[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Proposed Rules]
[Pages 54178-54232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17730]



[[Page 54177]]

Vol. 85

Monday,

No. 169

August 31, 2020

Part VI





Environmental Protection Agency





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40 CFR Part 60





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

  Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / 
Proposed Rules  

[[Page 54178]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-10013-19-OAR]
RIN 2060-AU60


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with requirements under the Clean Air Act (CAA), 
the U.S. Environmental Protection Agency (EPA) performed a periodic 
review of the emissions standards and other requirements for Other 
Solid Waste Incineration (OSWI) units, covering certain very small 
municipal waste combustion (VSMWC) and institutional waste incineration 
(IWI) units. Although the EPA is not proposing revisions to the OSWI 
New Source Performance Standards (NSPS) and Emission Guidelines (EG) 
specifically based on its statutory periodic review, the EPA is 
otherwise--in accordance with its authority under the CAA--proposing 
changes to the OSWI NSPS and EG.

DATES: Comments. Comments must be received on or before October 15, 
2020. Under the Paperwork Reduction Act (PRA), comments on the 
information collection provisions are best assured of consideration if 
the Office of Management and Budget (OMB) receives a copy of your 
comments on or before September 30, 2020.
    Public hearing. If anyone contacts us requesting a public hearing 
on or before September 8, 2020, the EPA will hold a virtual public 
hearing. Please refer to the SUPPLEMENTARY INFORMATION section for 
additional information on requesting and registering for a public 
hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0156, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2003-0156 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2003-0156.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2003-0156, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., 
Monday--Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room are closed to the public, with limited exceptions, to 
reduce the risk of transmitting coronavirus disease 2019 (COVID-19). 
Our Docket Center staff will continue to provide remote customer 
service via email, phone, and webform. We encourage the public to 
submit comments via https://www.regulations.gov/ or email, as there may 
be a delay in processing mail and faxes. Hand deliveries and couriers 
may be received by scheduled appointment only. For further information 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets. Refer to the SUPPLEMENTARY 
INFORMATION section below for additional information.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Dr. Nabanita Modak Fischer, Sector Policies and 
Programs Division (E143-05), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-5572; fax 
number: (919) 541-0516; and email address: [email protected].

SUPPLEMENTARY INFORMATION:
    Participation in virtual public hearing. Please note that the EPA 
is deviating from its typical approach because the President has 
declared a national emergency. Due to the current Centers for Disease 
Control and Prevention (CDC) recommendations, as well as state and 
local orders for social distancing to limit the spread of COVID-19, the 
EPA cannot hold in-person public meetings at this time.
    If requested, the virtual public hearing will be held on September 
15, 2020. The hearing will convene at 9:00 a.m. Eastern Time (ET) and 
will conclude at 5:00 p.m. ET. The EPA may close a session 15 minutes 
after the last pre-registered speaker has testified if there are no 
additional speakers. The EPA will announce further details on the 
virtual public hearing at https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance.
    The EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the virtual hearing, please use the online registration form 
available at https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance or contact 
Ms. Virginia Hunt at (919) 541-0832 or by email at 
[email protected]. The last day to pre-register to speak at the 
hearing will be September 14, 2020. Prior to the hearing, the EPA will 
post a general agenda that will list pre-registered speakers in 
approximate order at: https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearing to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) by emailing it to Dr. Nabanita 
Modak Fischer and Ms. Virginia Hunt. The EPA also recommends submitting 
the text of your oral testimony as written comments to the rulemaking 
docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance. 
While the EPA expects the hearing to go forward, if requested, as 
described in this preamble, please monitor our website or

[[Page 54179]]

contact Ms. Virginia Hunt at (919) 541-0832 or [email protected] to 
determine if there are any updates. The EPA does not intend to publish 
a document in the Federal Register announcing updates.
    If you require the services of a translator or a special 
accommodation such as audio description, please pre-register for the 
hearing with Ms. Virginia Hunt and describe your needs by September 8, 
2020. The EPA may not be able to arrange accommodations without advance 
notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2003-0156. All documents in the docket are 
listed on the Regulations.gov website. Although listed, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy. Publicly available docket materials are available electronically 
through https://www.regulations.gov/.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0156. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov/, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit electronically any information that you consider 
to be CBI or other information whose disclosure is restricted by 
statute. This type of information should be submitted by mail as 
discussed below.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is temporarily suspending its Docket Center and Reading 
Room for public visitors, with limited exceptions, to reduce the risks 
of transmitting COVID-19. Our Docket Center staff will continue to 
provide remote customer service via email, phone, and webform. We 
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and 
faxes. Hand deliveries or couriers will be received by scheduled 
appointment only. For further information and updates on EPA Docket 
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2003-0156. Note that 
written comments containing CBI and submitted by mail may be delayed 
and no hand deliveries will be accepted.
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
identifies the following terms and acronyms here:

ACI air curtain incinerator
ANSI American National Standards Institute
AOGA Alaska Oil and Gas Association
ASME American Society of Mechanical Engineers
Cd cadmium
CAA Clean Air Act
CBI Confidential Business Information
CDC Centers for Disease Control and Prevention
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CEMS continuous emissions monitoring systems
CFR Code of Federal Regulations
CISWI commercial and industrial solid waste incineration
CO carbon monoxide
COVID-19 coronavirus disease 2019
D.C. Circuit U.S. Court of Appeals for the District of Columbia 
Circuit
DCOT digital camera opacity technique
DF dioxins/furans
ECHO Enforcement and Compliance History Online
EG emission guidelines
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
ET Eastern Time
FVF fuel variability factor
HCl hydrochloric acid
Hg mercury
HMIWI hospital, medical, and infectious waste incineration
ICR Information Collection Request
IWI institutional waste incineration
MACT maximum achievable control technology
MSW municipal solid waste
MWC municipal waste combustor
NEI National Emissions Inventory
ng/dscm nanograms per dry standard cubic meter

