[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Rules and Regulations]
[Pages 15846-15918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05529]
[[Page 15845]]
Vol. 84
Tuesday,
No. 73
April 16, 2019
Part III
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; Technical Amendments; Final Rule
Federal Register / Vol. 84 , No. 73 / Tuesday, April 16, 2019 / Rules
and Regulations
[[Page 15846]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0119; FRL-9991-32-OAR]
RIN 2060-AT84
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units; Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Following requests for clarification of its June 2016 final
action, the Environmental Protection Agency (EPA) published proposed
amendments to several provisions of the 2016 New Source Performance
Standards (NSPS) and Emission Guidelines (EG) for Commercial and
Industrial Solid Waste Incineration (CISWI). This action finalizes the
proposed amendments, which provide clarity and address implementation
issues in the final CISWI NSPS and EG, as well as correcting
inconsistencies and errors in these provisions.
DATES: This final rule is effective on April 16, 2019. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of February 7,
2013.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2003-0119. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed,
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, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available electronically
through https://www.regulations.gov, or in hard copy at the EPA Docket
Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room hours of operation are 8:30
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday.
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: 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) 541-0516;
email address: [email protected].
SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. A number of
acronyms and abbreviations are used in this preamble. While this may
not be an exhaustive list, to ease the reading of this preamble and for
reference purposes, the following terms and acronyms are defined:
ACI air curtain incinerator
CAA Clean Air Act
CEDRI Compliance and Emissions Data Reporting Interface
CEMS Continuous Emissions Monitoring System
CFR Code of Federal Regulations
CISWI Commercial and Industrial Solid Waste Incineration
CO carbon monoxide
COMS Continuous Opacity Monitoring System
CPMS Continuous Parameter Monitoring System
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
ESP electrostatic precipitator
HCl hydrogen chloride
Hg mercury
mg/dscm milligrams per dry standard cubic meter
NAICS North American Industry Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
NHSM Non-Hazardous Secondary Material(s)
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
PC Portland Cement
ppmv parts per million by volume
ppmvd parts per million by dry volume
RIN Regulatory Information Number
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
Organization of this Document. The following outline is provided to
aid in locating information in this preamble.
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review
II. Background
A. What is the statutory authority for taking this action?
B. Background Information
III. Summary of Final Action
A. EG 30-Day Rolling Average Provisions
B. Clarification of Operating Parameter Monitoring for a
Pollutant's Control When CEMS Are Being Used for Continuous
Compliance Demonstration for the Pollutant
IV. Public Comments
V. Rationale for Final Amendments to 2016 CISWI Rule
A. Discussion of Final Technical Amendments
B. Typographical Errors and Corrections
C. Environmental, Energy, and Economic Impacts
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Categories and entities affected by the final action are those that
operate CISWI units. The NSPS and EG, herein after referred to as
``standards,'' for CISWI affect the following categories of sources:
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Examples of potentially
Category NAICS \1\ code regulated entities
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Any industrial or commercial facility 211, 212, 486....................... Oil and gas exploration
using a solid waste incinerator. operations; Mining, pipeline
operators.
221................................. Utility providers.
[[Page 15847]]
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.
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\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the final
action. To determine whether your facility will be affected by this
action, you should examine the applicability criteria in 40 Code of
Federal Regulations (CFR) 60.2010 of subpart CCCC, 40 CFR 60.2505 of
subpart DDDD, and 40 CFR 241. If you have any questions regarding the
applicability of the final action to a particular entity, contact the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. Where can I get a copy of this document and other related
information?
The docket number for this final action regarding the CISWI
Technical Amendments is Docket ID No. EPA-HQ-OAR-2003-0119.
In addition to being available in the docket, an electronic copy of
this action is available on the internet. Following signature by the
Administrator, the EPA will post a copy of this final action at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new. Following
publication in the Federal Register, the EPA will post the Federal
Register version and key technical documents at the same website.
C. Judicial Review
Under Clean Air Act (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 June 17, 2019. 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 who believes the final rule contains
provisions that were not reasonably forseeable based on the proposed
rule should submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, EPA WJC
South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, 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 20460. 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. Background
A. What is the statutory authority for taking this action?
Section 129 of the CAA requires the EPA to establish NSPS and EG
pursuant to sections 111 and 129 of the CAA for new and existing solid
waste incineration units located at commercial and industrial
facilities. This action amends standards developed under these
authorities.
B. Background Information
On March 21, 2011, the EPA promulgated revised NSPS and EG for
CISWI units (i.e., solid waste incineration units located at commercial
or industrial facilities). 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, proposed revisions to, and
requested comment on several provisions of the March 2011 final NSPS
and EG for CISWI units. These proposed revisions were published on
December 23, 2011 (76 FR 80452).
On February 7, 2013, the EPA finalized revisions to the CISWI NSPS
and EG (78 FR 9112). In that final action, the EPA made additional
revisions in response to comments that had not been proposed in the
December 23, 2011, Federal Register document. Subsequently, the EPA
received petitions for reconsideration of the final 2013 action. These
petitions assert that the public did not have sufficient opportunity to
comment on some of the provisions contained in that final rule. In
response, the EPA proposed to reconsider four provisions of the 2013
final revisions to the NSPS and EG for CISWI units (80 FR 3018, January
21, 2015). The EPA took final action on that proposal on June 23, 2016
(81 FR 40956). We will refer to this final CISWI rule, as revised
through June 2016, as the 2016 CISWI rule.
Following promulgation of the 2016 CISWI rule, the EPA received
requests from industry stakeholders and implementing agencies to
clarify various issues with implementation of the standards. In
addition, the EPA identified certain testing and monitoring issues and
inconsistencies within the rules that required further clarification or
correction. On June 15, 2018, the EPA proposed amendments to several
provisions of the 2016 CISWI rule to address these issues (83 FR
28068). In addition, the EPA identified additional regulatory
provisions, beyond those raised by the requests from industry
stakeholders and implementing agencies, that require clarification and
editorial correction to address inconsistencies and errors in the final
rules. In this document, the EPA is taking final action on the June
2018 proposal by promulgating clarifying changes and corrections to the
2016 CISWI rule.
For more detailed background and additional information on how this
rule is related to other CAA combustion rules issued under CAA section
112 and the Resource Conservation and Recovery Act definition of solid
waste, refer to the prior final actions discussed above (76 FR 15704,
March 21, 2011; 78 FR 9112, February 7, 2013).
III. Summary of Final Action
In this final rule, we are amending the 2016 CISWI rule to address
certain
[[Page 15848]]
issues raised by industry stakeholders and implementing agencies, as
well as to address other issues identified during implementation of the
CISWI rule. Provisions affected by the amendments are: (1) Alternative
equivalent emission limit for mercury (Hg) for the waste-burning kiln
subcategory; (2) timing of initial test and initial performance
evaluation; (3) extension of the date by which electronic data
reporting requirements must be met; (4) clarification of non-delegated
authorities; (5) demonstration of initial and continuous compliance
when using a continuous emissions monitoring system (CEMS); (6)
continuous opacity monitoring requirements; (7) other CEMS
requirements; (8) clarification of skip testing requirements; (9)
deviation reporting requirements for continuous monitoring data; and
(10) clarification of air curtain incinerator (ACI) requirements. In
addition to these provisions, we are also correcting minor
typographical errors identified in the rule as noted in section V.B of
this preamble.
This final rule provides meaningful burden reduction by providing
regulated facilities additional time to complete initial compliance
demonstrations and by allowing facilities to comply with production-
based emission limits in lieu of the concentration-based limits in the
2016 CISWI rule. Specifically, cement kilns would be allowed to report
mercury emissions on a mass-based production basis (pounds per million
(lb/MM) ton of clinker) in lieu of reporting on a concentration based
limit (milligrams per dry standard cubic meter (mg/dscm)). This
alternative provision may result in lower costs for the cement industry
by making the format of the mercury emission limits consistent with the
Portland Cement NESHAP (PC NESHAP). Further, the rule adds
flexibilities in the compliance demonstration process by extending the
timeline for performance evaluation tests from 60 days to 180 days and
allows facilities to use CEMS for demonstrating initial compliance.
These provisions may lower compliance testing costs as stack testing
could be avoided if the facilities use CEMS. Moreover, facilities with
CEMS will not be required to retest in the event of original stack
testing failure.
The EPA is taking final action on all the amendments discussed in
the June 15, 2018 (83 FR 28068), proposed rule and also making two
additional changes to clarify provisions of the 2016 CISWI rule. A more
detailed discussion of the rationale behind the technical amendments is
located in section V.A of this preamble.
A. EG 30-Day Rolling Average Provisions
A commenter noted that the 30-day rolling average language found in
40 CFR 60.2710(c) was inconsistent with how the averaging period is
defined elsewhere in the rule because it contained the additional
qualifier ``over the previous 30 days of operation.'' The EPA realizes
that units may not necessarily operate continuously, and that valid
operating data exclude periods when a unit is not operating. The EPA
has removed the phrase ``over the previous 30 days of operation'' from
40 CFR 60.2710(c) to be consistent with similar provisions elsewhere in
the EG and in the NSPS.
B. Clarification of Operating Parameter Monitoring for a Pollutant's
Control When CEMS are Being Used for Continuous Compliance
Demonstration for the Pollutant
The EPA is clarifying that continuous operating parameter
monitoring is not required when CEMS are used for direct and continuous
compliance demonstrations for the pollutant. See section V.A.5 of this
preamble for further discussion.
IV. Public Comments
Public comments on the proposed rule and the EPA's responses to
these comments are addressed in a separate response to comment
document, available in the docket for this action at Docket ID No. EPA-
HQ-OAR-2003-0119.
V. Rationale for Final Amendments to 2016 CISWI Rule
A. Discussion of Final Technical Amendments
This section of the preamble explains the basis for the changes in
this final rule.
1. Alternative Equivalent Emission Limit for Hg for the Waste-Burning
Kiln Subcategory
The December 23, 2011, proposed CISWI reconsideration rule preamble
discussed and presented equivalent emission limits for waste-burning
kilns expressed on a production basis (76 FR 80458). In the February
2013 CISWI final reconsideration rule preamble, the EPA again included
these equivalent production-based limits, but at that time the EPA
decided not to codify these within the rule text. In the process of
approving state plans to implement the CISWI EG, the EPA has recognized
that there is a benefit to some affected sources and implementing
agencies in codifying the emission limit for Hg for waste-burning kilns
expressed as a production-based limit (i.e., lb/MM ton clinker) as an
alternative equivalent standard to the existing concentration-based
standard (i.e., mg/dscm), because this is the format of the Hg
standards found in the PC NESHAP. The EPA strives to make compliance
with both CISWI standards and the PC NESHAP as streamlined and
consistent as possible to facilitate compliance with both standards
because these sources (and energy recovery units) must comply with the
CISWI standard when they are combusting solid waste and must comply
with the PC NESHAP or Boiler Maximum Achievable Control Technology
standards, as applicable, when combusting nonwaste materials. Having an
equivalent emission limit in the same units as the PC NESHAP will,
thus, aid affected sources in demonstrating compliance with both
standards, and will aid implementing agencies in enforcing the
standards.
As discussed in 2011 and repeated in 2013 (78 FR 9122-3, February
7, 2013), the Hg emission limit of 58 lb/MM ton clinker and 21 lb/MM
ton clinker for existing and new sources, respectively, are equivalent
to the concentration-based Hg standards of 0.011 mg/dscm and 0.0037 mg/
dscm within the currently published 2016 CISWI rule. To facilitate use
of the equivalent production-based emission limits, the EPA is adding
these emission limits to the emission limitation tables, and including
recordkeeping, calculation, and reporting requirements for clinker
production rate as necessary. The regulatory provisions and
calculations being made final are consistent with those found in the PC
NESHAP, see 40 CFR 63, subpart LLL.
2. Timing of Initial Test and Initial Performance Evaluation
The current CISWI NSPS and EG (2016 CISWI Rule) require affected
sources to conduct a performance evaluation of each continuous
monitoring system within 60 days of installation of the monitoring
system (see 40 CFR 60.2135 and 60.2700). The rule also allows up to 180
days from the final compliance date for affected sources to conduct an
initial performance test. The EPA received questions from implementing
agencies asking whether these requirements can be synchronized to
prevent duplicate testing requirements because the continuous
monitoring system performance evaluation would require an emissions
test being conducted at the same time regardless. We recognize that
[[Page 15849]]
the requirement to conduct a performance evaluation within 60 days of
installation could present a situation for sources where the deadline
for conducting the performance evaluation would precede the deadline
for conducting the initial performance test. The EPA did not intend to
require sources to conduct duplicative initial performance tests, and
we see a benefit to sources and implementing agencies to be able to
schedule and conduct both of these demonstrations at the same time.
