline for CISWI units that 
commence reconstruction or modification after August 7, 2013.
     References in 40 CFR 60.2020(i) and 60.2245 were revised 
to include 40 CFR 60.2242 in addition to 40 CFR 60.2245 through 60.2260 
(i.e., clarifies that air curtain incinerators burning wood waste, 
clean lumber, and/or yard waste must obtain title V permits).
     References in 40 CFR 60.2555(i) and 60.2810 were revised 
to include 40 CFR 60.2805 in addition to 40 CFR 60.2810 through 60.2870 
(i.e., clarifies that air curtain incinerators burning wood waste, 
clean lumber, and/or yard waste must obtain title V permits).
     References in 40 CFR 60.2110(i)(2)(i)(D) and 40 CFR 
60.2675(i)(2)(i)(D) were changed from ``. . . paragraphs (i)(2)(i) 
through (iv) . . .'' to ``. . . paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(C) . . .''.
     Two references in the definitions of terms for Equation 3 
in 40 CFR 60.2110(i)(2)(iv) were revised. For the `z' term, ``(2)(a)'' 
was corrected to ``(2)(i)'', and for the `R' term, ``Equation 3'' was 
corrected to ``Equation 2''.
     Two references in the definitions of terms for Equation 3 
in 40 CFR 60.2675(i)(2)(iv) were revised. For the `z' term, ``(2)(a)'' 
was corrected to ``(2)(i)'', and for the `R' term, ``Equation 3'' was 
corrected to ``Equation 2''.
     The language in 40 CFR 60.2140(c) and 60.2705(c) were 
revised to include the phrase ``commence or recommence

[[Page 40968]]

combusting'' to be parallel to the same terminology in 40 CFR 
60.2140(b) and 60.2705(b), respectively.
     Extra spaces were removed from 40 CFR 60.2145(v) and 
60.2710(v).
     The reference in 40 CFR 60.2145(w)(1) was changed from 
``Sec.  60.2675'' to ``Sec.  60.2140''.
     The references in 40 CFR 60.2145(x)(1) were changed from 
``. . . Sec.  60.2145(l) and (x)(1)(i) through (iii) . . .'' to ``. . . 
paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .''
     The references in 40 CFR 60.2710(x)(1) were changed from 
``. . .Sec.  60.2710(l) and (x)(1)(i) through (iii). . .'' to ``. . . 
paragraphs (l) and (x)(1)(i) through (x)(1)(iii). . .''
     Language in 40 CFR 60.2145(x)(1)(iii), 60.2165(r)(1)(iii), 
60.2710(x)(1)(iii) and 60.2730(r)(1)(iii) was revised to clarify the PM 
continuous parameter monitoring system (CPMS) detection limit. The 
phrase ``of no greater than'' was changed to ``increments no greater 
than''.
     Provisions for PM CPMS in both subparts were revised to 
also clarify the output signals from digital monitoring devices and 
remove ``lb/Mmbtu'' typographical errors.
     The reference in 40 CFR 60.2165(q)(1) was changed from 
``Sec.  60.2675'' to ``Sec.  60.2140''.
     Text in 40 CFR 60.2165(q)(3) was corrected from ``. . 
.paragraph (q)(4) or this section . . .'' to ``. . . paragraph (q)(4) 
of this section . . .''.
     The title of 40 CFR part 60, subpart CCCC Table 1 was 
revised to clarify that these emission limits apply to incinerators 
that were subject to the 2000 CISWI rule provisions.
     The dates in paragraphs (a)(1) and (2) of 40 CFR 60.2535 
from the 2000 CISWI rule were omitted in the current CFR version of the 
rule, and have been reinserted.
     Added text in 40 CFR 60.2525(b) and 60.2535(b) to clarify 
applicability for incinerators and air curtain incinerators that were 
reconstructed or modified on or after June 1, 2001, but no later than 
August 7, 2013.
     Revised the language of 40 CFR 60.2550(b) to reflect the 
August 7, 2013 date for purposes of applicability with 40 CFR part 60, 
subpart CCCC.
     The text ``over 10 MMBtu/hr but less than 250 MMBtu/hr 
annual average heat input rates'' was added to 40 CFR 60.2730(m) for 
clarification and consistency.
     The definition of chemical recovery unit in 40 CFR 60.2265 
was revised to be consistent with the definition provided in 40 CFR 
60.2875. The following text was added: ``A chemical recovery unit is 
not an incinerator, a waste-burning kiln, an energy recovery unit or a 
small, remote incinerator under this subpart.''
     Clarifying language was added to the HCl row of 40 CFR 
part 60, subpart DDDD Table 8. Compliance method text was changed from 
``. . . if a wet scrubber is not used'' to ``. . . if a wet scrubber or 
dry scrubber is not used.''
     Text in 40 CFR 60.2165(o) was corrected from ``. . . you 
must use a continuous automated sampling system . . .'' to ``. . . you 
may substitute use of a continuous automated sampling system for the 
carbon monoxide annual performance test.''
     Revise the definition of ``Oxygen trim system'' to include 
draft controller and to clarify that it is a system that maintains the 
desired excess air level over the operating load range.
     Revise the definition of ``Reconstruction'' in both 
subparts to reflect the correct criterion that reconstruction begins on 
or after August 7, 2013.
     Renumbered equations in 40 CFR part 60, subpart DDDD to be 
in sequence within the subpart instead of being a continuation with 40 
CFR part 60, subpart CCCC.
     Revised paragraphs 40 CFR 60.2030(c), 60.2210(h), 
60.2220(d), 60.2235, 60.2770(h), 60.2780(d) and 60.2795 to reflect the 
most recent electronic reporting guidance available and to further 
clarify reporting requirements.
     Revised paragraphs 40 CFR 60.2145(j)(1) and 60.2710(j)(1) 
to reflect the most recent guidance available for HCl CEMS installed 
and certified in accordance to Performance Specification 15 or 
Performance Specification 18.
     Table footnotes were converted from alphabetical to 
numeric format.
     Deleted inadvertent footnote references to the following: 
Dioxin/furan TEQ and TMB rows of 40 CFR part 60, subpart CCCC Table 8; 
Dioxin/furan TMB row and Pb row of 40 CFR part 60, subpart DDDD Table 
7; Dioxin/furan row of 40 CFR part 60, subpart DDDD Table 8; and 
dioxin/furan row of 40 CFR part 60, subpart DDDD Table 9.

C. Clarifications

    Since publication of the February 7, 2013, final CISWI rule, the 
EPA has received stakeholder questions and requests for clarification 
on certain rule provisions. We are not finalizing any regulatory 
language changes for the following items, but are providing some 
clarification to these questions. Furthermore, comments received on 
these clarifications and responses to these comments are found in the 
``Response to Comments on the 2015 CISWI Reconsideration'' document 
found in the docket:
     Mass balance as operating limits for units without certain 
control devices--A stakeholder has asked for clarification on whether a 
mass balance could be used as an operating parameter, and whether this 
must be measured as a 30-day rolling average instead of taking a 
monthly sample. Furthermore, the stakeholder also asked whether the 
material balance allows them to waive annual stack testing. The EPA 
clarifies that mass balance operating parameters do not replace annual 
stack testing. Stack testing and operating parameters work in tandem to 
ensure ongoing compliance with the standards. We do, however, accept 
that mass balance could be an allowable operating parameter in cases 
where no control device is needed to meet the pollutant's specific 
emission limit applicable to the unit, provided the petition for the 
operating parameter limits meets the requirements specified in 40 CFR 
60.2115 and 40 CFR 60.2680. We also point out that these requirements 
also allow any source to request a different averaging time that is 
appropriate for the source and operating parameter.
     Clarification on who the ``EPA Administrator'' is and whom 
to contact for requests for averaging times, qualifying facility 
notifications, etc. We have received questions on how to contact the 
Administrator to submit notifications, reports and requests. The 
contact information is given in the General Provisions, under 40 CFR 
60.4, and has addresses listed by EPA Regional Offices.

VI. Environmental, Energy and Economic Impacts

    This action finalizes the proposed provisions and makes technical 
and clarifying corrections, but does not cause substantive changes to 
the impacts on the environment, energy generation and usage, and 
economic factors for affected sources from the February 7, 2013, final 
CISWI rule (78 FR 9112). The number of sources requiring improved 
emission control performance is the same as estimated in the final 2013 
rule. While the emission limits have been relaxed slightly for PM in 
the waste-burning kilns, the assumed controls required to meet the 
final standards are still the same as those estimated for the final 
2013 rule. That is, waste-burning kilns that would require additional 
controls to meet the final 2013 rule's PM and metals emission limits 
will still require those control improvements to meet the limits being 
finalized in this action. The main

[[Page 40969]]

difference is an increased margin of compliance for these units, as 
well as a PM limit that is very consistent with the non-waste burning 
(Portland Cement NESHAP) PM emission limits, thereby streamlining 
compliance. For the coal-fired ERU subcategory, certain emission limits 
are relaxed while others have been made more stringent. The net result 
in emissions reductions are negligible, however, and there are no 
changes in the control cost estimates for units in this subcategory. As 
with the waste-burning kilns, the main difference for the coal ERUs is 
that there is a somewhat greater margin of compliance available in the 
standards being finalized, and thus, ensuring that the best performing 
units may be able to demonstrate sustained compliance with the MACT 
standards in multiple modes of operation (waste and non-waste modes).
    Taken together, the revised emission limits being finalized in this 
action could result in allowable emission estimates, primarily in PM, 
that are greater than those assumed for the 2013 final rule by about 
297 tpy. In other words, there could potentially be 297 fewer tpy of PM 
emission reductions as a result of this final rule when compared to the 
2013 final rule's estimated emission reductions. We have estimated 
these emission impacts in the memorandum ``Revised Emission Limits and 
Impacts Analyses for Waste-burning Kilns and Coal ERUs'' available in 
the docket. We have not revised the regulatory impacts assessment 
prepared for the 2013 final rule since the expected emissions control 
costs are unchanged and the change in estimated emission reductions are 
relatively minor when compared to the 34,771 tpy overall emission 
reductions estimated for the February 7, 2013, final rule (See 78 FR 
9132).

VII. Statutory and Executive Order Reviews

    Additional information about these statues and Executive Orders can 
be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations (40 CFR part 60, 
subpart CCCC and 40 CFR part 60, subpart DDDD) and has assigned OMB 
control number 2060-0664 for subpart CCCC and OMB control number 2060-
0662 for subpart DDDD. This action is believed to result in no changes 
to the information collection requirements of the February 2013 final 
CISWI rule, so that the information collection estimate of project cost 
and hour burden from the final CISWI rule have not been revised.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. This final rule will not impose any new 
requirements on any entities because it does not impose any additional 
regulatory requirements relative to those specified in the February 
2013 final CISWI rule. The February 2013 final CISWI rule was certified 
as not having a significant economic impact on a substantial number of 
small entities. We have therefore concluded that this action will have 
no net regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly affect small governments. The action imposes no 
enforceable duty on any state, local, or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. The EPA is not aware of any CISWI in Indian 
country or owned or operated by Indian tribal governments. The CISWI 
aspects of this rule may, however, invoke minor indirect tribal 
implications to the extent that entities generating solid wastes on 
tribal lands could be affected. Thus, Executive Order 13175 does not 
apply to this action.

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

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action does not involve technical standards.
    This action is not finalizing any new incorporation by reference 
material, so therefore this action is not making any amendments to the 
incorporations by reference found in 40 CFR 60.17. The incorporation by 
reference of this document was already approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 
for Sec.  60.14, effective February 7, 2013. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

[[Page 40970]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. It does not affect the level of protection 
provided to human health or the environment. The final CISWI rule will 
reduce emissions of all the listed toxics emitted from this source, 
thereby helping to further ensure against any disproportionately high 
and adverse human health or environmental effects on minority, low-
income, or indigenous populations.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to House of Congress and to the Comptroller General of the 
United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference.

    Dated: May 5, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, of the Code of 
Federal Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

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


0
2. Part 60 is amended by revising subpart CCCC to read as follows:

Subpart CCCC--Standards of Performance for Commercial and 
Industrial Solid Waste Incineration Units

Sec.

Introduction

60.2000 What does this subpart do?
60.2005 When does this subpart become effective?

Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of these new source performance 
standards apply at the same time?

Preconstruction Siting Analysis

60.2045 Who must prepare a siting analysis?
60.2050 What is a siting analysis?

Waste Management Plan

60.2055 What is a waste management plan?
60.2060 When must I submit my waste management plan?
60.2065 What should I include in my waste management plan?

Operator Training and Qualification

60.2070 What are the operator training and qualification 
requirements?
60.2075 When must the operator training course be completed?
60.2080 How do I obtain my operator qualification?
60.2085 How do I maintain my operator qualification?
60.2090 How do I renew my lapsed operator qualification?
60.2095 What site-specific documentation is required?
60.2100 What if all the qualified operators are temporarily not 
accessible?

Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

Performance Testing

60.2125 How do I conduct the initial and annual performance test?
60.2130 How are the performance test data used?

Initial Compliance Requirements

60.2135 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
60.2140 By what date must I conduct the initial performance test?
60.2141 By what date must I conduct the initial air pollution 
control device inspection?

Continuous Compliance Requirements

60.2145 How do I demonstrate continuous compliance with the emission 
limitations and the operating limits?
60.2150 By what date must I conduct the annual performance test?
60.2151 By what date must I conduct the annual air pollution control 
device inspection?
60.2155 May I conduct performance testing less often?
60.2160 May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

60.2165 What monitoring equipment must I install and what parameters 
must I monitor?
60.2170 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

60.2175 What records must I keep?
60.2180 Where and in what format must I keep my records?
60.2185 What reports must I submit?
60.2190 What must I submit prior to commencing construction?
60.2195 What information must I submit prior to initial startup?
60.2200 What information must I submit following my initial 
performance test?
60.2205 When must I submit my annual report?
60.2210 What information must I include in my annual report?
60.2215 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.2220 What must I include in the deviation report?
60.2225 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.2230 Are there any other notifications or reports that I must 
submit?
60.2235 In what form can I submit my reports?
60.2240 Can reporting dates be changed?

Title V Operating Permits

60.2242 Am I required to apply for and obtain a Title V operating 
permit for my unit?

Air Curtain Incinerators

60.2245 What is an air curtain incinerator?
60.2250 What are the emission limitations for air curtain 
incinerators?
60.2255 How must I monitor opacity for air curtain incinerators?
60.2260 What are the recordkeeping and reporting requirements for 
air curtain incinerators?

Definitions

60.2265 What definitions must I know?

[[Page 40971]]

Tables to Subpart CCCC

Table 1 to Subpart CCCC of Part 60--Emission Limitations for 
Incinerators for Which Construction Is Commenced After November 30, 
1999, But No Later Than June 4, 2010, or for Which Modification or 
Reconstruction Is Commenced on or After June 1, 2001, But No Later Than 
August 7, 2013

Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers

Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors

Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements

Table 5 to Subpart CCCC of Part 60--Emission Limitations for 
Incinerators That Commenced Construction After June 4, 2010, or That 
Commenced Reconstruction or Modification After August 7, 2013

Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy 
Recovery Units That Commenced Construction After June 4, 2010, or That 
Commenced Reconstruction or Modification After August 7, 2013

Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-
burning Kilns That Commenced Construction After June 4, 2010, or 
Reconstruction or Modification After August 7, 2013

Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, 
Remote Incinerators That Commenced Construction After June 4, 2010, or 
That Commenced Reconstruction or Modification After August 7, 2013

Subpart CCCC--Standards of Performance for Commercial and 
Industrial Solid Waste Incineration Units

Introduction


Sec.  60.2000  What does this subpart do?

    This subpart establishes new source performance standards for 
commercial and industrial solid waste incineration (CISWI) units.


Sec.  60.2005  When does this subpart become effective?

    This subpart takes effect on August 7, 2013. Some of the 
requirements in this subpart apply to planning the CISWI unit (i.e., 
the preconstruction requirements in Sec. Sec.  60.2045 and 60.2050). 
Other requirements such as the emission limitations and operating 
limits apply after the CISWI unit begins operation.

Applicability


Sec.  60.2010  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified 
in paragraphs (a) through (c) of this section:
    (a) Your incineration unit is a new incineration unit as defined in 
Sec.  60.2015;
    (b) Your incineration unit is a CISWI unit as defined in Sec.  
60.2265; and
    (c) Your incineration unit is not exempt under Sec.  60.2020.


Sec.  60.2015  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any 
of the criteria specified in paragraphs (a)(1) through (3) of this 
section:
    (1) A CISWI unit that commenced construction after June 4, 2010;
    (2) A CISWI unit that commenced reconstruction or modification 
after August 7, 2013; and
    (3) Incinerators and air curtain incinerators, as defined in this 
subpart, that commenced construction after November 30, 1999, but no 
later than June 4, 2010, or that commenced reconstruction or 
modification on or after June 1, 2001, but no later than August 7, 
2013, are considered new incineration units and remain subject to the 
applicable requirements of this subpart until the units become subject 
to the requirements of an approved state plan or federal plan that 
implements subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units).
    (b) This subpart does not affect your CISWI unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units). Such changes do not qualify as reconstruction or modification 
under this subpart.


Sec.  60.2020  What combustion units are exempt from this subpart?

    This subpart exempts the types of units described in paragraphs 
(a), (c) through (i), and (n) of this section, but some units are 
required to provide notifications. Air curtain incinerators are exempt 
from the requirements in this subpart except for the provisions in 
Sec. Sec.  60.2242, 60.2250, and 60.2260.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste as defined in Sec.  60.2265 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(a)(1) and (2) of this section:
    (1) Notify the Administrator that the unit meets these criteria; 
and
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
subject to subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); subpart AAAA of this part (Standards of Performance for 
Small Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Small Municipal Waste Combustion Units).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ce of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (4) of this 
section:
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C));
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity;
    (3) You submit documentation to the Administrator notifying the EPA 
that the qualifying small power production facility is combusting 
homogenous waste; and
    (4) You maintain the records specified in Sec.  60.2175(w).
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (4) of this section:
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B));
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes;
    (3) You submit documentation to the Administrator notifying the 
Agency that

[[Page 40972]]

the qualifying cogeneration facility is combusting homogenous waste; 
and
    (4) You maintain the records specified in Sec.  60.2175(x).
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under Sec.  60.2242 
and under ``Air Curtain Incinerators'' (Sec. Sec.  60.2245 through 
60.2260):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j)-(l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for New Sewage Sludge 
Incineration Units) or subpart MMMM of this part (Emission Guidelines 
and Compliance Times for Existing Sewage Sludge Incineration Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of this part (Standards of Performance for 
Other Solid Waste Incineration Units for Which Construction is 
Commenced After December 9, 2004, or for Which Modification or 
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF 
of this part (Emission Guidelines and Compliance Times for Other Solid 
Waste Incineration Units That Commenced Construction On or Before 
December 9, 2004).


Sec.  60.2030  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your state, local, or tribal agency. If the EPA Administrator has 
delegated authority to your state, local, or tribal agency, then that 
agency (as well as EPA) has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if 
this subpart is delegated to your state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency, the authorities contained 
in paragraph (c) of this section are retained by the EPA Administrator 
and are not transferred to the state, local, or tribal agency.
    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) and 
(c)(6) through (11) of this section:
    (1) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec.  60.2110;
    (2) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Approval of major alternatives to recordkeeping and reporting;
    (5) [Reserved]
    (6) The requirements in Sec.  60.2115;
    (7) The requirements in Sec.  60.2100(b)(2);
    (8) Approval of alternative opacity emission limits in Sec.  
60.2105 under Sec.  60.11(e)(6) through (8);
    (9) Performance test and data reduction waivers under Sec.  
60.2125(j), Sec.  60.8(b)(4) and (5);
    (10) Determination of whether a qualifying small power production 
facility or cogeneration facility under Sec.  60.2020(e) or (f) is 
combusting homogenous waste; and
    (11) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.


Sec.  60.2035  How are these new source performance standards 
structured?

    These new source performance standards contain the eleven major 
components listed in paragraphs (a) through (k) of this section:
    (a) Preconstruction siting analysis;
    (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; and
    (k) Tables.


Sec.  60.2040  Do all eleven components of these new source performance 
standards apply at the same time?

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

Preconstruction Siting Analysis


Sec.  60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of an incinerator after December 1, 2000.
    (b) You must prepare a siting analysis for CISWI units that 
commenced construction after June 4, 2010, or that commenced 
reconstruction or modification after August 7, 2013.
    (c) You must prepare a siting analysis if you are required to 
submit an initial application for a construction permit under 40 CFR 
part 51, subpart I, or 40 CFR part 52, as applicable, for the 
reconstruction or modification of your CISWI unit.


Sec.  60.2050  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, the analysis may 
consider costs, energy impacts, nonair environmental impacts, or any 
other factors related to the practicability of the alternatives.
    (b) Analyses of your CISWI unit's impacts that are prepared to 
comply with state, local, or other federal regulatory requirements may 
be used to satisfy the requirements of this section, provided they 
include the consideration of air pollution control alternatives 
specified in paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec.  60.2190(c) prior to commencing 
construction.

Waste Management Plan


Sec.  60.2055  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.

[[Page 40973]]

Sec.  60.2060  When must I submit my waste management plan?

    (a) You must submit a waste management plan prior to commencing 
construction.
    (b) For CISWI units that commence reconstruction or modification 
after August 7, 2013, you must submit a waste management plan prior to 
the commencement of modification or reconstruction.


Sec.  60.2065  What should I include in my waste management plan?

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

Operator Training and Qualification


Sec.  60.2070  What are the operator training and qualification 
requirements?

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified CISWI 
unit operator may operate the CISWI unit directly or be the direct 
supervisor of one or more other plant personnel who operate the unit. 
If all qualified CISWI unit operators are temporarily not accessible, 
you must follow the procedures in Sec.  60.2100.
    (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 eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) 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) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions;
    (viii) Bottom and fly ash characteristics and handling procedures;
    (ix) Applicable federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards;
    (x) Pollution prevention; and
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.


Sec.  60.2075  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
three dates specified in paragraphs (a) through (c) of this section:
    (a) Six months after your CISWI unit startup;
    (b) December 3, 2001; and
    (c) The date before an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec.  60.2080  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2070(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec.  60.2070(c)(2).


Sec.  60.2085  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) Prevention and correction of malfunctions or conditions that 
may lead to malfunction; and
    (e) Discussion of operating problems encountered by attendees.


Sec.  60.2090  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section:
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  60.2085; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2080(a).


Sec.  60.2095  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request:
    (1) Summary of the applicable standards under this subpart;
    (2) Procedures for receiving, handling, and charging waste;
    (3) Incinerator startup, shutdown, and malfunction procedures;
    (4) Procedures for maintaining proper combustion air supply levels;
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart;
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits;
    (7) Reporting and recordkeeping procedures;
    (8) The waste management plan required under Sec. Sec.  60.2055 
through 60.2065;
    (9) Procedures for handling ash; and
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator:
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted within 6 months after the effective 
date of this subpart or prior to an employee's assumption of 
responsibilities for operation of the CISWI unit, whichever date is 
later; and
    (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:

[[Page 40974]]

    (1) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  60.2095(a) as required by 
Sec.  60.2095(b), including the date of the initial review and all 
subsequent annual reviews;
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2070, met 
the criteria for qualification under Sec.  60.2080, and maintained or 
renewed their qualification under Sec.  60.2085 or Sec.  60.2090. 
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; and
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  60.2100  What if all the qualified operators are temporarily not 
accessible?

    If all qualified operators are temporarily not accessible (i.e., 
not at the facility and not able to be at the facility within 1 hour), 
you must meet one of the two criteria specified in paragraphs (a) and 
(b) of this section, depending on the length of time that a qualified 
operator is not accessible:
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec.  60.2095(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  60.2210; and
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section:
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible; and
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to 
continue operation of the CISWI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation 
under paragraph (b)(1) of this section. If the Administrator notifies 
you that your request to continue operation of the CISWI unit is 
disapproved, the CISWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (b)(2)(i) and (ii) of this section:
    (i) A qualified operator is accessible as required under Sec.  
60.2070(a); and
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Emission Limitations and Operating Limits


Sec.  60.2105  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 1 of this subpart or 
tables 5 through 8 of this subpart by the applicable date in Sec.  
60.2140. You must be in compliance with the emission limitations of 
this subpart that apply to you at all times.
    (b) An incinerator or air curtain incinerator that commenced 
construction after November 30, 1999, but no later than June 4, 2010, 
or that commenced reconstruction or modification on or after June 1, 
2001 but no later than August 7, 2013, must continue to meet the 
emission limits in table 1 of this subpart for units in the incinerator 
subcategory and Sec.  60.2250 for air curtain incinerators until the 
units become subject to the requirements of an approved state plan or 
federal plan that implements subpart DDDD of this part (Emission 
Guidelines and Compliance Times for Commercial and Industrial Solid 
Waste Incineration Units).


Sec.  60.2110  What operating limits must I meet and by when?