[[Page 54180]]

N nitrogen
NOX oxides of nitrogen
NRDC Natural Resources Defense Council
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OSWI other solid waste incineration
Pb lead
PM particulate matter
ppmvd parts per million by dry volume
PRA Paperwork Reduction Action
RFA Regulatory Flexibility Act
SO2 sulfur dioxide
SRI small remote incinerator
SSM startup, shutdown, and malfunction
TEQ toxic equivalency factor
TMB total mass basis
TPD tons per day
[micro]g/dscm micrograms per dry standard cubic meter
UMRA Unfunded Mandates Reform Act
VCS voluntary consensus standards
VSMWC very small municipal waste combustion
XML extensible markup language

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What is the background?
    C. What action is the Agency taking?
    D. What is the Agency's authority for taking this action?
    E. What data collection activities were conducted?
    F. What other relevant background information and data are 
available?
    G. What are the incremental costs and benefits of this action?
II. OSWI Review and Proposed Revisions
    A. CAA Section 129(a)(5) Review
    B. What other actions are we proposing?
    C. What compliance dates are we proposing?
III. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
IV. Request for Comments
V. Statutory and Executive Orders 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

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by the proposed action 
are those that operate OSWI units. The NSPS and EG for OSWI, 
hereinafter referred to as ``the OSWI standards,'' affect the 
categories of sources identifed in Table 1 of this preamble:

 Table 1--Industrial Source Categories Affected by This Proposed Action
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                                                        Examples of
        Source category           NAICS code \1\   potentially regulated
                                                          entities
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Any state, local, or tribal     562213, 92411....  Solid waste
 government using a VSMWC unit.                     combustion units
                                                    burning municipal
                                                    solid waste (MSW).
Any correctional institutions   922 7213.........  Correctional
 using an IWI unit.                                 institutions.
Any nursing or residential      623..............  Any nursing care,
 care facilities using an OSWI                      residential
 unit.                                              intellectual and
                                                    developmental
                                                    disability,
                                                    residential mental
                                                    health and substance
                                                    abuse, or assisted
                                                    living facilities.
Any federal government agency   928, 7121........  Department of Defense
 using an OSWI unit.                                (labs, military
                                                    bases, munition
                                                    facilities) and
                                                    National Parks.
Any educational institution     6111, 6112, 6113.  Primary and secondary
 using an OSWI unit.                                schools,
                                                    universities,
                                                    colleges, and
                                                    community colleges.
Any church or convent using an  8131.............  Churches and
 OSWI unit.                                         convents.
Any civic or religious          8134.............  Civic associations
 organization using an OSWI                         and fraternal
 unit.                                              associations.
Any industrial or commercial    114, 211, 212,     Oil and gas
 facility using a VSMWC unit.    221, 486.          exploration
                                                    operations; mining;
                                                    pipeline operators;
                                                    utility providers;
                                                    fishing operations.
------------------------------------------------------------------------
\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 regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your entity is regulated by this action, you should carefully 
examine the applicability criteria found in 40 CFR 60.2885, 60.2981, 
and 60.2991. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

B. What is the background?

    Section 129 of the CAA requires the EPA to develop and adopt NSPS 
and EG for solid waste incineration units in accordance with CAA 
sections 129 and 111. Section 129(a) of the CAA requires the EPA to 
establish NSPS for new sources, and CAA section 129(b) requires the EPA 
to establish procedures for states to submit plans for implementing EG 
for existing sources (and see CAA sections 111(b) and (d)). The EPA 
proposed NSPS and EG for OSWI units on December 9, 2004, and 
promulgated them on December 16, 2005 (70 FR 74870), at 40 CFR part 60, 
subparts EEEE and FFFF.\1\ Following that final action, the 
Administrator received a petition for reconsideration of the OSWI 
standards, and on June 28, 2006, the EPA announced reconsideration on 
the final OSWI rules (71 FR 36726). After consideration of comments and 
information received through the reconsideration process, we concluded 
that no additional changes were necessary to the final OSWI rules (72 
FR 2620, January 22, 2007).
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    \1\ The regulations were revised on November 24, 2006 (71 FR 
67802) in a direct final rule to address corrections.
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    In addition to the administrative reconsideration requests, some 
entities petitioned for judicial review of the 2005 OSWI standards. The 
judicial

[[Page 54181]]

review proceedings initially were stayed and, ultimately, the EPA 
requested a voluntary remand of the OSWI standards. By Order dated 
April 21, 2016, the U.S. Court of Appeals for the District of Columbia 
Circuit (the D.C. Circuit) granted the EPA's request for a remand. 
Sierra Club v. EPA, No. 06-1066. The remand was requested to allow the 
EPA to consider potential revisions, if any, to the OSWI standards that 
might be appropriate in light of certain legal developments, including 
2007 and 2008 decisions from the D.C. Circuit.
    The OSWI standards establish maximum achievable control technology 
(MACT) emission limits for OSWI units. Under current regulations, the 
term ``OSWI unit'' means either a VSMWC unit or an IWI unit. A VSMWC 
unit is any municipal waste combustion unit that has the capacity to 
combust less than 35 tons per day (TPD) of MSW or refuse-derived fuel. 
An IWI unit is any combustion unit that combusts institutional waste 
and is a distinct operating unit of the institutional facility that 
generated the waste. The OSWI standards set emission standards for nine 
pollutants: Cadmium (Cd), carbon monoxide (CO), dioxins/furans (DF), 
hydrochloric acid (HCl), lead (Pb), mercury (Hg), oxides of nitrogen 
(NOX), particulate matter (PM), and sulfur dioxide 
(SO2) and also establish opacity standards.
    CAA section 129(a)(5) requires the EPA, every 5 years, to review 
and, in accordance with CAA sections 129 and 111, revise standards and 
other requirements for solid waste incineration units (such as the OSWI 
standards). In 2018, the U.S. District Court for the District of 
Columbia found that the EPA had failed to undertake the requisite CAA 
section 129(a)(5) periodic review of the OSWI standards and ordered the 
EPA to do the review; publish a proposed rulemaking by August 31, 2020; 
and promulgate a final rule by May 31, 2021. Sierra Club v. Wheeler, 
330 F.Supp.3d 407.