Therefore, the EPA is adjusting the timing of the continuous monitoring
system initial performance evaluation to allow 180 days from
installation to match the schedule which is allowed for conducting the
initial performance test. The EPA has determined that making these
timelines consistent (i.e., 180 days from installation) will streamline
compliance demonstrations and prevent possible duplicative testing
requirements.
3. Extension of Electronic Data Reporting Requirement
In this action, the EPA is extending the electronic reporting
requirement dates found in 40 CFR 60.2235(a) and 60.2795(a). The
electronic reporting provisions promulgated in CISWI require submittal
of initial, annual, and deviation reports electronically through the
EPA's Compliance and Emissions Data Reporting Interface (CEDRI), which
is accessed through the EPA's Central Data Exchange. The existing rule
provides that the requirement for electronic submittal will take effect
once the relevant forms have been available in CEDRI for 90 calendar
days. As stated in the CISWI reconsideration (81 FR 40956), the EPA
intended to make the requirements of the CISWI rule consistent with the
Electronic Reporting and Recordkeeping Requirements for New Source
Performance Standards, which was proposed on March 20, 2015 (80 FR
15100).\1\ However, the CISWI reconsideration final rule was published
on June 23, 2016 (81 FR 40956), before the Electronic Reporting and
Recordkeeping Requirements for New Source Performance Standards rule
\2\ was finalized and did not take into account comments received on
that rule.
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\1\ Originally, the Electronic Reporting and Recordkeeping
Requirements for New Source Performance Standards rule included
CISWI as one of the affected subparts. However, because the CISWI
reconsideration package was proposed at nearly the same time as that
rule, CISWI was removed as an affected subpart, and the language
associated with the Electronic Reporting and Recordkeeping
Requirements for New Source Performance Standards rule was inserted
into the CISWI reconsideration proposal.
\2\ This final rule was signed on December 21, 2016, but was
withdrawn from the Office of the Federal Register prior to
publication.
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The extension for CISWI units in this action is consistent with the
EPA's approach to electronic reporting outlined in the Electronic
Reporting and Recordkeeping Requirements for New Source Performance
Standards final rule.\3\ This approach has also been used in recent EPA
rulemakings (e.g., National Emissions Standards for Hazardous Air
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite, and Stand-Alone Semi Chemical Pulp Mills, 82 FR 47328 (October
11, 2017); National Emissions Standards for Hazardous Air Pollutants:
Publicly Owned Treatment Works Residual Risk and Technology Review, 82
FR 49513, October 26, 2017). The extension requires electronic
submission of initial, annual, and deviation reports 2 years from
publication of the final rule or 1 year after the reporting form
becomes available in CEDRI, whichever date is later. This extension is
necessary to allow the EPA time to develop and adequately test the new
forms and for regulated entities to become familiar with the forms and
reprogram systems that collect data for periodic reports once the forms
are available. The extension also allows state, local, and tribal
agencies more time to implement electronic reporting and to make any
needed permit revisions to accommodate electronic reporting and allows
for development of third-party software to populate the reporting
forms.
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\3\ The prepublication version of the final rule is available at
https://www.epa.gov/sites/production/files/2017-04/documents/e-reporting-nsps-final-rule-pre-publication.pdf. Accessed November 15,
2018.
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4. Clarification of Non-Delegated Authorities
In this action, the EPA is making final corrections to the
authorities listed in 40 CFR 60.2030(c). Specifically, the reference to
40 CFR 60.2125(j) is an outdated reference to previously proposed, but
never promulgated, performance test waiver provisions. These provisions
were included in the June 4, 2010, CISWI proposed rule (see 75 FR
31975), but were not made final in the March 21, 2011, final rule (see
76 FR 15752-3). This reference was inadvertently not included in the
final rule to reflect that the proposed 40 CFR 60.2125(j) was not
finalized. Another correction relates to the provisions of 40 CFR
60.2030(c)(10) that require obtaining a determination from the EPA of
whether a qualifying small power facility or cogeneration facility is
combusting homogeneous waste. We intended to remove these provisions in
the 2013 CISWI final rule as part of the removal of the definition of
homogeneous waste (see 78 FR 9124, February 7, 2013). As discussed in
the preamble to the February 7, 2013, final revision action, the EPA
determined that the proposed ``definition and provisions could be
interpreted in a manner that would be unduly restrictive.'' Therefore,
the EPA did not include a definition of ``homogeneous waste'' in the
final CISWI rule and the Agency stated it was (without actually
amending the CFR text to reflect its intent) ``removing the requirement
that qualifying small power producers and qualifying cogeneration
facilities that combust solid waste obtain a determination from the EPA
that such waste is homogeneous.'' Id. Accordingly, the EPA is removing
paragraph 40 CFR 60.2030(c)(10). While no other authorities have been
added or removed from this list, the EPA is making minor revisions to
streamline the section by removing the reserved subparagraphs (i.e.,
(5) and (10)) and renumbering the subparagraphs sequentially.
In this action, we are also clarifying, with respect to the EG,
which authorities will not be delegated. Language in 40 CFR 60.2542
simply contains a reference to the analogous paragraph (40 CFR
60.2030(c)) within the CISWI NSPS. However, since the CISWI NSPS
applies to new sources, applicability of these non-delegated
authorities to state plans implementing the emission guidelines for
existing sources was unclear to implementing agencies. To remove this
confusion, we have eliminated the cross reference to 40 CFR 60.2030(c)
and have instead provided the specific details on which authorities
will not be delegated within the text of 40 CFR 60.2542. The final list
of authorities in 40 CFR 60.2542 matches the updated list found in 40
CFR 60.2030(c), with the appropriate adjustments made to subpart
section cross references.
5. Demonstrating Initial Compliance When Using CEMS
As the EPA noted at proposal, (see 83 FR 28072, June 15, 2018), the
provisions regarding CEMS monitoring for demonstrating initial
compliance are inconsistent and somewhat unclear. The final CISWI rules
require some sources to demonstrate compliance using CEMS, and allow
the option for any source to use CEMS to demonstrate compliance ``with
any of the emission limits of this subpart'' (see 40 CFR 60.2145(u) and
60.2710(u)). However, for most of the
[[Page 15850]]
paragraphs containing the pollutant-specific CEMS requirements, the
language was unclear on whether these demonstrations were applicable to
demonstrating initial compliance, with the exception of carbon monoxide
(CO). The EPA's intent was to allow CEMS for demonstrating initial
compliance for any pollutant (i.e., with any of the emission limits of
this subpart). To express the EPA's intent of providing this
flexibility for compliance demonstration more clearly, we have revised
several sections of the rule in this final action. For example, the
initial compliance requirements in 40 CFR 60.2135 and 60.2700 have been
revised to also reflect use of CEMS data as an initial compliance
demonstration alternative to an emissions test, provided that the
initial CEMS performance evaluation has been conducted prior to
collecting CEMS data used for the initial performance test. Likewise,
language surrounding the CEMS requirements found in 40 CFR 60.2145,
60.2165, 60.2710, and 60.2730, and the emission limitation tables, has
been revised and streamlined to clarify that CEMS data may be used to
demonstrate compliance (i.e., initial and continuing) with the
standards.
In addition to clarifying initial compliance demonstrations using
CEMS, commenters suggested a similar issue occurs with continuous
parametric monitoring requirements for sources that use CEMS to
demonstrate compliance for a pollutant. It was not the EPA's intent to
require duplicative operating parameter monitoring for pollutants if
emissions for the pollutants are directly and continuously monitored
using CEMS. Therefore, the EPA has clarified the CEMS requirements in
40 CFR 60.2165 and 40 CFR 60.2730 to indicate that sources using CEMS
to monitor for a pollutant are not required to monitor the associated
operating parameters unless it is necessary for compliance with the
monitoring requirements of another regulated pollutant. This
clarification is not removing any monitoring requirements, but only
acknowledging that direct pollutant emission measurement with CEMS is a
suitable, if not even preferential, alternative to continuous parameter
monitoring.
6. Clarification of Continuous Opacity Monitoring System (COMS)
Requirements
In addition to the clarifications to CEMS provisions, we are also
revising 40 CFR 60.2145(i) and 60.2710(i) to clarify our intent
regarding the types of units required to install COMS and to make it
consistent with the COMS monitoring requirement language found in 40
CFR 60.2165(m) and 60.2730(m), respectively. We are adding language
clarifying that energy recovery units between 10 and 250 million
British thermal units/hour design heat input that are equipped with
electrostatic precipitators (ESP), particulate matter CEMS, or
particulate matter continuous parameter monitoring systems (CPMS) are
not required to additionally install and operate COMS because these
units have an air pollution control device that has continuous
parameter monitoring requirements or are using continuous particulate
matter monitoring compliant with provisions within the rule already
(see 40 CFR 60.2145(q), for example). The rule currently excludes the
COMS requirement for energy recovery units using other types of
particulate matter control devices or that use particulate matter CEMS
for continuous particulate matter monitoring, but inadvertently omitted
ESPs and particulate matter CPMS from the list. Therefore, we are
adding ``electrostatic precipitator'' and ``particulate matter CPMS''
to the list (that currently includes CO wet scrubbers and fabric
filters) found in 40 CFR 60.2165(m) and 60.2730(m) as types of units
that do not require COMS. As a further clarification, we are also
amending the text to 40 CFR 60.2145(i) and 60.2710(i) to clearly
specify that the COMS requirement is applicable to units within the
specified size range ``that do not use a wet scrubber, fabric filter
with bag leak detection system, an electrostatic precipitator,
particulate matter CEMS, or particulate matter CPMS.''
7. Clarification of Other CEMS Requirements
In addition to the CEMS-related requirements discussed above, the
EPA is making two other CEMS-related clarifications in this final rule:
(1) To not require CO CEMS for new waste-burning kilns; and (2) to
remove outdated notification requirements when particulate matter CEMS
are being used. For the CO CEMS issue, the rule as finalized in
February 7, 2013, erroneously includes a requirement at 40 CFR
60.2145(j) for new waste-burning kilns to demonstrate compliance with
CO emission limits using CEMS. This issue was not corrected in the 2016
final rules and is inconsistent with the requirements found in Table 7
to 40 CFR 60, subpart CCCC, and with the EPA's intent to remove CO CEMS
requirements for new CISWI sources, as stated in the February 7, 2013,
final CISWI rules (see 78 FR 9120). Carbon monoxide CEMS are allowed as
an alternative compliance demonstration, but sources who adopt this
alternative are not required to conduct annual testing using EPA Method
10. To make this clarification, the EPA is revising 40 CFR 60.2145(j)
to reflect that CO is one of the pollutants for which an annual test is
required and removing CO from the list of pollutants requiring CEMS for
demonstrating compliance.
Regarding the removal of outdated notification requirements when
particulate matter CEMS are used, the EPA is removing the outdated
requirements to notify the Administrator prior to beginning and
stopping use of an optional particulate matter CEMS. These provisions
are 40 CFR 60.2165(n)(1) and (2), and 40 CFR 60.2730(n)(1) and (2).
These provisions are an inadvertent holdover from model provisions from
a prior rule. CEMS technology and application has progressed to an
extent that these notifications are no longer needed or desired by the
EPA. Furthermore, these notifications do not appear in the reporting
requirements outlined in the reporting requirement tables (Table 4 to
40 CFR part 60, subpart CCCC and Table 3 to 40 CFR part 60, subpart
DDDD), nor the other notification requirements, so they introduced an
unintended inconsistency within the rule. To resolve this, we are
deleting the current subparagraphs (1) and (2) of these sections and
renumbering the remaining subparagraphs sequentially to streamline
these requirements.