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 2 of this subpart) as 
described in paragraphs (a)(1) through (4) of this section during the 
initial performance test:
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii) of this section, as 
appropriate:
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations; and
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour 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 lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations;
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations; and
    (4) Minimum scrubber liquor pH, which is calculated as the lowest 
1-hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your CISWI unit reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup.
    (c) If you use a fabric filter to comply with the emission 
limitations and you do not use a PM CPMS for monitoring PM compliance, 
you must operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during a 6-month period. In calculating this operating 
time percentage, if inspection of the fabric filter demonstrates that 
no corrective action is required, no alarm time is counted. If 
corrective action is required, each alarm shall be counted as a minimum 
of 1 hour. If you take longer than 1 hour to initiate corrective 
action, the alarm time shall be counted as the actual amount of time 
taken by you to initiate corrective action.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations and you do not use a PM CPMS for monitoring PM 
compliance, you must measure the (secondary) voltage and amperage of 
the electrostatic precipitator collection plates during the particulate 
matter performance test. Calculate the average

[[Page 40975]]

electric power value (secondary voltage x secondary current = secondary 
electric power) for each test run. The operating limit for the 
electrostatic precipitator is calculated as the lowest 1-hour average 
secondary electric power measured during the most recent performance 
test demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with 
the emission limitations, you must measure the sorbent flow rate during 
the performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lower secondary chamber 
temperature, and lowest reagent flow rate measured during the most 
recent performance test demonstrating compliance with the nitrogen 
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
or each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at 
lower loads, multiply your sorbent injection rate by the load fraction, 
as defined in this subpart, to determine the required injection rate 
(e.g., for 50 percent load, multiply the injection rate operating limit 
by 0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, 
or fabric filter to comply with the emission limitations, and if you do 
not determine compliance with your particulate matter emission 
limitation with either a particulate matter CEMS or a particulate 
matter CPMS, you must maintain opacity to less than or equal to 10 
percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section:
    (1) Determine your operating limit as the average PM CPMS output 
value recorded during the performance test or at a PM CPMS output value 
corresponding to 75 percent of the emission limit if your PM 
performance test demonstrates compliance below 75 percent of the 
emission limit. You must verify an existing or establish a new 
operating limit after each repeated performance test. You must repeat 
the performance test annually and reassess and adjust the site-specific 
operating limit in accordance with the results of the performance test:
    (i) Your PM CPMS must provide a 4-20 milliamp output, or digital 
equivalent, and the establishment of its relationship to manual 
reference method measurements must be determined in units of milliamps;
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS is an auto-ranging 
instrument capable of multiple scales, the primary range of the 
instrument must be capable of reading PM concentration from zero to a 
level equivalent to two times your allowable emission limit; and
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values, or their digital equivalent, 
from the PM CPMS for the periods corresponding to the compliance test 
runs (e.g., average all your PM CPMS output values for three 
corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below 
75 percent of your PM emission limit, you must calculate an operating 
limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
output values corresponding to the three compliance test runs, and the 
average PM concentration from the Method 5 or performance test with the 
procedures in (i)(1) through (5) of this section:
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench;
    (B) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air;
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your 
source is combusting only natural gas) and plotting these with the 
compliance data to find the zero intercept; and
    (D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TR23JN16.000

Where:
X1 = the PM CPMS output data points for the three runs 
constituting the performance test,
Y1 = the PM concentration value for the three runs 
constituting the performance test, and
n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, or the 
digital equivalent, your three run average PM CPMS milliamp value, or 
its digital equivalent, and your three run average PM concentration 
from your three compliance tests, determine a

[[Page 40976]]

relationship of mg/dscm per milliamp or digital signal equivalent with 
equation 2:
[GRAPHIC] [TIFF OMITTED] TR23JN16.001

Where:
R = the relative mg/dscm per milliamp or digital equivalent for your 
PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp or digital signal 
output from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument 
zero determined from paragraph (2)(i) of this section.

    (iv) Determine your source specific 30-day rolling average 
operating limit using the mg/dscm per milliamp or digital value from 
equation 2 in equation 3, below. This sets your operating limit at the 
PM CPMS output value corresponding to 75 percent of your emission 
limit:
[GRAPHIC] [TIFF OMITTED] TR23JN16.002

Where:
Ol = the operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or the digital equivalent, 
determined from paragraph (2)(i) of this secction, and
R = the relative mg/dscm per milliamp or digital signal output 
equivalent for your PM CPMS, from equation 2.

    (3) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp or digital signal 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 4 and you 
must submit all compliance test and PM CPMS data according to the 
reporting requirements in paragraph (i)(5) of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.003

Where:
X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or 
digital signal equivalent.

    (4) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (e.g., milliamps or 
digital signal bits, PM concentration, raw data signal) on a 30-day 
rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g., beta 
attenuation), span of the instruments primary analytical range, 
milliamp or digital signal value equivalent to the instrument zero 
output, technique by which this zero value was determined, and the 
average milliamp or digital signals corresponding to each PM compliance 
test run.


Sec.  60.2115  What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or 
limit emissions in some other manner, including material balances, to 
comply with the emission limitations under Sec.  60.2105, you must 
petition the EPA Administrator for specific operating limits to be 
established during the initial performance test and continuously 
monitored thereafter. You must submit the petition at least sixty days 
before the performance test is scheduled to begin. Your petition must 
include the five items listed in paragraphs (a) through (e) of this 
section:
    (a) Identification of the specific parameters you propose to use as 
additional operating limits;
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants;
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits 
on these parameters;
    (d) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well 
as the relative accuracy and precision of these methods and 
instruments; and
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.

Performance Testing


Sec.  60.2125  How do I conduct the initial and annual performance 
test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by

[[Page 40977]]

maintaining a log of the quantity of waste burned (as required in Sec.  
60.2175(b)(1)) and the types of waste burned during the performance 
test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in table 1 of this subpart or tables 5 through 8 of 
this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.004


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

    (g) You must determine dioxins/furans toxic equivalency by 
following the procedures in paragraphs (g)(1) through (4) of this 
section:
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.);
    (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer 
measured in accordance with paragraphs (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic 
equivalency factor specified in table 3 of this subpart; and
    (4) Sum the products calculated in accordance with paragraph (g)(3) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be 
used to determine compliance with the fugitive ash emission limit in 
table 1 of this subpart or tables 5 through 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4, based on three 1-hour blocks consisting of ten 
6-minute average opacity values, unless you are required to install a 
continuous opacity monitoring system, consistent with Sec. Sec.  
60.2145 and 60.2165.
    (j) You must determine dioxins/furans total mass basis by following 
the procedures in paragraphs (j)(1) through (3) of this section:
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.); and
    (3) Sum the quantities measured in accordance with paragraphs 
(j)(1) and (2) of this section to obtain the total concentration of 
dioxins/furans emitted in terms of total mass basis.


Sec.  60.2130  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 or tables 5 through 
8 of this subpart.

Initial Compliance Requirements


Sec.  60.2135  How do I demonstrate initial compliance with the 
emission limitations and establish the operating limits?

    You must conduct a performance test, as required under Sec. Sec.  
60.2125 and 60.2105 to determine compliance with the emission 
limitations in table 1 of this subpart or tables 5 through 8 of this 
subpart, to establish compliance with any opacity operating limit in 
Sec.  60.2110, to establish the kiln-specific emission limit in Sec.  
60.2145(y), as applicable, and to establish operating limits using the 
procedures in Sec. Sec.  60.2110 or 60.2115. The performance test must 
be conducted using the test methods listed in table 1 of this subpart 
or tables 5 through 8 of this subpart and the procedures in Sec.  
60.2125. The use of the bypass stack during a performance test shall 
invalidate the performance test. You must conduct a performance 
evaluation of each continuous monitoring system within 60 days of 
installation of the monitoring system.


Sec.  60.2140  By what date must I conduct the initial performance 
test?

    (a) The initial performance test must be conducted within 60 days 
after your CISWI unit reaches the charge rate at which it will operate, 
but no later than 180 days after its initial startup.
    (b) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility, and 
you conducted a test consistent with the provisions of this subpart 
while combusting the solid waste within the 6 months preceding the 
reintroduction of that solid waste in the combustion chamber, you do 
not need to retest until 6 months from the date you reintroduce that 
solid waste.
    (c) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you have not conducted a performance test consistent with the 
provisions of this subpart while combusting the solid waste within the 
6 months preceding the reintroduction of that solid waste in the 
combustion chamber, you must conduct a performance test within 60 days 
from the date you reintroduce that solid waste.


Sec.  60.2141  By what date must I conduct the initial air pollution 
control device inspection?

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the device's initial startup.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless the 
owner or operator obtains written approval from the state agency 
establishing a date whereby all

[[Page 40978]]

necessary repairs of the designated facility must be completed.

Continuous Compliance Requirements


Sec.  60.2145  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) Compliance with standards. (1) The emission standards and 
operating requirements set forth in this subpart apply at all times;
    (2) If you cease combusting solid waste, you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time);
    (3) If you cease combusting solid waste, you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a 
date selected by you, that must be at least 6 months from the date that 
you ceased combusting solid waste, consistent with Sec.  60.2145(a)(2). 
Your source must remain in compliance with this subpart until the 
effective date of the waste-to-fuel switch;
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to 
the provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits; and
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch. All calibration and drift 
checks must be performed as of the effective date of the waste-to-fuel, 
or fuel-to-waste switch. Relative accuracy tests must be performed as 
of the performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed consistent with Clean Air Act 
section 112 monitoring requirements or monitoring requirements under 
this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 1 of this subpart or tables 5 through 8 of this subpart 
and opacity for each CISWI unit as required under Sec.  60.2125. The 
annual performance test must be conducted using the test methods listed 
in table 1 of this subpart or tables 5 through 8 of this subpart and 
the procedures in Sec.  60.2125. Annual performance tests are not 
required if you use CEMS or continuous opacity monitoring systems to 
determine compliance.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.2110 or established under Sec.  60.2115 and as 
specified in Sec.  60.2170. Use 3-hour block average values to 
determine compliance (except for baghouse leak detection system alarms) 
unless a different averaging period is established under Sec.  60.2115 
or, for energy recovery units, where the averaging time for each 
operating parameter is a 30-day rolling, calculated each hour as the 
average of the previous 720 operating hours. Operation above the 
established maximum, below the established minimum, or outside the 
allowable range of operating limits specified in paragraph (a) of this 
section constitutes a deviation from your operating limits established 
under this subpart, except during performance tests conducted to 
determine compliance with the emission and operating limits or to 
establish new operating limits. Operating limits are confirmed or 
reestablished during performance tests.
    (d) You must burn only the same types of waste and fuels used to 
establish subcategory applicability (for energy recovery units) and 
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote 
units, you must perform an annual visual emissions test for ash 
handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity (except where particulate matter CEMS or 
continuous opacity monitoring systems are used are used) and the 
pollutants listed in table 6 of this subpart.
    (g) You may elect to demonstrate continuous compliance with the 
carbon monoxide emission limit using a carbon monoxide CEMS according 
to the following requirements:
    (1) You must measure emissions according to Sec.  60.13 to 
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. 
CEMS data during startup and shutdown, as defined in this subpart, are 
not corrected to 7 percent oxygen, and are measured at stack oxygen 
content. You must demonstrate initial compliance with the carbon 
monoxide emissions limit using a 30-day rolling average of these 1-hour 
arithmetic average emission concentrations, including CEMS data during 
startup and shutdown as defined in this subpart, calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 of this part; and
    (2) Operate the carbon monoxide CEMS in accordance with the 
requirements of performance specification 4A of appendix B of this part 
and quality assurance procedure 1 of appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with average annual 
heat input rates greater than or equal to 250 MMBtu/hr may elect to 
demonstrate continuous compliance with the particulate matter emissions 
limit using a particulate matter CEMS according to the procedures in 
Sec.  60.2165(n) instead

[[Page 40979]]

of the particulate matter continuous parameter monitoring system (CPMS) 
specified in Sec.  60.2145. Coal and liquid/gas energy recovery units 
with annual average heat input rates less than 250 MMBtu/hr, 
incinerators, and small remote incinerators may also elect to 
demonstrate compliance using a particulate matter CEMS according to the 
procedures in Sec.  60.2165(n) instead of particulate matter testing 
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, 
the continuous opacity monitoring requirements in paragraph (i) of this 
section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you 
must install, operate, certify and maintain a continuous opacity 
monitoring system (COMS) according to the procedures in Sec.  60.2165.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for cadmium, lead, dioxins/furans and hydrogen chloride as listed 
in table 7 of this subpart. If you do not use an acid gas wet scrubber 
or dry scrubber, you must determine compliance with the hydrogen 
chloride emissions limit according to the requirements in paragraph 
(j)(1) of this section. You must determine compliance with the mercury 
emissions limit using a mercury CEMS according to paragraph (j)(2) of 
this section. You must determine compliance with nitrogen oxides, 
sulfur dioxide, and carbon monoxide using CEMS. You must determine 
compliance with particulate matter using CPMS:
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of 
appendix B to 40 CFR part 60. You must operate, maintain, and quality 
assure a HCl CEMS installed and certified under PS 15 according to the 
quality assurance requirements in Procedure 1 of appendix F to 40 CFR 
part 60 except that the Relative Accuracy Test Audit requirements of 
Procedure 1 must be replaced with the validation requirements and 
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, 
maintain and quality assure a HCl CEMS installed and certified under PS 
18 according to the quality assurance requirements in Procedure 6 of 
appendix F to 40 CFR part 60. For any performance specification that 
you use, you must use Method 321 of appendix A to 40 CFR part 63 as the 
reference test method for conducting relative accuracy testing. The 
span value and calibration requirements in paragraphs (j)(1)(i) and 
(ii) of this section apply to all HCl CEMS used under this subpart:
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw unless the monitor is installed on a kiln without an inline raw 
mill. Kilns without an inline raw mill may use a higher span value 
sufficient to quantify all expected emissions concentrations. The HCl 
CEMS data recorder output range must include the full range of expected 
HCl concentration values which would include those expected during 
``mill off'' conditions. The corresponding data recorder range shall be 
documented in the site-specific monitoring plan and associated records;
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (j)(1)(ii)(A) 
through (C) of this section:
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 ppm of 
total HCl. The requirements of the appropriate HCl monitor performance 
specification shall be followed for this second span with the exception 
that a RATA with the mill off is not required;
    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(j)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference gas with a certified value greater than your 
highest expected hourly concentration or greater than 75% of the 
highest measured hourly concentration. The ``above span'' reference gas 
must meet the requirements of the applicable performance specification 
and must be introduced to the measurement system at the probe. Record 
and report the results of this procedure as you would for a daily 
calibration. The ``above span linearity'' challenge is successful if 
the value measured by the HCl CEMS falls within 10 percent of the 
certified value of the reference gas. If the value measured by the HCl 
CEMS during the above span linearity challenge exceeds 10 percent of 
the certified value of the reference gas, the monitoring system must be 
evaluated and repaired and a new ``above span linearity'' challenge met 
before returning the HCl CEMS to service, or data above span from the 
HCl CEMS must be subject to the quality assurance procedures 
established in (j)(1)(ii)(D) of this section. In this manner values 
measured by the HCl CEMS during the above span linearity challenge 
exceeding +/-20 percent of the certified value of the reference gas 
must be normalized using equation 6;
    (C) Quality assure any data above the span value established in 
paragraph (j)(1)(i) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of HCl 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' HCl reference gas standard to the 
HCl CEMS. The ``above span'' reference gas must meet the requirements 
of the applicable performance specification and target a concentration 
level between 50 and 150 percent of the highest expected hourly 
concentration measured during the period of measurements above span, 
and must be introduced at the probe. While this target represents a 
desired concentration range that is not always achievable in practice, 
it is expected that the intent to meet this range is demonstrated by 
the value of the reference gas. Expected values may include above span 
calibrations done before or after the above-span measurement period. 
Record and report the results of this procedure as you would for a 
daily calibration. The ``above span'' calibration is successful if the 
value measured by the HCl CEMS is within 20 percent of the certified 
value of the reference gas. If the value measured by the HCl CEMS is 
not within 20 percent of the certified value of the reference gas, then 
you must normalize the stack gas values measured above span as 
described in paragraph (j)(1)(ii)(D) of this section. If the ``above 
span'' calibration is conducted during the period when measured 
emissions are above span and there is a failure to collect the one data 
point in an hour due to the calibration duration, then you must 
determine the emissions average for that missed hour as the average of 
hourly averages for the hour preceding the missed hour and the hour 
following the missed hour. In an hour where an ``above span'' 
calibration is being conducted and one or more data points are 
collected, the emissions average is represented by the average of all 
valid data points collected in that hour;
    (D) In the event that the ``above span'' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must normalize 
the one-hour average stack gas values measured above the span during 
the 24-hour period preceding or following the ``above span'' 
calibration for reporting based on the HCl CEMS response to the 
reference gas as shown in equation 6:

[[Page 40980]]

[GRAPHIC] [TIFF OMITTED] TR23JN16.005

    Only one ``above span'' calibration is needed per 24-hour period.
    (2) Compliance with the mercury emissions limit must be determined 
using a mercury CEMS according to the following requirements:
    (i) You must operate a CEMS system in accordance with performance 
specification 12A of 40 CFR part 60, appendix B or a sorbent trap based 
integrated monitor in accordance with performance specification 12B of 
40 CFR part 60, appendix B. The duration of the performance test must 
be a calendar month. For each calendar month in which the waste-burning 
kiln operates, hourly mercury concentration data, and stack gas 
volumetric flow rate data must be obtained. You must demonstrate 
compliance with the mercury emissions limit using a 30-day rolling 
average of these 1-hour mercury concentrations, including CEMS data 
during startup and shutdown as defined in this subpart, calculated 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7 of this part. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content;
    (ii) Owners or operators using a mercury CEMS must install, 
operate, calibrate, and maintain an instrument for continuously 
measuring and recording the mercury mass emissions rate to the 
atmosphere according to the requirements of performance specifications 
6 and 12A of 40 CFR part 60, appendix B, and quality assurance 
procedure 6 of 40 CFR part 60, appendix F; and
    (iii) The owner or operator of a waste-burning kiln must 
demonstrate initial compliance by operating a mercury CEMS while the 
raw mill of the in-line kiln/raw mill is operating under normal 
conditions and including at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation; 
and.
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec.  60.13(i).
    (l) For each continuous monitoring system required in this section, 
you must develop and submit to the EPA Administrator for approval a 
site-specific monitoring plan according to the requirements of this 
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this 
section:
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system:
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer 
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations);
    (iv) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec.  60.11(d);
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f), and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring 
plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section:
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow;
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent;
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances; and
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in 
paragraphs (l) and (n)(1) through (6) of this section:
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop);
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion;
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the 
pressure monitoring system operating range, whichever is less;
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap plugging daily);
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually; and
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section:
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH;
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured;
    (3) Conduct a performance evaluation of the pH monitoring system in

[[Page 40981]]

accordance with your monitoring plan at least once each process 
operating day; and
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 
of the pH of the operating limit) of the pH monitoring system in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this 
section:
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates; and
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) and (2) of this section:
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate; and
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system 
to comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section:
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter;
    (2) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less;
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec.  60.17);
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor; and
    (5) Use a bag leak detection system equipped with a system that 
will sound an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec.  
60.2165 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of 
this part. The sulfur dioxide CEMS must be operated according to 
performance specification 2 in appendix B of this part and must follow 
the procedures and methods specified in paragraph (s) of this section. 
For sources that have actual inlet emissions less than 100 parts per 
million dry volume, the relative accuracy criterion for inlet sulfur 
dioxide CEMS should be no greater than 20 percent of the mean value of 
the reference method test data in terms of the units of the emission 
standard, or 5 parts per million dry volume absolute value of the mean 
difference between the reference method and the CEMS, whichever is 
greater:
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of this part, collect sulfur 
dioxide and oxygen (or carbon dioxide) data concurrently (or within a 
30- to 60-minute period) with both the CEMS and the test methods 
specified in paragraphs (s)(1)(i) and (ii) of this section:
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec.  60.17) must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec.  60.17), must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this subpart. 
The span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this subpart.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous 
compliance with the nitrogen oxides emission limit, compliance with the 
nitrogen oxides emission limit may be demonstrated by using the CEMS 
specified in Sec.  60.2165 to measure nitrogen oxides. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. You must 
calculate a 30-day rolling average of the 1-hour arithmetic average 
emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of 
this part. The nitrogen oxides CEMS must be operated according to 
performance specification 2 in appendix B of this part and must follow 
the procedures and methods specified in paragraphs (t)(1) through (4) 
of this section:
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of this part, collect 
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or 
within a 30- to 60-minute period) with both the CEMS and the test 
methods specified in paragraphs (t)(1)(i) and (ii) of this section:
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR 
part 60, appendix A-4 must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec.  60.17), as applicable, 
must be used.
    (2) The span value of the continuous emission monitoring system 
must be 125 percent of the maximum estimated hourly potential nitrogen 
oxide emissions of the unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that

[[Page 40982]]

compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through (iv) 
of this section. This relationship may be re-established during 
performance compliance tests:
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-
1981 (incorporated by reference, see Sec.  60.17), as applicable, must 
be used to determine the oxygen concentration at the same location as 
the carbon dioxide monitor;
    (ii) Samples must be taken for at least 30 minutes in each hour;
    (iii) Each sample must represent a 1-hour average; and
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a CEMS to demonstrate continuous 
compliance with any of the emission limits of this subpart, you must 
complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of 
this part. CEMS data during startup and shutdown, as defined in the 
subpart, are not corrected to 7 percent oxygen, and are measured at 
stack oxygen content; and
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain a oxygen analyzer system as 
defined in Sec.  60.2265 according to the procedures in paragraphs 
(w)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2140;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during 
the most recent CO performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (x)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with paragraphs (l) and (x)(1)(i) through 
(iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation detection of the exhaust gas or 
representative sample. The reportable measurement output from the PM 
CPMS must be expressed as milliamps or the digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or their digital 
equivalent).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;

[[Page 40983]]

    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional 
testing for any deviations that occur between the time of the original 
deviation and the PM emissions compliance test required under paragraph 
(x) of this section; and
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack(s), the combined emissions 
are subject to the emission limits applicable to waste-burning kilns. 
To determine the kiln-specific emission limit for demonstrating 
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 7:

    [GRAPHIC] [TIFF OMITTED] TR23JN16.006
    
    [GRAPHIC] [TIFF OMITTED] TR23JN16.007
    

Where:Cks = Kiln stack concentration (ppmvd, mgdscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O2.)
Qks = Kiln stack flow rate (volume/hr)

    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill; and
    (3) For purposes of determining the combined emissions from kilns 
equipped with an alkali bypass or that exhaust kiln gases to a coal 
mill that exhausts through a separate stack, instead of installing a 
CEMS or PM CPMS on the alkali bypass stack or in-line coal mill stack, 
the results of the initial and subsequent performance test can be used 
to demonstrate compliance with the relevant emissions limit. A 
performance test must be conducted on an annual basis (between 11 and 
13 calendar months following the previous performance test).


Sec.  60.2150  By what date must I conduct the annual performance test?

    You must conduct annual performance tests between 11 and 13 months 
of the previous performance test.


Sec.  60.2151  By what date must I conduct the annual air pollution 
control device inspection?

    On an annual basis (no more than 12 months following the previous 
annual air pollution control device inspection), you must complete the 
air pollution control device inspection as described in Sec.  60.2141.


Sec.  60.2155  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  60.2150, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward, as specified in Sec.  60.2160. The Administrator may request a 
repeat performance test at any time;
    (2) You must repeat the performance test within 60 days of a 
process change, as defined in Sec.  60.2265;
    (3) If the initial or any subsequent performance test for any 
pollutant in table 1 or tables 5 through 8 of this subpart, as 
applicable, demonstrates that the emission level for the pollutant is 
no greater than the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as
    (i) For particulate matter, hydrogen chloride, mercury, nitrogen 
oxides, sulfur dioxide, cadmium, lead and dioxins/furans, the emission 
level equal to 75 percent of the applicable emission limit in table 1 
or tables 5 through 8 of this subpart, as applicable, to this subpart; 
and
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observations periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved]


Sec.  60.2160  May I conduct a repeat performance test to establish new 
operating limits?