C. What action is the Agency taking?

    The EPA has conducted the requisite CAA section 129(a)(5) 5-year 
review, and we are giving notice of that review. We are not proposing 
any revisions to the OSWI standards specifically based on that review, 
but we are proposing various changes to the OSWI standards, including 
some changes that were occasioned by the 2016 voluntary remand of the 
OSWI standards (and the legal developments related to that request for 
a remand). In accordance with the EPA's general authority under CAA 
section 129(a) and and as discussed further in sections II.A and II.B 
of this preamble, we are proposing: (1) Certain MACT floor 
redeterminations; (2) changes to applicability provisions; (3) testing 
and monitoring flexibilities so that units with rudimentary designs can 
demonstrate compliance with the rule; (4) revised regulatory provisions 
related to emissions during periods of startup, shutdown, and 
malfunction (SSM); (5) provisions for electronic reporting of certain 
notifications and reports; (6) revisions to recordkeeping and reporting 
provisions consistent with the revised testing and monitoring; (7) 
changes to title V permitting requirements; and (8) other technical 
edits, clarifications, and revisions intended to improve the 
understanding of the rule and improve consistency with other CAA 
section 129 rules.

D. What is the Agency's 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, including ``other categories of solid waste 
incineration units.'' This action amends the OSWI standards under such 
authority. In addition, CAA section 129(a)(5) specifically requires the 
EPA to periodically review and revise the standards and the 
requirements for solid waste incineration units, including OSWI units.
    The EPA has substantial discretion to distinguish among classes, 
types, and sizes of incinerator units within a category while setting 
standards. CAA section 129(a)(2) provides that standards ``applicable 
to solid waste incineration units promulgated under . . . [section 111] 
and this section shall reflect the maximum degree of reduction in 
emissions of . . . [certain listed air pollutants] that the 
Administrator, taking into consideration the cost of achieving such 
emission reduction and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable for new and 
existing units in each category.'' This level of control is referred to 
as a maximum achievable control technology, or MACT standard. CAA 
section 129(a)(4) further directs the EPA to set numeric emission 
limits for certain enumerated pollutants (Cd, CO, DF, HCl, Pb, Hg, 
NOX, PM, and SO2). In addition, the standards 
``shall be based on methods and technologies for removal or destruction 
of pollutants.'' CAA section 129(a)(3).
    In promulgating a MACT standard, the EPA must first calculate the 
minimum stringency levels for new and existing solid waste incineration 
units in a category, generally based on levels of emissions control 
achieved in practice by the subject units. The minimum level of 
stringency is called the MACT ``floor,'' and there are different 
approaches to determining the floors for new and/or existing sources. 
For new (and reconstructed sources), CAA section 129(a)(2) provides 
that the ``degree of reduction in emissions that is deemed achievable . 
. . shall not be less stringent than the emissions control that is 
achieved in practice by the best controlled similar unit, as determined 
by the Administrator.'' Emissions standards for existing units may be 
less stringent than standards for new units, but CAA section 129(a)(2) 
requires that the standards ``shall not be less stringent than the 
average emissions limitation achieved by the best performing 12 percent 
of units in the category.'' The MACT floors form the least stringent 
regulatory option the EPA may consider in the determination of MACT 
standards for a source category. The EPA must also determine whether to 
control emissions ``beyond-the-floor,'' after considering the costs, 
non-air quality health and environmental impacts, and energy 
requirements of such more stringent control.
    In general, all MACT analyses involve an assessment of the 
emissions from the best performing units in a source category. The 
assessment can be based on actual emissions data, knowledge of the air 
pollution control in place in combination with actual emissions data, 
or on other information, such as state regulatory requirements, that 
enables the EPA to estimate the actual performance of the regulated 
units. For each source category, the assessment involves a review of 
actual emissions data with an appropriate accounting for emissions 
variability. Other methods of estimating emissions can be used provided 
that the methods can be shown to provide reasonable estimates of the 
actual emissions performance of a source or sources. Where there is 
more than one method or technology to control emissions, the analysis 
may result in several potential regulations (called regulatory 
options), one of which is selected as MACT for each pollutant. Each 
regulatory option the EPA considers must be at least as stringent as 
the minimum stringency ``floor'' requirements. The EPA must examine, 
but is not necessarily required to adopt, more stringent ``beyond-the-
floor'' regulatory options to determine MACT. Unlike the floor minimum 
stringency requirements, the EPA must consider

[[Page 54182]]