8. Clarification of Reduced Testing Requirements
It has come to the EPA's attention that there is confusion
regarding how reduced testing is applied after a source has
demonstrated good performance and has skipped testing for 2 years (see
40 CFR 60.2155 and 60.2720). Stakeholders suggest that the current
CISWI rule language would have a good-performing source return to an
annual testing schedule after being able to skip testing for 2 years,
with no opportunity for additional reduced testing. It was not the
EPA's intent to only offer this allowance once when developing these
provisions. To the contrary, the EPA intended this allowance to be
available for as long as good performance could be reaffirmed with
testing every 3 years instead of annually (see 76 FR 15714, March 21,
2011). The intended sequence of testing consisted of two consecutive
annual tests showing 75 percent or less of the applicable standard is
achieved; followed by 2 years of testing being skipped; followed by an
annual test showing that 75 percent of the standard is achieved;
followed by 2 years of
[[Page 15851]]
testing being skipped; etc. In other words, starting with the initial
compliance test (first year), for the first and second years, a source
would perform compliance testing; for the third and fourth years, the
source could skip testing (if both the first and second-year results
showed that the source achieves 75 percent or less of the applicable
standard); for the fifth year a source would perform compliance
testing; for the sixth and seventh years, the source could skip testing
(if the fifth-year results showed that the source achieves 75 percent
or less of the applicable standard); for the eighth year, a source
would perform compliance testing, and so on. Since the promulgation of
these standards, these skip testing provisions have been refined and
promulgated during regulatory development efforts in the CAA section
129 rulemakings for sewage sludge incinerators (40 CFR part 60,
subparts LLLL and MMMM). In this action, the EPA is clarifying the
ongoing allowance for reduced testing provisions we intended, based
largely on language used in the recent sewage sludge incinerator rule
(see 81 FR 26039, April 29, 2016).
9. Clarification of Deviation Reporting Requirements for Continuous
Monitoring Data
The EPA has become aware of some unclear requirements in the
deviation reporting requirements of 40 CFR 60.2215(a) and 60.2775(a).
In particular, the requirements for continuously measured parameters or
emissions using CEMS are not clearly outlined within these sections.
While these provisions are clear for 3-hour average parameters and
performance testing, the EPA recognizes that 30-day averages allowed
for energy recovery units and particulate matter CEMS were
inadvertently omitted, as well as requirements for any other 30-day
average measured using CEMS that deviated from an emission limit. The
EPA is adding language to these paragraphs to clarify that deviations
for these other operating parameters or CEMS measurements that deviate
from an operating limit or emissions limitation must be included in a
deviation report.
10. Clarification of ACI Requirements
Since promulgation of the 2016 CISWI final rule, the EPA has
received various questions from implementing agencies regarding the
applicability of CISWI to ACI. While the limited requirements of ACIs
burning only wood waste, clean lumber, or a mixture of wood waste,
clean lumber, and/or yard waste are defined within the rule, ACIs'
status as a CISWI-affected source is unclear to some implementing
agencies as they work to prepare state plans and negative declarations
because of confusing language in the 2016 CISWI Rule. See 40 CFR
60.2550. Specifically, the section of the EG addressing the units
subject to the final CISWI rule includes a reference to ACI in 40 CFR
60.2550(a)(1), but 40 CFR 60.2550(a)(2) further states that only units
that meet the definition of a CISWI unit are subject to the final rule,
and ACIs do not meet the regulatory definition of a CISWI unit.\4\
---------------------------------------------------------------------------
\4\ The phrasing of the regulations at 40 CFR 60.2010 and
60.2015 of the NSPS similarly confuse the applicability of the final
CISWI rule to new ACIs located at commercial and industrial
facilities.
---------------------------------------------------------------------------
Notwithstanding that provision, the record demonstrates that the
EPA considers ACIs located at commercial and industrial facilities and
otherwise meeting the definition of an ACI as being CISWI-affected
sources. See CAA section 129(g)(1)(C) (defining ACIs) and 40 CFR
60.2245-2260 of the NSPS and 60.2810-2870 of the EG (setting forth the
CISWI EG requirements applicable to ACI). Facilities can have CISWI-
affected ACIs even if they do not have CISWI units located at the
facility. If an ACI begins burning solid waste as defined in the Non
Hazardous Secondary Materials rule (see 40 CFR part 241) in addition
to, or instead of, wood waste, clean lumber, or a mixture of wood
waste, clean lumber, and/or yard waste, it is a solid waste
incineration unit that is subject to the applicable numerical emission
standards contained in CISWI or another CAA section 129 standard,
depending on the type of waste combusted (e.g., such as a unit burning
more than 30-percent municipal solid waste would be a municipal solid
waste incineration unit instead of a CISWI unit).
The EPA's intent is further demonstrated in a response to comment
on title V permitting requirements for ACIs in the preamble to the
March 21, 2011, final CISWI rule (76 FR 15741):
Commenters are correct that ACIs are not solid waste incineration
units pursuant to CAA section 129(g)(1)(C), but that is only correct if
the units ``only burn wood wastes, yard wastes and clean lumber and
[they] * * * comply with opacity limitations to be established by the
Administrator by rule.'' The EPA has established opacity limitations
for ACIs pursuant to CAA sections 111 and 129.
Pursuant to CAA section 502(a), sources subject to standards or
regulations under CAA section 111 must obtain a title V permit;
therefore, ACIs are required to obtain a title V permit. As commenters
note, the EPA may exempt minor and area sources from the requirement to
obtain a title V permit, but the EPA must first determine that
compliance with title V requirements is ``impracticable, infeasible, or
unnecessarily burdensome'' for the sources before exempting them (CAA
section 502(a)). The EPA has not made the necessary finding pursuant to
CAA section 502(a) for ACIs in any of the CAA section 129 rulemakings,
and we believe that ACIs exist at CAA section 129 facilities other than
at the commercial and industrial facilities subject to this final rule.
Because we think it is important to treat all ACIs in the same manner,
we decline to consider a title V exemption for minor and area source
ACIs at commercial and industrial facilities.
As the record demonstrates, the EPA determined that ACIs located at
commercial and industrial facilities are CISWI-affected sources that
must be included in state plans and regulated consistent with the final
CISWI standards applicable to such units. To address the uncertainty
created by the CISWI rule, the EPA is clarifying the affected source
status of ACIs by revising the regulations to make clear that ``air
curtain incinerators'' do not need to meet the definition of a ``CISWI
unit'' to be subject to the CISWI rule (40 CFR 60.2010 of the NSPS and
40 CFR 60.2500 and 60.2550 of the EG).
B. Typographical Errors and Corrections
In this action, we are also revising the final rule to correct
minor typographical errors and clarify provisions that are unclear. The
list of these changes is included in the Typographical Errors and
Corrections for Final Technical Amendments memorandum in Docket ID No.
EPA-OAR-HQ-2003-0119.
C. Environmental, Energy, and Economic Impacts
This action makes technical and clarifying corrections to aid in
implementation and compliance, but does not make substantive changes to
the February 7, 2013, final CISWI rule (78 FR 9112).\5\ As such, there
are no environmental, energy, or economic impacts associated with this
final action. The impacts associated with the CISWI rule were discussed
in detail in
[[Page 15852]]
the February 7, 2013, final CISWI rule document.
---------------------------------------------------------------------------
\5\ The June 23, 2016, final CISWI rule amendments (81 FR 40956)
also did not entail any environmental, energy or economic impacts,
and therefore the February 7, 2013, final CISWI rule presents the
impacts associated with the CISWI rule.
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is considered an Executive Order 13771 deregulatory
action. This final rule provides meaningful burden reduction by
providing additional regulatory flexibilities that address several
implementation issues raised by the stakeholders.
C. 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 and has assigned OMB
Control number 2060-0662 for 40 CFR part 60, subpart CCCC, and OMB
Control number 2060-0664 for 40 CFR part 60, subpart DDDD. This action
is believed to result in no changes to the information collection
requirements of the 2016 CISWI rule, so that the information collection
estimate of project cost and hour burden from the 2016 CISWI Rule have
not been revised.
D. 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 2016 CISWI
rule, which also did not impose any additional regulatory requirements
beyond 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.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments, or the private sector.
F. 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.
G. 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.
H. 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.
I. 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.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (58 FR 7629, February 16, 1994).
It does not affect the level of protection provided to human health
or the environment. The final corrections do not relax the control
measures on sources regulated by the 2016 CISWI rule, which also did
not relax any control measures on sources regulated by the February
2013 final CISWI rule. Therefore, this final action will not cause
emissions increases from these sources. The February 2013 final CISWI
rule reduced 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 or low-income populations.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the 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: March 18, 2019.
Andrew R. Wheeler,
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.
Sec. 60.17 [Amended]
0
2. Amend Sec. 60.17 by:
[[Page 15853]]
0
a. In paragraph (g)(14), by removing ``60.2710(s), (t), and (w),''and
adding, it its place, ``60.2710(s) and (t),''; and
0
b. In paragraph (h)(190), by removing ``tables 1, 5,'' and adding, in
its place, ``tables 5,''.
0
3. Revise subpart CCCC to read as follows:
Sec.
Subpart CCCC--Standards of Performance for Commercial and Industrial
Solid Waste Incineration Units
Introduction
60.2000 What does this subpart do?
60.2005 When did 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 (ACIs)
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?
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 units (CISWIs) and
air curtain incinerators (ACIs).
Sec. 60.2005 When did this subpart become effective?
This subpart became effective on August 7, 2013. Some of the
requirements in this subpart apply to planning the CISWI or ACI (i.e.,
the preconstruction requirements in
[[Page 15854]]
Sec. Sec. 60.2045 and 60.2050). Other requirements such as the
emission limitations and operating limits apply after the CISWI or ACI
begins operation.
Applicability
Sec. 60.2010 Does this subpart apply to my incineration unit?
Yes, this subpart applies 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 as defined in Sec. 60.2265,
or an ACI 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 or ACI that commenced construction after June 4, 2010;
(2) A CISWI or ACI that commenced reconstruction or modification
after August 7, 2013; and
(3) Incinerators and ACIs, 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 or ACI 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)
through (j) of this section, but some units are required to provide
notifications.
(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) 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).
(c) 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).
(d) Small power production facilities. Units that meet the four
requirements specified in paragraphs (d)(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).
(e) Cogeneration facilities. Units that meet the four requirements
specified in paragraphs (e)(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. 60.2175(x).
(f) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
(g) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(h) Sewage treatment plants. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
(i) 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).
(j) 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
[[Page 15855]]
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 (9) of this
section:
(1) Approval of alternatives to the emission limitations in tables
1, 5, 6, 7, and 8 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) The requirements in Sec. 60.2115;
(6) The requirements in Sec. 60.2100(b)(2);
(7) Approval of alternative opacity emission limits in Sec.
60.2105 under Sec. 60.11(e)(6) through (8);
(8) Performance test and data reduction waivers under Sec.
60.8(b)(4) and (5);
(9) 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. 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
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 CISWIs 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.
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'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.
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 CISWIs 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 can be operated unless a fully trained and qualified
CISWI operator is accessible, either at the facility or can be at the
facility within 1 hour. The trained and qualified CISWI operator may
operate the CISWI directly or be the direct supervisor of one or more
other plant personnel who operate the unit. If all qualified CISWI
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;
[[Page 15856]]
(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 startup;
(b) December 3, 2001; and
(c) The date before an employee assumes responsibility for
operating the CISWI or assumes responsibility for supervising the
operation of the CISWI.
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 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, whichever date is later;
and
(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 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 may be operated by other plant
personnel familiar with the operation of the CISWI 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. 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 is
disapproved, the CISWI 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.
[[Page 15857]]
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,
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) A CISWI or ACI 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
ACIs 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 hydrogen chloride (HCl) emission limitation.
(b) You must meet the operating limits established during the
initial performance test 60 days after your CISWI 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 particulate matter (PM) continuous
parameter monitoring system (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), 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
for 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
[[Page 15858]]
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] TR16AP19.006
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] TR16AP19.007
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] TR16AP19.008
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
[[Page 15859]]
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] TR16AP19.009
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 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 (except when using Method 9 and Method 22).
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP19.010
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);
[[Page 15860]]
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?
(a) You must conduct a performance test, as required under
Sec. Sec. 60.2125 and 60.2105to 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. 60.2110 or Sec. 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.
(b) As an alternative to conducting a performance test, as required
under Sec. Sec. 60.2125 and 60.2105, you may use a 30-day rolling
average of the 1-hour arithmetic average CEMS data, including CEMS data
during startup and shutdown as defined in this subpart, to determine
compliance with the emission limitations in Table 1 of this subpart or
tables 5 through 8 of this subpart. You must conduct a performance
evaluation of each continuous monitoring system within 180 days of
installation of the monitoring system. The initial performance
evaluation must be conducted prior to collecting CEMS data that will be
used for the initial compliance demonstration.