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

Monitoring


Sec.  60.2165  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec.  60.2105, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 
2 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in table 2 of this subpart at all times except as specified in Sec.  
60.2170(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart and you do not use a PM CPMS for monitoring PM compliance, 
you must install, calibrate, maintain, and continuously operate a bag 
leak

[[Page 40984]]

detection system as specified in paragraphs (b)(1) through (8) of this 
section:
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter;
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations;
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less;
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings;
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor;
    (6) The bag leak detection system must be equipped with an alarm 
system that will alert automatically an operator when an increase in 
relative particulate matter emissions over a preset level is detected. 
The alarm must be located where it is observed easily by plant 
operating personnel;
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or 
cell. For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter; and
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec.  60.2105, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  60.2115.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.2125, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature (if applicable to your CISWI unit) or the minimum reagent 
flow rate measured as 3-hour block averages at all times; and
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart and you do not use a PM CPMS for 
monitoring PM compliance, you must monitor the secondary power to the 
electrostatic precipitator collection plates and maintain the 3-hour 
block averages at or above the operating limits established during the 
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry 
scrubber, in place of hydrogen chloride testing with EPA Method 321 at 
40 CFR part 63, appendix A, an owner or operator must install, 
calibrate, maintain, and operate a CEMS for monitoring hydrogen 
chloride emissions, as specified in Sec.  60.2145(j) of this subpart, 
discharged to the atmosphere and record the output of the system. To 
demonstrate continuous compliance with the hydrogen chloride emissions 
limit for units other than waste-burning kilns not equipped with a wet 
scrubber or dry scrubber, a facility may substitute use of a hydrogen 
chloride CEMS for conducting the hydrogen chloride annual performance 
test, monitoring the minimum hydrogen chloride sorbent flow rate, 
monitoring the minimum scrubber liquor pH, and monitoring minimum 
injection rate.
    (h) To demonstrate continuous compliance with the particulate 
matter emissions limit, a facility may substitute use of either a 
particulate matter CEMS or a particulate matter CPMS for conducting the 
PM annual performance test and using other CMS for monitoring PM 
compliance (e.g., bag leak detectors, ESP secondary power, PM scrubber 
pressure).
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the dioxin/furan annual performance test. 
You must record the output of the system and analyze the sample 
according to EPA Method 23 at 40 CFR part 60, appendix A-7 of this 
part. This option to use a continuous automated sampling system takes 
effect on the date a final performance specification applicable to 
dioxin/furan from continuous monitors is published in the Federal 
Register. The owner or operator who elects to continuously sample 
dioxin/furan emissions instead of sampling and testing using EPA Method 
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain, 
and operate a continuous automated sampling system and must comply with 
the requirements specified in Sec.  60.58b(p) and (q). A facility may 
substitute continuous dioxin/furan monitoring for the minimum sorbent 
flow rate, if activated carbon sorbent injection is used solely for 
compliance with the dioxin/furan emission limit.
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance 
specification 12B. The owner or operator who elects to continuously 
sample mercury emissions instead of sampling and testing using EPA 
Reference Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-
02 (Reapproved 2008) (incorporated by reference, see Sec.  60.17), or 
an approved alternative method for measuring mercury emissions, must 
install, calibrate, maintain, and operate a continuous automated 
sampling system and must comply with performance specification 12A and 
quality assurance procedure 5, as well as the requirements specified in 
Sec.  60.58b(p) and (q). A facility may substitute continuous mercury 
monitoring for the minimum sorbent flow rate, if activated carbon 
sorbent injection is used solely for compliance with the mercury 
emission limit. Waste-burning kilns must install, calibrate, maintain, 
and operate a mercury CEMS as specified in Sec.  60.2145(j).
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a CEMS for the 
nitrogen oxides annual performance test to demonstrate compliance with 
the nitrogen oxides emissions limits and monitoring the charge rate, 
secondary chamber temperature, and reagent flow for selective 
noncatalytic reduction, if applicable:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
nitrogen oxides emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance

[[Page 40985]]

procedure one of appendix F of this part and the procedures under Sec.  
60.13 must be followed for installation, evaluation, and operation of 
the CEMS; and
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec.  
60.2125, compliance with the emission limit for nitrogen oxides 
required under Sec.  60.52b(d) must be determined based on the 30-day 
rolling average of the hourly emission concentrations using CEMS outlet 
data. The 1-hour arithmetic averages must be expressed in parts per 
million by volume corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average concentrations. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the sulfur dioxide annual performance 
test to demonstrate compliance with the sulfur dioxide emissions 
limits:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance requirements of 
procedure one of appendix F of this part and procedures under Sec.  
60.13 must be followed for installation, evaluation, and operation of 
the CEMS; and
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec.  
60.2125, compliance with the sulfur dioxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data. The 1-hour 
arithmetic averages must be expressed in parts per million corrected to 
7 percent oxygen (dry basis) and used to calculate the 30-day rolling 
average emission concentrations. CEMS data during startup and shutdown, 
as defined in this subpart, are not corrected to 7 percent oxygen, and 
are measured at stack oxygen content. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec.  
60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250 
MMBtu/hr annual average heat input rates that do not use a wet 
scrubber, fabric filter with bag leak detection system, or particulate 
matter CEMS, you must install, operate, certify, and maintain a 
continuous opacity monitoring system according to the procedures in 
paragraphs (m)(1) through (5) of this section by the compliance date 
specified in Sec.  60.2105. Energy recovery units that use a CEMS to 
demonstrate initial and continuing compliance according to the 
procedures in Sec.  60.2165(n) are not required to install a continuous 
opacity monitoring system and must perform the annual performance tests 
for the opacity consistent with Sec.  60.2145(f):
    (1) Install, operate, and maintain each continuous opacity 
monitoring system according to performance specification 1 of 40 CFR 
part 60, appendix B;
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec.  60.13 and 
according to PS-1 of 40 CFR part 60, appendix B;
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period;
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec.  60.13(h)(1); and
    (5) Determine and record all the 6-minute averages (and 1-hour 
block averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, 
and small remote incinerators, an owner or operator may elect to 
install, calibrate, maintain, and operate a CEMS for monitoring 
particulate matter emissions discharged to the atmosphere and record 
the output of the system. The owner or operator of an affected facility 
who continuously monitors particulate matter emissions instead of 
conducting performance testing using EPA Method 5 at 40 CFR part 60, 
appendix A-3 or, as applicable, monitor with a particulate matter CPMS 
according to paragraph (r) of this section, must install, calibrate, 
maintain, and operate a CEMS and must comply with the requirements 
specified in paragraphs (n)(1) through (13) of this section:
    (1) Notify the Administrator 1 month before starting use of the 
system;
    (2) Notify the Administrator 1 month before stopping use of the 
system;
    (3) The monitor must be installed, evaluated, and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
two of appendix F of this part and Sec.  60.13. Use Method 5 or Method 
5I of Appendix A of this part for the PM CEMS correlation testing;
    (4) The initial performance evaluation must be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.2125 or within 180 days of 
notification to the Administrator of use of the continuous monitoring 
system if the owner or operator was previously determining compliance 
by Method 5 performance tests, whichever is later;
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec.  60.2145(t)(4)(i) through 
(iv);
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec.  60.2125. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in paragraph (n) of this section 
to measure particulate matter. You must calculate a 30-day rolling 
average of 1-hour arithmetic average emission concentrations, including 
CEMS data during startup and shutdown, as defined in this subpart, 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7;
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 from the 1-hour arithmetic average CEMS outlet 
data;
    (8) At a minimum, valid continuous monitoring system hourly 
averages must be obtained as specified in Sec.  60.2170(e);
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (dry basis) and must be used to 
calculate the 30-day rolling average emission concentrations. CEMS data 
during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen 
content. The 1-hour arithmetic averages must be calculated using the 
data points required under Sec.  60.13(e)(2);
    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum

[[Page 40986]]

CEMS data requirements of paragraph (n)(8) of this section are not met.
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of this part;
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of this part, particulate 
matter and oxygen (or carbon dioxide) data must be collected 
concurrently (or within a 30- to 60-minute period) by both the CEMS and 
the following test methods:
    (i) For particulate matter, EPA Reference Method 5 must be used; 
and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
as applicable, must be used; and
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, you may substitute use of a continuous automated 
sampling system for the carbon monoxide annual performance test:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation, and operation of the CEMS; and
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec.  
60.2140, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data during startup 
and shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain, 
and operate a device or method for measuring the use of the bypass 
stack including date, time and duration.
    (q) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain a oxygen analyzer system as 
defined in Sec.  60.2265 according to the procedures in paragraphs 
(q)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2140;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (q)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen according 
to paragraph (q)(4) of this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. If you elect to use a particulate matter CEMS as 
specified in paragraph (n) of this section, you are not required to use 
a PM CPMS to monitor particulate matter emissions. For other energy 
recovery units, you may elect to use PM CPMS operated in accordance 
with this section. PM CPMS are suitable in lieu of using other CMS for 
monitoring PM compliance (e.g., bag leak detectors, ESP secondary 
power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with Sec.  60.2145(l) and (r)(1)(i) 
through (iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation detection of PM in the exhaust gas or 
representative sample. The reportable measurement output from the PM 
CPMS must be expressed as milliamps or a digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentration increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or digital bits).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-

[[Page 40987]]

of-control periods are not used in calculations (report emissions or 
operating levels and report any such periods in your annual deviation 
report); and
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify the operation of the emissions control device(s). Within 45 
days of the deviation, you must re-establish the CPMS operating limit. 
You are not required to conduct additional testing for any deviations 
that occur between the time of the original deviation and the PM 
emissions compliance test required under this paragraph; and
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of 
this subpart, you must monitor the injection rate of each sorbent and 
maintain the 3-hour block averages at or above the operating limits 
established during the hydrogen chloride performance test.


Sec.  60.2170  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  60.2165, you must collect data according to this 
section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in 60.2210(o)), and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments). 
A monitoring system malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You are 
required to effect monitoring system repairs in response to monitoring 
system malfunctions or out-of-control periods and to return the 
monitoring system to operation as expeditiously as practicable;
    (b) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. You must use 
all the data collected during all other periods, including data 
normalized for above scale readings, in assessing the operation of the 
control device and associated control system; and
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

Recordkeeping and Reporting


Sec.  60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (x) of this section for a period 
of at least 5 years:
    (a) Calendar date of each record; and
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates;
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable;
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable;
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable;
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec.  60.2110(d) through (g) or 
Sec.  60.2115, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits. For 
energy recovery units using activated carbon injection or a dry 
scrubber, you must also maintain records of the load fraction and 
corresponding sorbent injection rate records;
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
60.2110(c);
    (c)-(d) [Reserved]
    (e) Identification of calendar dates and times for which data show 
a deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec.  
60.2110(d) through (g) or Sec.  60.2115 with a description of the 
deviations, reasons for such deviations, and a description of 
corrective actions taken;
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations;
    (g) All documentation produced as a result of the siting 
requirements of Sec. Sec.  60.2045 and 60.2050;
    (h) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  60.2095(a) as required by 
Sec.  60.2095(b), including the date of the initial review and all 
subsequent annual reviews;
    (i) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2070, met 
the criteria for qualification under Sec.  60.2080, and maintained or 
renewed their qualification under Sec.  60.2085 or Sec.  60.2090. 
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;
    (j) For each qualified operator, the phone and/or pager number at 
which

[[Page 40988]]

they can be reached during operating hours;
    (k) Records of calibration of any monitoring devices as required 
under Sec.  60.2165;
    (l) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment;
    (m) The information listed in Sec.  60.2095(a);
    (n) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required);
    (o) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 1 of this subpart or tables 5 through 8 of 
this subpart, any required maintenance, and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency;
    (p) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems:
    (1) All 6-minute average levels of opacity;
    (2) All 1-hour average concentrations of sulfur dioxide emissions;
    (3) All 1-hour average concentrations of nitrogen oxides emissions;
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (5) All 1-hour average concentrations of particulate matter 
emissions;
    (6) All 1-hour average concentrations of mercury emissions;
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions;
    (8) All 1-hour average percent oxygen concentrations; and
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs;
    (q) Records indicating use of the bypass stack, including dates, 
times, and durations.
    (r) If you choose to stack test less frequently than annually, 
consistent with Sec.  60.2155(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel 
composition and operation of air pollution control equipment that would 
cause emissions of the relevant pollutant to increase within the past 
year.
    (s) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (t) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (v) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec.  241.3(b)(1) of this chapter, you must keep a record which 
documents how the secondary material meets each of the legitimacy 
criteria under Sec.  241.3(d)(1). If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
Sec.  241.3(b)(4) of this chapter, you must keep records as to how the 
operations that produced the fuel satisfies the definition of 
processing in Sec.  241.2 and each of the legitimacy criteria of Sec.  
241.3(d)(1) of this chapter. If the fuel received a non-waste 
determination pursuant to the petition process submitted under Sec.  
241.3(c) of this chapter, you must keep a record that documents how the 
fuel satisfies the requirements of the petition process. For operating 
units that combust non-hazardous secondary materials as fuel per Sec.  
241.4, you must keep records documenting that the material is a listed 
non-waste under Sec.  241.4(a).
    (w) Records of the criteria used to establish that 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)) and that the waste 
material the unit is proposed to burn is homogeneous.
    (x) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material 
the unit is proposed to burn is homogeneous.


Sec.  60.2180  Where and in what format must I keep my records?

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


Sec.  60.2185  What reports must I submit?

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


Sec.  60.2190  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction 
that includes the five items listed in paragraphs (a) through (e) of 
this section:
    (a) A statement of intent to construct;
    (b) The anticipated date of commencement of construction;
    (c) All documentation produced as a result of the siting 
requirements of Sec.  60.2050;
    (d) The waste management plan as specified in Sec. Sec.  60.2055 
through 60.2065; and
    (e) Anticipated date of initial startup.


Sec.  60.2195  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup:
    (a) The type(s) of waste to be burned;
    (b) The maximum design waste burning capacity;
    (c) The anticipated maximum charge rate;
    (d) If applicable, the petition for site-specific operating limits 
under Sec.  60.2115; and
    (e) The anticipated date of initial startup.


Sec.  60.2200  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager:
    (a) The complete test report for the initial performance test 
results obtained under Sec.  60.2135, as applicable;
    (b) The values for the site-specific operating limits established 
in Sec.  60.2110 or Sec.  60.2115; and
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  60.2165(b).


Sec.  60.2205  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.2200. You must submit 
subsequent reports no more than 12 months following the previous 
report. (If the unit is subject to permitting requirements under title 
V of the Clean Air Act, you may be required by the permit to submit 
these reports more frequently.)

[[Page 40989]]

Sec.  60.2210  What information must I include in my annual report?

    The annual report required under Sec.  60.2205 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec.  60.2215, 
60.2220, and 60.2225:
    (a) Company name and address;
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report;
    (c) Date of report and beginning and ending dates of the reporting 
period;
    (d) The values for the operating limits established pursuant to 
Sec.  60.2110 or Sec.  60.2115;
    (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;
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported;
    (g) Information recorded under Sec.  60.2175(b)(6) and (c) through 
(e) for the calendar year being reported;
    (h) For each performance test conducted during the reporting 
period, if any performance test is conducted, the process unit(s) 
tested, the pollutant(s) tested and the date that such performance test 
was conducted. Submit, following the procedure specified in Sec.  
60.2235(b)(1), the performance test report no later than the date that 
you submit the annual report;
    (i) If you met the requirements of Sec.  60.2155(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.2155(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period;
    (j) Documentation of periods when all qualified CISWI unit 
operators were unavailable for more than 8 hours, but less than 2 
weeks;
    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction;
    (l) For each deviation from an emission or operating limitation 
that occurs for a CISWI unit for which you are not using a continuous 
monitoring system to comply with the emission or operating limitations 
in this subpart, the annual report must contain the following 
information:
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period; and
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in 
paragraph (o) of this section, the annual report must contain the 
following information for each deviation from an emission or operating 
limitation occurring for a CISWI unit for which you are using a 
continuous monitoring system to comply with the emission and operating 
limitations in this subpart:
    (1) The date and time that each malfunction started and stopped;
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks;
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken;
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or 
during another period;
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period;
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes;
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period;
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit;
    (9) A brief description of the CISWI unit;
    (10) A brief description of the continuous monitoring system;
    (11) The date of the latest continuous monitoring system 
certification or audit; and
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control in accordance 
with the procedure in 40 CFR part 60, appendix F of this part, as if 
any of the following occur:
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard;
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit; and
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.


Sec.  60.2215  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

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


Sec.  60.2220  What must I include in the deviation report?

    In each report required under Sec.  60.2215, for any pollutant or 
parameter that deviated from the

[[Page 40990]]

emission limitations or operating limits specified in this subpart, 
include the six items described in paragraphs (a) through (f) of this 
section:
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements;
    (b) The averaged and recorded data for those dates;
    (c) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits 
and your corrective actions;
    (2) Bypass events and your corrective actions; and
    (d) A copy of the operating limit monitoring data during each 
deviation and for any test report that documents the emission levels 
the process unit(s) tested, the pollutant(s) tested and the date that 
the performance test was conducted. Submit, following the procedure 
specified in Sec.  60.2235(b)(1), the performance test report no later 
than the date that you submit the deviation report.


Sec.  60.2225  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section:
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section:
    (i) A statement of what caused the deviation;
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible; and
    (iii) The date when you anticipate that a qualified operator will 
be available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section:
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible;
    (ii) The date when you anticipate that a qualified operator will be 
accessible; and
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec.  60.2100(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.


Sec.  60.2230  Are there any other notifications or reports that I must 
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate, 
you must provide 30 days prior notice of the effective date of the 
waste-to-fuel switch, consistent with 60.2145(a). The notification must 
identify:
    (1) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI 
unit is currently combusting and has combusted over the past 6 months, 
and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (4) The date on which you became subject to the currently 
applicable emission limits; and
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  60.2235  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically on 
or before the submittal due dates. Submit the reports to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI 
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the 
extensible markup language (XML) schema listed on the CEDRI Web site 
(https://www3.epa.gov/ttn/chief/cedri/index.html). If the reporting 
form specific to this subpart is not available in CEDRI at the time 
that the report is due, submit the report to the Administrator at the 
appropriate address listed in Sec.  60.4. Once the form has been 
available in CEDRI for 90 calendar days, you must begin submitting all 
subsequent reports via CEDRI. The reports must be submitted by the 
deadlines specified in this subpart, regardless of the method in which 
the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows:
    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, you must submit the 
results of the performance test following the procedure specified in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the 
test, you must submit the results of the performance test to the EPA 
via the CEDRI. (CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).) Performance test data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate 
electronic file format consistent with the XML schema listed on the 
EPA's ERT Web site. If you claim that some of the performance test 
information being submitted is confidential business information (CBI), 
you must submit a complete file generated through the use of the EPA's 
ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT Web site, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph; and
    (ii) For data collected using test methods that are not supported 
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (b)(2)(i) or (b)(2)(ii) of this section:
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the evaluation, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be

[[Page 40991]]

accessed through the EPA's CDX.) Performance evaluation data must be 
submitted in a file format generated through the use of the EPA's ERT 
or an alternate file format consistent with the XML schema listed on 
the EPA's ERT Web site. If you claim that some of the performance 
evaluation information being submitted is CBI, you must submit a 
complete file generated through the use of the EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's ERT Web site, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
media to the EPA. The electronic storage media must be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph; and
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT Web site at the time of the evaluation, 
you must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  60.4.


Sec.  60.2240  Can reporting dates be changed?

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

Title V Operating Permits


Sec.  60.2242  Am I required to apply for and obtain a Title V 
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator subject to 
standards under this subpart must operate pursuant to a permit issued 
under Section 129(e) and Title V of the Clean Air Act.

Air Curtain Incinerators


Sec.  60.2245  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under Sec.  60.2242 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  60.2245 through 60.2260):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.2250  What are the emission limitations for air curtain 
incinerators?

    Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup, you must meet the two limitations specified in 
paragraphs (a) and (b) of this section:
    (a) Maintain opacity to less than or equal to 10 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values), except as described in paragraph (b) 
of this section; and
    (b) Maintain opacity to less than or equal to 35 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values) during the startup period that is 
within the first 30 minutes of operation.


Sec.  60.2255  How must I monitor opacity for air curtain incinerators?

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


Sec.  60.2260  What are the recordkeeping and reporting requirements 
for air curtain incinerators?

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section:
    (1) Notification of your intent to construct the air curtain 
incinerators;
    (2) Your planned initial startup date; and
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (c) Make all records available for submittal to the Administrator 
or for an inspector's onsite review.
    (d) You must submit the results (as determined by the average of 
three 1-hour blocks consisting of ten 6-minute average opacity values) 
of the initial opacity tests no later than 60 days following the 
initial test. Submit annual opacity test results within 12 months 
following the previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date.
    (f) Keep a copy of the initial and annual reports onsite for a 
period of 5 years.

Definitions


Sec.  60.2265  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subpart A (General Provisions) of this part.
    30-day rolling average means the arithmetic mean of the previous 
720 hours of valid operating data. Valid data excludes periods when 
this unit is not operating. The 720 hours should be consecutive, but 
not necessarily continuous if operations are intermittent.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter (i.e., baghouse) in order to detect bag failures. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, light

[[Page 40992]]

scattering, light transmittance, or other principle to monitor relative 
particulate matter loadings.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    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.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators and small remote incinerators: CEMS data 
collected during the first hours of a CISWI unit startup from a cold 
start until waste is fed to the unit and the hours of operation 
following the cessation of waste material being fed to the CISWI unit 
during a unit shutdown. For each startup event, the length of time that 
CEMS data may be claimed as being CEMS data during startup must be 48 
operating hours or less. For each shutdown event, the length of time 
that CEMS data may be claimed as being CEMS data during shutdown must 
be 24 operating hours or less;
    (2) For energy recovery units: CEMS data collected during the 
startup or shutdown periods of operation. Startup begins with either 
the first-ever firing of fuel in a boiler or process heater for the 
purpose of supplying useful thermal energy (such as steam or heat) for 
heating, cooling or process purposes, or producing electricity, or the 
firing of fuel in a boiler or process heater for any purpose after a 
shutdown event. Startup ends four hours after when the boiler or 
process heater makes useful thermal energy (such as heat or steam) for 
heating, cooling, or process purposes, or generates electricity, 
whichever is earlier. Shutdown begins when the boiler or process heater 
no longer makes useful thermal energy (such as heat or steam) for 
heating, cooling, or process purposes and/or generates electricity or 
when no fuel is being fed to the boiler or process heater, whichever is 
earlier. Shutdown ends when the boiler or process heater no longer 
makes useful thermal energy (such as steam or heat) for heating, 
cooling, or process purposes and/or generates electricity, and no fuel 
is being combusted in the boiler or process heater; and
    (3) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup means 
the time from when a shutdown kiln first begins firing fuel until it 
begins producing clinker. Startup begins when a shutdown kiln turns on 
the induced draft fan and begins firing fuel in the main burner. 
Startup ends when feed is being continuously introduced into the kiln 
for at least 120 minutes or when the feed rate exceeds 60 percent of 
the kiln design limitation rate, whichever occurs first. Shutdown means 
the cessation of kiln operation. Shutdown begins when feed to the kiln 
is halted and ends when continuous kiln rotation ceases.
    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. A chemical recovery unit is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart. The following seven types of 
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process;
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid;
    (3) Units burning only wood or coal feedstock for the production of 
charcoal;
    (4) Units burning only manufacturing byproduct streams/residue 
containing catalyst metals that are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts;
    (5) Units burning only coke to produce purified carbon monoxide 
that is used as an intermediate in the production of other chemical 
compounds;
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes; and
    (7) Units burning only photographic film to recover silver.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the 
operating unit burns materials other than traditional fuels as defined 
in Sec.  241.2 that have been discarded, and you do not keep and 
produce records as required by Sec.  60.2175(v), the operating unit is 
a CISWI unit. While not all CISWI units will include all of the 
following components, a CISWI unit includes, but is not limited to, the 
solid waste feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and bottom ash system. The CISWI unit does 
not include air pollution control equipment or the stack. The CISWI 
unit boundary starts at the solid waste hopper (if applicable) and 
extends through two areas: The combustion unit flue gas system, which 
ends immediately after the last combustion chamber or after the waste 
heat recovery equipment, if any; and the combustion unit bottom ash 
system, which ends at the truck loading station or similar equipment 
that transfers the ash to final disposal. The CISWI unit includes all 
ash handling systems connected to the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to 
provide a permanent record of emissions or process parameters. A 
particulate matter continuous parameter monitoring system (PM CPMS) is 
a type of CMS.
    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an 
incinerator, a waste-burning kiln, an

[[Page 40993]]

energy recovery unit or a small, remote incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements; and
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal 
solid materials but less than 10 percent coal, on a heat input basis on 
an annual average, either alone or in combination with liquid waste, 
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and 
gas (Liquid/gas) means an energy recovery unit that burns a liquid 
waste with liquid or gaseous fuels not combined with any solid fuel or 
waste materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy 
recovery units designed to burn biomass.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR 
part 241) for the purpose of reducing the volume of the waste by 
removing combustible matter. Incinerator designs include single chamber 
and two-chamber.
    In-line coal mill means those coal mills using kiln exhaust gases 
in their process. Coal mills with a heat source other than the kiln or 
coal mills using exhaust gases from the clinker cooler alone are not an 
in-line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement 
production process where a dry kiln system is integrated with the raw 
mill so that all or a portion of the kiln exhaust gases are used to 
perform the drying operation of the raw mill, with no auxiliary heat 
source used. In this system the kiln is capable of operating without 
the raw mill operating, but the raw mill cannot operate without the 
kiln gases, and consequently, the raw mill does not generate a separate 
exhaust gas stream.
    Kiln means an oven or furnace, including any associated preheater 
or precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses used for processing a substance by burning, firing or drying. 
Kilns include cement kilns that produce clinker by heating limestone 
and other materials for subsequent production of Portland Cement. 
Because the alkali bypass, in-line raw mill and in-line coal mill are 
considered an integral part of the kiln, the kiln emissions limits also 
apply to the exhaust of the alkali bypass, in-line raw mill and in-line 
coal mill.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Load fraction means the actual heat input of an energy recovery 
unit divided by heat input during the performance test that established 
the minimum sorbent injection rate or minimum activated carbon 
injection rate, expressed as a fraction (e.g., for 50 percent load the 
load fraction is 0.5).
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
state standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or 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.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has 
been changed later than August 7, 2013 and that meets one of two 
criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit; and
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at