various impacts of the more stringent regulatory options in determining 
whether MACT standards are to reflect ``beyond-the-floor'' 
requirements. If the EPA concludes that the more stringent regulatory 
options have unreasonable impacts, the EPA selects the ``floor-based'' 
regulatory option as MACT. If the EPA concludes that impacts associated 
with ``beyond-the-floor'' levels of control are acceptable in light of 
additional emissions reductions achieved, the EPA selects those levels 
as MACT.
    Under CAA section 129(a)(2), for new sources, the EPA determines 
the best control currently in use for a given pollutant and establishes 
one potential regulatory option at the emission level achieved by that 
control with an appropriate accounting for emissions variability. More 
stringent potential beyond-the-floor regulatory options might reflect 
controls used on other sources that could be applied to the source 
category in question.
    For existing sources, the EPA determines the average emissions 
limitation achieved by the best performing 12 percent of units to form 
the floor regulatory option. More stringent beyond-the-floor regulatory 
options reflect other or additional controls capable of achieving 
better performance.
    As noted above, CAA section 129(a)(5) requires the EPA to conduct a 
review of the standards at 5-year intervals and, in accordance with CAA 
sections 129 and 111, revise the standards. In conducting periodic 
reviews under CAA section 129(a)(5), the EPA attempts to assess the 
performance of and variability associated with control measures 
affecting emissions performance at sources in the subject source 
category (including the installed emissions control equipment), along 
with recent developments in practices, processes, and control 
technologies, and determines whether it is appropriate to revise the 
NSPS and EG. This approach is consistent with the requirement that 
standards under CAA section 129(a)(3) ``shall be based on methods and 
technologies for removal or destruction of pollutants before, during or 
after combustion.'' We do not interpret CAA section 129(a)(5), together 
with CAA section 111, as requiring the EPA to recalculate MACT floors 
in connection with this periodic review.\2\ This general approach is 
similar to the approach taken by the EPA in periodically reviewing CAA 
section 111 standards, which, under CAA section 111(b)(1)(B), requires 
the EPA, except in specified circumstances, to review NSPS promulgated 
under that section every 8 years and to revise the standards if the EPA 
determines that it is appropriate to do so.
---------------------------------------------------------------------------

    \2\ Elsewhere in the CAA, including under CAA section 112(d)(6), 
the EPA is also obliged to undertake periodic reviews. Although the 
nature or scope of the periodic review under CAA section 112(d)(6) 
is different than under CAA section 129(a)(5), it may be worth 
noting that, even under CAA section 112(d)(6), the EPA is not 
obligated to recalculate MACT floors in the course of a periodic 
review. NRDC v. EPA, 529 F.3d 1077, 1084 (D.C. Cir. 2008); Nat'l 
Ass'n for Surface Finishing v. EPA, 795 F.3d 1, 7-9 (D.C. Cir. 
2015).
---------------------------------------------------------------------------

E. What data collection activities were conducted?

    The EPA reviewed the inventory of OSWI units developed for the 
current standards and performed data gathering to identify additional 
units.\3\ The current OSWI rule covers VSMWC and IWI as well as air 
curtain incinerators (ACIs) combusting municipal solid waste or 
institutional waste. ACIs burning only wood waste, clean lumber, and 
yard waste are only subject to opacity requirements in the OSWI rule. 
The EPA identified 97 VSMWC, IWI, and ACI units at 84 facilities from 
the prior inventory. Data searches to identify additional units 
encompassed review of the existing EPA databases, state permit 
databases, manufacturers' websites, other government agencies, and 
military and police sources.
---------------------------------------------------------------------------

    \3\ An OSWI inventory was developed for the 2005 rulemaking and 
included in Docket ID No. EPA-HQ-OAR-2003-0156.
---------------------------------------------------------------------------

    The EPA's Enforcement and Compliance History Online (ECHO) website 
allows users to search for facilities by NSPS subparts.\4\ The ECHO 
database provides integrated compliance and enforcement information for 
approximately 800,000 regulated facilities nationwide. For facilities 
identified by ECHO as subject to the OSWI NSPS, the EPA conducted web 
searches and reviewed online state air permits, where available. The 
EPA added 20 units at 20 facilities to the OSWI inventory from the ECHO 
search results. No emissions data were found for these units.
---------------------------------------------------------------------------

    \4\ See https://echo.epa.gov/.
---------------------------------------------------------------------------

    The EPA also searched the 2014 National Emissions Inventory (NEI), 
Version 2, to identify facilities with OSWI units. The NEI is a 
database that contains information about sources that emit certain air 
pollutants, known as ``criteria'' pollutants, their precursors, and 
hazardous air pollutants. The database includes estimates of annual air 
pollutant emissions from sources in the 50 states, the District of 
Columbia, Puerto Rico, and the U.S. Virgin Islands. The EPA collects 
this information and releases an updated version of the NEI database 
every 3 years. The NEI also includes information about control devices 
and control approaches. Based on the NEI, four units at four facilities 
were added to the EPA's inventory of OSWI sources. Emissions data are 
available for only three of these units; no emissions data were found 
for the remaining unit.
    The EPA searched state permit databases and reviewed online 
permits, including title V and general permits, to identify additional 
OSWI units. Fourteen additional units at 14 facilities were identified 
and added to the OSWI inventory as a result of the permit reviews. No 
emissions data were found for these units in the permit documents; 
however, Pima County Department of Environmental Quality (PDEQ) 
provided a recent test report from 2019 for one unit in Arizona.
    The EPA reviewed customer lists available on two incinerator 
manufacturer websites. These incinerators are small, portable 
incinerators, and the customer lists included universities and other 
entities. Ten units at 10 facilities were added to the OSWI inventory 
from incinerator manufacturer customer lists. Other searches included 
the EPA's WebFIRE database, the U.S. Drug Enforcement Administration 
website, the National Park Service website, the EPA's Toxics Release 
Inventory, and the California Air Resources Board and Air Quality 
Maintenance Districts websites. No units were added to the OSWI 
inventory from these data sources.
    In addition to the OSWI units identified through the data searches 
described above, we also considered and included 29 remote incinerators 
at 25 facilities and associated emissions test and waste information 
collected from commercial and industrial facilities in Alaska (as 
further discussed in section II.B of this preamble). Taking these all 
together, a total of 174 OSWI units at 157 facilities were identified. 
These searches are documented in the memorandum, Documentation of Data 
Gathering Efforts for Other Solid Waste Incineration (OSWI) Units, 
which is available in the docket for this action.