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 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 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 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) General compliance with standards, considering some units may
be able to switch between solid waste and non-waste fuel combustion, is
specified in paragraph (a)(1) through (6) of this section.
(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, 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
[[Page 15861]]
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, 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 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 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 initial and continuous compliance
with the carbon monoxide emission limit using a carbon monoxide CEMS,
as described in Sec. 60.2165(o).
(h) Coal and liquid/gas energy recovery units with average annual
heat input rates greater than or equal to 250 million British thermal
units/hour (MMBtu/hr) may elect to demonstrate initial and continuous
compliance with the particulate matter emissions limit using a
particulate matter CEMS according to the procedures in Sec. 60.2165(n)
instead of the PM 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 initial and continuous 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/hr and less than 250 MMBtu/hr that do
not use a wet scrubber, fabric filter with bag leak detection system,
an electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS, you must install, operate, certify and maintain a
continuous opacity monitoring system (COMS) according to the procedures
in Sec. 60.2165(m).
(j) For waste-burning kilns, you must conduct an annual performance
test for cadmium, lead, carbon monoxide, dioxins/furans and hydrogen
chloride as listed in Table 7 of this subpart, unless you choose to
demonstrate initial and continuous compliance using CEMS, as allowed in
paragraph (u) of this section. If you do not use an acid gas wet
scrubber or dry scrubber, you must determine compliance with the
hydrogen chloride emissions limit using a HCl CEMS according to the
requirements in paragraph (j)(1) of this section. You must determine
compliance with the mercury emissions limit using a mercury CEMS or an
integrated sorbent trap monitoring system according to paragraph (j)(2)
of this section. You must determine compliance with nitrogen oxides and
[[Page 15862]]
sulfur dioxide 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:
[GRAPHIC] [TIFF OMITTED] TR16AP19.011
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 or integrated sorbent trap monitoring system
according to the following requirements:
(i) You must operate a mercury CEMS system in accordance with
performance specification 12A of 40 CFR part 60, appendix B or an
integrated sorbent trap monitoring system in accordance with
performance specification 12B of 40 CFR part 60, appendix B; these
monitoring systems must be quality assured according to procedure 5 of
40
[[Page 15863]]
CFR 60, appendix F. For the purposes of emissions calculations when
using an integrated sorbent trap monitoring system, the mercury
concentration determined for each sampling period must be assigned to
each hour during the sampling period. If you choose to comply with the
production-rate based mercury limit for your waste-burning kiln, you
must also monitor hourly clinker production and determine the hourly
mercury emissions rate in pounds per million ton of clinker produced.
You must demonstrate compliance with the mercury emissions limit using
a 30-day rolling average of these 1-hour mercury concentrations or mass
emissions rates, including CEMS and integerated sorbent trap monitoring
system 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. Integerated
sorbent trap monitoring system and 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 or integrated sorbent
trap monitoring system to determine mass emission rate 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 specification 6
of 40 CFR part 60, appendix B, and conducting an annual relative
accuracy test of the continuous emission rate monitoring system
according to section 8.2 of performance specification 6; and
(iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS or
integrated sorbent trap monitoring system 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) introductory text,
(c)(1) and (4), and (d) through (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
[[Page 15864]]
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 initial and
continuous 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(l) to measure sulfur
dioxide. The sulfur dioxide CEMS 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 initial and
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. The nitrogen oxides CEMS 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
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 or an integrated sorbent trap
monitoring system for mercury to demonstrate initial and
continuouscompliance 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 or integrated sorbent trap monitoring
systems data during startup and shutdown as defined in this
[[Page 15865]]
subpart, calculated using equation 19-19 in section 12.4.1 of EPA
Reference Method 19 at appendix A-7 of this part. The 1-hour arithmetic
averages for CEMS must be calculated using the data points required
under Sec. 60.13(e)(2). Except for CEMS or integrated sorbent trap
monitoring systems data during startup and shutdown, the 1-hour
arithmetic averages used to calculate the 30-day rolling average
emission concentrations must be corrected to 7 percent oxygen (dry
basis). Integrated sorbent trap monitoring systems or 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 and integrated sorbent trap monitoring systems
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 PM, HCl, lead, cadmium, mercury, nitrogen oxides, sulfur
dioxide, and dioxin/furans.
(w) For energy recovery units with a design heat input capacity of
100 MMBtu/hr 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/hr 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;
(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.
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),
[[Page 15866]]
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] TR16AP19.012
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; 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, as specified in Sec.
60.2160. New operating limits become effective on the date that the
performance test report is submitted to the EPA's Central Data Exchange
or postmarked, per the requirements of Sec. 60.2235(b). 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) You can conduct performance tests less often if you meet the
following conditions: your performance tests for the pollutant for at
least 2 consecutive performance tests demonstrates that the emission
level for the pollutant is no greater than the emission level specified
in paragraph (a)(3)(i) or (ii) of this section, as applicable; there
are no changes in the operation of the affected source or air pollution
control equipment that could increase emissions; 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. In this case, you
do not have to conduct a performance test for that pollutant for the
next 2 years. You must conduct a performance test for the pollutant no
more than 37 months following the previous performance test for the
pollutant. If the emission level for your CISWI continues to meet the
emission level specified in paragraph (a)(3)(i) or (ii) of this
section, as applicable, you may choose to conduct performance tests for
the pollutant every third year, as long as there are no changes in the
operation of the affected source or air pollution control equipment
that could increase emissions. Each such performance test must be
conducted no more than 37 months after the previous performance test.
(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; 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 does not
meet the emission level specified in paragraph (a)(3)(i) or (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 or PM CEMS 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:
[[Page 15867]]
(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) 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, you must install, calibrate, maintain, and operate a CEMS for
monitoring hydrogen chloride emissions discharged to the atmosphere, as
specified in Sec. 60.2145(j), and record the output of the system. You
may substitute use of a HCl CEMS for conducting the HCl initial and
annual testing with EPA Method 321 at 40 CFR part 63, appendix A. 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 initial and annual
performance test. For units equipped with a hydrogen chloride CEMS, you
are not required to monitor the minimum hydrogen chloride sorbent flow
rate, the minimum scrubber liquor pH, or the monitoring minimum
injection rate.
(h) To demonstrate compliance with the particulate matter emissions
limit, a facility may substitute use of a particulate matter CEMS for
conducting the PM initial and annual performance test. For units
equipped with a particulate matter CEMS, you are not required to use
other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP
secondary power, PM scrubber pressure).
(i) To demonstrate initial and continuous compliance with the
dioxin/furan emissions limit, a facility may substitute use of a
continuous automated sampling system for the dioxin/furan initial and
annual performance tests. 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 initial and continuous compliance with the
mercury emissions limit, a facility may substitute use of a mercury
CEMS or an integrated sorbent trap monitoring system for the mercury
initial and annual performance test. The owner or operator who elects
to continuously measure 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 the mercury CEMS or integrated sorbent trap monitoring system
and must comply with performance specification 12A or performance
specification 12B, respectively, and quality assurance procedure 5. For
the purposes of emissions calculations when using an integrated sorbent
trap monitoring system, the mercury concentration determined for each
sampling period must be assigned to each hour during the sampling
period. Waste-burning kilns must install, calibrate, maintain, and
operate a mercury CEMS or an integrated sorbent trap monitoring system
as specified in Sec. 60.2145(j). For units equipped with a mercury
CEMS or an integrated sorbent trap monitoring system, you are not
required to monitor the minimum sorbent flow rate, if activated carbon
sorbent injection is used solely for compliance with the mercury
emission limit.
(k) To demonstrate initial and continuous compliance with the
nitrogen oxides emissions limit, a facility may substitute use of a
CEMS for the nitrogen oxides initial and annual performance test to
demonstrate compliance with the nitrogen oxides emissions limits. For
units equipped with a nitrogen oxides CEMS, you are not required to
monitor the charge rate, secondary chamber temperature, and reagent
flow for selective noncatalytic reduction, if applicable:
[[Page 15868]]
(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) Compliance with the emission limit for nitrogen oxides must be
determined based on the 30-day rolling average of the hourly emission
concentrations using CEMS outlet data, as outlined in Sec. 60.2145(u).
(l) To demonstrate initial and continuous compliance with the
sulfur dioxide emissions limit, a facility may substitute use of a CEMS
for the sulfur dioxide initial and 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) Compliance with the sulfur dioxide emission limit shall be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using CEMS outlet data, as outlined in
Sec. 60.2145(u).
(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, an
electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS 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 monitoring with a particulate matter CPMS according to
paragraph (r) of this section, must install, calibrate, maintain, and
operate a PM CEMS and must comply with the requirements specified in
paragraphs (n)(1) through (10) of this section:
(1) The PM CEMS 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. Use Method 5 or Method 5I
of appendix A of this part for the PM CEMS correlation testing;
(2) 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;
(3) 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);
(4) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions. If PM CEMS
are elected for demonstrating compliance, and the initial performance
test has not yet been conducted, then initial 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;
(5) Continuous 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;
(6) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified in Sec. 60.2170(e);
(7) The 1-hour arithmetic averages required under paragraph (n)(5)
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);
(8) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum CEMS data requirements of
paragraph (n)(6) of this section are not met.
(9) The CEMS must be operated according to performance
specification 11 in appendix B of this part; and,
(10) Quarterly and yearly accuracy audits and daily drift, system
optics, and sample volume checks must be performed in accordance with
procedure 2 in appendix F of this part.
(o) To demonstrate initial and continuous compliance with the
carbon monoxide emissions limit, you may substitute use of a CEMS for
the carbon monoxide initial and 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
4A or 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
[[Page 15869]]
installation, evaluation, and operation of the CEMS; and
(2) Compliance with the carbon monoxide emission limit shall 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, as
outlined in Sec. 60.2145(u).
(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/hr 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/hr 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 paragraphs
(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-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
[[Page 15870]]
limits established during the hydrogen chloride performance test.
(t) If you are required to monitor clinker production because you
comply with the production-rate based mercury limit for your waste-
burning kiln, you must:
(1) Determine hourly clinker production by one of two methods:
(i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of clinker produced. The system of measuring hourly
clinker production must be maintained within 5 percent
accuracy, or
(ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate your hourly
clinker production rate using a kiln-specific feed to clinker ratio
based on reconciled clinker production determined for accounting
purposes and recorded feed rates. Update this ratio monthly. Note that
if this ratio changes at clinker reconciliation, you must use the new
ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
(2) Determine the accuracy of the system of measuring hourly
clinker production (or feed mass flow if applicable) before the
effective date and during each quarter of source operation.
(3) Conduct accuracy checks in accordance with the procedures
outlined in your site-specific monitoring plan under Sec. 60.2145(l).
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 (7)
of this section:
(1) The CISWI 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 CISWIs 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);
(7) If you monitor clinker production in accordance with Sec.
60.2165(t):
(i) Hourly clinker rate produced if clinker production is measured
directly;
(ii) Hourly measured kiln feed rates and calculated clinker
production rates if clinker production is not measured directly;
(iii) 30-day rolling averages for mercury in pounds per million
tons of clinker produced;
(iv) The initial and quarterly accuracy of the system of measruing
hourly clinker production (or feed mass flow).
(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 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 15871]]
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 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. If you monitor emissions with a CEMS,
you must indicate which data are CEMS data during startup and shutdown:
(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;
(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 HCl CEMS outputs;
(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 15872]]
Sec. 60.2210 What information must I include in my annual report?
The annual report required under Sec. 60.2205 must include the
items listed in paragraphs (a) through (o) 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 (30-day average for energy recovery units), 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 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 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 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 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 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;
(9) A brief description of the CISWI;
(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 (30-day average for energy recovery units or for PM CPMS)
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, if a performance test was
conducted that deviated from any emission limitation, if a 30-day
average measured using CEMS 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).
[[Page 15873]]
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 emission limitations or operating
limits specified in this subpart, include the six 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;
(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.
(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, 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
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 or
in paper format, postmarked on or before the submittal due dates.
Beginning on April 16, 2021 or once the reporting form has been
available in CEDRI for 1 year, whichever is later, you must submit
subsequent reports on or before the submittal dates to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI),which 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 website
(https://www3.epa.gov/ttn/chief/cedri/index.html). The date forms
become available in CEDRI will be listed on the CEDRI website. 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 website
(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 website. 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 website, 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 website 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 website at the
time of the
[[Page 15874]]
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 website. 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 website, 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 website 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.