[[Page 40994]]

industrial facilities, and other similar establishments or facilities. 
Institutional waste includes materials discarded by schools, by 
hospitals (nonmedical), by nonmanufacturing activities at prisons and 
government facilities, and other similar establishments or facilities. 
Household, commercial/retail, and institutional waste does include yard 
waste and refuse-derived fuel. Household, commercial/retail, and 
institutional waste does not include used oil; sewage sludge; wood 
pallets; construction, renovation, and demolition wastes (which include 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including motor 
vehicle parts or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine 
the oxygen content of a gas stream and used to monitor oxygen in the 
boiler or process heater flue gas, boiler or process heater, firebox, 
or other appropriate location. This definition includes oxygen trim 
systems and certified oxygen CEMS. The source owner or operator is 
responsible to install, calibrate, maintain, and operate the oxygen 
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over 
its operating range. A typical system consists of a flue gas oxygen 
and/or carbon monoxide monitor that automatically provides a feedback 
signal to the combustion air controller or draft controller.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of appendix A of this 
part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified 
in the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the 
CISWI unit which may increase the emission rate of any air pollutant to 
which a standard applies;
    (2) An operational change to the CISWI unit where a new type of 
non-hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter); and
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    Rack reclamation unit means a unit that burns the coatings off 
racks used to hold small items for application of a coating. The unit 
burns the coating overspray off the rack so the rack can be reused.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after August 7, 2013; and
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel; and
    (2) Pelletized refuse-derived fuel.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business 
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized 
representative of such person if the representative is responsible for 
the overall operation of one or more manufacturing, production, or 
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross 
annual sales or expenditures exceeding $25 million (in second quarter 
1980 dollars); or
    (ii) The delegation of authority to such representatives is 
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or 
the proprietor, respectively;
    (3) For a municipality, state, federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or 
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under 
part 60.
    Shutdown means, for incinerators and small, remote incinerators, 
the period of time after all waste has been combusted in the primary 
chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an

[[Page 40995]]

incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of 
any facility which combusts any solid waste (as that term is defined by 
the Administrator in 40 CFR part 241) material from commercial or 
industrial establishments or the general public (including single and 
multiple residences, hotels and motels). Such term does not include 
incinerators or other units required to have a permit under section 
3005 of the Solid Waste Disposal Act. The term ``solid waste 
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, 
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes, and clean lumber and that such air 
curtain incinerators comply with opacity limitations to be established 
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1 
atmosphere (101.3 kilopascals).
    Startup period means, for incinerators and small, remote 
incinerators, the period of time between the activation of the system 
and the first charge to the unit.
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected energy recovery unit.
    Waste-burning kiln means a kiln that is heated, in whole or in 
part, by combusting solid waste (as that term is defined by the 
Administrator in 40 CFR part 241). Secondary materials used in Portland 
cement kilns shall not be deemed to be combusted unless they are 
introduced into the flame zone in the hot end of the kiln or mixed with 
the precalciner fuel.
    Wet scrubber means an add-on air pollution control device that uses 
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; and
    (3) Clean lumber.

  Table 1 to Subpart CCCC of Part 60--Emission Limitations for Incinerators for Which Construction Is Commenced
     After November 30, 1999, But No Later Than June 4, 2010, or for Which Modification or Reconstruction Is
                      Commenced on or After June 1, 2001, But No Later Than August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
      For the air  pollutant         emission limitation    Using this averaging time    compliance  using this
                                             \1\                                                 method
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.004 milligrams per   3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part).
Carbon monoxide...................  157 parts per million  3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     10 at 40 CFR part 60,
                                                            run).                       appendix A-4).
Dioxin/Furan (toxic equivalency     0.41 nanograms per     3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 4 dry     23 of appendix A-7 of
                                     meter.                 standard cubic meters per   this part).
                                                            run).
Hydrogen chloride.................  62 parts per million   3-run average (For Method   Performance test (Method
                                     by dry volume.         26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 120 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meter per run).
Lead..............................  0.04 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part).
Mercury...........................  0.47 milligrams per    3-run average (1 hour       Performance test (Method
                                     dry standard cubic     minimum sample time per     29 of appendix A of this
                                     meter.                 run).                       part).
Nitrogen Oxides...................  388 parts per million  3-run average (for Method   Performance test (Method
                                     by dry volume.         7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).
Opacity...........................  10 percent...........  6-minute averages.........  Performance test (Method
                                                                                        9 of appendix A of this
                                                                                        part).
Oxides of nitrogen................  388 parts per million  3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     7, 7A, 7C, 7D, or 7E of
                                                            run).                       appendix A of this
                                                                                        part).
Particulate matter................  70 milligrams per dry  3-run average (1 hour       Performance test (Method
                                     standard cubic meter.  minimum sample time per     5 or 29 of appendix A of
                                                            run).                       this part).

[[Page 40996]]

 
Sulfur Dioxide....................  20 parts per million   3-run average (For Method   Performance test (Method
                                     by dry volume.         6, collect a minimum        6 or 6C at 40 CFR part
                                                            volume of 20 liters per     60, appendix A-4).
                                                            run. For Method 6C,
                                                            collect sample for a
                                                            minimum duration of 1
                                                            hour per run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


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


      Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                       Toxic equivalency
                Dioxin/furan congener                       factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...........                   1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.........                 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin........                 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin........                 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin........                 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.....                0.01
Octachlorinated dibenzo-p-dioxin....................               0.001
2,3,7,8-tetrachlorinated dibenzofuran...............                 0.1
2,3,4,7,8-pentachlorinated dibenzofuran.............                 0.5
1,2,3,7,8-pentachlorinated dibenzofuran.............                0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran............                 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran............                 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran............                 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran............                 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.........                0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.........                0.01
Octachlorinated dibenzofuran........................               0.001
------------------------------------------------------------------------


                    Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements \1\
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report...............  Prior to commencing      Statement of intent to   Sec.   60.2190.
                                        construction.            construct.
                                                                Anticipated date of
                                                                 commencement of
                                                                 construction.
                                                                Documentation for
                                                                 siting requirements.
                                                                Waste management plan..
                                                                Anticipated date of
                                                                 initial startup.
Startup notification.................  Prior to initial          Type of waste   Sec.   60.2195.
                                        startup.                 to be burned.
                                                                 Maximum design
                                                                 waste burning capacity.
                                                                 Anticipated
                                                                 maximum charge rate.
                                                                 If applicable,
                                                                 the petition for site-
                                                                 specific operating
                                                                 limits.

[[Page 40997]]

 
Initial test report..................  No later than 60 days     Complete test   Sec.   60.2200.
                                        following the initial    report for the initial
                                        performance test.        performance test.
                                                                 The values for
                                                                 the site-specific
                                                                 operating limits.
                                                                 Installation
                                                                 of bag leak detection
                                                                 system for fabric
                                                                 filter.
Annual report........................  No later than 12 months   Name and        Sec.  Sec.   60.2205
                                        following the            address.                 and 60.2210.
                                        submission of the        Statement and
                                        initial test report.     signature by
                                        Subsequent reports are   responsible official.
                                        to be submitted no       Date of
                                        more than 12 months      report..
                                        following the previous   Values for the
                                        report.                  operating limits..
                                                                 Highest
                                                                 recorded 3-hour
                                                                 average and the lowest
                                                                 3-hour average, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported.
                                                                 For each
                                                                 performance test
                                                                 conducted during the
                                                                 reporting period, if
                                                                 any performance test
                                                                 is conducted, the
                                                                 process unit(s)
                                                                 tested, the
                                                                 pollutant(s) tested,
                                                                 and the date that such
                                                                 performance test was
                                                                 conducted.
                                                                 If a
                                                                 performance test was
                                                                 not conducted during
                                                                 the reporting period,
                                                                 a statement that the
                                                                 requirements of Sec.
                                                                 60.2155(a) were met.
                                                                 Documentation
                                                                 of periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 8 hours but less
                                                                 than 2 weeks.
                                                                 If you are
                                                                 conducting performance
                                                                 tests once every 3
                                                                 years consistent with
                                                                 Sec.   60.2155(a), the
                                                                 date of the last 2
                                                                 performance tests, a
                                                                 comparison of the
                                                                 emission level you
                                                                 achieved in the last 2
                                                                 performance tests to
                                                                 the 75 percent
                                                                 emission limit
                                                                 threshold required in
                                                                 Sec.   60.2155(a) and
                                                                 a statement as to
                                                                 whether there have
                                                                 been any operational
                                                                 changes since the last
                                                                 performance test that
                                                                 could increase
                                                                 emissions.
Emission limitation or operating       By August 1 of that       Dates and       Sec.   60.2215 and
 limit deviation report.                year for data            times of deviation.      60.2220.
                                        collected during the     Averaged and
                                        first half of the        recorded data for
                                        calendar year. By        those dates.
                                        February 1 of the        Duration and
                                        following year for       causes of each
                                        data collected during    deviation and the
                                        the second half of the   corrective actions
                                        calendar year.           taken.
                                                                 Copy of
                                                                 operating limit
                                                                 monitoring data and,
                                                                 if any performance
                                                                 test was conducted
                                                                 that documents
                                                                 emission levels, the
                                                                 process unit(s)
                                                                 tested, the
                                                                 pollutant(s) tested,
                                                                 and the date that such
                                                                 performance text was
                                                                 conducted.
                                                                 Dates, times
                                                                 and causes for monitor
                                                                 downtime incidents.
Qualified operator deviation           Within 10 days of         Statement of    Sec.   60.2225(a)(1).
 notification.                          deviation.               cause of deviation.
                                                                 Description of
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                 The date a
                                                                 qualified operator
                                                                 will be accessible.
Qualified operator deviation status    Every 4 weeks following   Description of  Sec.   60.2225(a)(2).
 report.                                deviation.               efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                 The date a
                                                                 qualified operator
                                                                 will be accessible.
                                                                 Request for
                                                                 approval to continue
                                                                 operation.
Qualified operator deviation           Prior to resuming         Notification    Sec.   60.2225(b).
 notification of resumed operation.     operation.               that you are resuming
                                                                 operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


[[Page 40998]]


Table 5 to Subpart CCCC of Part 60--Emission Limitations for Incinerators That Commenced Construction After June
                 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using this
                                             \1\                                                 method
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.0023 milligrams per  3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     29 at 40 CFR part 60,
                                     meter.                 standard cubic meter per    appendix A-8 of this
                                                            run).                       part).
                                                                                       Use ICPMS for the
                                                                                        analytical finish.
Carbon monoxide...................  17 parts per million   3-run average (1 hour       Performance test (Method
                                     by dry volume.         minimum sample time per     10 at 40 CFR part 60,
                                                            run).                       appendix A-4).
Dioxin/furan (Total Mass Basis)...  0.58 nanograms per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter \3\.             standard cubic meters per   appendix A-7).
                                                            run).
Dioxin/furan (toxic equivalency     0.13 nanograms per     3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter.                 standard cubic meter per    appendix A-7).
                                                            run).
Fugitive ash......................  Visible emissions for  Three 1-hour observation    Visible emission test
                                     no more than 5         periods.                    (Method 22 at 40 CFR
                                     percent of the                                     part 60, appendix A-7).
                                     hourly observation
                                     period.
Hydrogen chloride.................  0.091 parts per        3-run average (For Method   Performance test (Method
                                     million by dry         26, collect a minimum       26 or 26A at 40 CFR part
                                     volume.                volume of 360 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 3 dry standard cubic
                                                            meters per run).
Lead..............................  0.015 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     29 of appendix A-8 at 40
                                     meter \3\.             standard cubic meters per   CFR part 60). Use ICPMS
                                                            run).                       for the analytical
                                                                                        finish.
Mercury...........................  0.00084 milligrams     3-run average (collect      Performance test (Method
                                     per dry standard       enough volume to meet a     29 or 30B at 40 CFR part
                                     cubic meter \3\.       detection limit data        60, appendix A-8) or
                                                            quality objective of 0.03   ASTM D6784-02
                                                            ug/dry standard cubic       (Reapproved 2008).\2\
                                                            meter).
Nitrogen Oxides...................  23 parts per million   3-run average (for Method   Performance test (Method
                                     dry volume.            7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).
Particulate matter................  18 milligrams per dry  3-run average (collect a    Performance test (Method
(filterable)......................   standard cubic meter.  minimum volume of 2 dry     5 or 29 at 40 CFR part
                                                            standard cubic meters per   60, appendix A-3 or
                                                            run).                       appendix A-8 at 40 CFR
                                                                                        part 60).
Sulfur dioxide....................  11 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     6 or 6C at 40 CFR part
                                                            run).                       60, appendix A-4).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit.
\2\ Incorporated by reference, see Sec.   60.17.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.


 Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy Recovery Units That Commenced Construction
            After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                    You must meet this emission
                                           limitation \1\             Using this averaging     And determining
    For the air pollutant     ---------------------------------------         time            compliance using
                                  Liquid/gas           Solids                                    this method
----------------------------------------------------------------------------------------------------------------
Cadmium......................  0.023            Biomass--0.0014       3-run average         Performance test
                                milligrams per   milligrams per dry    (collect a minimum    (Method 29 at 40
                                dry standard     standard cubic        volume of 4 dry       CFR part 60,
                                cubic meter.     meter.\3\ Coal--      standard cubic        appendix A-8). Use
                                                 0.0017 milligrams     meters per run).      ICPMS for the
                                                 per dry standard                            analytical finish.
                                                 cubic meter.
Carbon monoxide..............  35 parts per     Biomass--240 parts    3-run average (1      Performance test
                                million dry      per million dry       hour minimum sample   (Method 10 at 40
                                volume.          volume. Coal--95      time per run).        CFR part 60,
                                                 parts per million                           appendix A-4).
                                                 dry volume.
Dioxin/furans (Total Mass      No Total Mass    Biomass--0.52         3-run average         Performance test
 Basis).                        Basis limit,     nanograms per dry     (collect a minimum    (Method 23 at 40
                                must meet the    standard cubic        volume of 4 dry       CFR part 60,
                                toxic            meter.\3\ Coal--5.1   standard cubic        appendix A-7).
                                equivalency      nanograms per dry     meters).
                                basis limit      standard cubic
                                below.           meter \3\.
Dioxins/furans (toxic          0.093 nanograms  Biomass--0.076        3-run average         Performance test
 equivalency basis).            per dry          nanograms per dry     (collect a minimum    (Method 23 of
                                standard cubic   standard cubic        volume of 4 dry       appendix A-7 of
                                meter \3\.       meter.\3\ Coal--      standard cubic        this part).
                                                 0.075 nanograms per   meters per run).
                                                 dry standard cubic
                                                 meter \3\.

[[Page 40999]]

 
Fugitive ash.................  Visible          Three 1-hour          Visible emission      Fugitive ash.
                                emissions for    observation periods.  test (Method 22 at
                                no more than 5                         40 CFR part 60,
                                percent of the                         appendix A-7).
                                hourly
                                observation
                                period.
Hydrogen chloride............  14 parts per     Biomass--0.20 parts   3-run average (For    Performance test
                                million dry      per million dry       Method 26, collect    (Method 26 or 26A
                                volume.          volume. Coal--58      a minimum volume of   at 40 CFR part 60,
                                                 parts per million     360 liters per run.   appendix A-8).
                                                 dry volume.           For Method 26A,
                                                                       collect a minimum
                                                                       volume of 3 dry
                                                                       standard cubic
                                                                       meters per run).
Lead.........................  0.096            Biomass--0.014        3-run average         Performance test
                                milligrams per   milligrams per dry    (collect a minimum    (Method 29 at 40
                                dry standard     standard cubic        volume of 4 dry       CFR part 60,
                                cubic meter.     meter.\3\ Coal--      standard cubic        appendix A-8). Use
                                                 0.057 milligrams      meters per run).      ICPMS for the
                                                 per dry standard                            analytical finish.
                                                 cubic meter.
Mercury......................  0.00056          Biomass--0.0022       3-run average         Performance test
                                milligrams per   milligrams per dry    (collect enough       (Method 29 or 30B
                                dry standard     standard cubic        volume to meet an     at 40 CFR part 60,
                                cubic meter      meter. Coal--0.013    in-stack detection    appendix A-8) or
                                \3\.             milligrams per dry    limit data quality    ASTM D6784-02
                                                 standard cubic        objective of 0.03     (Reapproved
                                                 meter.                ug/dscm).             2008).\2\
Oxides of nitrogen...........  76 parts per     Biomass--290 parts    3-run average (for    Performance test
                                million dry      per million dry       Method 7E, 1 hour     (Method 7 or 7E at
                                volume.          volume. Coal--460     minimum sample time   40 CFR part 60,
                                                 parts per million     per run).             appendix A-4).
                                                 dry volume.
Particulate matter             110 milligrams   Biomass--5.1          3-run average         Performance test
 (filterable).                  per dry          milligrams per dry    (collect a minimum    (Method 5 or 29 at
                                standard cubic   standard cubic        volume of 1 dry       40 CFR part 60,
                                meter.           meter. Coal--130      standard cubic        appendix A-3 or
                                                 milligrams per dry    meter per run).       appendix A-8) if
                                                 standard cubic                              the unit has an
                                                 meter.                                      annual average heat
                                                                                             input rate less
                                                                                             than 250 MMBtu/hr;
                                                                                             or PM CPMS (as
                                                                                             specified in Sec.
                                                                                             60.2145(x)) if the
                                                                                             unit has an annual
                                                                                             average heat input
                                                                                             rate equal to or
                                                                                             greater than 250
                                                                                             MMBtu/hr.
Sulfur dioxide...............  720 parts per    Biomass--7.3 parts    3-run average (for    Performance test
                                million dry      per million dry       Method 6, collect a   (Method 6 or 6C at
                                volume.          volume. Coal--850     minimum of 60         40 CFR part 60,
                                                 parts per million     liters, for Method    appendix A-4).
                                                 dry volume.           6C, 1 hour minimum
                                                                       sample time per
                                                                       run).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\2\ Incorporated by reference, see Sec.   60.17.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.


  Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-Burning Kilns That Commenced Construction
                   After June 4, 2010, or Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance  using this
                                             \1\                                               method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.0014 milligrams per  3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     29 at 40 CFR part 60,
                                     meter \2\.             standard cubic meters per   appendix A-8). Use ICPMS
                                                            run).                       for the analytical
                                                                                        finish.
Carbon monoxide...................  90 (long kilns)/190    3-run average (1 hour       Performance test (Method
                                     (preheater/            minimum sample time per     10 at 40 CFR part 60,
                                     precalciner) parts     run).                       appendix A-4).
                                     per million dry
                                     volume.
Dioxins/furans (total mass basis).  0.51 nanograms per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter \2\.             standard cubic meters per   appendix A-7).
                                                            run).
Dioxins/furans (toxic equivalency   0.075 nanograms per    3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter \2\.             standard cubic meters).     appendix A-7).

[[Page 41000]]

 
Hydrogen chloride.................  3.0 parts per million  3-run average (1 hour       Performance test (Method
                                     dry volume \2\.        minimum sample time per     321 at 40 CFR part 63,
                                                            run) or 30-day rolling      appendix A) or HCl CEMS
                                                            average if HCl CEMS are     if a wet scrubber or dry
                                                            used.                       scrubber is not used, as
                                                                                        specified in Sec.
                                                                                        60.2145(j).
Lead..............................  0.014 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 4 dry     29 at 40 CFR part 60,
                                     meter \2\.             standard cubic meters).     appendix A-8). Use ICPMS
                                                                                        for the analytical
                                                                                        finish.
Mercury...........................  0.0037 milligrams per  30-day rolling average....  Mercury CEMS or sorbent
                                     dry standard cubic                                 trap monitoring system
                                     meter.                                             (performance
                                                                                        specification 12A or
                                                                                        12B, respectively, of
                                                                                        appendix B of this
                                                                                        part), as specified in
                                                                                        Sec.   60.2145(j).
Oxides of nitrogen................  200 parts per million  30-day rolling average....  NOX CEMS (performance
                                     dry volume.                                        specification 2 of
                                                                                        appendix B and procedure
                                                                                        1 of appendix F of this
                                                                                        part).
Particulate matter (filterable)...  4.9 milligrams per     30-day rolling average....  PM CPMS (as specified in
                                     dry standard cubic                                 Sec.   60.2145(x)).
                                     meter.
Sulfur dioxide....................  28 parts per million   30-day rolling average....  Sulfur dioxide CEMS
                                     dry volume.                                        (performance
                                                                                        specification 2 of
                                                                                        appendix B and procedure
                                                                                        1 of appendix F of this
                                                                                        part).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and
  shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis
  limit or the toxic equivalency basis limit.
\2\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``2'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\3\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in Sec.
  60.2145(y)(3). They are not subject to the CEMS, sorbent trap or CPMS requirements that otherwise may apply to
  the main kiln exhaust.


     Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, Remote Incinerators That Commenced
     Construction After June 4, 2010, Or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance  using this
                                             \1\                                                 method
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.67 milligrams per    3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     29 at 40 CFR part 60,
                                     meter.                 standard cubic meters per   appendix A-8).
                                                            run).
Carbon monoxide...................  13 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     10 at 40 CFR part 60,
                                                            run).                       appendix A-4).
Dioxins/furans (total mass basis).  1,800 nanograms per    3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     23 at 40 CFR part 60,
                                     meter..                standard cubic meters per   appendix A-7).
                                                            run).
Dioxins/furans (toxic equivalency   31 nanograms per dry   3-run average (collect a    Performance test (Method
 basis).                             standard cubic meter.  minimum volume of 1 dry     23 at 40 CFR part 60,
                                                            standard cubic meters).     appendix A-7).
Fugitive ash......................  Visible emissions for  Three 1-hour observation    Visible emissions test
                                     no more than 5         periods.                    (Method 22 at 40 CFR
                                     percent of the                                     part 60, appendix A-7).
                                     hourly observation
                                     period.
Hydrogen chloride.................  200 parts per million  3-run average (For Method   Performance test (Method
                                     by dry volume.         26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 60 liters per     60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meter per run).
Lead..............................  2.0 milligrams per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     29 at 40 CFR part 60,
                                     meter.                 standard cubic meters).     appendix A-8). Use ICPMS
                                                                                        for the analytical
                                                                                        finish.
Mercury...........................  0.0035 milligrams per  3-run average (For Method   Performance test (Method
                                     dry standard cubic     29 and ASTM D6784-02        29 or 30B at 40 CFR part
                                     meter.                 (Reapproved 2008),\2\       60, appendix A-8) or
                                                            collect a minimum volume    ASTM D6784-02
                                                            of 2 dry standard cubic     (Reapproved 2008).\2\
                                                            meters per run. For
                                                            Method 30B, collect a
                                                            minimum volume as
                                                            specified in Method 30B
                                                            at 40 CFR part 60,
                                                            appendix A).
Oxides of nitrogen................  170 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).
Particulate matter (filterable)...  270 milligrams per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     5 or 29 at 40 CFR part
                                     meter.                 standard cubic meters).     60, appendix A-3 or
                                                                                        appendix A-8).

[[Page 41001]]

 
Sulfur dioxide....................  1.2 parts per million  3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     6 or 6c at 40 CFR part
                                                            run).                       60, appendix A-4).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\2\ Incorporated by reference, see Sec.   60.17.


0
3. Part 60 is amended by revising subpart DDDD to read as follows:

Subpart DDDD--Emissions Guidelines and Compliance Times for 
Commercial and Industrial Solid Waste Incineration Units

Sec.

Introduction

60.2500 What is the purpose of this subpart?
60.2505 Am I affected by this subpart?
60.2510 Is a state plan required for all states?
60.2515 What must I include in my state plan?
60.2520 Is there an approval process for my state plan?
60.2525 What if my state plan is not approvable?
60.2530 Is there an approval process for a negative declaration 
letter?
60.2535 What compliance schedule must I include in my state plan?
60.2540 Are there any State plan requirements for this subpart that 
apply instead of the requirements specified in subpart B?
60.2541 In lieu of a state plan submittal, are there other 
acceptable option(s) for a state to meet its Clean Air Act section 
111(d)/129(b)(2) obligations?
60.2542 What authorities will not be delegated to state, local, or 
tribal agencies?
60.2545 Does this subpart directly affect CISWI unit owners and 
operators in my state?