F. What other relevant background information and data are available?

    In addition to inventorying OSWI units, the EPA reviewed the ECHO 
and the NEI information, as well as state permit databases, for 
representative emissions data for OSWI units. In state permit 
databases, we obtained limited information for two OSWI units, both 
with capacities greater than 10 TPD (but

[[Page 54183]]

less than 35 TPD), one located at a Texas facility and the other at an 
Arizona facility. The information for the Texas facility included an 
emissions test report for the nine OSWI pollutants for one OSWI unit, 
and the information for the Arizona facility included a test summary 
for one OSWI unit. The EPA also obtained limited emissions data (for 
the nine pollutants) from the 2014 NEI, Version 2 for three of the four 
OSWI units identified in the NEI. The NEI data did not include control 
device information for these four units. We also reviewed data 
collected during the development of the NSPS and EG for Commercial and 
Industrial Solid Waste Incineration (CISWI) units,\5\ as well as 
additional test data submitted by the Alaska Oil and Gas Association 
(AOGA) for small remote incinerators (SRI) in Alaska (submitted in 
connection with a request that the EPA modify the SRI emission limits 
established in the February 7, 2013, final CISWI rule).\6\
---------------------------------------------------------------------------

    \5\ Includes emissions data collected from Phase II of the CISWI 
ICR survey used to support the March 21, 2011 CISWI final rule (76 
FR 15704) as well as the 2013 CISWI final reconsideration (78 FR 
9112, February 7, 2013).
    \6\ As further discussed in sections II.B.1 and II.B.2 of this 
preamble, the EPA has re-evaluated the applicability of the CISWI 
rules to certain incinerators burning more than 30-percent MSW and 
is also proposing to revise the OSWI rules such that the OSWI 
standards will be applicable to these incinerators, which would be 
treated as VSMWC units.
---------------------------------------------------------------------------

G. What are the incremental costs and benefits of this action?

    We have estimated that this proposed rule will decrease burden by 
$57,000 annually. We anticipate about 31 tons per year in emission 
reductions in the CAA section 129 pollutants as a result of the 
proposed amendments. See section III of this preamble for additional 
information.

II. OSWI Review and Proposed Revisions

A. CAA Section 129(a)(5) Review

1. How did the EPA conduct the review under CAA section 129(a)(5)?
    In conducting periodic reviews under CAA section 129(a)(5), the EPA 
attempts to assess the performance of and variability associated with 
control measures affecting emissions performance at sources in the 
subject source category (including the installed emissions control 
equipment), along with developments in practices, processes, and 
control technologies. For development of the proposed rule, the EPA 
reviewed available performance data for currently operating OSWI units 
or the best representative sources. In reviewing the standards based on 
currently available emissions information, we address the CAA section 
129(a)(5) review's goals of assessing the performance efficiency of the 
installed equipment and ensuring that the emission limits reflect the 
performance of the technologies required by the MACT standards. In 
addition, we considered whether new technologies and processes and 
improvements in practices have been demonstrated at sources subject to 
the 2005 OSWI rule.
    Our review focused on identifying OSWI units to develop an 
inventory of units and evaluating developments in processes and control 
technologies that have occurred since the OSWI standards were 
promulgated. Where we identified additional units or new developments 
at units, we analyzed their emissions and controls and the technical 
feasibility, estimated costs, energy implications, and non-air 
environmental impacts of any identified controls. We also considered 
emission reductions associated with applying each development, if any. 
This analysis informed our decision of whether to revise the OSWI 
emissions standards. In addition, we considered the appropriateness of 
applying controls to new sources versus retrofitting existing sources. 
For these purposes, we considered any of the following to be a 
development:
     Any add-on control technology or other equipment that was 
not identified and considered during development of the original 
standards;
     any improvements in previously identified and considered 
add-on control technology or other equipment that could result in 
additional emissions reduction;
     any process change or pollution prevention alternative 
that could be broadly applied to the industry and that was not 
identified or considered during development of the original standards; 
and
     any significant changes in the cost (including cost 
effectiveness) of applying controls (including controls the EPA 
considered during the development of the original standards).
    In addition to reviewing the processes and control technologies 
that were considered at the time we originally developed the OSWI 
standards, we reviewed, as discussed in sections I.E and I.F of this 
preamble, a variety of data sources in our investigation of potential 
processes or controls to consider.
2. Results and Proposed Actions From the EPA's CAA Section 129(a)(5) 
Review
    We identified limited emissions data for three out of four OSWI 
units from the NEI, and emissions test data for two new large OSWI 
units from state permit documentation that demonstrate compliance with 
the OSWI standards through use of add-on control devices similar to 
those considered during the original OSWI rule development. From the 
limited data available, we did not identify any new developments in 
practices, processes, or control technologies for any OSWI units. Based 
strictly on our 5-year review analysis, we do not believe that any 
changes to the OSWI standards are appropriate, and, accordingly, the 
EPA is not proposing any revisions pursuant to CAA section 129(a)(5).

B. What other actions are we proposing?

    Although not predicated on the CAA section 129(a)(5) review, the 
EPA is taking the opportunity to propose certain changes to the OSWI 
standards in light of other developments and our experience with the 
CAA section 129 solid waste incinerator rules, as well as 
considerations associated with the 2016 remand of the 2005 OSWI 
standards. Thus, we are proposing changes to OSWI sub-categories and 
related MACT floor recalculations. Additionally, we are proposing other 
applicability-related and definitional changes. These proposed 
revisions are discussed in sections II.B.1 and II.B.2 of this preamble. 
We are also proposing changes to the SSM provisions; the testing, 
monitoring, recordkeeping, and reporting requirements; the 
applicability of title V permitting for certain ACIs; and miscellaneous 
other technical and editorial changes to the regulatory text. These 
proposed changes are discussed in sections II.B.3 through II.B.8 of 
this preamble.
1. Proposed Revisions to the MACT Floor
    We are proposing MACT floor recalculations for the OSWI source 
category in light of the 2016 voluntary remand of judicial proceedings 
relating to the OSWI standards, as well as public comments regarding 
the final OSWI standards (70 FR 74870, December 16, 2005) that raised 
issues that, upon further consideration, we believe should be 
readdressed. At the time the EPA set the OSWI standards, we lacked 
emissions data on OSWI units, and the emission limits were based on 
information for similar sources in the hospital, medical, and 
infectious waste incineration (HMIWI) unit source