(c) If you are required to electronically submit a report through
the Compliance and Emissions Data Reporting Interface (CEDRI) in the
EPA's Central Data Exchange (CDX), and due to a planned or actual
outage of either the EPA's CEDRI or CDX systems within the period of
time beginning 5 business days prior to the date that the submission is
due, you will be or are precluded from accessing CEDRI or CDX and
submitting a required report within the time prescribed, you may assert
a claim of EPA system outage for failure to timely comply with the
reporting requirement. You must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description identifying the date, time and
length of the outage; a rationale for attributing the delay in
reporting beyond the regulatory deadline to the EPA system outage;
describe the measures taken or to be taken to minimize the delay in
reporting; and identify a date by which you propose to report, or if
you have already met the reporting requirement at the time of the
notification, the date you reported. In any circumstance, the report
must be submitted electronically as soon as possible after the outage
is resolved. The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
(d) If you are required to electronically submit a report through
CEDRI in the EPA's CDX and a force majeure event is about to occur,
occurs, or has occurred or there are lingering effects from such an
event within the period of time beginning 5 business days prior to the
date the submission is due, the owner or operator may assert a claim of
force majeure for failure to timely comply with the reporting
requirement. For the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by circumstances
beyond the control of the affected facility, its contractors, or any
entity controlled by the affected facility that prevents you from
complying with the requirement to submit a report electronically within
the time period prescribed. Examples of such events are acts of nature
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure or safety hazard beyond the control of the
affected facility (e.g., large scale power outage). If you intend to
assert a claim of force majeure, you must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description of the force majeure event and a
rationale for attributing the delay in reporting beyond the regulatory
deadline to the force majeure event; describe the measures taken or to
be taken to minimize the delay in reporting; and identify a date by
which you propose to report, or if you have already met the reporting
requirement at the time of the notification, the date you reported. In
any circumstance, the reporting must occur as soon as possible after
the force majeure event occurs. The decision to accept the claim of
force majeure and allow an extension to the reporting deadline is
solely within the discretion of the Administrator.
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 and ACI 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 (ACIs)
Sec. 60.2245 What is an air curtain incinerator?
(a) An ACI 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 ACI 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.
[[Page 15875]]
(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 ACI, submit the three
items described in paragraphs (a)(1) through (3) of this section:
(1) Notification of your intent to construct the ACI;
(2) Your planned initial startup date; and
(3) Types of materials you plan to burn in your ACI.
(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 (ACI) 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 a CISWI 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 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
[[Page 15876]]
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 unit (CISWI)
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. While not all CISWIs will include all of the following
components, a CISWI 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 does not include
air pollution control equipment or the stack. The CISWI 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 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 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
[[Page 15877]]
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 means a CISWI 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 (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI;
and
(2) Any physical change in the CISWI 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 midnight and the
following midnight during which any amount of solid waste is combusted
at any time in the CISWI.
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
CISWIs 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 which may increase the emission rate of any air pollutant to
which a standard applies;
(2) An operational change to the CISWI 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 (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 (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
[[Page 15878]]
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 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 (not including land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI.
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 incineratorsprovided that such incinerators only
burn wood wastes, yard wastes, and clean lumber and that such ACIs
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 [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.
[[Page 15879]]
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\ \2\ method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium............................ 0.004 milligrams per 3-run average (1 hour Performance test
dry standard cubic minimum sample time per (Method 29 of
meter. run). appendix A of this
part).
Carbon monoxide.................... 157 parts per million 3-run average (1 hour Performance test
by dry volume. minimum sample time per (Method 10 at 40 CFR
run). part 60, appendix A-
4).
Dioxin/Furan (toxic equivalency 0.41 nanograms per dry 3-run average (collect a Performance test
basis). standard cubic meter. minimum volume of 4 dry (Method 23 of
standard cubic meters per appendix A-7 of this
run). part).
Hydrogen chloride.................. 62 parts per million 3-run average (For Method Performance test
by dry volume. 26, collect a minimum (Method 26 or 26A at
volume of 120 liters per 40 CFR part 60,
run. For Method 26A, appendix A-8).
collect a minimum volume
of 1 dry standard cubic
meter per run).
Lead............................... 0.04 milligrams per 3-run average (1 hour Performance test
dry standard cubic minimum sample time per (Method 29 of
meter. run). appendix A of this
part).
Mercury............................ 0.47 milligrams per 3-run average (1 hour Performance test
dry standard cubic minimum sample time per (Method 29 of
meter. run). appendix A of this
part).
Nitrogen oxides.................... 388 parts per million 3-run average (for Method Performance test
by dry volume. 7E, 1 hour minimum sample (Method 7 or 7E at 40
time per run). CFR part 60, appendix
A-4).
Opacity............................ 10 percent............ 6-minute averages.......... Performance test
(Method 9 of appendix
A of this part).
Particulate matter................. 70 milligrams per dry 3-run average (1 hour Performance test
standard cubic meter. minimum sample time per (Method 5 or 29 of
run). appendix A of this
part).
Sulfur dioxide..................... 20 parts per million 3-run average (For Method Performance test
by dry volume. 6, collect a minimum (Method 6 or 6C at 40
volume of 20 liters per CFR part 60, appendix
run. For Method 6C, A-4).
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.
\2\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2145 and 60.2165. As prescribed in Sec. 60.2145(u), if you use a CEMS or an integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers
--------------------------------------------------------------------------------------------------------------------------------------------------------
And monitoring 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.
Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/furan congener equivalency
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
------------------------------------------------------------------------
[[Page 15880]]
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 Sec. 60.2190.
construction. intent to construct.
Anticipated
date of commencement
of construction.
Documentation
for siting
requirements.
Waste
management plan.
Anticipated
date of initial
startup.
Startup notification............ Prior to initial startup Type of waste Sec. 60.2195.
to be burned.
Maximum design
waste burning capacity.
Anticipated
maximum charge rate.
If applicable,
the petition for site-
specific operating
limits.
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 and
following the address. 60.2210.
submission of the Statement and
initial test report. signature by
Subsequent reports are responsible official.
to be submitted no more Date of report
than 12 months Values for the
following the previous operating limits.
report.
Highest
recorded 3-hour
average and the lowest
3-hour average, as
applicable, (or 30-day
average, if
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
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.
Any
malfunction,
deviation, or
continuous monitoring
system out of control
periods information as
specified in Sec.
60.2210(k) through (o).
Emission limitation or operating By August 1 of that year Dates and Sec. 60.2215 and 60.2220.
limit deviation report. for data collected times of deviation.
during the first half Averaged and
of the calendar year. recorded data for
By February 1 of the those dates.
following year for data Duration and
collected during the causes of each
second half of the deviation and the
calendar year. corrective actions
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 test was
conducted.
Dates, times
and causes for monitor
downtime incidents.
[[Page 15881]]
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 Every 4 weeks following Description of Sec. 60.2225(a)(2).
status 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. that you are resuming
operation. operation.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete 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
----------------------------------------------------------------------------------------------------------------
You must meet this And determining
For the air pollutant emission limitation Using this averaging time compliance using this
\1\ \2\ method \2\
----------------------------------------------------------------------------------------------------------------
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. 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. 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. detection limit data 60, appendix A-8) or
quality objective of 0.03 ASTM D6784-02
ug/dry standard cubic (Reapproved 2008).\3\
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 (filterable)... 18 milligrams per dry 3-run average (collect a Performance test (Method
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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2145 and 60.2165. As prescribed in Sec. 60.2145(u), if you use a CEMS or an integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Incorporated by reference, see Sec. 60.17.
[[Page 15882]]
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 And determining
For the air pollutant -------------------------------------- averaging time compliance using this
Liquid/gas Solids \2\ method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium........................ 0.023 milligrams Biomass-0.0014 3-run average Performance test
per dry standard milligrams per (collect a (Method 29 at 40 CFR
cubic meter. dry standard minimum volume part 60, appendix A-
cubic meter. of 4 dry 8). Use ICPMS for the
Coal-0.0017 standard cubic analytical finish.
milligrams per meters per run).
dry standard
cubic meter.
Carbon monoxide................ 35 parts per Biomass-240 parts 3-run average (1 Performance test
million dry per million dry hour minimum (Method 10 at 40 CFR
volume. volume. sample time per part 60, appendix A-
Coal-95 parts per run). 4).
million dry
volume.
Dioxin/furans (Total Mass No Total Mass Biomass-0.52 3-run average Performance test
Basis). Basis limit, nanograms per (collect a (Method 23 at 40 CFR
must meet the dry standard minimum volume part 60, appendix A-
toxic cubic meter. of 4 dry 7).
equivalency Coal-5.1 standard cubic
basis limit nanograms per meters).
below. dry standard
cubic meter.
Dioxins/furans (toxic 0.093 nanograms Biomass-0.076 3-run average Performance test
equivalency basis). per dry standard nanograms per (collect a (Method 23 of
cubic meter. dry standard minimum volume appendix A-7 of this
cubic meter \3\. of 4 dry part).
Coal-0.075 standard cubic
nanograms per meters per run).
dry standard
cubic meter.
Fugitive ash................... Visible emissions Three 1-hour Visible emission Fugitive ash.
for no more than observation test (Method 22
5 percent of the periods. at 40 CFR part
hourly 60, appendix A-
observation 7).
period.
Hydrogen chloride.............. 14 parts per Biomass-0.20 3-run average Performance test
million dry parts per (For Method 26, (Method 26 or 26A at
volume. million dry collect a 40 CFR part 60,
volume. minimum volume appendix A-8).
Coal-58 parts per of 360 liters
million dry per run. For
volume. Method 26A,
collect a
minimum volume
of 3 dry
standard cubic
meters per run).
Lead........................... 0.096 milligrams Biomass-0.014 3-run average Performance test
per dry standard milligrams per (collect a (Method 29 at 40 CFR
cubic meter. dry standard minimum volume part 60, appendix A-
cubic meter. of 4 dry 8). Use ICPMS for the
Coal-0.057 standard cubic analytical finish.
milligrams per meters per run).
dry standard
cubic meter.
Mercury........................ 0.00056 Biomass-0.0022 3-run average Performance test
milligrams per milligrams per (collect enough (Method 29 or 30B at
dry standard dry standard volume to meet 40 CFR part 60,
cubic meter. cubic meter. an in-stack appendix A-8) or ASTM
Coal-0.013 detection limit D6784-02 (Reapproved
milligrams per data quality 2008).\3\
dry standard objective of
cubic meter. 0.03 ug/dscm).
Nitrogen oxides................ 76 parts per Biomass-290 parts 3-run average Performance test
million dry per million dry (for Method 7E, (Method 7 or 7E at 40
volume. volume. 1 hour minimum CFR part 60, appendix
Coal-460 parts sample time per A-4).
per million dry run).
volume.
Particulate matter (filterable) 110 milligrams Biomass-5.1 3-run average Performance test
per dry standard milligrams per (collect a (Method 5 or 29 at 40
cubic meter. dry standard minimum volume CFR part 60, appendix
cubic meter. of 1 dry A-3 or appendix A-8)
Coal-130 standard cubic if the unit has an
milligrams per meter per run). annual average heat
dry standard input rate less than
cubic meter. 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 Performance test
million dry per million dry (for Method 6, (Method 6 or 6C at 40
volume. volume. collect a CFR part 60, appendix
Coal-850 parts minimum of 60 A-4).
per million dry liters, for
volume. Method 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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2145 and 60.2165. As prescribed in Sec. 60.2145(u), if you use a CEMS or an integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Incorporated by reference, see Sec. 60.17.
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\ \2\ method \2\ \3\
----------------------------------------------------------------------------------------------------------------
Cadmium............................ 0.0014 milligrams per 3-run average (collect a Performance test
dry standard cubic minimum volume of 4 dry (Method 29 at 40 CFR
meter. standard cubic meters per part 60, appendix A-
run). 8). Use ICPMS for the
analytical finish.
Carbon monoxide.................... 90 (long kilns)/190 3-run average (1 hour Performance test
(preheater/ minimum sample time per (Method 10 at 40 CFR
precalciner) parts run). part 60, appendix A-
per million dry 4).
volume.