Applicability of State Plans

60.2550 What CISWI units must I address in my state plan?
60.2555 What combustion units are exempt from my state plan?

Use of Model Rule

60.2560 What is the ``model rule'' in this subpart?
60.2565 How does the model rule relate to the required elements of 
my state plan?
60.2570 What are the principal components of the model rule?

Model Rule--Increments of Progress

60.2575 What are my requirements for meeting increments of progress 
and achieving final compliance?
60.2580 When must I complete each increment of progress?
60.2585 What must I include in the notifications of achievement of 
increments of progress?
60.2590 When must I submit the notifications of achievement of 
increments of progress?
60.2595 What if I do not meet an increment of progress?
60.2600 How do I comply with the increment of progress for submittal 
of a control plan?
60.2605 How do I comply with the increment of progress for achieving 
final compliance?
60.2610 What must I do if I close my CISWI unit and then restart it?
60.2615 What must I do if I plan to permanently close my CISWI unit 
and not restart it?

Model Rule--Waste Management Plan

60.2620 What is a waste management plan?
60.2625 When must I submit my waste management plan?
60.2630 What should I include in my waste management plan?

Model Rule--Operator Training and Qualification

60.2635 What are the operator training and qualification 
requirements?
60.2640 When must the operator training course be completed?
60.2645 How do I obtain my operator qualification?
60.2650 How do I maintain my operator qualification?
60.2655 How do I renew my lapsed operator qualification?
60.2660 What site-specific documentation is required?
60.2665 What if all the qualified operators are temporarily not 
accessible?

Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

Model Rule--Performance Testing

60.2690 How do I conduct the initial and annual performance test?
60.2695 How are the performance test data used?

Model Rule--Initial Compliance Requirements

60.2700 How do I demonstrate initial compliance with the amended 
emission limitations and establish the operating limits?
60.2705 By what date must I conduct the initial performance test?
60.2706 By what date must I conduct the initial air pollution 
control device inspection?

Model Rule--Continuous Compliance Requirements

60.2710 How do I demonstrate continuous compliance with the amended 
emission limitations and the operating limits?
60.2715 By what date must I conduct the annual performance test?
60.2716 By what date must I conduct the annual air pollution control 
device inspection?
60.2720 May I conduct performance testing less often?
60.2725 May I conduct a repeat performance test to establish new 
operating limits?

Model Rule--Monitoring

60.2730 What monitoring equipment must I install and what parameters 
must I monitor?
60.2735 Is there a minimum amount of monitoring data I must obtain?

Model Rule--Recordkeeping and Reporting

60.2740 What records must I keep?
60.2745 Where and in what format must I keep my records?
60.2750 What reports must I submit?
60.2755 When must I submit my waste management plan?
60.2760 What information must I submit following my initial 
performance test?
60.2765 When must I submit my annual report?
60.2770 What information must I include in my annual report?
60.2775 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.2780 What must I include in the deviation report?
60.2785 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.2790 Are there any other notifications or reports that I must 
submit?
60.2795 In what form can I submit my reports?
60.2800 Can reporting dates be changed?

[[Page 41002]]

Model Rule--Title V Operating Permits

60.2805 Am I required to apply for and obtain a Title V operating 
permit for my unit?

Model Rule--Air Curtain Incinerators

60.2810 What is an air curtain incinerator?
60.2815 What are my requirements for meeting increments of progress 
and achieving final compliance?
60.2820 When must I complete each increment of progress?
60.2825 What must I include in the notifications of achievement of 
increments of progress?
60.2830 When must I submit the notifications of achievement of 
increments of progress?
60.2835 What if I do not meet an increment of progress?
60.2840 How do I comply with the increment of progress for submittal 
of a control plan?
60.2845 How do I comply with the increment of progress for achieving 
final compliance?
60.2850 What must I do if I close my air curtain incinerator and 
then restart it?
60.2855 What must I do if I plan to permanently close my air curtain 
incinerator and not restart it?
60.2860 What are the emission limitations for air curtain 
incinerators?
60.2865 How must I monitor opacity for air curtain incinerators?
60.2870 What are the recordkeeping and reporting requirements for 
air curtain incinerators?

Model Rule--Definitions

60.2875 What definitions must I know?

Tables to Subpart DDDD

Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of 
Progress and Compliance Schedules
Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Incinerators Before [Date to be specified in state 
plan]
Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for 
Wet Scrubbers
Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency 
Factors
Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of Reporting 
Requirements
Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Incinerators on and After [Date to be specified in 
state plan]
Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Energy Recovery Units After May 20, 2011 [Date to be 
specified in state plan]
Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Waste-Burning Kilns After May 20, 2011 [Date to be 
specified in state plan.]
Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Small, Remote Incinerators After May 20, 2011 [Date to 
be specified in state plan]

Subpart DDDD--Emissions Guidelines and Compliance Times for 
Commercial and Industrial Solid Waste Incineration Units

Introduction


Sec.  60.2500  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from commercial and industrial 
solid waste incineration (CISWI) units. The pollutants addressed by 
these emission guidelines are listed in table 2 of this subpart and 
tables 6 through 9 of this subpart. These emission guidelines are 
developed in accordance with sections 111(d) and 129 of the Clean Air 
Act and subpart B of this part.


Sec.  60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing CISWI 
units that meet the criteria in paragraphs (b) through (d) of this 
section, you must submit a state plan to U.S. Environmental Protection 
Agency (EPA) that implements the emission guidelines contained in this 
subpart.
    (b) You must submit a state plan to EPA by December 3, 2001 for 
incinerator units that commenced construction on or before November 30, 
1999 and that were not modified or reconstructed after June 1, 2001.
    (c) You must submit a state plan that meets the requirements of 
this subpart and contains the more stringent emission limit for the 
respective pollutant in table 6 of this subpart or table 1 of subpart 
CCCC of this part to EPA by February 7, 2014 for incinerators that 
commenced construction after November 30, 1999, but no later than June 
4, 2010, or commenced modification or reconstruction after June 1, 2001 
but no later than August 7, 2013.
    (d) You must submit a state plan to EPA that meets the requirements 
of this subpart and contains the emission limits in tables 7 through 9 
of this subpart by February 7, 2014, for CISWI units other than 
incinerator units that commenced construction on or before June 4, 
2010, or commenced modification or reconstruction after June 4, 2010 
but no later than August 7, 2013.


Sec.  60.2510  Is a state plan required for all states?

    No. You are not required to submit a state plan if there are no 
existing CISWI units in your state, and you submit a negative 
declaration letter in place of the state plan.


Sec.  60.2515  What must I include in my state plan?

    (a) You must include the nine items described in paragraphs (a)(1) 
through (9) of this section in your state plan:
    (1) Inventory of affected CISWI units, including those that have 
ceased operation but have not been dismantled;
    (2) Inventory of emissions from affected CISWI units in your state;
    (3) Compliance schedules for each affected CISWI unit;
    (4) Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for 
affected CISWI units that are at least as protective as the emission 
guidelines contained in this subpart;
    (5) Performance testing, recordkeeping, and reporting requirements;
    (6) Certification that the hearing on the state plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission;
    (7) Provision for state progress reports to EPA;
    (8) Identification of enforceable state mechanisms that you 
selected for implementing the emission guidelines of this subpart; and
    (9) Demonstration of your state's legal authority to carry out the 
sections 111(d) and 129 state plan.
    (b) Your state plan may deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your state 
plan does deviate in content, you must demonstrate that your state plan 
is at least as protective as the emission guidelines contained in this 
subpart. Your state plan must address regulatory applicability, 
increments of progress for retrofit, operator training and 
qualification, a waste management plan, emission limitations, 
performance testing, operating limits, monitoring, recordkeeping and 
reporting, and air curtain incinerator requirements.
    (c) You must follow the requirements of subpart B of this part 
(Adoption and Submittal of State Plans for Designated Facilities) in 
your state plan.


Sec.  60.2520  Is there an approval process for my state plan?

    Yes. The EPA will review your state plan according to Sec.  60.27.


Sec.  60.2525  What if my state plan is not approvable?

    (a) If you do not submit an approvable state plan (or a negative 
declaration letter) by December 2, 2002, EPA will

[[Page 41003]]

develop a federal plan according to Sec.  60.27 to implement the 
emission guidelines contained in this subpart. Owners and operators of 
CISWI units not covered by an approved state plan must comply with the 
federal plan. The federal plan is an interim action and will be 
automatically withdrawn when your state plan is approved.
    (b) If you do not submit an approvable state plan (or a negative 
declaration letter) to EPA that meets the requirements of this subpart 
and contains the emission limits in tables 6 through 9 of this subpart 
for CISWI units that commenced construction on or before June 4, 2010 
and incinerator or air curtain incinerator units that commenced 
reconstruction or modification on or after June 1, 2001 but no later 
than August 7, 2013, then EPA will develop a federal plan according to 
Sec.  60.27 to implement the emission guidelines contained in this 
subpart. Owners and operators of CISWI units not covered by an approved 
state plan must comply with the federal plan. The federal plan is an 
interim action and will be automatically withdrawn when your state plan 
is approved.


Sec.  60.2530  Is there an approval process for a negative declaration 
letter?

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


Sec.  60.2535  What compliance schedule must I include in my state 
plan?

    (a) For CISWI units in the incinerator subcategory and air curtain 
incinerators that commenced construction on or before November 30, 
1999, your state plan must include compliance schedules that require 
CISWI units in the incinerator subcategory and air curtain incinerators 
to achieve final compliance as expeditiously as practicable after 
approval of the state plan but not later than the earlier of the two 
dates specified in paragraphs (a)(1) and (2) of this section:
    (1) December 1, 2005; and
    (2) Three years after the effective date of state plan approval.
    (b) For CISWI units in the incinerator subcategory and air curtain 
incinerators that commenced construction after November 30, 1999, but 
on or before June 4, 2010 or that commenced reconstruction or 
modification on or after June 1, 2001 but no later than August 7, 2013, 
and for CISWI units in the small remote incinerator, energy recovery 
unit, and waste-burning kiln subcategories that commenced construction 
before June 4, 2010, your state plan must include compliance schedules 
that require CISWI units to achieve final compliance as expeditiously 
as practicable after approval of the state plan but not later than the 
earlier of the two dates specified in paragraphs (b)(1) and (2) of this 
section:
    (1) February 7, 2018; and
    (2) Three years after the effective date of State plan approval.
    (c) For compliance schedules more than 1 year following the 
effective date of State plan approval, State plans must include dates 
for enforceable increments of progress as specified in Sec.  60.2580.


Sec.  60.2540  Are there any State plan requirements for this subpart 
that apply instead of the requirements specified in subpart B?

    Yes. Subpart B establishes general requirements for developing and 
processing section 111(d) plans. This subpart applies instead of the 
requirements in subpart B of this part for paragraphs (a) and (b) of 
this section:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all CISWI units to comply by the dates specified in 
Sec.  60.2535. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in Sec.  
60.24(f); and
    (b) State plans developed to implement this subpart are required to 
include two increments of progress for the affected CISWI units. These 
two minimum increments are the final control plan submittal date and 
final compliance date in Sec.  60.21(h)(1) and (5). This applies 
instead of the requirement of Sec.  60.24(e)(1) that would require a 
State plan to include all five increments of progress for all CISWI 
units.


Sec.  60.2541  In lieu of a state plan submittal, are there other 
acceptable option(s) for a state to meet its Clean Air Act section 
111(d)/129(b)(2) obligations?

    Yes, a state may meet its Clean Air Act section 111(d)/129 
obligations by submitting an acceptable written request for delegation 
of the federal plan that meets the requirements of this section. This 
is the only other option for a state to meet its Clean Air Act section 
111(d)/129 obligations.
    (a) An acceptable federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the federal plan;
    (2) The items under Sec.  60.2515(a)(1), (2) and (7);
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief written summary of each presentation or 
written submission; and
    (4) A commitment to enter into a Memorandum of Agreement with the 
Regional Administrator who sets forth the terms, conditions, and 
effective date of the delegation and that serves as the mechanism for 
the transfer of authority. Additional guidance and information is given 
in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement 
of 111(d)(2) and 111(d)/(2)/129(b)(3) federal plans.
    (b) A state with an already approved CISWI Clean Air Act section 
111(d)/129 state plan is not precluded from receiving EPA approval of a 
delegation request for the revised federal plan, providing the 
requirements of paragraph (a) of this section are met, and at the time 
of the delegation request, the state also requests withdrawal of EPA's 
previous state plan approval.
    (c) A state's Clean Air Act section 111(d)/129 obligations are 
separate from its obligations under Title V of the Clean Air Act.


Sec.  60.2542  What authorities will not be delegated to state, local, 
or tribal agencies?

    The authorities listed under Sec.  60.2030(c) will not be delegated 
to state, local, or tribal agencies.


Sec.  60.2545  Does this subpart directly affect CISWI unit owners and 
operators in my state?

    (a) No. This subpart does not directly affect CISWI unit owners and 
operators in your state. However, CISWI unit owners and operators must 
comply with the state plan you develop to implement the emission 
guidelines contained in this subpart. States may choose to incorporate 
the model rule text directly in their state plan.
    (b) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart for CISWI units that 
commenced construction before November 30, 1999 by December 2, 2002, 
EPA will implement and enforce a federal plan, as provided in Sec.  
60.2525, to ensure that each unit within your state reaches

[[Page 41004]]

compliance with all the provisions of this subpart by December 1, 2005.
    (c) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart by February 7, 2014, 
for CISWI units that commenced construction on or before June 4, 2010, 
EPA will implement and enforce a federal plan, as provided in Sec.  
60.2525, to ensure that each unit within your state that commenced 
construction on or before June 4, 2010, reaches compliance with all the 
provisions of this subpart by February 7, 2018.

Applicability of State Plans


Sec.  60.2550  What CISWI units must I address in my state plan?

    (a) Your state plan must address incineration units that meet all 
three criteria described in paragraphs (a)(1) through (3) of this 
section:
    (1) CISWI units and air curtain incinerators in your state that 
commenced construction on or before June 4, 2010, or commenced 
modification or reconstruction after June 4, 2010 but no later than 
August 7, 2013;
    (2) Incineration units that meet the definition of a CISWI unit as 
defined in Sec.  60.2875; and
    (3) Incineration units not exempt under Sec.  60.2555.
    (b) If the owner or operator of a CISWI unit or air curtain 
incinerator makes changes that meet the definition of modification or 
reconstruction after August 7, 2013, the CISWI unit becomes subject to 
subpart CCCC of this part and the state plan no longer applies to that 
unit.
    (c) If the owner or operator of a CISWI unit makes physical or 
operational changes to an existing CISWI unit primarily to comply with 
your state plan, subpart CCCC of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart CCCC of this part.


Sec.  60.2555  What combustion units are exempt from my state plan?

    This subpart exempts the types of units described in paragraphs 
(a), (c) through (i), (m), and (n) of this section, but some units are 
required to provide notifications. Air curtain incinerators are exempt 
from the requirements in this subpart except for the provisions in 
Sec. Sec.  60.2805, 60.2860, and 60.2870:
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste as defined in Sec.  60.2875 are not subject to 
this subpart if you meet the two requirements specified in paragraphs 
(a)(1) and (2) of this section:
    (1) Notify the Administrator that the unit meets these criteria; 
and
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (b) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
subject to subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); AAAA of this part (Standards of Performance for Small 
Municipal Waste Combustion Units); or subpart BBBB of this part 
(Emission Guidelines for Small Municipal Waste Combustion Units).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ca of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (4) of this 
section:
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C));
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity;
    (3) You submit documentation to the Administrator notifying the 
Agency that the qualifying small power production facility is 
combusting homogenous waste; and
    (4) You maintain the records specified in Sec.  60.2740(v).
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (4) of this section:
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B));
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used 
for industrial, commercial, heating, or cooling purposes;
    (3) You submit documentation to the Administrator notifying the 
Agency that the qualifying cogeneration facility is combusting 
homogenous waste; and
    (4) You maintain the records specified in Sec.  60.2740(w).
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under Sec.  60.2805 
and under ``Air Curtain Incinerators'' (Sec. Sec.  60.2810 through 
60.2870):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j)-(l) [Reserved]
    (m) Sewage treatment plants . Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for New Sewage Sludge 
Incineration Units) or subpart MMMM of this part (Emission Guidelines 
and Compliance Times for Existing Sewage Sludge Incineration Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of this part (Standards of Performance for 
Other Solid Waste Incineration Units for Which Construction is 
Commenced After December 9, 2004, or for Which Modification or 
Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF 
of this part (Emission Guidelines and Compliance Times for Other Solid 
Waste Incineration Units That Commenced Construction On or Before 
December 9, 2004).

Use of Model Rule


Sec.  60.2560  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of these emission guidelines 
(Sec. Sec.  60.2575 through 60.2875) that addresses the

[[Page 41005]]

regulatory requirements applicable to CISWI units. The model rule 
provides these requirements in regulation format. You must develop a 
state plan that is at least as protective as the model rule. You may 
use the model rule language as part of your state plan. Alternative 
language may be used in your state plan if you demonstrate that the 
alternative language is at least as protective as the model rule 
contained in this subpart.
    (b) In the model rule of Sec. Sec.  60.2575 to 60.2875, ``you'' 
means the owner or operator of a CISWI unit.


Sec.  60.2565  How does the model rule relate to the required elements 
of my state plan?

    Use the model rule to satisfy the state plan requirements specified 
in Sec.  60.2515(a)(4) and (5).


Sec.  60.2570  What are the principal components of the model rule?

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

Model Rule--Increments of Progress


Sec.  60.2575  What are my requirements for meeting increments of 
progress and achieving final compliance?

    If you plan to achieve compliance more than 1 year following the 
effective date of state plan approval, you must meet the two increments 
of progress specified in paragraphs (a) and (b) of this section:
    (a) Submit a final control plan; and
    (b) Achieve final compliance.


Sec.  60.2580  When must I complete each increment of progress?

    Table 1 of this subpart specifies compliance dates for each of the 
increments of progress.


Sec.  60.2585  What must I include in the notifications of achievement 
of increments of progress?

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


Sec.  60.2590  When must I submit the notifications of achievement of 
increments of progress?

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


Sec.  60.2595  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date for that increment of progress in table 1 of this 
subpart. You must inform the Administrator that you did not meet the 
increment, and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.


Sec.  60.2600  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section:
    (a) Submit the final control plan that includes the five items 
described in paragraphs (a)(1) through (5) of this section:
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission 
limitations and other requirements of this subpart;
    (2) The type(s) of waste to be burned;
    (3) The maximum design waste burning capacity;
    (4) The anticipated maximum charge rate; and
    (5) If applicable, the petition for site-specific operating limits 
under Sec.  60.2680.
    (b) Maintain an onsite copy of the final control plan.


Sec.  60.2605  How do I comply with the increment of progress for 
achieving final compliance?

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


Sec.  60.2610  What must I do if I close my CISWI unit and then restart 
it?

    (a) If you close your CISWI unit but will restart it prior to the 
final compliance date in your state plan, you must meet the increments 
of progress specified in Sec.  60.2575.
    (b) If you close your CISWI unit but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limitations and operating limits on the date your 
unit restarts operation.


Sec.  60.2615  What must I do if I plan to permanently close my CISWI 
unit and not restart it?

    If you plan to close your CISWI unit rather than comply with the 
state plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.

Model Rule--Waste Management Plan


Sec.  60.2620  What is a waste management plan?

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


Sec.  60.2625  When must I submit my waste management plan?

    You must submit a waste management plan no later than the date 
specified in table 1 of this subpart for submittal of the final control 
plan.


Sec.  60.2630  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.

Model Rule--Operator Training and Qualification


Sec.  60.2635  What are the operator training and qualification 
requirements?

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility

[[Page 41006]]

within 1 hour. The trained and qualified CISWI unit operator may 
operate the CISWI unit directly or be the direct supervisor of one or 
more other plant personnel who operate the unit. If all qualified CISWI 
unit operators are temporarily not accessible, you must follow the 
procedures in Sec.  60.2665.
    (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 eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) 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) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions;
    (viii) Bottom and fly ash characteristics and handling procedures;
    (ix) Applicable federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards;
    (x) Pollution prevention; and
    (xi) Waste management practices.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.


Sec.  60.2640  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
three dates specified in paragraphs (a) through (c) of this section:
    (a) The final compliance date (Increment 2);
    (b) Six months after CISWI unit startup; and
    (c) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec.  60.2645  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2635(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec.  60.2635(c)(2).


Sec.  60.2650  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) Prevention and correction of malfunctions or conditions that 
may lead to malfunction; and
    (e) Discussion of operating problems encountered by attendees.


Sec.  60.2655  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section:
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  60.2650; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2645(a).


Sec.  60.2660  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by 
paragraph (c) of this section in a manner that they can be readily 
accessed and are suitable for inspection upon request:
    (1) Summary of the applicable standards under this subpart;
    (2) Procedures for receiving, handling, and charging waste;
    (3) Incinerator startup, shutdown, and malfunction procedures;
    (4) Procedures for maintaining proper combustion air supply levels;
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart;
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits;
    (7) Reporting and recordkeeping procedures;
    (8) The waste management plan required under Sec. Sec.  60.2620 
through 60.2630;
    (9) Procedures for handling ash; and
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each incinerator operator:
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of the three dates 
specified in paragraphs (b)(1)(i) through (iii) of this section:
    (i) The final compliance date (Increment 2);
    (ii) Six months after CISWI unit startup; and
    (iii) Six months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted no later than 12 months 
following the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section:
    (1) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  60.2660(a) as required by 
Sec.  60.2660(b), including the date of the initial review and all 
subsequent annual reviews;
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2635, met 
the criteria for qualification under Sec.  60.2645, and maintained or 
renewed their qualification under Sec.  60.2650 or Sec.  60.2655. 
Records must include documentation of training, the dates of the 
initial refresher training, and the dates of their qualification and 
all subsequent renewals of such qualifications; and
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  60.2665  What if all the qualified operators are temporarily not 
accessible?

    If all qualified operators are temporarily not accessible (i.e., 
not at the facility and not able to be at the facility within 1 hour), 
you must meet one of the two criteria specified in paragraphs (a) and 
(b) of this section, depending on the length of time that a qualified 
operator is not accessible:

[[Page 41007]]

    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec.  60.2660(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  60.2770;
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section:
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible; and
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to 
continue operation of the CISWI unit. You must submit the first status 
report 4 weeks after you notify the Administrator of the deviation 
under paragraph (b)(1) of this section. If the Administrator notifies 
you that your request to continue operation of the CISWI unit is 
disapproved, the CISWI unit may continue operation for 90 days, then 
must cease operation. Operation of the unit may resume if you meet the 
two requirements in paragraphs (b)(2)(i) and (ii) of this section:
    (i) A qualified operator is accessible as required under Sec.  
60.2635(a); and
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Model Rule--Emission Limitations and Operating Limits


Sec.  60.2670  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 2 of this subpart or 
tables 6 through 9 of this subpart by the final compliance date under 
the approved state plan, federal plan, or delegation, as applicable. 
The emission limitations apply at all times the unit is operating 
including and not limited to startup, shutdown, or malfunction.
    (b) Units that do not use wet scrubbers must maintain opacity to 
less than or equal to the percent opacity (three 1-hour blocks 
consisting of ten 6-minute average opacity values) specified in table 2 
of this subpart, as applicable.


Sec.  60.2675  What operating limits must I meet and by when?