[[Page 54184]]

category, considering the similarities in combustion unit size, design, 
operations, and waste composition between OSWI and HMIWI units.\7\ We 
have now collected additional information on two new OSWI units 
(constructed after the OSWI standards were issued) and emissions 
information for certain existing small incineration units located in 
Alaska that previously have been regarded as CISWI units, as small 
remote incinerators (SRI), but--under this proposal--are treated as 
OSWI units.\8\ We are proposing to consider the existing SRI units as 
VSMWC units subject to the OSWI standards. In light of the voluntary 
remand and the additional data gathered, we are proposing revised 
subcategories and MACT standards that better reflect actual emissions 
test data from OSWI units and the population of OSWI. These standards 
are based, in part, on the size of the OSWI unit. The proposed 
standards are more representative of and better reflect the emissions 
achievable for new and existing units in each category required under 
CAA sections 129(a)(2) and (4).
---------------------------------------------------------------------------

    \7\ The 2005 MACT standards were developed based on the best 
representative sources. For new IWI and VSMWC units, the MACT floor 
emission limits were based on emissions information from HMIWIs 
similar in size, design, and operation and using medium-efficiency 
wet scrubbers for emissions control. For existing IWI and VSMWC 
units, the EPA considered the MACT floor based on emissions test 
information from small, uncontrolled, modular/starved air municipal 
waste combustion (MWC) units that were collected during the MWC 
regulatory development process. However, the EPA had also identified 
one existing OSWI unit, an IWI unit, with a medium efficiency wet 
scrubber. Therefore, the EPA ultimately set beyond-the-floor 
standards for existing OSWI reflecting the use of a medium-
efficiency wet scrubber, based on the emission limits that were 
achievable considering the available HMIWI data.
    \8\ The CISWI NSPS are found at 40 CFR part 60, subpart CCCC, 
and the EG are found at 40 CFR part 60, subpart DDDD (collectively 
the ``CISWI standards''). The CISWI standards initially were 
promulgated in 2000 (60 FR 75338) and revised in 2005 (70 FR 55568), 
2011 (76 FR 15704), 2013 (78 FR 9112), and 2016 (81 FR 40956). The 
CISWI standards generally apply to operating units of commercial or 
industrial facilities that combust solid waste (see, e.g., 40 CFR 
60.2015 and 60.2265). The CISWI standards cover certain small, 
remote incinerators (SRI) that combust three TPD or less of solid 
waste and are located more than 25 miles from a MSW landfill (see, 
e.g., 40 CFR 60.2265).
---------------------------------------------------------------------------

    The EPA did not previously address SRI units in the OSWI standards. 
At the time the OSWI standards were promulgated, we contemplated 
regulating the small incinerators that are located at commercial 
businesses or industrial sites as CISWI units under future revisions to 
the final CISWI rules (70 FR 74882). Prior to revising the CISWI 
standards, we had insufficient information about the small units 
operated in the commercial and industrial facilities (e.g., operating 
at oil exploration sites or oil-field based camps) to determine if they 
could be treated as VSMWC units. In 2010, in connection with a CISWI 
rulemaking, the EPA conducted an Information Collection Request (ICR) 
to collect data for these small incinerators. The data, however, did 
not provide detailed information on the type of waste these units were 
burning (i.e., industrial waste or municipal-type waste generated 
onsite) and the percentages of each type being combusted. Consistent 
with our stated intent during the OSWI rulemaking, the EPA set the 
emission standards for the SRI subcategory under the CISWI rule because 
such combustion units are located at commercial/industrial facilities 
(typically in isolated areas of Alaska).
    In June 2017, AOGA submitted to the EPA data that provided 
additional information on waste characterization for SRI in Alaska. The 
new data indicated that most such units burn more than 30-percent 
municipal type solid waste; that is, the type of waste material--
regardless whether it is collected from households, the general public, 
institutions, commercial or industrial operations, or some 
combination--that is typically regarded as municipal waste.
    Based on the new information provided by AOGA in 2017 and a re-
evaluation of the OSWI definition of MSW and related terms, we 
reconsidered the dividing line between the OSWI standards and the CISWI 
standards. Units that combust more than 30 percent MSW, even units 
located at commercial or industrial facilities, that otherwise meet the 
definition of VSMWC (as proposed herein), including units with a 
capacity of three TPD or less located away from MSW landfills, should 
be subject to the OSWI rule instead of the CISWI standards.\9\ 
Consistent with this revised approach on the coverage or applicability 
of the OSWI standards, we have considered the information from AOGA in 
recalculating the MACT floors--for certain subcategories of OSWI units.
---------------------------------------------------------------------------

    \9\ Incinerators that burn less than 30-percent MSW and are 
located at an industrial or commercial facility, including SRI, 
would remain subject to the CISWI rule. However, the units under 
consideration here are burning greater than 30-percent MSW, 
according to AOGA members. For a more detailed discussion of OSWI 
applicability-related issues and proposals relating to OSWI 
definitions, see the discussion in section II.B.2 of this preamble.
---------------------------------------------------------------------------