Dioxins/furans (total mass basis).. 0.51 nanograms per dry 3-run average (collect a Performance test
standard cubic meter. minimum volume of 4 dry (Method 23 at 40 CFR
standard cubic meters per part 60, appendix A-
run). 7).
Dioxins/furans (toxic equivalency 0.075 nanograms per 3-run average (collect a Performance test
basis). dry standard cubic minimum volume of 4 dry (Method 23 at 40 CFR
meter. standard cubic meters). part 60, appendix A-
7).
[[Page 15883]]
Hydrogen chloride.................. 3.0 parts per million 3-run average (1 hour If a wet scrubber or
dry volume. minimum sample time per dry scrubber is used,
run) or 30-day rolling performance test
average if HCl CEMS is (Method 321 at 40 CFR
being used. part 63, appendix A).
If a wet scrubber or
dry scrubber is not
used, HCl CEMS as
specified in Sec.
60.2145(j).
Lead............................... 0.014 milligrams per 3-run average (collect a Performance test
dry standard cubic minimum volume of 4 dry (Method 29 at 40 CFR
meter. standard cubic meters). part 60, appendix A-
8). Use ICPMS for the
analytical finish.
Mercury............................ 0.0037 milligrams per 30-day rolling average..... Mercury CEMS or
dry standard cubic integrated sorbent
meter. trap monitoring
Or.................... system (performance
21 pounds/million tons specification 12A or
of clinker \3\. 12B, respectively, of
appendix B and
procedure 5 of
appendix F of this
part), as specified
in Sec. 60.2145(j).
Nitrogen oxides.................... 200 parts per million 30-day rolling average..... Nitrogen oxides CEMS
dry volume. (performance
specification 2 of
appendix B and
procedure 1 of
appendix F of this
part).
Particulate matter (filterable).... 4.9 milligrams per dry 30-day rolling average..... PM CPMS (as specified
standard cubic meter. in Sec.
60.2145(x)).
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 and integrated sorbent trap
monitoring system 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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2145 and 60.2165. As prescribed in Sec. 60.2145(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
rolling average of 1-hour arithmetic average emission concentrations.
\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, integrated sorbent trap monitoring system, 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\ \2\ method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium............................ 0.67 milligrams per 3-run average (collect a Performance test
dry standard cubic minimum volume of 1 dry (Method 29 at 40 CFR
meter. standard cubic meters per part 60, appendix A-
run). 8).
Carbon monoxide.................... 13 parts per million 3-run average (1 hour Performance test
dry volume. minimum sample time per (Method 10 at 40 CFR
run). part 60, appendix A-
4).
Dioxins/furans (total mass basis).. 1,800 nanograms per 3-run average (collect a Performance test
dry standard cubic minimum volume of 1 dry (Method 23 at 40 CFR
meter. standard cubic meters per part 60, appendix A-
run). 7).
Dioxins/furans (toxic equivalency 31 nanograms per dry 3-run average (collect a Performance test
basis). standard cubic meter. minimum volume of 1 dry (Method 23 at 40 CFR
standard cubic meters). part 60, 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 hourly part 60, appendix A-
observation period. 7).
Hydrogen chloride.................. 200 parts per million 3-run average (For Method Performance test
by dry volume. 26, collect a minimum (Method 26 or 26A at
volume of 60 liters per 40 CFR part 60,
run. For Method 26A, appendix A-8).
collect a minimum volume
of 1 dry standard cubic
meter per run).
Lead............................... 2.0 milligrams per dry 3-run average (collect a Performance test
standard cubic meter. minimum volume of 1 dry (Method 29 at 40 CFR
standard cubic meters). part 60, appendix A-
8). Use ICPMS for the
analytical finish.
Mercury............................ 0.0035 milligrams per 3-run average (For Method Performance test
dry standard cubic 29 and ASTM D6784-02 (Method 29 or 30B at
meter. (Reapproved 2008) \2\, 40 CFR part 60,
collect a minimum volume appendix A-8) or ASTM
of 2 dry standard cubic D6784-02 (Reapproved
meters per run. For Method 2008).\3\
30B, collect a minimum
volume as specified in
Method 30B at 40 CFR part
60, appendix A).
Nitrogen oxides.................... 170 parts per million 3-run average (for Method Performance test
dry volume. 7E, 1 hour minimum sample (Method 7 or 7E at 40
time per run). CFR part 60, appendix
A-4).
Particulate matter (filterable).... 270 milligrams per dry 3-run average (collect a Performance test
standard cubic meter. minimum volume of 1 dry (Method 5 or 29 at 40
standard cubic meters). CFR part 60, appendix
A-3 or appendix A-8).
Sulfur dioxide..................... 1.2 parts per million 3-run average (1 hour Performance test
dry volume. minimum sample time per (Method 6 or 6c at 40
run). CFR part 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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2145 and 60.2165. As prescribed in Sec. 60.2145(u), if you use a CEMS or an integrated
sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-
day rolling average of 1-hour arithmetic average emission concentrations.
\3\ Incorporated by reference, see Sec. 60.17.
[[Page 15884]]
0
3. Revise subpart DDDD to read as follows:
Sec.
Subpart DDDD--Emissions Guidelines and Compliance Times for Commercial
and Industrial Solid Waste Incineration Units
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 owners and operators
in my state?
Applicability of State Plans
60.2550 What CISWIs 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 and then restart it?
60.2615 What must I do if I plan to permanently close my CISWI 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?
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 (ACIs)
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]
[[Page 15885]]
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 units (CISWIs) and air curtain incinerators
(ACIs). 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 CISWIs
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 CISWIs 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 CISWIs 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 CISWIs, including those that have ceased
operation but have not been dismantled;
(2) Inventory of emissions from affected CISWIs in your state;
(3) Compliance schedules for each affected CISWI;
(4) Emission limitations, operator training and qualification
requirements, a waste management plan, and operating limits for
affected CISWIs 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 ACI 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 develop a federal
plan according to Sec. 60.27 to implement the emission guidelines
contained in this subpart. Owners and operators of CISWIs 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 CISWIs that commenced construction on or before June 4, 2010 and
incinerator or ACIs 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
CISWIs 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 document in the
Federal Register. If, at a later date, an existing CISWI is found in
your state, the federal plan implementing the emission guidelines
contained in this subpart would automatically apply to that CISWI until
your state plan is approved.
[[Page 15886]]
Sec. 60.2535 What compliance schedule must I include in my state
plan?
(a) For CISWIs in the incinerator subcategory and ACIs that
commenced construction on or before November 30, 1999, your state plan
must include compliance schedules that require CISWIs in the
incinerator subcategory and ACIs 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 CISWIs in the incinerator subcategory and ACIs 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 CISWIs 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 CISWIs 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 CISWIs 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 CISWIs. 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 CISWIs.
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 that will not be delegated to state, local, or
tribal agencies are specified in paragraphs (a) through (i) of this
section:
(a) Approval of alternatives to the emission limitations in tables
2, 6, 7, 8, and 9 of this subpart and operating limits established
under Sec. 60.2675;
(b) Approval of major alternatives to test methods;
(c) Approval of major alternatives to monitoring;
(d) Approval of major alternatives to recordkeeping and reporting;
(e) The requirements in Sec. 60.2680;
(f) The requirements in Sec. 60.2665(b)(2);
(g) Approval of alternative opacity emission limits in Sec.
60.2670 under Sec. 60.11(e)(6) through (8);
(h) Performance test and data reduction waivers under Sec.
60.8(b)(4) and (5); and
(i) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
Sec. 60.2545 Does this subpart directly affect CISWI owners and
operators in my state?
(a) No. This subpart does not directly affect CISWI owners and
operators in your state. However, CISWI 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 CISWIs 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 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 CISWIs 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 CISWIs 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) Commercial and industrial solid waste incineration units and
ACIs in your state that commenced construction on or before June 4,
2010, or commenced modification or
[[Page 15887]]
reconstruction after June 4, 2010 but no later than August 7, 2013;
(2) Incineration units that meet the definition of a CISWI as
defined in Sec. 60.2875 or an ACI 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 or ACI makes changes that
meet the definition of modification or reconstruction after August 7,
2013, the CISWI or ACI 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 or ACI makes physical or
operational changes to an existing CISWI or ACI 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)
through (j) of this section, but some units are required to provide
notifications.
(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) 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).
(c) 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).
(d) Small power production facilities. Units that meet the four
requirements specified in paragraphs (d)(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).
(e) Cogeneration facilities. Units that meet the four requirements
specified in paragraphs (e)(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).
(f) Hazardous waste combustion units. Units for which you are
required to get a permit under section 3005 of the Solid Waste Disposal
Act.
(g) Materials recovery units. Units that combust waste for the
primary purpose of recovering metals, such as primary and secondary
smelters.
(h) Sewage treatment plants. Incineration units regulated under
subpart O of this part (Standards of Performance for Sewage Treatment
Plants).
(i) 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).
(j) 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 of this part) that addresses the
regulatory requirements applicable to CISWIs. 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.
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) of this part.
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.
[[Page 15888]]
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.
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 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 and then restart it?
(a) If you close your CISWI 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 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
and not restart it?
If you plan to close your CISWI 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 can be operated unless a fully trained and qualified
CISWI operator is accessible, either at the facility or can be at the
facility within 1 hour. The trained and qualified CISWI operator may
operate the CISWI directly or be the direct supervisor of one or more
other plant personnel who operate the unit. If all qualified CISWI
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;
[[Page 15889]]
(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 startup; and
(c) Six months after an employee assumes responsibility for
operating the CISWI or assumes responsibility for supervising the
operation of the CISWI.
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 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 startup; and
(iii) Six months after being assigned to operate the CISWI.
(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 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:
(a) When all qualified operators are not accessible for more than 8
hours, but less than 2 weeks, the CISWI may be operated by other plant
personnel familiar with the operation of the CISWI 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. 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 is
disapproved, the CISWI 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:
[[Page 15890]]
(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,
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 hydrogen chloride (HCl) emission limitation.
(b) You must meet the operating limits established on the date that
the performance test report is submitted to the EPA's Central Data
Exchange or postmarked, per the requirements of Sec. 60.2795(b).
(c) If you use a fabric filter to comply with the emission
limitations and you do not use a particulate matter (PM) continuous
parameter monitoring system (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), 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, 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):
[[Page 15891]]
(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] TR16AP19.013
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] TR16AP19.014
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:
[GRAPHIC] [TIFF OMITTED] TR16AP19.015
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,
[[Page 15892]]
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] TR16AP19.016
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 (except when using Method 9 and Method 22).
(f) All pollutant concentrations, except for opacity, must be
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP19.017
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);
[[Page 15893]]
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?
(a) 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.
(b) As an alternative to conducting a performance test, as required
under Sec. Sec. 60.2690 and 60.2670, you may use a 30-day rolling
average of the 1-hour arithmetic average CEMS data, including CEMS data
during startup and shutdown as defined in this subpart, to determine
compliance with the emission limitations in Table 1 of this subpart or
Tables 5 through 8 of this subpart. You must conduct a performance
evaluation of each continuous monitoring system within 180 days of
installation of the monitoring system. The initial performance
evaluation must be conducted prior to collecting CEMS data that will be
used for the initial compliance demonstration.
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 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) General compliance with standards, considering some units may
be able to switch between solid waste and non-waste fuel combustion, is
specified in paragraph (a)(1) through (6) of this section.
(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, 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
[[Page 15894]]
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 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, 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 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 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. 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 CPMS 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, as described in
Sec. 60.2730(o).
(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 CPMS 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/hr but less than 250 MMBtu/hr that do
not use a wet scrubber, fabric filter with bag leak detection system,
an electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS, you must install, operate, certify and maintain a
continuous opacity monitoring system (COMS) according to the procedures
in Sec. 60.2730(m).
(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 or dry scrubber is used)
listed in table 8 of this subpart, unless you choose to demonstrate
initial and continuous compliance using CEMS, as allowed in
[[Page 15895]]
paragraph (u) of this section. If you do not use an acid gas wet
scrubber or dry scrubber, you must determine compliance with the
hydrogen chloride emissions limit using a HCl CEMS according to the
requirements in paragraph (j)(1) of this section. You must determine
compliance with the mercury emissions limit using a mercury CEMS or an
integrated sorbent trap monitoring system 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] TR16AP19.018
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 or integrated sorbent trap monitoring system
according to the following requirements:
[[Page 15896]]
(i) You must operate a mercury CEMS in accordance with performance
specification 12A at 40 CFR part 60, appendix B or an integrated
sorbent trap monitoring system in accordance with performance
specification 12B at 40 CFR part 60, appendix B; these monitoring
systems must be quality assured according to procedure 5 of 40 CFR 60,
appendix F. For the purposes of emissions calculations when using an
integrated sorbent trap monitoring system, the mercury concentration
determined for each sampling period must be assigned to each hour
during the sampling period. If you choose to comply with the
production-rate based mercury limit for your waste-burning kiln, you
must also monitor hourly clinker production and determine the hourly
mercury emissions rate in pounds per million ton of clinker produced.