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 3 of this subpart) as 
described in paragraphs (a)(1) through (4) of this section during the 
initial performance test:
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii) of this section, as 
appropriate:
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations; and
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet particulate matter 
scrubber, which is calculated as the lowest 1-hour 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 lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter 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 lowest 
1-hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier). You must conduct an 
initial performance evaluation of each continuous monitoring system and 
continuous parameter monitoring system within 60 days of installation 
of the monitoring system.
    (c) If you use a fabric filter to comply with the emission 
limitations and you do not use a PM CPMS for monitoring PM compliance, 
you must operate each fabric filter system such that the bag leak 
detection system alarm does not sound more than 5 percent of the 
operating time during a 6-month period. In calculating this operating 
time percentage, if inspection of the fabric filter demonstrates that 
no corrective action is required, no alarm time is counted. If 
corrective action is required, each alarm shall be counted as a minimum 
of 1 hour. If you take longer than 1 hour to initiate corrective 
action, the alarm time shall be counted as the actual amount of time 
taken by you to initiate corrective action.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations and you do not use a PM CPMS for monitoring PM 
compliance, you must measure the (secondary) voltage and amperage of 
the electrostatic precipitator collection plates during the particulate 
matter performance test. Calculate the average electric power value 
(secondary voltage x secondary current = secondary electric power) for 
each test run. The operating limit for the electrostatic precipitator 
is calculated as the lowest 1-hour average secondary electric power 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (e) If you use activated carbon sorbent injection to comply with 
the emission limitations, you must measure the sorbent flow rate during 
the performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lowest secondary chamber 
temperature,

[[Page 41008]]

and lowest reagent flow rate measured during the most recent 
performance test demonstrating compliance with the nitrogen oxides 
emission limitations.
    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
of each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at 
lower loads, multiply your sorbent injection rate by the load fraction, 
as defined in this subpart, to determine the required injection rate 
(e.g., for 50 percent load, multiply the injection rate operating limit 
by 0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, 
or fabric filter to comply with the emission limitations, and if you do 
not determine compliance with your particulate matter emission 
limitation with either a particulate matter CEMS or a particulate 
matter CPMS, you must maintain opacity to less than or equal to ten 
percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section:
    (1) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
all hourly average output values (milliamps, or the digital signal 
equivalent) from the PM CPMS for the periods corresponding to the test 
runs (e.g., three 1-hour average PM CPMS output values for three 1-hour 
test runs):
    (i) Your PM CPMS must provide a 4-20 milliamp output, or the 
digital signal equivalent, and the establishment of its relationship to 
manual reference method measurements must be determined in units of 
milliamps or digital bits;
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS is an auto-ranging 
instrument capable of multiple scales, the primary range of the 
instrument must be capable of reading PM concentration from zero to a 
level equivalent to two times your allowable emission limit; and
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values, or their digital equivalent, 
from the PM CPMS for the periods corresponding to the compliance test 
runs (e.g., average all your PM CPMS output values for three 
corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below 
75 percent of your PM emission limit, you must calculate an operating 
limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
output values corresponding to the three compliance test runs, and the 
average PM concentration from the Method 5 or performance test with the 
procedures in (i)(1)through (5) of this section:
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench;
    (B) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air;
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your 
source is combusting only natural gas) and plotting these with the 
compliance data to find the zero intercept; and
    (D) If none of the steps in paragraphs (i)(2)(i)(A) through (C) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1:
[GRAPHIC] [TIFF OMITTED] TR23JN16.008

Where:

X1 = the PM CPMS output data points for the three runs 
constituting the performance test,
Y1 = the PM concentration value for the three runs 
constituting the performance test, and
n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, or the 
digital equivalent, your three run average PM CPMS milliamp value, or 
its digital equivalent, and your three run average PM concentration 
from your three compliance tests, determine a relationship of mg/dscm 
per milliamp or digital signal equivalent, with equation 2:
[GRAPHIC] [TIFF OMITTED] TR23JN16.009

Where:

R = the relative mg/dscm per milliamp, or the digital equivalent, 
for your PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp output, or the 
digital equivalent, from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument 
zero determined from paragraph (i)(2)(i) of this section.

    (iv) Determine your source specific 30-day rolling average 
operating limit using the mg/dscm per milliamp value, or per digital 
signal equivalent, from equation 2 in equation 3, below. This sets your 
operating limit at the PM CPMS output value corresponding to 75 percent 
of your emission limit:

[[Page 41009]]

[GRAPHIC] [TIFF OMITTED] TR23JN16.010

Where:

Ol = the operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or their digital signal equivalent,
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or digital equivalent, 
determined from paragraph (i)(2)(i) of this section, and
R = the relative mg/dscm per milliamp, or per digital signal output 
equivalent, for your PM CPMS, from equation 2.

    (3) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp or digital signal 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 4 and you 
must submit all compliance test and PM CPMS data according to the 
reporting requirements in paragraph (i)(5) of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.011

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or 
digital signal equivalent.

    (4) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (e.g., milliamps or 
digital signal bits, PM concentration, raw data signal) on a 30-day 
rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g., beta 
attenuation), span of the instruments primary analytical range, 
milliamp or digital signal value equivalent to the instrument zero 
output, technique by which this zero value was determined, and the 
average milliamp or digital signals corresponding to each PM compliance 
test run.


Sec.  60.2680  What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    (a) If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or 
limit emissions in some other manner, including mass balances, to 
comply with the emission limitations under Sec.  60.2670, you must 
petition the EPA Administrator for specific operating limits to be 
established during the initial performance test and continuously 
monitored thereafter. You must submit the petition at least sixty days 
before the performance test is scheduled to begin. Your petition must 
include the five items listed in paragraphs (a)(1) through (5) of this 
section:
    (1) Identification of the specific parameters you propose to use as 
additional operating limits;
    (2) 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;
    (3) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits 
on these parameters;
    (4) 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; and
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (b) [Reserved]

Model Rule--Performance Testing


Sec.  60.2690  How do I conduct the initial and annual performance 
test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec.  60.2740(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in tables 2 and 6 through 9 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR23JN16.012


[[Page 41010]]


Where:

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

    (g) You must determine dioxins/furans toxic equivalency by 
following the procedures in paragraphs (g)(1) through (4) of this 
section:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. [Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.];
    (3) For each dioxin/furan (tetra- through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic 
equivalency factor specified in table 4 of this subpart; and
    (4) Sum the products calculated in accordance with paragraph (g)(3) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 must be used to 
determine compliance with the fugitive ash emission limit in table 2 of 
this subpart or tables 6 through 9 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4, based on three 1-hour blocks consisting of ten 
6-minute average opacity values, unless you are required to install a 
continuous opacity monitoring system, consistent with Sec.  60.2710 and 
Sec.  60.2730.
    (j) You must determine dioxins/furans total mass basis by following 
the procedures in paragraphs (j)(1) through (3) of this section:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7;
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.); and
    (3) Sum the quantities measured in accordance with paragraphs 
(j)(1) and (2) of this section to obtain the total concentration of 
dioxins/furans emitted in terms of total mass basis.


Sec.  60.2695  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 2 of this subpart or tables 6 through 
9 of this subpart.

Model Rule--Initial Compliance Requirements


Sec.  60.2700  How do I demonstrate initial compliance with the amended 
emission limitations and establish the operating limits?

    You must conduct a performance test, as required under Sec. Sec.  
60.2670 and 60.2690, to determine compliance with the emission 
limitations in table 2 of this subpart and tables 6 through 9 of this 
subpart, to establish compliance with any opacity operating limits in 
Sec.  60.2675, to establish the kiln-specific emission limit in Sec.  
60.2710(y), as applicable, and to establish operating limits using the 
procedures in Sec.  60.2675 or Sec.  60.2680. The performance test must 
be conducted using the test methods listed in table 2 of this subpart 
and tables 6 through 9 of this subpart and the procedures in Sec.  
60.2690. The use of the bypass stack during a performance test shall 
invalidate the performance test. You must conduct a performance 
evaluation of each continuous monitoring system within 60 days of 
installation of the monitoring system.


Sec.  60.2705  By what date must I conduct the initial performance 
test?

    (a) The initial performance test must be conducted no later than 
180 days after your final compliance date. Your final compliance date 
is specified in table 1 of this subpart.
    (b) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you conducted a test consistent with the provisions of this subpart 
while combusting the given solid waste within the 6 months preceding 
the reintroduction of that solid waste in the combustion chamber, you 
do not need to retest until 6 months from the date you reintroduce that 
solid waste.
    (c) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you have not conducted a performance test consistent with the 
provisions of this subpart while combusting the given solid waste 
within the 6 months preceding the reintroduction of that solid waste in 
the combustion chamber, you must conduct a performance test within 60 
days from the date you reintroduce solid waste.


Sec.  60.2706  By what date must I conduct the initial air pollution 
control device inspection?

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the final compliance date for 
meeting the amended emission limitations.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless the 
owner or operator obtains written approval from the state agency 
establishing a date whereby all necessary repairs of the designated 
facility must be completed.

Model Rule--Continuous Compliance Requirements


Sec.  60.2710  How do I demonstrate continuous compliance with the 
amended emission limitations and the operating limits?

    (a) Compliance with standards. (1) The emission standards and 
operating requirements set forth in this subpart apply at all times.
    (2) If you cease combusting solid waste you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a 
date selected by you, that must be at least 6 months from the date that 
you ceased combusting solid waste, consistent with Sec.  60.2710(a)(2). 
Your source must remain in compliance

[[Page 41011]]

with this subpart until the effective date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to 
the provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any Section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch. All calibration and drift 
checks must be performed as of the effective date of the waste-to-fuel, 
or fuel-to-waste switch. Relative accuracy tests must be performed as 
of the performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed consistent with section 112 
monitoring requirements or monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 2 of this subpart or tables 6 through 9 of this subpart 
and opacity for each CISWI unit as required under Sec.  60.2690. The 
annual performance test must be conducted using the test methods listed 
in table 2 of this subpart or tables 6 through 9 of this subpart and 
the procedures in Sec.  60.2690. Opacity must be measured using EPA 
Reference Method 9 at 40 CFR part 60. Annual performance tests are not 
required if you use CEMS or continuous opacity monitoring systems to 
determine compliance.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.2675 or established under Sec.  60.2680 and as 
specified in Sec.  60.2735. Operation above the established maximum or 
below the established minimum operating limits constitutes a deviation 
from the established operating limits. Three-hour block average values 
are used to determine compliance (except for baghouse leak detection 
system alarms) unless a different averaging period is established under 
Sec.  60.2680 or, for energy recovery units, where the averaging time 
for each operating parameter is a 30-day rolling, calculated each hour 
as the average of the previous 720 operating hours over the previous 30 
days of operation. Operation above the established maximum, below the 
established minimum, or outside the allowable range of the operating 
limits specified in paragraph (a) of this section constitutes a 
deviation from your operating limits established under this subpart, 
except during performance tests conducted to determine compliance with 
the emission and operating limits or to establish new operating limits. 
Operating limits are confirmed or reestablished during performance 
tests.
    (d) You must burn only the same types of waste and fuels used to 
establish subcategory applicability (for ERUs) and operating limits 
during the performance test.
    (e) For energy recovery units, incinerators, and small remote 
units, you must perform annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity using EPA Reference Method 9 at 40 CFR 
part 60 (except where particulate matter continuous monitoring system 
or continuous parameter monitoring systems are used) and the pollutants 
listed in table 7 of this subpart.
    (g) For facilities using a CEMS to demonstrate compliance with the 
carbon monoxide emission limit, compliance with the carbon monoxide 
emission limit may be demonstrated by using the CEMS according to the 
following requirements:
    (1) You must measure emissions according to Sec.  60.13 to 
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. 
CEMS data during startup and shutdown, as defined in this subpart, are 
not corrected to 7 percent oxygen, and are measured at stack oxygen 
content. You must demonstrate initial compliance with the carbon 
monoxide emissions limit using a 30-day rolling average of the 1-hour 
arithmetic average emission concentrations, including CEMS data during 
startup and shutdown as defined in this subpart, calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7.
    (2) Operate the carbon monoxide continuous emissions monitoring 
system in accordance with the applicable requirements of performance 
specification 4A of appendix B and the quality assurance procedures of 
appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with annual average 
heat input rates greater than 250 MMBtu/hr may elect to demonstrate 
continuous compliance with the particulate matter emissions limit using 
a particulate matter CEMS according to the procedures in Sec.  
60.2730(n) instead of the continuous parameter monitoring system 
specified in Sec.  60.2710(i). Coal and liquid/gas energy recovery 
units with annual average heat input rates less than 250 MMBtu/hr, 
incinerators, and small remote incinerators may also elect to 
demonstrate compliance using a particulate matter CEMS according to the 
procedures in Sec.  60.2730(n) instead of particulate matter testing 
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, 
the continuous opacity monitoring requirements in paragraph (i) of this 
section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you 
must install, operate, certify and maintain a continuous opacity 
monitoring system (COMS) according to the procedures in Sec.  60.2730.

[[Page 41012]]

    (j) For waste-burning kilns, you must conduct an annual performance 
test for the pollutants (except mercury and particulate matter, and 
hydrogen chloride if no acid gas wet scrubber is used) listed in table 
8 of this subpart. If you do not use an acid gas wet scrubber or dry 
scrubber, you must determine compliance with the hydrogen chloride 
emissions limit according to the requirements in paragraph (j)(1) of 
this section. You must determine compliance with the mercury emissions 
limit using a mercury CEMS according to paragraph (j)(2) of this 
section. You must determine compliance with particulate matter using 
CPMS:
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification 15 (PS 15) of appendix B to 40 CFR part 60, or, PS 18 of 
appendix B to 40 CFR part 60. You must operate, maintain, and quality 
assure a HCl CEMS installed and certified under PS 15 according to the 
quality assurance requirements in Procedure 1 of appendix F to 40 CFR 
part 60 except that the Relative Accuracy Test Audit requirements of 
Procedure 1 must be replaced with the validation requirements and 
criteria of sections 11.1.1 and 12.0 of PS 15. You must operate, 
maintain and quality assure a HCl CEMS installed and certified under PS 
18 according to the quality assurance requirements in Procedure 6 of 
appendix F to 40 CFR part 60. For any performance specification that 
you use, you must use Method 321 of appendix A to 40 CFR part 63 as the 
reference test method for conducting relative accuracy testing. The 
span value and calibration requirements in paragraphs (j)(1)(i) and 
(ii) of this section apply to all HCl CEMS used under this subpart:
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw unless the monitor is installed on a kiln without an inline raw 
mill. Kilns without an inline raw mill may use a higher span value 
sufficient to quantify all expected emissions concentrations. The HCl 
CEMS data recorder output range must include the full range of expected 
HCl concentration values which would include those expected during 
``mill off'' conditions. The corresponding data recorder range shall be 
documented in the site-specific monitoring plan and associated records; 
and
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (j)(1)(ii)(A) 
through (C) of this section:
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 ppm of 
total HCl. The requirements of the appropriate HCl monitor performance 
specification shall be followed for this second span with the exception 
that a RATA with the mill off is not required;
    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(j)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference gas with a certified value greater than your 
highest expected hourly concentration or greater than 75% of the 
highest measured hourly concentration. The ``above span'' reference gas 
must meet the requirements of the applicable performance specification 
and must be introduced to the measurement system at the probe. Record 
and report the results of this procedure as you would for a daily 
calibration. The ``above span linearity'' challenge is successful if 
the value measured by the HCl CEMS falls within 10 percent of the 
certified value of the reference gas. If the value measured by the HCl 
CEMS during the above span linearity challenge exceeds 10 percent of 
the certified value of the reference gas, the monitoring system must be 
evaluated and repaired and a new ``above span linearity'' challenge met 
before returning the HCl CEMS to service, or data above span from the 
HCl CEMS must be subject to the quality assurance procedures 
established in (j)(1)(ii)(D) of this section. In this manner values 
measured by the HCl CEMS during the above span linearity challenge 
exceeding +/-20 percent of the certified value of the reference gas 
must be normalized using equation 6;
    (C) Quality assure any data above the span value established in 
paragraph (j)(1)(i) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of HCl 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' HCl reference gas standard to the 
HCl CEMS. The ``above span'' reference gas must meet the requirements 
of the applicable performance specification and target a concentration 
level between 50 and 150 percent of the highest expected hourly 
concentration measured during the period of measurements above span, 
and must be introduced at the probe. While this target represents a 
desired concentration range that is not always achievable in practice, 
it is expected that the intent to meet this range is demonstrated by 
the value of the reference gas. Expected values may include above span 
calibrations done before or after the above-span measurement period. 
Record and report the results of this procedure as you would for a 
daily calibration. The ``above span'' calibration is successful if the 
value measured by the HCl CEMS is within 20 percent of the certified 
value of the reference gas. If the value measured by the HCl CEMS is 
not within 20 percent of the certified value of the reference gas, then 
you must normalize the stack gas values measured above span as 
described in paragraph (j)(1)(ii)(D) of this section. If the ``above 
span'' calibration is conducted during the period when measured 
emissions are above span and there is a failure to collect the one data 
point in an hour due to the calibration duration, then you must 
determine the emissions average for that missed hour as the average of 
hourly averages for the hour preceding the missed hour and the hour 
following the missed hour. In an hour where an ``above span'' 
calibration is being conducted and one or more data points are 
collected, the emissions average is represented by the average of all 
valid data points collected in that hour; and
    (D) In the event that the ``above span'' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must normalize 
the one-hour average stack gas values measured above the span during 
the 24-hour period preceding or following the ``above span'' 
calibration for reporting based on the HCl CEMS response to the 
reference gas as shown in equation 6:
[GRAPHIC] [TIFF OMITTED] TR23JN16.013

    Only one ``above span'' calibration is needed per 24-hour period.
    (2) Compliance with the mercury emissions limit must be determined 
using a mercury CEMS according to the following requirements:

[[Page 41013]]

    (i) You must operate a CEMS in accordance with performance 
specification 12A at 40 CFR part 60, appendix B or a sorbent trap based 
integrated monitor in accordance with performance specification 12B at 
40 CFR part 60, appendix B. The duration of the performance test must 
be a calendar month. For each calendar month in which the waste-burning 
kiln operates, hourly mercury concentration data and stack gas 
volumetric flow rate data must be obtained. You must demonstrate 
compliance with the mercury emissions limit using a 30-day rolling 
average of these 1-hour mercury concentrations, including CEMS data 
during startup and shutdown as defined in this subpart, calculated 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7 of this part. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content;
    (ii) Owners or operators using a mercury continuous emissions 
monitoring systems must install, operate, calibrate and maintain an 
instrument for continuously measuring and recording the mercury mass 
emissions rate to the atmosphere according to the requirements of 
performance specifications 6 and 12A at 40 CFR part 60, appendix B and 
quality assurance procedure 5 at 40 CFR part 60, appendix F; and
    (iii) The owner or operator of a waste-burning kiln must 
demonstrate initial compliance by operating a mercury CEMS while the 
raw mill of the in-line kiln/raw mill is operating under normal 
conditions and including at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation; 
and
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec.  60.13(i).
    (l) For each CMS required in this section, you must develop and 
submit to the EPA Administrator for approval a site-specific monitoring 
plan according to the requirements of this paragraph (l) that addresses 
paragraphs (l)(1)(i) through (vi) of this section:
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system:
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer 
and the data collection and reduction systems;
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations);
    (iv) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec.  60.11(d);
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b),(c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring 
plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section:
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow;
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent;
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances; and
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in 
paragraphs (l) and (n)(1) through (6) of this section:
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop);
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion;
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the 
pressure monitoring system operating range, whichever is less;
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap plugging daily);
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually; and
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section:
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH;
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured;
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day; and
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 
of the pH of the operating limit) of the pH monitoring system in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) and (2) of this 
section:
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates; and
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time 
of each performance

[[Page 41014]]

test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) and (2) of this section:
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate; and
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system 
to comply with the requirements of this subpart, you must install, 
calibrate, maintain, and continuously operate a bag leak detection 
system as specified in paragraphs (l) and (r)(1) through (5) of this 
section:
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter;
    (2) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less;
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec.  60.17);
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor; and
    (5) Use a bag leak detection system equipped with a system that 
will sound an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec.  
60.2730 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, using equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur dioxide 
CEMS must be operated according to performance specification 2 in 
appendix B of this part and must follow the procedures and methods 
specified in paragraph (s) of this section. For sources that have 
actual inlet emissions less than 100 parts per million dry volume, the 
relative accuracy criterion for inlet sulfur dioxide CEMS should be no 
greater than 20 percent of the mean value of the reference method test 
data in terms of the units of the emission standard, or 5 parts per 
million dry volume absolute value of the mean difference between the 
reference method and the CEMS, whichever is greater:
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of this part, collect sulfur 
dioxide and oxygen (or carbon dioxide) data concurrently (or within a 
30- to 60-minute period) with both the CEMS and the test methods 
specified in paragraphs (s)(1)(i) and (ii) of this section:
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec.  60.17) must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this subpart. 
The span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this subpart.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous 
compliance with the nitrogen oxides emission limit, compliance with the 
nitrogen oxides emission limit may be demonstrated by using the CEMS 
specified in Sec.  60.2730 to measure nitrogen oxides. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. You must 
calculate a 30-day rolling average of the 1-hour arithmetic average 
emission concentration using equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7. The nitrogen 
oxides CEMS must be operated according to performance specification 2 
in appendix B of this part and must follow the procedures and methods 
specified in paragraphs (t)(1) through (4) of this section:
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of this part, collect 
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or 
within a 30- to 60-minute period) with both the CEMS and the test 
methods specified in paragraphs (t)(1)(i) and (ii) of this section:
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR 
part 60, appendix A-4 must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the CEMS must be 125 percent of the maximum 
estimated hourly potential nitrogen oxide emissions of unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through (iv) 
of this section. This relationship may be reestablished during 
performance compliance tests:
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec.  60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor;
    (ii) Samples must be taken for at least 30 minutes in each hour;
    (iii) Each sample must represent a 1-hour average; and
    (iv) A minimum of 3 runs must be performed.

[[Page 41015]]

    (u) For facilities using a continuous emissions monitoring system 
to demonstrate continuous compliance with any of the emission limits of 
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown, as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. CEMS 
data during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen 
content; and
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain an oxygen analyzer system as 
defined in Sec.  60.2875 according to the procedures in paragraphs 
(w)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2675;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during 
the most recent CO performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (x)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with paragraphs (l) and (x)(1)(i) through 
(iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation of the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps or the digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2675.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or their digital 
equivalent).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional 
testing for any deviations that occur between the time of the original 
deviation and the PM emissions compliance test required under paragraph 
(x) of this section; and
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack(s), the combined emissions 
are subject to

[[Page 41016]]

the emission limits applicable to waste-burning kilns. To determine the 
kiln-specific emission limit for demonstrating compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 7:
    [GRAPHIC] [TIFF OMITTED] TR23JN16.014
    
Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O2.)
Qks = Kiln stack flow rate (volume/hr)

    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill.
    (3) For purposes of determining the combined emissions from kilns 
equipped with an alkali bypass or that exhaust kiln gases to a coal 
mill that exhausts through a separate stack, instead of installing a 
CEMS or PM CPMS on the alkali bypass stack or in-line coal mill stack, 
the results of the initial and subsequent performance test can be used 
to demonstrate compliance with the relevant emissions limit. A 
performance test must be conducted on an annual basis (between 11 and 
13 calendar months following the previous performance test).


Sec.  60.2715  By what date must I conduct the annual performance test?

    You must conduct annual performance tests between 11 and 13 months 
of the previous performance test.


Sec.  60.2716  By what date must I conduct the annual air pollution 
control device inspection?

    On an annual basis (no more than 12 months following the previous 
annual air pollution control device inspection), you must complete the 
air pollution control device inspection as described in Sec.  60.2706.


Sec.  60.2720  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  60.2715, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward, as specified in Sec.  60.2725. The Administrator may request a 
repeat performance test at any time;
    (2) You must repeat the performance test within 60 days of a 
process change, as defined in Sec.  60.2875; and
    (3) If the initial or any subsequent performance test for any 
pollutant in table 2 or tables 6 through 9 of this subpart, as 
applicable, demonstrates that the emission level for the pollutant is 
no greater than the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, and you are not required to 
conduct a performance test for the pollutant in response to a request 
by the Administrator in paragraph (a)(1) of this section or a process 
change in paragraph (a)(2) of this section, you may elect to skip 
conducting a performance test for the pollutant for the next 2 years. 
You must conduct a performance test for the pollutant during the third 
year and no more than 37 months following the previous performance test 
for the pollutant. For cadmium and lead, both cadmium and lead must be 
emitted at emission levels no greater than their respective emission 
levels specified in paragraph (a)(3)(i) of this section for you to 
qualify for less frequent testing under paragraph (a) of this section:
    (i) For particulate matter, hydrogen chloride, mercury, carbon 
monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/
furans, the emission level equal to 75 percent of the applicable 
emission limit in table 2 or tables 6 through 9 of this subpart, as 
applicable, to this subpart; and
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observation periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved]


Sec.  60.2725  May I conduct a repeat performance test to establish new 
operating limits?