    As noted in section I.F of this preamble, we have also gathered 
emissions information on two OSWI units constructed since 2005, with 
waste capacities greater than 10 TPD (but less than 35 TPD), including 
one at a Texas facility and one at a facility in Arizona. Both of these 
units are continuously-fed rotary combustors that use add-on air 
pollution control devices, including wet and dry scrubbers and fabric 
filters, to comply with the current OSWI standards.
    In light of the design and compliance information obtained for two 
OSWI units (one in Arizona and one in Texas) and the addition of design 
and operational information from the CISWI ICR and the AOGA for the SRI 
units, we are proposing to subcategorize IWI and VSMWC units based on 
size. The two subcategories proposed are large units that have 
capacities greater than 10 TPD and small units that have capacities 
less than or equal to 10 TPD. For incineration units, differences in 
size typically reflect differences in operation and equipment 
complexity. Units with capacities less than or equal to 10 TPD 
typically feed waste to the unit in batches and some units may not even 
be equipped with stacks. Units larger than 10 TPD typically feed waste 
to the unit continuously or semi-continuously and also typically have 
stacks or flues that can be routed to air pollution control devices. 
Therefore, we are proposing subcategories as follows: (1) VSMWC units 
with a capacity to combust less than or equal to 10 TPD of MSW or 
refuse-derived fuel; (2) IWI units with a capacity to combust less than 
or equal to 10 TPD of institutional waste; (3) VSMWC units with a 
capacity to combust greater than 10 TPD of MSW or refuse-derived fuel 
(but less than 35 TPD); and (4) IWI units with a capacity to combust 
greater than 10 TPD of institutional waste. In connection with this 
size-based sub-categorization, we are also proposing to add a 
definition of ``small OSWI unit,'' a unit with a capacity less than or 
equal to 10 TPD. (Accordingly, the term ``small OSWI unit'' will be 
used, hereinafter, to refer to units with capacities less than or equal 
to ten TPD.)
    Based on the updated inventory, emissions, and waste data provided 
by AOGA, we have developed revised emission limits for existing small 
OSWI units, using the average emission limitation of the best 
performing 12 percent of such sources and also considering variability 
in emissions, consistent with CAA section 129(a)(2). To calculate the 
MACT floor emission limits for small existing OSWI sources, we 
considered the available test run data \10\ provided in response to the 
2010

[[Page 54185]]

ICR and test data from 2014 submitted in June 2017 by AOGA in their 
attempt to address concerns that they had with the 2010 ICR data 
pertaining to the emissions test data representativeness and waste 
variability. In the MACT floor analysis, we used the run data from the 
2010 and 2014 emission tests to calculate the 99th percentile upper 
limits (UL) statistical interval for the best 12 percent of such 
incineration units for each pollutant to address the range of operating 
conditions of the incinerator. The UL is a common statistical interval 
used to address variability and was the same statistical interval used 
to calculate the CISWI SRI emission limits (76 FR 15723, March 21, 
2011).
---------------------------------------------------------------------------

    \10\ Run data includes the emissions data captured during a 
stack test comprising at least three sampling runs.
---------------------------------------------------------------------------

    In addition to addressing the range of operating conditions of the 
incinerator, AOGA noted that the waste profile of the 2010 emissions 
test data was not representative of the range of wastes combusted 
during normal operations. The AOGA asserted that the testing sites 
seemed to misinterpret the goal of the testing and may have prepared 
``best case'' waste for the 2010 testing instead of a more 
representative waste profile. To address this, accompanying the 
additional emission tests conducted in 2014, AOGA also submitted waste 
composition and elemental analysis data for nitrogen (N), Cd, Pb, Hg, 
chlorine, and sulfur in the wastes combusted (sometimes also referred 
to as the ``fuel'' in similar fuel variability factor (FVF) 
calculations used in boiler and CISWI standards for certain 
pollutants). We applied the EPA's previous analytical approach of 
calculating FVF to calculate an analogous ``waste variability factor'' 
(WVF) for small OSWI units since these units are not designed to co-
fire waste with coal or other solid fuels, and applied this WVF to the 
99-percentile UL calculation for the six pollutants that are influenced 
directly by waste composition; Cd, HCl, Pb, Hg, SO2, and 
NOX. A detailed discussion of the emission limit calculation 
can be found in the memorandum, OSWI Emission Limit Calculations for 
Existing and New Sources, which is available in the docket for this 
action.
    The new proposed emission limits for the pollutants regulated under 
CAA section 129(a)(4) (Cd, HCl, Pb, Hg, SO2, NOX, 
PM, DF, and CO) are shown in Table 2 of this preamble. We are providing 
two options for limits for DF, one based on the total mass basis (TMB) 
and one based on the toxic equivalency factor (TEQ). As we have done 
for other CAA section 129 standards, sources may meet one or the other 
of the DF limits, but are not required to meet both. We are proposing 
to apply these revised emission limits for small VSMWC and IWI units 
(with capacity less than or equal to 10 TPD of solid waste), as the 
data reflect our best knowledge of existing OSWI units of this size.

    Table 2--Revised OSWI Standards for Existing Small OSWI Units \1\
------------------------------------------------------------------------
                                                              Revised
             Pollutant               Concentration units  emission limit
------------------------------------------------------------------------
Cd................................  [micro]g/dscm \2\...           2,000
HCl...............................  ppmvd \3\...........             500
Pb................................  [micro]g/dscm.......          32,000
Hg................................  [micro]g/dscm.......              69
SO2...............................  Ppmvd...............             130
NOX...............................  Ppmvd...............             210
PM................................  mg/dscm.............             280
DF (TMB) \4\......................  ng/dscm \5\.........           4,700
DF (TEQ) \4\......................  ng/dscm.............              86
CO................................  Ppmvd...............             220
------------------------------------------------------------------------
\1\ Emission limits are for small existing VSMWC and IWI units with
  capacities less than or equal to 10 TPD.
\2\ Micrograms per dry standard cubic meters.
\3\ Parts per million by dry volume.
\4\ For DF, you must meet either the TMB limit or the TEQ limit.
\5\ Nanograms per dry standard cubic meters.