You must demonstrate compliance with the mercury emissions limit using
a 30-day rolling average of these 1-hour mercury concentrations or mass
emissions rates, 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 or integrated sorbent
trap monitoring system to determine mass emission rate 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 specification 6
at 40 CFR part 60, appendix B and conducting an annual relative
accuracy test of the continuous emission rate monitoring system
according to section 8.2 of performance specification 6; and
(iii) The owner or operator of a waste-burning kiln must
demonstrate initial compliance by operating a mercury CEMS or
integrated sorbent trap monitoring system 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) introductory text,
(c)(1) and (4), and (d) through (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.
[[Page 15897]]
(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 initial and
continuous 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(l) to measure sulfur
dioxide. The sulfur dioxide CEMS 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 initial and
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. The nitrogen oxides CEMS 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.
(u) For facilities using a CEMS or an integrated sorbent trap
monitoring system for mercury to demonstrate initial and 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 or an integrated
[[Page 15898]]
sorbent trap monitoring system 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 appendix A-7 of this part. The 1-
hour arithmetic averages for CEMS must be calculated using the data
points required under Sec. 60.13(e)(2). Except for CEMS or an
integrated sorbent trap monitoring system data during startup and
shutdown, the 1-hour arithmetic averages used to calculate the 30-day
rolling average emission concentrations must be corrected to 7 percent
oxygen (dry basis). Integrated sorbent trap monitoring system or 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 and integrated sorbent trap monitoring systems
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 PM, HCl, lead, cadmium, mercury, nitrogen oxides, sulfur
dioxide, and dioxin/furans.
(w) For energy recovery units with a design heat input capacity of
100 MMBtu/hr 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/hr 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.
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.
[[Page 15899]]
(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] TR16AP19.019
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
calendar 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, as specified in Sec.
60.2725. New operating limits become effective on the date that the
performance test report is submitted to the EPA's Central Data Exchange
or postmarked, per the requirements of Sec. 60.2795(b). 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) You can conduct performance tests less often if you meet the
following conditions: Your performance tests for the pollutant for at
least 2 consecutive performance tests demonstrates that the emission
level for the pollutant is no greater than the emission level specified
in paragraph (a)(3)(i) or (ii) of this section, as applicable; there
are no changes in the operation of the affected source or air pollution
control equipment that could increase emissions; 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. In this case, you
do not have to conduct a performance test for that pollutant for the
next 2 years. You must conduct a performance test for the pollutant no
more than 37 months following the previous performance test for the
pollutant. If the emission level for your CISWI continues to meet the
emission level specified in paragraph (a)(3)(i) or (ii) of this
section, as applicable, you may choose to conduct performance tests for
the pollutant every third year, as long as there are no changes in the
operation of the affected source or air pollution control equipment
that could increase emissions. Each such performance test must be
conducted no more than 37 months after the previous performance test.
(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; 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 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 or PM CEMS for monitoring PM
compliance,
[[Page 15900]]
you must install, calibrate, maintain, and continuously operate a bag
leak detection system as specified in paragraphs (b)(1) through (8) of
this section:
(1) You must install and operate a bag leak detection system for
each exhaust stack of the fabric filter;
(2) Each bag leak detection system must be installed, operated,
calibrated, and maintained in a manner consistent with the
manufacturer's written specifications and recommendations;
(3) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter or less;
(4) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings;
(5) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor;
(6) The bag leak detection system must be equipped with an alarm
system that will 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) 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, you must install, calibrate, maintain, and operate a CEMS for
monitoring hydrogen chloride emissions discharged to the atmosphere, as
specified in Sec. 60.2710(j), and record the output of the system. You
may substitute use of a HCl CEMS for conducting the HCl initial and
annual testing with EPA Method 321 at 40 CFR part 63, appendix A. 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 initial and annual
performance test. For units equipped with a hydrogen chloride CEMS, you
are not required to monitor 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
particulate matter annual performance test. For units equipped with a
particulate matter CEMS, you are not required to use other CMS
monitoring for PM compliance (e.g., bag leak detectors, ESP secondary
power, PM scrubber pressure). A facility may also substitute use of a
particulate matter CEMS for conducting the PM initial performance test.
(i) To demonstrate initial and continuous compliance with the
dioxin/furan emissions limit, a facility may substitute use of a
continuous automated sampling system for the dioxin/furan initial and
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 initial and continuous compliance with the
mercury emissions limit, a facility may substitute use of a mercury
CEMS or and integrated sorbent trap monitoring system for the mercury
initial and annual performance test. The owner or operator who elects
to continuously measure 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 the mercury
CEMS or integrated sorbent trap monitoringsystem and must comply with
performance specification 12A or performance specification 12B,
respectively, and quality assurance procedure 5. For the purposes of
emissions calculations when using an integrated sorbent trap monitoring
system, the mercury concentration determined for each sampling period
must be assigned to each hour during the sampling period. For units
equipped with a mercury CEMS or an integrated sorbent trap monitoring
system, you are not required to monitor 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 or an integrated
sorbent trap monitoring system as specified in Sec. 60.2710(j).
(k) To demonstrate initial and continuous compliance with the
nitrogen oxides emissions limit, a
[[Page 15901]]
facility may substitute use of a CEMS for the nitrogen oxides initial
and annual performance test to demonstrate compliance with the nitrogen
oxides emissions limits. For units equipped with a nitrogen xides CEMS,
you are not required to monitor 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) Compliance with the emission limit for nitrogen oxides must be
determined based on the 30-day rolling average of the hourly emission
concentrations using CEMS outlet data, as outlined in Sec. 60.2710(u).
(l) To demonstrate initial and continuous compliance with the
sulfur dioxide emissions limit, a facility may substitute use of a CEMS
for the sulfur dioxide initial and 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) Compliance with the sulfur dioxide emission limit shall be
determined based on the 30-day rolling average of the hourly arithmetic
average emission concentrations using CEMS outlet data, as outlined in
Sec. 60.2710(u).
(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, an
electrostatic precipitator, particulate matter CEMS, or particulate
matter CPMS, 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 monitoring with a particulate matter CPMS according to
paragraph (r) of this section, must install, calibrate, maintain and
operate a PM CEMS and must comply with the requirements specified in
paragraphs (n)(1) through (10) of this section:
(1) The PM CEMS 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;
(2) 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;
(3) 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);
(4) The owner or operator of an affected facility must conduct an
initial performance test for particulate matter emissions. If PM CEMS
are elected for demonstrating compliance, and the initial performance
test has not yet been conducted, then initial 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;
(5) Continuous 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.
(6) At a minimum, valid continuous monitoring system hourly
averages must be obtained as specified Sec. 60.2735;
(7) The 1-hour arithmetic averages required under paragraph (n)(5)
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);
(8) All valid CEMS data must be used in calculating average
emission concentrations even if the minimum CEMS data requirements of
paragraph (n)(6) of this section are not met;
(9) The CEMS must be operated according to performance
specification 11 in appendix B of this part; and,
(10) Quarterly and yearly accuracy audits and daily drift, system
optics, and sample volume checks must be performed in accordance with
procedure 2 in appendix F of this part.
(o) To demonstrate initial and continuous compliance with the
carbon monoxide emissions limit, a facility
[[Page 15902]]
may substitute use of a CEMS for the carbon monoxide initial and 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
4A or 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) Compliance with the carbon monoxide emission limit shall 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, as
outlined in Sec. 60.2710(u).
(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/hr 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/hr 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 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
[[Page 15903]]
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.
(t) If you are required to monitor clinker production because you
comply with the production-rate based mercury limit for your waste-
burning kiln, you must:
(1) Determine hourly clinker production by one of two methods:
(i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of clinker produced. The system of measuring hourly
clinker production must be maintained within 5 percent
accuracy, or
(ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate your hourly
clinker production rate using a kiln-specific feed to clinker ratio
based on reconciled clinker production determined for accounting
purposes and recorded feed rates. Update this ratio monthly. Note that
if this ratio changes at clinker reconciliation, you must use the new
ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
(2) Determine the accuracy of the system of measuring hourly
clinker production (or feed mass flow if applicable) before the final
compliance date of this rule and during each quarter of source
operation.
(3) Conduct accuracy checks in accordance with the procedures
outlined in your site-specific monitoring plan under Sec. 60.2710(l).
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 (7)
of this section:
(1) The CISWI 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 CISWIs 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).
(7) If you monitor clinker production in accordance with Sec.
60.2730(t):
(i) Hourly clinker rate produced if clinker production is measured
directly;
(ii) Hourly measured kiln feed rates and calculated clinker
production rates if clinker production is not measured directly;
(iii) 30-day rolling averages for mercury in pounds per million
tons of clinker produced;
(iv) The initial and quarterly accuracy of the system of measruing
hourly clinker production (or feed mass flow).
(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 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
[[Page 15904]]
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 subject to the emissions
limits in table 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. If you monitor emissions with a CEMS,
you must indicate which data are CEMS data during startup and shutdown:
(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;
(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 HCl CEMS outputs;
(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
items listed in paragraphs (a) through (p) 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
[[Page 15905]]
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 (30-day average for energy recovery units), 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;
(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 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 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 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 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 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;
(9) A brief description of the CISWI;
(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 (30-day average for energy recovery units or for PM CPMS)
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, if a performance test was
conducted that deviated from any emission limitation, if a 30-day
average measured using a CEMS 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.
[[Page 15906]]
(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.
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.
(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, 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
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 or
in paper format, postmarked on or before the submittal due dates.
Beginning on April 16, 2021 or once the reporting form has been
available in CEDRI for 1 year, whichever is later, you must submit
subsequent reports on or before the submittal dates to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI), which 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 website
(https://www3.epa.gov/ttn/chief/cedri/index.html). When the date forms
become available in CEDRI will be listed on the CEDRI website. 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 website
(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 website. 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 website, 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 website 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 (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 website 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 website.
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 website, 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:
[[Page 15907]]
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 website 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.
(c) If you are required to electronically submit a report through
the Compliance and Emissions Data Reporting Interface (CEDRI) in the
EPA's Central Data Exchange (CDX), and due to a planned or actual
outage of either the EPA's CEDRI or CDX systems within the period of
time beginning 5 business days prior to the date that the submission is
due, you will be or are precluded from accessing CEDRI or CDX and
submitting a required report within the time prescribed, you may assert
a claim of EPA system outage for failure to timely comply with the
reporting requirement. You must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description identifying the date, time and
length of the outage; a rationale for attributing the delay in
reporting beyond the regulatory deadline to the EPA system outage;
describe the measures taken or to be taken to minimize the delay in
reporting; and identify a date by which you propose to report, or if
you have already met the reporting requirement at the time of the
notification, the date you reported. In any circumstance, the report
must be submitted electronically as soon as possible after the outage
is resolved. The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
(d) If you are required to electronically submit a report through
CEDRI in the EPA's CDX and a force majeure event is about to occur,
occurs, or has occurred or there are lingering effects from such an
event within the period of time beginning 5 business days prior to the
date the submission is due, the owner or operator may assert a claim of
force majeure for failure to timely comply with the reporting
requirement. For the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by circumstances
beyond the control of the affected facility, its contractors, or any
entity controlled by the affected facility that prevents you from
complying with the requirement to submit a report electronically within
the time period prescribed. Examples of such events are acts of nature
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure or safety hazard beyond the control of the
affected facility (e.g., large scale power outage). If you intend to
assert a claim of force majeure, you must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description of the force majeure event and a
rationale for attributing the delay in reporting beyond the regulatory
deadline to the force majeure event; describe the measures taken or to
be taken to minimize the delay in reporting; and identify a date by
which you propose to report, or if you have already met the reporting
requirement at the time of the notification, the date you reported. In
any circumstance, the reporting must occur as soon as possible after
the force majeure event occurs. The decision to accept the claim of
force majeure and allow an extension to the reporting deadline is
solely within the discretion of the Administrator.