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

Model Rule--Monitoring


Sec.  60.2730  What monitoring equipment must I install and what 
parameters must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec.  60.2670, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 
3 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in table 3 of this subpart at all times except as specified in Sec.  
60.2735(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart and you do not use a PM CPMS for monitoring PM compliance, 
you must install, calibrate, maintain, and continuously operate a bag 
leak detection system as specified in paragraphs (b)(1) through (8) of 
this section:
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter;
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations;
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less;
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings;

[[Page 41017]]

    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor;
    (6) The bag leak detection system must be equipped with an alarm 
system that will alert automatically an operator when an increase in 
relative particulate matter emission over a preset level is detected. 
The alarm must be located where it is observed easily by plant 
operating personnel;
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or 
cell. For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter; and
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using something other than a wet scrubber, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec.  60.2670, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  60.2680.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.2690, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature (if applicable to your CISWI unit) or the minimum reagent 
flow rate measured as 3-hour block averages at all times; and
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart and you do not use a PM CPMS for 
monitoring PM compliance, you must monitor the secondary power to the 
electrostatic precipitator collection plates and maintain the 3-hour 
block averages at or above the operating limits established during the 
mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry 
scrubber, in place of hydrogen chloride testing with EPA Method 321 at 
40 CFR part 63, appendix A, an owner or operator must install, 
calibrate, maintain, and operate a CEMS for monitoring hydrogen 
chloride emissions, as specified in Sec.  60.2710(j), discharged to the 
atmosphere and record the output of the system. To demonstrate 
continuous compliance with the hydrogen chloride emissions limit for 
units other than waste-burning kilns not equipped with a wet scrubber 
or dry scrubber, a facility may substitute use of a hydrogen chloride 
CEMS for conducting the hydrogen chloride annual performance test, 
monitoring the minimum hydrogen chloride sorbent flow rate, monitoring 
the minimum scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate 
matter emissions limit, a facility may substitute use of either a 
particulate matter CEMS or a particulate matter CPMS for conducting the 
particulate matter annual performance test and other CMS monitoring for 
PM compliance (e.g., bag leak detectors, ESP secondary power, PM 
scrubber pressure).
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the dioxin/furan annual performance test. 
You must record the output of the system and analyze the sample 
according to EPA Method 23 at 40 CFR part 60, appendix A-7. This option 
to use a continuous automated sampling system takes effect on the date 
a final performance specification applicable to dioxin/furan from 
continuous monitors is published in the Federal Register. The owner or 
operator who elects to continuously sample dioxin/furan emissions 
instead of sampling and testing using EPA Method 23 at 40 CFR part 60, 
appendix A-7 must install, calibrate, maintain and operate a continuous 
automated sampling system and must comply with the requirements 
specified in Sec.  60.58b(p) and (q). A facility may substitute 
continuous dioxin/furan monitoring for the minimum sorbent flow rate, 
if activated carbon sorbent injection is used solely for compliance 
with the dioxin/furan emission limit.
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance 
specification 12B criteria. This option to use a continuous automated 
sampling system takes effect on the date a final performance 
specification applicable to mercury from monitors is published in the 
Federal Register. The owner or operator who elects to continuously 
sample mercury emissions instead of sampling and testing using EPA 
Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-02 
(Reapproved 2008) (incorporated by reference, see Sec.  60.17), or an 
approved alternative method for measuring mercury emissions, must 
install, calibrate, maintain and operate a continuous automated 
sampling system and must comply with the requirements specified in 
Sec.  60.58b(p) and (q). A facility may substitute continuous mercury 
monitoring for the minimum sorbent flow rate, if activated carbon 
sorbent injection is used solely for compliance with the mercury 
emission limit. Waste-burning kilns must install, calibrate, maintain, 
and operate a mercury CEMS as specified in Sec.  60.2710(j).
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a CEMS for the 
nitrogen oxides annual performance test to demonstrate compliance with 
the nitrogen oxides emissions limits and monitoring the charge rate, 
secondary chamber temperature and reagent flow for selective 
noncatalytic reduction, if applicable:
    (1) Install, calibrate, maintain and operate a CEMS for measuring 
nitrogen oxides emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation and operation of the CEMS; and
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec.  
60.2690, compliance with the emission limit for nitrogen oxides 
required under Sec.  60.52b(d) must be determined based on the 30-day 
rolling average of the hourly emission concentrations using CEMS outlet 
data. The 1-hour arithmetic averages must be expressed in parts per 
million by volume corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average concentrations.

[[Page 41018]]

CEMS data during startup and shutdown, as defined in this subpart, are 
not corrected to 7 percent oxygen, and are measured at stack oxygen 
content. The 1-hour arithmetic averages must be calculated using the 
data points required under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the sulfur dioxide annual performance 
test to demonstrate compliance with the sulfur dioxide emissions 
limits:
    (1) Install, calibrate, maintain and operate a CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance requirements of 
procedure 1 of appendix F of this part and the procedures under Sec.  
60.13 must be followed for installation, evaluation and operation of 
the CEMS; and
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec.  
60.2690, compliance with the sulfur dioxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data. The 1-hour 
arithmetic averages must be expressed in parts per million corrected to 
7 percent oxygen (dry basis) and used to calculate the 30-day rolling 
average emission concentrations. CEMS data during startup and shutdown, 
as defined in this subpart, are not corrected to 7 percent oxygen, and 
are measured at stack oxygen content. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec.  
60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250 
MMBtu/hr annual average heat input rates that do not use a wet 
scrubber, fabric filter with bag leak detection system, or particulate 
matter CEMS, you must install, operate, certify and maintain a 
continuous opacity monitoring system according to the procedures in 
paragraphs (m)(1) through (5) of this section by the compliance date 
specified in Sec.  60.2670. Energy recovery units that use a 
particulate matter CEMS to demonstrate initial and continuing 
compliance according to the procedures in Sec.  60.2730(n) are not 
required to install a continuous opacity monitoring system and must 
perform the annual performance tests for opacity consistent with Sec.  
60.2710(f):
    (1) Install, operate and maintain each continuous opacity 
monitoring system according to performance specification 1 at 40 CFR 
part 60, appendix B;
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec.  60.13 and 
according to performance specification 1 at 40 CFR part 60, appendix B;
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period;
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec.  60.13(h)(1); and
    (5) Determine and record all the 6-minute averages (and 1-hour 
block averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, 
and small remote incinerators, an owner or operator may elect to 
install, calibrate, maintain and operate a CEMS for monitoring 
particulate matter emissions discharged to the atmosphere and record 
the output of the system. The owner or operator of an affected facility 
who continuously monitors particulate matter emissions instead of 
conducting performance testing using EPA Method 5 at 40 CFR part 60, 
appendix A-3 or, as applicable, monitor with a particulate matter CPMS 
according to paragraph (r) of this section, must install, calibrate, 
maintain and operate a CEMS and must comply with the requirements 
specified in paragraphs (n)(1) through (13) of this section:
    (1) Notify the Administrator 1 month before starting use of the 
system;
    (2) Notify the Administrator 1 month before stopping use of the 
system;
    (3) The monitor must be installed, evaluated and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
2 of appendix F of this part and Sec.  60.13;
    (4) The initial performance evaluation must be completed no later 
than 180 days after the final compliance date for meeting the amended 
emission limitations, as specified under Sec.  60.2690 or within 180 
days of notification to the Administrator of use of the continuous 
monitoring system if the owner or operator was previously determining 
compliance by Method 5 at 40 CFR part 60, appendix A-3 performance 
tests, whichever is later;
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec.  60.2710(t)(4)(i) through 
(iv);
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec.  60.2690. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in paragraph (n) of this section 
to measure particulate matter. You must calculate a 30-day rolling 
average of 1-hour arithmetic average emission concentrations, including 
CEMS data during startup and shutdown, as defined in this subpart, 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7 of this part;
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, Appendix A-7 of the part from the 1-hour arithmetic average of 
the CEMS outlet data.
    (8) At a minimum, valid continuous monitoring system hourly 
averages must be obtained as specified Sec.  60.2735;
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (or carbon dioxide) (dry basis) and 
must be used to calculate the 30-day rolling average emission 
concentrations. CEMS data during startup and shutdown, as defined in 
this subpart, are not corrected to 7 percent oxygen, and are measured 
at stack oxygen content. The 1-hour arithmetic averages must be 
calculated using the data points required under Sec.  60.13(e)(2);
    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (n)(8) of this section are not met;
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of this part;
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of this part, particulate 
matter and oxygen (or carbon dioxide) data must be collected 
concurrently (or within a 30-to 60-minute period) by both the CEMS and 
the following test methods:

[[Page 41019]]

    (i) For particulate matter, EPA Reference Method 5 at 40 CFR part 
60, appendix A-3 must be used; and
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-2, as applicable, must be used; and
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the carbon monoxide annual performance 
test to demonstrate compliance with the carbon monoxide emissions 
limits:
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation, and operation of the CEMS; and
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec.  
60.2690, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data collected during 
startup or shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain 
and operate a device or method for measuring the use of the bypass 
stack including date, time and duration.
    (q) For energy recovery units with a heat input capacity of 100 
MMBtu per hour or greater that do not use a carbon monoxide CEMS, you 
must install, operate and maintain the continuous oxygen monitoring 
system as defined in Sec.  60.2875 according to the procedures in 
paragraphs (q)(1) through (4) of this section:
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2675;
    (2) You must operate the oxygen trim system within compliance with 
paragraph (q)(3) of this section at all times;
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen according 
to paragraph (q)(4) of this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test; and
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure):
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with Sec.  60.2710(l) and (r)(1)(i) 
through (iii) of this section:
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation of the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps or the digital signal equivalent;
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes; and
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2675.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or digital bits).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report); and
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return

[[Page 41020]]

the PM CPMS to operation consistent with your site-specific monitoring 
plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value;
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify the operation of the emissions control device(s). Within 45 
days of the deviation, you must re-establish the CPMS operating limit. 
You are not required to conduct additional testing for any deviations 
that occur between the time of the original deviation and the PM 
emissions compliance test required under this paragraph; and
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of 
this subpart, you must monitor the injection rate of each sorbent and 
maintain the 3-hour block averages at or above the operating limits 
established during the hydrogen chloride performance test.


Sec.  60.2735  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  60.2730, you must monitor and collect data 
according to this section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  60.2770(o)), and required 
monitoring system quality assurance or quality control activities 
including, as applicable, calibration checks and required zero and span 
adjustments. A monitoring system malfunction is any sudden, infrequent, 
not reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You are 
required to effect monitoring system repairs in response to monitoring 
system malfunctions or out-of-control periods and to return the 
monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during the monitoring system 
malfunctions, repairs associated with monitoring system malfunctions or 
out-of control periods, or required monitoring system quality assurance 
or control activities in calculations used to report emissions or 
operating levels. You must use all the data collected during all other 
periods, including data normalized for above scale readings, in 
assessing the operation of the control device and associated control 
system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

Model Rule--Recordkeeping and Reporting


Sec.  60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (w) of this section for a period 
of at least 5 years:
    (a) Calendar date of each record;
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates;
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable;
    (3) Pressure drop across the wet scrubber system every 15 minutes 
of operation or amperage to the wet scrubber every 15 minutes of 
operation, as applicable;
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable;
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec.  60.2675(d) through (g) or 
Sec.  60.2680, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits. For 
energy recovery units using activated carbon injection or a dry 
scrubber, you must also maintain records of the load fraction and 
corresponding sorbent injection rate records; and
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
60.2675(c).
    (c)-(d) [Reserved]
    (e) Identification of calendar dates and times for which data show 
a deviation from the operating limits in table 3 of this subpart or a 
deviation from other operating limits established under Sec.  
60.2675(d) through (g) or Sec.  60.2680 with a description of the 
deviations, reasons for such deviations, and a description of 
corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  60.2660(a) as required by 
Sec.  60.2660(b), including the date of the initial review and all 
subsequent annual reviews.
    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2635, met 
the criteria for qualification under Sec.  60.2645, and maintained or 
renewed their qualification under Sec.  60.2650 or Sec.  60.2655. 
Records must include documentation of training, the dates of the 
initial and refresher training, and the dates of their qualification 
and all subsequent renewals of such qualifications.
    (i) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (j) Records of calibration of any monitoring devices as required 
under Sec.  60.2730.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec.  60.2660(a).
    (m) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).
    (n) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table

[[Page 41021]]

2 of this subpart or tables 6 through 9 of this subpart, any required 
maintenance and any repairs not completed within 10 days of an 
inspection or the timeframe established by the state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems:
    (1) All 6-minute average levels of opacity;
    (2) All 1-hour average concentrations of sulfur dioxide emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (3) All 1-hour average concentrations of nitrogen oxides emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown;
    (5) All 1-hour average concentrations of particulate matter 
emissions. You must indicate which data are CEMS data during startup 
and shutdown;
    (6) All 1-hour average concentrations of mercury emissions. You 
must indicate which data are CEMS data during startup and shutdown;
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions. You must indicate which data are CEMS data during startup 
and shutdown;
    (8) All 1-hour average percent oxygen concentrations; and
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs.
    (p) Records indicating use of the bypass stack, including dates, 
times and durations.
    (q) If you choose to stack test less frequently than annually, 
consistent with Sec.  60.2720(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel 
composition and operation of air pollution control equipment that would 
cause emissions of the relevant pollutant to increase within the past 
year.
    (r) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (s) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (u) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec.  241.3(b)(1) of this chapter, you must keep a record which 
documents how the secondary material meets each of the legitimacy 
criteria under Sec.  241.3(d)(1). If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
Sec.  241.3(b)(4), you must keep records as to how the operations that 
produced the fuel satisfies the definition of processing in Sec.  241.2 
and each of the legitimacy criteria in Sec.  241.3(d)(1) of this 
chapter. If the fuel received a non-waste determination pursuant to the 
petition process submitted under Sec.  241.3(c), you must keep a record 
that documents how the fuel satisfies the requirements of the petition 
process. For operating units that combust non-hazardous secondary 
materials as fuel per Sec.  241.4, you must keep records documenting 
that the material is a listed non-waste under Sec.  241.4(a).
    (v) Records of the criteria used to establish that 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)) and that the waste 
material the unit is proposed to burn is homogeneous.
    (w) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material 
the unit is proposed to burn is homogeneous.


Sec.  60.2745  Where and in what format must I keep my records?

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


Sec.  60.2750  What reports must I submit?

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


Sec.  60.2755  When must I submit my waste management plan?

    You must submit the waste management plan no later than the date 
specified in table 1 of this subpart for submittal of the final control 
plan.


Sec.  60.2760  What information must I submit following my initial 
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager:
    (a) The complete test report for the initial performance test 
results obtained under Sec.  60.2700, as applicable;
    (b) The values for the site-specific operating limits established 
in Sec.  60.2675 or Sec.  60.2680; and
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  60.2730(b).


Sec.  60.2765  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.2760. You must submit 
subsequent reports no more than 12 months following the previous 
report. (If the unit is subject to permitting requirements under title 
V of the Clean Air Act, you may be required by the permit to submit 
these reports more frequently.)


Sec.  60.2770  What information must I include in my annual report?

    The annual report required under Sec.  60.2765 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec.  60.2775, 
60.2780, and 60.2785:
    (a) Company name and address;
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report;
    (c) Date of report and beginning and ending dates of the reporting 
period;
    (d) The values for the operating limits established pursuant to 
Sec.  60.2675 or Sec.  60.2680;
    (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;
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported;
    (g) Information recorded under Sec.  60.2740(b)(6) and (c) through 
(e) for the calendar year being reported;

[[Page 41022]]

    (h) For each performance test conducted during the reporting 
period, if any performance test is conducted, the process unit(s) 
tested, the pollutant(s) tested and the date that such performance test 
was conducted. Submit, following the procedure specified in Sec.  
60.2795(b)(1), the performance test report no later than the date that 
you submit the annual report;
    (i) If you met the requirements of Sec.  60.2720(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.2720(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period;
    (j) Documentation of periods when all qualified CISWI unit 
operators were unavailable for more than 8 hours, but less than 2 
weeks;
    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction;
    (l) For each deviation from an emission or operating limitation 
that occurs for a CISWI unit for which you are not using a CMS to 
comply with the emission or operating limitations in this subpart, the 
annual report must contain the following information:
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period; and
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in 
paragraph (o) of this section, the annual report must contain the 
following information for each deviation from an emission or operating 
limitation occurring for a CISWI unit for which you are using a 
continuous monitoring system to comply with the emission and operating 
limitations in this subpart:
    (1) The date and time that each malfunction started and stopped;
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks;
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken;
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or 
during another period;
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period;
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes;
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period;
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit;
    (9) A brief description of the CISWI unit;
    (10) A brief description of the continuous monitoring system;
    (11) The date of the latest continuous monitoring system 
certification or audit; and
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control if any of the 
following occur:
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard;
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit; and
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.
    (p) For energy recovery units, include the annual heat input and 
average annual heat input rate of all fuels being burned in the unit to 
verify which subcategory of energy recovery unit applies.


Sec.  60.2775  What else must I report if I have a deviation from the 
operating limits or the emission limitations?

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


Sec.  60.2780  What must I include in the deviation report?

    In each report required under Sec.  60.2775, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the four items described in 
paragraphs (a) through (d) 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 the following:
    (1) Each deviation from emission limitations or operating limits 
and your corrective actions; and
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and for any test report that documents the emission levels 
the process unit(s) tested, the pollutant(s) tested and the date that 
the performance test was conducted. Submit, following the procedure 
specified in Sec.  60.2795(b)(1), the performance test report no later 
than the date that you submit the deviation report.

[[Page 41023]]

Sec.  60.2785  What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section:
    (1) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (a)(1)(i) through (iii) of this 
section:
    (i) A statement of what caused the deviation;
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible; and
    (iii) The date when you anticipate that a qualified operator will 
be available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section:
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible;
    (ii) The date when you anticipate that a qualified operator will be 
accessible; and
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec.  60.2665(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.


Sec.  60.2790  Are there any other notifications or reports that I must 
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate, 
you must provide 30 days prior notice of the effective date of the 
waste-to-fuel switch, consistent with Sec.  60.2710(a). The 
notification must identify:
    (1) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI 
unit is currently combusting and has combusted over the past 6 months, 
and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (4) The date on which you became subject to the currently 
applicable emission limits; and
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  60.2795  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically on 
or before the submittal due dates. Submit the reports to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI 
can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the 
extensible markup language (XML) schema listed on the CEDRI Web site 
(https://www3.epa.gov/ttn/chief/cedri/index.html), once the XML schema 
is available. If the reporting form specific to this subpart is not 
available in CEDRI at the time that the report is due, submit the 
report to the Administrator at the appropriate address listed in Sec.  
60.4. Once the form has been available in CEDRI for 90 calendar days, 
you must begin submitting all subsequent reports via CEDRI. The reports 
must be submitted by the deadlines specified in this subpart, 
regardless of the method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows:
    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, you must submit the 
results of the performance test following the procedure specified in 
either paragraph (b)(1)(i) or (b)(1)(ii) of this section:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the 
test, you must submit the results of the performance test to the EPA 
via the CEDRI. (CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/).) Performance test data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate 
electronic file format consistent with the XML schema listed on the 
EPA's ERT Web site. If you claim that some of the performance test 
information being submitted is confidential business information (CBI), 
you must submit a complete file generated through the use of the EPA's 
ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT Web site, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph; and
    (ii) For data collected using test methods that are not supported 
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each continuous 
emissions monitoring system performance evaluation you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (b)(1) or (b)(2) of this section:
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the evaluation, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the 
EPA's CDX.) Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate file 
format consistent with the XML schema listed on the EPA's ERT Web site. 
If you claim that some of the performance evaluation information being 
submitted is CBI, you must submit a complete file generated through the 
use of the EPA's ERT or an alternate electronic file consistent with 
the XML schema listed on the EPA's ERT Web site, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic storage media 
must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph; and
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT Web site at the time of

[[Page 41024]]

the evaluation, you must submit the results of the performance 
evaluation to the Administrator at the appropriate address listed in 
Sec.  60.4.


Sec.  60.2800  Can reporting dates be changed?

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

Model Rule--Title V Operating Permits


Sec.  60.2805  Am I required to apply for and obtain a Title V 
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator subject to 
standards under this subpart must operate pursuant to a permit issued 
under Clean Air Act sections 129(e) and Title V.

Model Rule--Air Curtain Incinerators


Sec.  60.2810  What is an air curtain incinerator?

    (a) An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under Sec.  60.2805 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  60.2810 through 60.2870):
    (1) 100 percent wood waste;
    (2) 100 percent clean lumber; and
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.2815  What are my requirements for meeting increments of 
progress and achieving final compliance?

    If you plan to achieve compliance more than 1 year following the 
effective date of state plan approval, you must meet the two increments 
of progress specified in paragraphs (a) and (b) of this section:
    (a) Submit a final control plan; and
    (b) Achieve final compliance.


Sec.  60.2820  When must I complete each increment of progress?

    Table 1 of this subpart specifies compliance dates for each of the 
increments of progress.


Sec.  60.2825  What must I include in the notifications of achievement 
of increments of progress?

    Your notification of achievement of increments of progress must 
include the three items described in paragraphs (a) through (c) of this 
section:
    (a) Notification that the increment of progress has been achieved;
    (b) Any items required to be submitted with each increment of 
progress (see Sec.  60.2840); and
    (c) Signature of the owner or operator of the incinerator.


Sec.  60.2830  When must I submit the notifications of achievement of 
increments of progress?

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


Sec.  60.2835  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date for that increment of progress in table 1 of this 
subpart. You must inform the Administrator that you did not meet the 
increment, and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.


Sec.  60.2840  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section:
    (a) Submit the final control plan, including a description of any 
devices for air pollution control and any process changes that you will 
use to comply with the emission limitations and other requirements of 
this subpart; and
    (b) Maintain an onsite copy of the final control plan.


Sec.  60.2845  How do I comply with the increment of progress for 
achieving final compliance?

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


Sec.  60.2850  What must I do if I close my air curtain incinerator and 
then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in your state plan, you must meet the increments 
of progress specified in Sec.  60.2815.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limitations on the date your incinerator restarts 
operation.


Sec.  60.2855  What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?

    If you plan to close your incinerator rather than comply with the 
state plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.


Sec.  60.2860  What are the emission limitations for air curtain 
incinerators?

    After the date the initial stack test is required or completed 
(whichever is earlier), you must meet the limitations in paragraphs (a) 
and (b) of this section:
    (a) Maintain opacity to less than or equal to 10 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values), except as described in paragraph (b) 
of this section; and
    (b) Maintain opacity to less than or equal to 35 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values) during the startup period that is 
within the first 30 minutes of operation.


Sec.  60.2865  How must I monitor opacity for air curtain incinerators?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
no later than 180 days after your final compliance date.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


Sec.  60.2870  What are the recordkeeping and reporting requirements 
for air curtain incinerators?

    (a) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (b) Make all records available for submittal to the Administrator 
or for an inspector's onsite review.
    (c) Submit an initial report no later than 60 days following the 
initial opacity test that includes the information specified in 
paragraphs (c)(1) and (2) of this section:

[[Page 41025]]

    (1) The types of materials you plan to combust in your air curtain 
incinerator; and
    (2) The results (as determined by the average of three 1-hour 
blocks consisting of ten 6-minute average opacity values) of the 
initial opacity tests.
    (d) Submit annual opacity test results within 12 months following 
the previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date and keep a copy 
onsite for a period of 5 years.