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 and ACI 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 (ACIs)
Sec. 60.2810 What is an air curtain incinerator?
(a) An ACI 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
[[Page 15908]]
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:
(1) The types of materials you plan to combust in your ACI; 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 (ACI) 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 startup from a
cold start until waste is fed into the unit and the hours
[[Page 15909]]
of operation following the cessation of waste material being fed to the
CISWI 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 unit (CISWI)
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. While not all CISWIs will include all of the following
components, a CISWI 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 does not include
air pollution control equipment or the stack. The CISWI 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 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.
[[Page 15910]]
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 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 means a CISWI 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 (not including the cost of land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI;
and
(2) Any physical change in the CISWI 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.
Oxygen analyzer system means all equipment required to determine
the
[[Page 15911]]
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
CISWIs 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 which may increase the emission rate of any air pollutant to
which a standard applies;
(2) An operational change to the CISWI 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 (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 (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 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 (not including land) updated to current costs
(current dollars). To determine what systems are within the boundary of
the CISWI used to calculate these costs, see the definition of CISWI.
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
[[Page 15912]]
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 [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.
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 CISWIs 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 CISWIs 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] \1\
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \2\ time \3\ method \3\
----------------------------------------------------------------------------------------------------------------
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).\4\
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).
Nitrogen oxides...................... 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).
[[Page 15913]]
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\ 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.
\2\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
conditions.
\3\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2710 and 60.2730. As prescribed in Sec. 60.2710(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
rolling average of 1-hour arithmetic average emission concentrations.
\4\ Incorporated by reference, see Sec. 60.17.
Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
You must establish And monitor using these minimum frequencies
For these operating parameters these operating -----------------------------------------------------------
limits Data measurement Data recording Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate..................... Maximum charge Continuous........ Every hour........ 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 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 date Waste management Sec. 60.2755.
specified in table 1 plan.
for submittal of the
final control plan.
Initial Test Report................ No later than 60 days Complete test Sec. 60.2760.
following the initial report for the initial
performance test. performance test.
The values for the
site-specific operating
limits.
Installation of
bag leak detection systems
for fabric filters.
[[Page 15914]]
Annual report...................... No later than 12 Name and address.. Sec. Sec. 60.2765
months following the Statement and and 60.2770.
submission of the signature by responsible
initial test report. official.
Subsequent reports Date of report....
are to be submitted Values for the
no more than 12 operating limits.
months following the Highest recorded 3-
previous report. hour average and the
lowest 3-hour average, as
applicable, (or 30-day
average, if 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 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.
Any malfunction,
deviation, or continuous
monitoring system out of
control periods
information as specified
in Sec. 60.2770(k)
through (o).
Fuel input
information for energy
recovery unit subcategory
verification as specified
in Sec. 60.2770(p).
Emission limitation or operating By August 1 of that Dates and times of Sec. 60.2775 and
limit deviation report. year for data deviation. 60.2780.
collected during the Averaged and
first half of the recorded data for those
calendar year. By dates.
February 1 of the Duration and
following year for causes of each deviation
data collected during and the corrective actions
the second half of taken.
the 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 of cause Sec. 60.2785(a)(1).
Notification. deviation. 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 Description of Sec. 60.2785(a)(2).
Report. following 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 that Sec. 60.2785(b).
Notification of Resumed Operation. 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 \3\ method \3\
----------------------------------------------------------------------------------------------------------------
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).
[[Page 15915]]
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. 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).
Nitrogen oxides...................... 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).
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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2710 and 60.2730. As prescribed in Sec. 60.2710(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
rolling average of 1-hour arithmetic average emission concentrations.
\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\ Using this And determining
For the air pollutant ---------------------------------------- averaging time \3\ compliance using
Liquid/gas Solids this method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium......................... 0.023 milligrams Biomass-0.0014 3-run average Performance test
per dry standard milligrams per (collect a (Method 29 at 40
cubic meter. dry standard minimum volume of CFR part 60,
cubic meter. 2 dry standard appendix A-8).
Coal-0.0017 cubic meters). Use ICPMS for the
milligrams per analytical
dry standard finish.
cubic meter.
Carbon monoxide................. 35 parts per Biomass-260 parts 3-run average (1 Performance test
million dry per million dry hour minimum (Method 10 at 40
volume. volume. sample time per CFR part 60,
Coal-95 parts per run). appendix A-4).
million dry
volume.
Dioxins/furans (total mass 2.9 nanograms per Biomass-0.52 3-run average Performance test
basis). dry standard nanograms per dry (collect a (Method 23 at 40
cubic meter. standard cubic minimum volume of CFR part 60,
meter. 4 dry standard appendix A-7).
Coal-5.1 nanograms cubic meter).
per dry standard
cubic meter.
Dioxins/furans (toxic 0.32 nanograms per Biomass-0.12 3-run average Performance test
equivalency basis). dry standard nanograms per dry (collect a (Method 23 at 40
cubic meter. standard cubic minimum volume of CFR part 60,
meter. 4 dry standard appendix A-7).
Coal-0.075 cubic meters).
nanograms per dry
standard cubic
meter.
[[Page 15916]]
Hydrogen chloride............... 14 parts per Biomass-0.20 parts 3-run average (for Performance test
million dry per million dry Method 26, (Method 26 or 26A
volume. volume. collect a minimum at 40 CFR part
Coal-58 parts per of 120 liters; 60, appendix A-
million dry for Method 26A, 8).
volume. collect a minimum
volume of 1 dry
standard cubic
meter).
Lead............................ 0.096 milligrams Biomass-0.014 3-run average Performance test
per dry standard milligrams per (collect a (Method 29 at 40
cubic meter. dry standard minimum volume of CFR part 60,
cubic meter. 2 dry standard appendix A-8).
Coal-0.057 cubic meters). Use ICPMS for the
milligrams per analytical
dry standard finish.
cubic meter.
Mercury......................... 0.0024 milligrams Biomass-0.0022 3-run average (For Performance test
per dry standard milligrams per Method 29 and (Method 29 or 30B
cubic meter. dry standard ASTM D6784-02 at 40 CFR part
cubic meter. (Reapproved 60, appendix A-8)
Coal-0.013 2008),\4\ collect or ASTM D6784-02
milligrams per a minimum volume (Reapproved
dry standard of 2 dry standard 2008).\4\
cubic meter. cubic meters per
run. For Method
30B, collect a
minimum sample as
specified in
Method 30B at 40
CFR part 60,
appendix A).
Nitrogen oxides................. 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
volume. volume. minimum sample at 40 CFR part
Coal-460 parts per time per run). 60, appendix A-
million dry 4).
volume.
Particulate matter filterable... 110 milligrams per Biomass-11 3-run average Performance test
dry standard milligrams per (collect a (Method 5 or 29
cubic meter. dry standard minimum volume of at 40 CFR part
cubic meter. 1 dry standard 60, appendix A-3
Coal-130 cubic meter). or appendix A-8)
milligrams per if the unit has
dry standard an annual average
cubic meter. 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 Biomass-7.3 parts 3-run average (1 Performance test
million dry per million dry hour minimum (Method 6 or 6c
volume. volume. sample time per at 40 CFR part
Coal-850 parts per run). 60, appendix A-
million dry 4).
volume.
Fugitive ash.................... Visible emissions Visible emissions Three 1-hour Visible emission
for no more than for no more than observation test (Method 22
5 percent of the 5 percent of the periods. at 40 CFR part
hourly hourly 60, appendix A-
observation observation 7).
period. 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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2710 and 60.2730. As prescribed in Sec. 60.2710(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
rolling average of 1-hour arithmetic average emission concentrations.
\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\
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \2\ time \3\ method \3\ \4\
----------------------------------------------------------------------------------------------------------------
Cadmium.............................. 0.0014 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).
[[Page 15917]]
Carbon monoxide...................... 110 (long kilns)/790 3-run average (1 hour Performance test
(preheater/ minimum sample time (Method 10 at 40 CFR
precalciner) parts per per run). part 60, appendix A-
million dry volume. 4).
Dioxins/furans (total mass basis).... 1.3 nanograms per dry 3-run average (collect Performance test
standard cubic meter. a minimum volume of 4 (Method 23 at 40 CFR
dry standard cubic part 60, appendix A-
meters). 7).
Dioxins/furans (toxic equivalency 0.075 nanograms per dry 3-run average (collect Performance test
basis). standard cubic meter. a minimum volume of 4 (Method 23 at 40 CFR
dry standard cubic part 60, appendix A-
meters). 7).
Hydrogen chloride.................... 3.0 parts per million 3-run average (collect If a wet scrubber or
dry volume. a minimum volume of 1 dry scrubber is used,
dry standard cubic performance test
meter), or 30-day (Method 321 at 40 CFR
rolling average if HCl part 63, appendix A of
CEMS is being used. this part). If a wet
scrubber or dry
scrubber is not used,
HCl CEMS as specified
in Sec. 60.2710(j).
Lead................................. 0.014 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).
Mercury.............................. 0.011 milligrams per 30-day rolling average. Mercury CEMS or
dry standard cubic integrated sorbent
meter. trap monitoring system
Or..................... (performance
58 pounds/million tons specification 12A or
of clinker. 12B, respectively, of
appendix B and
procedure 5 of
appendix F of this
part), as specified in
Sec. 60.2710(j).
Nitrogen oxides...................... 630 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........ 13.5 milligrams per dry 30-day rolling average. PM CPMS (as specified
standard cubic meter. in Sec. 60.2710(x)).
Sulfur dioxide....................... 600 parts per million 3-run average (for Performance test
dry volume. Method 6, collect a (Method 6 or 6c at 40
minimum of 20 liters; CFR part 60, appendix
for Method 6C, 1 hour A-4).
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 and integrated sorbent trap
monitoring system 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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2710 and 60.2730. As prescribed in Sec. 60.2710(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
rolling average of 1-hour arithmetic average emission concentrations.
\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 subject to the CEMS, integrated sorbent trap monitoring system, 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\
----------------------------------------------------------------------------------------------------------------
And determining
For the air pollutant You must meet this Using this averaging compliance using this
emission limitation \2\ time \3\ method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium.............................. 0.95 milligrams per dry 3-run average (collect Performance test
standard cubic meter. a minimum volume of 1 (Method 29 at 40 CFR
dry standard cubic part 60, appendix A-
meters per run). 8).
Carbon monoxide...................... 64 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).... 4,400 nanograms per dry 3-run average (collect Performance test
standard cubic meter. a minimum volume of 1 (Method 23 at 40 CFR
dry standard cubic part 60, appendix A-
meters per run). 7).
Dioxins/furans (toxic equivalency 180 nanograms per dry 3-run average (collect Performance test
basis). standard cubic meter. a minimum volume of 1 (Method 23 at 40 CFR
dry standard cubic part 60, appendix A-
meters). 7).
Fugitive ash......................... Visible emissions for Three 1-hour Visible emissions test
no more than 5 percent observation periods. (Method 22 at 40 CFR
of the hourly part 60, appendix A-
observation period. 7).
[[Page 15918]]
Hydrogen chloride.................... 300 parts per million 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................................. 2.1 milligrams per dry 3-run average (collect Performance test
standard cubic meter. a minimum volume of 1 (Method 29 at 40 CFR
dry standard cubic part 60, appendix A-
meters). 8). Use ICPMS for the
analytical finish.
Mercury.............................. 0.0053 milligrams per 3-run average (For Performance test
dry standard cubic Method 29 and ASTM (Method 29 or 30B at
meter. D6784-02 (Reapproved 40 CFR part 60,
2008),\3\ 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).
Nitrogen oxides...................... 190 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)...... 270 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
meters). A-3 or appendix A-8).
Sulfur dioxide....................... 150 parts per million 3-run average (for Performance test
dry volume. Method 6, collect a (Method 6 or 6c at 40
minimum of 20 liters CFR part 60, appendix
per run; for Method A-4).
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\ In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring
system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with
the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in
Sec. Sec. 60.2710 and 60.2730. As prescribed in Sec. 60.2710(u), if you use a CEMS or integrated sorbent
trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day
rolling average of 1-hour arithmetic average emission concentrations.
\4\ Incorporated by reference, see Sec. 60.17.
[FR Doc. 2019-05529 Filed 4-15-19; 8:45 am]
BILLING CODE 6560-50-P