Model Rule--Definitions


Sec.  60.2875  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subparts A and B of this part.
    30-day rolling average means the arithmetic mean of the previous 
720 hours of valid operating data. Valid data excludes periods when 
this unit is not operating. The 720 hours should be consecutive, but 
not necessarily continuous if operations are intermittent.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and 
grounds, and other vegetative waste materials generated as a result of 
agricultural operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter (i.e., baghouse) in order to detect bag failures. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    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.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators and small remote incinerators: CEMS data 
collected during the first hours of operation of a CISWI unit startup 
from a cold start until waste is fed into the unit and the hours of 
operation following the cessation of waste material being fed to the 
CISWI unit during a unit shutdown. For each startup event, the length 
of time that CEMS data may be claimed as being CEMS data during startup 
must be 48 operating hours or less. For each shutdown event, the length 
of time that CEMS data may be claimed as being CEMS data during 
shutdown must be 24 operating hours or less;
    (2) For energy recovery units: CEMS data collected during the 
startup or shutdown periods of operation. Startup begins with either 
the first-ever firing of fuel in a boiler or process heater for the 
purpose of supplying useful thermal energy (such as steam or heat) for 
heating, cooling or process purposes, or producing electricity, or the 
firing of fuel in a boiler or process heater for any purpose after a 
shutdown event. Startup ends four hours after when the boiler or 
process heater makes useful thermal energy (such as heat or steam) for 
heating, cooling, or process purposes, or generates electricity, 
whichever is earlier. Shutdown begins when the boiler or process heater 
no longer makes useful thermal energy (such as heat or steam) for 
heating, cooling, or process purposes and/or generates electricity or 
when no fuel is being fed to the boiler or process heater, whichever is 
earlier. Shutdown ends when the boiler or process heater no longer 
makes useful thermal energy (such as steam or heat) for heating, 
cooling, or process purposes and/or generates electricity, and no fuel 
is being combusted in the boiler or process heater; and
    (3) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup means 
the time from when a shutdown kiln first begins firing fuel until it 
begins producing clinker. Startup begins when a shutdown kiln turns on 
the induced draft fan and begins firing fuel in the main burner. 
Startup ends when feed is being continuously introduced into the kiln 
for at least 120 minutes or when the feed rate exceeds 60 percent of 
the kiln design limitation rate, whichever occurs first. Shutdown means 
the cessation of kiln operation. Shutdown begins when feed to the kiln 
is halted and ends when continuous kiln rotation ceases.
    Chemical recovery unit means combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. A chemical recovery unit is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart. The following seven types of 
units are considered chemical recovery units:
    (1) Units burning only pulping liquors (i.e., black liquor) that 
are reclaimed in a pulping liquor recovery process and reused in the 
pulping process;
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid;
    (3) Units burning only wood or coal feedstock for the production of 
charcoal;
    (4) Units burning only manufacturing byproduct streams/residue 
containing catalyst metals that are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts;
    (5) Units burning only coke to produce purified carbon monoxide 
that is used as an intermediate in the production of other chemical 
compounds;
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes; and
    (7) Units burning only photographic film to recover silver.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for

[[Page 41026]]

the purpose of stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the 
operating unit burns materials other than traditional fuels as defined 
in Sec.  241.2 that have been discarded, and you do not keep and 
produce records as required by Sec.  60.2740(u), the operating unit is 
a CISWI unit. While not all CISWI units will include all of the 
following components, a CISWI unit includes, but is not limited to, the 
solid waste feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and bottom ash system. The CISWI unit does 
not include air pollution control equipment or the stack. The CISWI 
unit boundary starts at the solid waste hopper (if applicable) and 
extends through two areas: The combustion unit flue gas system, which 
ends immediately after the last combustion chamber or after the waste 
heat recovery equipment, if any; and the combustion unit bottom ash 
system, which ends at the truck loading station or similar equipment 
that transfers the ash to final disposal. The CISWI unit includes all 
ash handling systems connected to the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to 
provide a permanent record of emissions or process parameters. A 
particulate matter continuous parameter monitoring system (PM CPMS) is 
a type of CMS.
    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. A cyclonic burn barrel is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements; and
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal 
solid materials but less than 10 percent coal, on a heat input basis on 
an annual average, either alone or in combination with liquid waste, 
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and 
gas (Liquid/gas) means an energy recovery unit that burns a liquid 
waste with liquid or gaseous fuels not combined with any solid fuel or 
waste materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy 
recovery units designed to burn biomass
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR 
part 241) for the purpose of reducing the volume of the waste by 
removing combustible matter. Incinerator designs include single chamber 
and two-chamber.
    In-line coal mill means those coal mills using kiln exhaust gases 
in their process. Coal mills with a heat source other than the kiln or 
coal mills using exhaust gases from the clinker cooler alone are not an 
in-line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement 
production process where a dry kiln system is integrated with the raw 
mill so that all or a portion of the kiln exhaust gases are used to 
perform the drying operation of the raw mill, with no auxiliary heat 
source used. In this system the kiln is capable of operating without 
the raw mill operating, but the raw mill cannot operate without the 
kiln gases, and consequently, the raw mill does not generate a separate 
exhaust gas stream.
    Kiln means an oven or furnace, including any associated preheater 
or precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses used for processing a substance by burning, firing or drying. 
Kilns include cement kilns that produce clinker by heating limestone 
and other materials for subsequent production of Portland Cement. 
Because the alkali bypass, in-line raw mill and in-line coal mill are 
considered an integral part of the kiln, the kiln emissions limits also 
apply to

[[Page 41027]]

the exhaust of the alkali bypass, in-line raw mill and in-line coal 
mill.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Load fraction means the actual heat input of an energy recovery 
unit divided by heat input during the performance test that established 
the minimum sorbent injection rate or minimum activated carbon 
injection rate, expressed as a fraction (e.g., for 50 percent load the 
load fraction is 0.5).
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
state standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has 
been changed later than August 7, 2013, and that meets one of two 
criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit; and
    (2) Any physical change in the CISWI unit or change in the method 
of operating it that increases the amount of any air pollutant emitted 
for which section 129 or section 111 of the Clean Air Act has 
established standards.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine 
the oxygen content of a gas stream and used to monitor oxygen in the 
boiler or process heater flue gas, boiler/process heater, firebox, or 
other appropriate location. This definition includes oxygen trim 
systems and certified oxygen CEMS. The source owner or operator is 
responsible to install, calibrate, maintain, and operate the oxygen 
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over 
its operating range. A typical system consists of a flue gas oxygen 
and/or carbon monoxide monitor that automatically provides a feedback 
signal to the combustion air controller or draft controller.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of appendix A of this 
part.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified 
in the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the 
CISWI unit which may increase the emission rate of any air pollutant to 
which a standard applies;
    (2) An operational change to the CISWI unit where a new type of 
non-hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter); and
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    Rack reclamation unit means a unit that burns the coatings off 
racks used to hold small items for application of a coating. The unit 
burns the coating overspray off the rack so the rack can be reused.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after August 7, 2013; and
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current

[[Page 41028]]

dollars). To determine what systems are within the boundary of the 
CISWI unit used to calculate these costs, see the definition of CISWI 
unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel; and
    (2) Pelletized refuse-derived fuel.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business 
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized 
representative of such person if the representative is responsible for 
the overall operation of one or more manufacturing, production, or 
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross 
annual sales or expenditures exceeding $25 million (in second quarter 
1980 dollars); or
    (ii) The delegation of authority to such representatives is 
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, state, federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or 
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under 
part 60.
    Shutdown means, for incinerators and small, remote incinerators, 
the period of time after all waste has been combusted in the primary 
chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, a waste-burning kiln, an energy recovery 
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of 
any facility which combusts any solid waste (as that term is defined by 
the Administrator in 40 CFR part 241) material from commercial or 
industrial establishments or the general public (including single and 
multiple residences, hotels and motels). Such term does not include 
incinerators or other units required to have a permit under section 
3005 of the Solid Waste Disposal Act. The term ``solid waste 
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, 
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes and clean lumber and that such air 
curtain incinerators comply with opacity limitations to be established 
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68[emsp14][deg]F (20 [deg]C) and a pressure of 1 
atmosphere (101.3 kilopascals).
    Startup period means, for incinerators and small, remote 
incinerators, the period of time between the activation of the system 
and the first charge to the unit.
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected energy recovery unit.
    Waste-burning kiln means a kiln that is heated, in whole or in 
part, by combusting solid waste (as the term is defined by the 
Administrator in 40 CFR part 241). Secondary materials used in Portland 
cement kilns shall not be deemed to be combusted unless they are 
introduced into the flame zone in the hot end of the kiln or mixed with 
the precalciner fuel.
    Wet scrubber means an add-on air pollution control device that uses 
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; or
    (3) Clean lumber.

[[Page 41029]]



 Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
                        and Compliance Schedules
------------------------------------------------------------------------
 Comply with these increments of progress        By these dates \1\
------------------------------------------------------------------------
Increment 1--Submit final control plan....  (Dates to be specified in
                                             state plan).
Increment 2--Final compliance.............  (Dates to be specified in
                                             state plan).\2\
------------------------------------------------------------------------
\1\ Site-specific schedules can be used at the discretion of the state.
\2\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWI units that commenced
  construction on or before November 30, 1999. The date can be no later
  than 3 years after the effective date of approval of a revised state
  plan or February 7, 2018, for CISWI units that commenced construction
  on or before June 4, 2010.


     Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators Before
                                    [Date to be specified in state plan] \2\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using  this
                                       emission limitation \1\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B, of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of this part).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part)
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                          appendix A-8) or ASTM
                                                                                          D6784-02 (Reapproved
                                                                                          2008).\3\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of this
                                                                                          part).
----------------------------------------------------------------------------------------------------------------
\1\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\2\ Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior
  to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of
  approval of a revised state plan or February 7, 2018.
\3\ Incorporated by reference, see Sec.   60.17.


                                   Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for Wet Scrubbers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     And monitor using these minimum frequencies
   For these operating parameters      You must establish   --------------------------------------------------------------------------------------------
                                     these operating limits           Data measurement                    Data recording               Averaging time
--------------------------------------------------------------------------------------------------------------------------------------------------------
Charge rate........................  Maximum charge rate...  Continuous.......................  Every hour.......................  Daily (batch units).
                                                                                                                                    3-hour rolling
                                                                                                                                    (continuous and
                                                                                                                                    intermittent
                                                                                                                                    units).\1\
Pressure drop across the wet         Minimum pressure drop   Continuous.......................  Every 15 minutes.................  3-hour rolling.\1\
 scrubber or amperage to wet          or amperage.
 scrubber.
Scrubber liquor flow rate..........  Minimum flow rate.....  Continuous.......................  Every 15 minutes.................  3-hour rolling.\1\
Scrubber liquor pH.................  Minimum pH............  Continuous.......................  Every 15 minutes.................  3-hour rolling.\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Calculated each hour as the average of the previous 3 operating hours.


[[Page 41030]]


    Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency
                                 Factors
------------------------------------------------------------------------
                                                       Toxic equivalency
                 Dioxin/furan isomer                        factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...........                   1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.........                 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin........                 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin........                 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin........                 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.....                0.01
octachlorinated dibenzo-p-dioxin....................               0.001
2,3,7,8-tetrachlorinated dibenzofuran...............                 0.1
2,3,4,7,8-pentachlorinated dibenzofuran.............                 0.5
1,2,3,7,8-pentachlorinated dibenzofuran.............                0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran............                 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran............                 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran............                 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran............                 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.........                0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.........                0.01
octachlorinated dibenzofuran........................               0.001
------------------------------------------------------------------------


              Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of Reporting Requirements \1\
----------------------------------------------------------------------------------------------------------------
              Report                     Due date              Contents                    Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan............  No later than the      Waste       Sec.   60.2755.
                                    date specified in     management plan.
                                    table 1 for
                                    submittal of the
                                    final control plan.
Initial Test Report..............  No later than 60       Complete    Sec.   60.2760.
                                    days following the    test report for
                                    initial performance   the initial
                                    test.                 performance test.
                                                          The values
                                                          for the site-
                                                          specific operating
                                                          limits.
                                                         
                                                          Installation of
                                                          bag leak detection
                                                          systems for fabric
                                                          filters.
Annual report....................  No later than 12       Name and    Sec.  Sec.   60.2765 and 60.2770.
                                    months following      address.
                                    the submission of
                                    the initial test
                                    report. Subsequent
                                    reports are to be
                                    submitted no more
                                    than 12 months
                                    following the
                                    previous report.
                                    Statement
                                    and signature by
                                    responsible
                                    official
                                    Date of
                                    report.
                                    Values for
                                    the operating
                                    limits.
                                    Highest
                                    recorded 3-hour
                                    average and the
                                    lowest 3-hour
                                    average, as
                                    applicable, for
                                    each operating
                                    parameter recorded
                                    for the calendar
                                    year being reported.
                                    If a
                                    performance test
                                    was conducted
                                    during the
                                    reporting period,
                                    the results of the
                                    test.
                                    If a
                                    performance test
                                    was not conducted
                                    during the
                                    reporting period, a
                                    statement that the
                                    requirements of
                                    Sec.   60.2720(a)
                                    were met.
                                   
                                    Documentation of
                                    periods when all
                                    qualified CISWI
                                    unit operators were
                                    unavailable for
                                    more than 8 hours
                                    but less than 2
                                    weeks.
                                    If you are
                                    conducting
                                    performance tests
                                    once every 3 years
                                    consistent with
                                    Sec.   60.2720(a),
                                    the date of the
                                    last 2 performance
                                    tests, a comparison
                                    of the emission
                                    level you achieved
                                    in the last 2
                                    performance tests
                                    to the 75 percent
                                    emission limit
                                    threshold required
                                    in Sec.
                                    60.2720(a) and a
                                    statement as to
                                    whether there have
                                    been any
                                    operational changes
                                    since the last
                                    performance test
                                    that could increase
                                    emissions.

[[Page 41031]]

 
Emission limitation or operating   By August 1 of that    Dates and   Sec.   60.2775 and 60.2780.
 limit deviation report.            year for data         times of deviation.
                                    collected during      Averaged
                                    the first half of     and recorded data
                                    the calendar year.    for those dates.
                                    By February 1 of      Duration
                                    the following year    and causes of each
                                    for data collected    deviation and the
                                    during the second     corrective actions
                                    half of the           taken.
                                    calendar year.        Copy of
                                                          operating limit
                                                          monitoring data
                                                          and any test
                                                          reports.
                                                          Dates,
                                                          times and causes
                                                          for monitor
                                                          downtime incidents.
Qualified Operator Deviation       Within 10 days of      Statement   Sec.   60.2785(a)(1).
 Notification.                      deviation.            of cause of
                                                          deviation.
                                                         
                                                          Description of
                                                          efforts to have an
                                                          accessible
                                                          qualified operator.
                                                          The date a
                                                          qualified operator
                                                          will be accessible.
Qualified Operator Deviation       Every 4 weeks                      Sec.   60.2785(a)(2).
 Status Report.                     following deviation.  Description of
                                                          efforts to have an
                                                          accessible
                                                          qualified operator.
                                                          The date a
                                                          qualified operator
                                                          will be accessible.
                                                          Request
                                                          for approval to
                                                          continue operation.
Qualified Operator Deviation       Prior to resuming                  Sec.   60.2785(b)
 Notification of Resumed            operation.            Notification that
 Operation.                                               you are resuming
                                                          operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


  Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators on and After
                                    [Date to be specified in state plan] \1\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using  this
                                       emission limitation \2\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter \3\.               dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0048 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \4\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \4\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  53 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).

[[Page 41032]]

 
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\2\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provisions of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\4\ Incorporated by reference, see Sec.   60.17.


               Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After May 20, 2011
                                                        [Date to be specified in state plan] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             You must meet this emission limitation \2\                                       And determining compliance
      For the air pollutant       ---------------------------------------------------------------  Using this averaging time       using this method
                                               Liquid/Gas                       Solids
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cadmium..........................  0.023 milligrams per dry standard  Biomass--0.0014 milligrams  3-run average (collect a    Performance test (Method
                                    cubic meter.                       per dry standard cubic      minimum volume of 2 dry     29 at 40 CFR part 60,
                                                                       meter.                      standard cubic meters).     appendix A-8). Use ICPMS
                                                                      Coal--0.0017 milligrams                                  for the analytical
                                                                       per dry standard cubic                                  finish.
                                                                       meter.
Carbon monoxide..................  35 parts per million dry volume..  Biomass--260 parts per      3-run average (1 hour       Performance test (Method
                                                                       million dry volume. Coal--  minimum sample time per     10 at 40 CFR part 60,
                                                                       95 parts per million dry    run).                       appendix A-4).
                                                                       volume.
Dioxins/furans (total mass basis)  2.9 nanograms per dry standard     Biomass--0.52 nanograms     3-run average (collect a    Performance test (Method
                                    cubic meter.                       per dry standard cubic      minimum volume of 4 dry     23 at 40 CFR part 60,
                                                                       meter.\3\ Coal--5.1         standard cubic meter).      appendix A-7).
                                                                       nanograms per dry
                                                                       standard cubic meter.
Dioxins/furans (toxic equivalency  0.32 nanograms per dry standard    Biomass--0.12 nanograms     3-run average (collect a    Performance test (Method
 basis).                            cubic meter.                       per dry standard cubic      minimum volume of 4 dry     23 at 40 CFR part 60,
                                                                       meter. Coal--0.075          standard cubic meters).     appendix A-7).
                                                                       nanograms per dry
                                                                       standard cubic meter\3\.
Hydrogen chloride................  14 parts per million dry volume..  Biomass--0.20 parts per     3-run average (for Method   Performance test (Method
                                                                       million dry volume. Coal--  26, collect a minimum of    26 or 26A at 40 CFR part
                                                                       58 parts per million dry    120 liters; for Method      60, appendix A-8).
                                                                       volume.                     26A, collect a minimum
                                                                                                   volume of 1 dry standard
                                                                                                   cubic meter).
Lead.............................  0.096 milligrams per dry standard  Biomass--0.014 milligrams   3-run average (collect a    Performance test (Method
                                    cubic meter.                       per dry standard cubic      minimum volume of 2 dry     29 at 40 CFR part 60,
                                                                       meter.\3\ Coal--0.057       standard cubic meters).     appendix A-8). Use ICPMS
                                                                       milligrams per dry                                      for the analytical
                                                                       standard cubic meter.                                   finish.
Mercury..........................  0.0024 milligrams per dry          Biomass--0.0022 milligrams  3-run average (For Method   Performance test (Method
                                    standard cubic meter.              per dry standard cubic      29 and ASTM D6784-02        29 or 30B at 40 CFR part
                                                                       meter. Coal--0.013          (Reapproved 2008),\4\       60, appendix A-8) or ASTM
                                                                       milligrams per dry          collect a minimum volume    D6784-02 (Reapproved
                                                                       standard cubic meter.       of 2 dry standard cubic     2008).\4\
                                                                                                   meters per run. For
                                                                                                   Method 30B, collect a
                                                                                                   minimum sample as
                                                                                                   specified in Method 30B
                                                                                                   at 40 CFR part 60,
                                                                                                   appendix A).
Oxides of nitrogen...............  76 parts per million dry volume..  Biomass--290 parts per      3-run average (for Method   Performance test (Method 7
                                                                       million dry volume. Coal--  7E, 1 hour minimum sample   or 7E at 40 CFR part 60,
                                                                       460 parts per million dry   time per run).              appendix A-4).
                                                                       volume.

[[Page 41033]]

 
Particulate matter filterable....  110 milligrams per dry standard    Biomass--11 milligrams per  3-run average (collect a    Performance test (Method 5
                                    cubic meter.                       dry standard cubic meter.   minimum volume of 1 dry     or 29 at 40 CFR part 60,
                                                                       Coal--130 milligrams per    standard cubic meter).      appendix A-3 or appendix
                                                                       dry standard cubic meter.                               A-8) if the unit has an
                                                                                                                               annual average heat input
                                                                                                                               rate less than or equal
                                                                                                                               to 250 MMBtu/hr; or PM
                                                                                                                               CPMS (as specified in
                                                                                                                               Sec.   60.2710(x)) if the
                                                                                                                               unit has an annual
                                                                                                                               average heat input rate
                                                                                                                               greater than 250 MMBtu/
                                                                                                                               hr.
Sulfur dioxide...................  720 parts per million dry volume.  Biomass--7.3 parts per      3-run average (1 hour       Performance test (Method 6
                                                                       million dry volume. Coal--  minimum sample time per     or 6c at 40 CFR part 60,
                                                                       850 parts per million dry   run).                       appendix A-4).
                                                                       volume.
Fugitive ash.....................  Visible emissions for no more      Visible emissions for no    Three 1-hour observation    Visible emission test
                                    than 5 percent of the hourly       more than 5 percent of      periods.                    (Method 22 at 40 CFR part
                                    observation period.                the hourly observation                                  60, appendix A-7).
                                                                       period.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018.
\2\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet
  either the total mass basis limit or the toxic equivalency basis limit.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that
  your emissions are at or below this limit, you can skip testing according to Sec.   60.2720 if all of the other provisions of Sec.   60.2720 are met.
  For all other pollutants that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive years must show
  that your emissions are at or below 75 percent of this limit in order to qualify for skip testing, with the exception of annual performance tests to
  certify a CEMS or PM CPMS.
\4\ Incorporated by reference, see Sec.   60.17.


Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After May
                                                    20, 2011
                                    [Date to be specified in state plan.] \1\
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using  this
                                             \2\                                               method \4\
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.0014 milligrams per  3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 at 40 CFR part 60,
                                     meter \3\.             standard cubic meters).     appendix A-8).
Carbon monoxide...................  110 (long kilns)/790   3-run average (1 hour       Performance test (Method
                                     (preheater/            minimum sample time per     10 at 40 CFR part 60,
                                     precalciner) parts     run).                       appendix A-4).
                                     per million dry
                                     volume.
Dioxins/furans (total mass basis).  1.3 nanograms per dry  3-run average (collect a    Performance test (Method
                                     standard cubic meter.  minimum volume of 4 dry     23 at 40 CFR part 60,
                                                            standard cubic meters).     appendix A-7).
Dioxins/furans (toxic equivalency   0.075 nanograms per    3-run average (collect a    Performance test (Method
 basis).                             dry standard cubic     minimum volume of 4 dry     23 at 40 CFR part 60,
                                     meter \3\.             standard cubic meters).     appendix A-7).
Hydrogen chloride.................  3.0 parts per million  3-run average (collect a    Performance test (Method
                                     dry volume \3\.        minimum volume of 1 dry     321 at 40 CFR part 63,
                                                            standard cubic meter) or    appendix A of this part)
                                                            30-day rolling average if   or HCl CEMS if a wet
                                                            HCl CEMS is being used.     scrubber or dry scrubber
                                                                                        is not used, as
                                                                                        specified in Sec.
                                                                                        60.2710(j).
Lead..............................  0.014 milligrams per   3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 2 dry     29 at 40 CFR part 60,
                                     meter \3\.             standard cubic meters).     appendix A-8).
Mercury...........................  0.011 milligrams per   30-day rolling average....  Mercury CEMS or sorbent
                                     dry standard cubic                                 trap monitoring system
                                     meter.                                             (performance
                                                                                        specification 12A or
                                                                                        12B, respectively, of
                                                                                        appendix B of this
                                                                                        part), as specified in
                                                                                        Sec.   60.2710(j).
Oxides of nitrogen................  630 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).
Particulate matter filterable.....  13.5 milligrams per    30-day rolling average....  PM CPMS (as specified in
                                     dry standard cubic                                 Sec.   60.2710(x)).
                                     meter.

[[Page 41034]]

 
Sulfur dioxide....................  600 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            6, collect a minimum of     6 or 6c at 40 CFR part
                                                            20 liters; for Method 6C,   60, appendix A-4).
                                                            1 hour minimum sample
                                                            time per run).
----------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\2\ All emission limitations are measured at 7 percent oxygen (except for CEMS data during startup and
  shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis
  limit or the toxic equivalency basis limit.
\3\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provisions of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``3'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\4\ Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in
  60.2710(y)(3). They are not be subject to the CEMS, sorbent trap or CPMS requirements that otherwise may apply
  to the main kiln exhaust.


  Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                                               After May 20, 2011
                                    [Date to be specified in state plan] \1\
----------------------------------------------------------------------------------------------------------------
                                      You must meet this                                    And determining
       For the air pollutant         emission limitation    Using this averaging time    compliance using  this
                                             \2\                                                 method
----------------------------------------------------------------------------------------------------------------
Cadmium...........................  0.95 milligrams per    3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     29 at 40 CFR part 60,
                                     meter.                 standard cubic meters per   appendix A-8).
                                                            run).
Carbon monoxide...................  64 parts per million   3-run average (1 hour       Performance test (Method
                                     dry volume.            minimum sample time per     10 at 40 CFR part 60,
                                                            run).                       appendix A-4).
Dioxins/furans (total mass basis).  4,400 nanograms per    3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     23 at 40 CFR part 60,
                                     meter.                 standard cubic meters per   appendix A-7).
                                                            run).
Dioxins/furans (toxic equivalency   180 nanograms per dry  3-run average (collect a    Performance test (Method
 basis).                             standard cubic meter.  minimum volume of 1 dry     23 at 40 CFR part 60,
                                                            standard cubic meters).     appendix A-7).
Fugitive ash......................  Visible emissions for  Three 1-hour observation    Visible emissions test
                                     no more than 5         periods.                    (Method 22 at 40 CFR
                                     percent of the                                     part 60, appendix A-7).
                                     hourly observation
                                     period.
Hydrogen chloride.................  300 parts per million  3-run average (For Method   Performance test (Method
                                     dry volume.            26, collect a minimum       26 or 26A at 40 CFR part
                                                            volume of 120 liters per    60, appendix A-8).
                                                            run. For Method 26A,
                                                            collect a minimum volume
                                                            of 1 dry standard cubic
                                                            meter per run).
Lead..............................  2.1 milligrams per     3-run average (collect a    Performance test (Method
                                     dry standard cubic     minimum volume of 1 dry     29 at 40 CFR part 60,
                                     meter.                 standard cubic meters).     appendix A-8). Use ICPMS
                                                                                        for the analytical
                                                                                        finish.
Mercury...........................  0.0053 milligrams per  3-run average (For Method   Performance test (Method
                                     dry standard cubic     29 and ASTM D6784-02        29 or 30B at 40 CFR part
                                     meter.                 (Reapproved 2008),\3\       60, appendix A-8) or
                                                            collect a minimum volume    ASTM D6784-02
                                                            of 2 dry standard cubic     (Reapproved 2008).\3\
                                                            meters per run. For
                                                            Method 30B, collect a
                                                            minimum sample as
                                                            specified in Method 30B
                                                            at 40 CFR part 60,
                                                            appendix A).
Oxides of nitrogen................  190 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            7E, 1 hour minimum sample   7 or 7E at 40 CFR part
                                                            time per run).              60, appendix A-4).
Particulate matter................  270 milligrams per     3-run average (collect a    Performance test (Method
(filterable)......................   dry standard cubic     minimum volume of 1 dry     5 or 29 at 40 CFR part
                                     meter.                 standard cubic meters).     60, appendix A-3 or
                                                                                        appendix A-8).
Sulfur dioxide....................  150 parts per million  3-run average (for Method   Performance test (Method
                                     dry volume.            6, collect a minimum of     6 or 6c at 40 CFR part
                                                            20 liters per run; for      60, appendix A-4).
                                                            Method 6C, 1 hour minimum
                                                            sample time per run).
----------------------------------------------------------------------------------------------------------------
\1\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\2\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\3\ Incorporated by reference, see Sec.   60.17.


[FR Doc. 2016-13687 Filed 6-22-16; 8:45 am]
 BILLING CODE 6560-50-P