    We are also proposing to revise the MACT floors for new, small OSWI 
units (both VSMWC and IWI). Section 129(a)(2) of the CAA requires that 
MACT for new sources be no less stringent than the emissions control 
achieved in practice by the best controlled similar unit. Therefore, 
the approach for new sources was similar to that used with the existing 
sources (i.e., 99 percentile UL with FVF applied for the pollutants 
influenced by waste composition), except the top performing unit's data 
were used to calculate the MACT floor emission limit instead of the 
average of the best performing 12 percent of units. A detailed 
discussion of the emission limit calculation can be found in the 
memorandum, OSWI Emission Limit Calculations for Existing and New 
Sources, which is available in the docket for this action. The new 
source emission limits are shown in Table 3 of this preamble.

      Table 3--Revised OSWI Standards for New Small OSWI Units \1\
------------------------------------------------------------------------
                                                              Revised
             Pollutant               Concentration units  emission limit
------------------------------------------------------------------------
Cd................................  [micro]g/dscm.......             400
HCl...............................  ppmvd...............             210
Pb................................  [micro]g/dscm.......          26,000
Hg................................  [micro]g/dscm.......              12
SO2...............................  ppmvd...............              38
NOX...............................  ppmvd...............             180
PM................................  mg/dscm.............             210
DF (TMB)..........................  ng/dscm.............           3,100

[[Page 54186]]

 
DF (TEQ)..........................  ng/dscm.............              40
CO................................  ppmvd...............              69
------------------------------------------------------------------------
\1\ Emission limits are for small new VSMWC and IWI units with
  capacities less than or equal to 10 TPD.

    For OSWI units that are not small OSWI units, we have not 
recalculated the MACT floors and are not proposing any changes to the 
emissions limitations. As mentioned before, large VSMWC and IWI units 
(with capacities greater than 10 TPD) have a different design and mode 
of operation than small OSWI units. We do not have sufficient 
information on these units that would enable us to revise the MACT 
floor for these existing OSWI units, and we are not proposing any 
changes to the current OSWI limits for existing sources for these 
units. Emissions data for two units in this size category demonstrate 
that sources require use of add-on control devices similar to those 
considered in the development of the 2005 OSWI standards to meet the 
emission limits, which supports our decision to retain the 2005 OSWI 
emission limits for this OSWI subcategory. Information provided on the 
units shows that the units are meeting the current OSWI emission limits 
and are in compliance with the current rule. We are not proposing any 
changes to the current OSWI emission limits for VSMWC and IWI units 
with capacities greater than 10 TPD (new and existing).
    The EPA also examined whether it was appropriate to adopt more 
stringent ``beyond-the-floor'' regulatory options to determine MACT. 
Unlike the floor minimum stringency requirements, the EPA must consider 
various impacts of the more stringent regulatory options in determining 
whether MACT standards are to reflect ``beyond-the-floor'' 
requirements, including considering the costs, non-air quality health 
and environmental impacts, and energy requirements of such more 
stringent control. Small OSWI units often are of very basic, 
rudimentary design and function, as discussed in section II.B.4 of this 
preamble. Requiring additional controls on small OSWI units is 
infeasible or simply would be cost prohibitive. For OSWI units with 
capacities greater than 10 TPD, the 2005 final rule already 
incorporated beyond-the-floor requirements. We do not have sufficient 
information for large OSWI units that would enable us to revise the 
beyond the floor limits in this action. However, based on the 
information we have from the 2005 rule, requiring any further controls 
would likely only provide minimal emissions reductions with substantial 
cost investments. Considering these factors, we concluded that revised 
beyond-the-floor limits are unreasonable for the OSWI subcategories. A 
more detailed discussion of the beyond-the-floor analyses is provided 
in the memordandum, OSWI Emission Limit Calculations for Existing and 
New Sources, which is available in the docket for this action.
    In the 2005 final OSWI rule, we also established opacity standards 
for ACI units that would otherwise meet the definitions of IWI or VSMWC 
units, but burn only 100-percent wood wastes, 100-percent clean lumber, 
100-percent yard waste, or 100-percent mixture of only wood waste, 
clean lumber, and yard waste. We are not proposing any changes to the 
opacity standards for these units. However, ACIs that do not burn only 
100-percent wood wastes, clean lumber, or yard wastes and that would 
meet the definition of an IWI or VSMWC unit would be required to meet 
the applicable OSWI standards.
    The emission limits, including the proposed revised limits for 
small OSWI units and the (unchanged) limits for units with capacities 
greater than 10 TPD, are summarized in Table 4 of this preamble.

                 Table 4--Limits for OSWI Units, Including Proposed Limits for Small OSWI Units
----------------------------------------------------------------------------------------------------------------
                                                   Existing VSMWC and IWI units       New VSMWC and IWI units
           Pollutant              Concentration  ---------------------------------------------------------------
                                      units          Small \1\       Large \2\       Small \1\       Large \2\
----------------------------------------------------------------------------------------------------------------
Cd............................  [micro]g/dscm...           2,000              18             400              18
HCl...........................  ppmvd...........             500              15             210              15
Pb............................  [micro]g/dscm...          32,000             226          26,000             226
Hg............................  [micro]g/dscm...              69              74              12              74
SO2...........................  ppmvd...........             130             3.1              38             3.1
NOX...........................  ppmvd...........             210             103             180             103
PM............................  mg/dscm.........             280              30             210              30
DF (TMB)......................  ng/dscm.........           4,700              33           3,100              33
DF (TEQ)......................  ng/dscm.........              86            -\3\              40            -\3\
CO............................  ppmvd...........             220              40              69              40
----------------------------------------------------------------------------------------------------------------
\1\ Small units include those with capacity less than or equal to 10 TPD.
\2\ Limit basis is from 2005 OSWI Rule. For PM, the 2005 OSWI standard is shown as mg/dscm rather than grains
  per dscf.
\3\ DF TEQ basis was not calculated for the 2005 rule.

2. Proposed Revisions to Applicability of OSWI Requirements
    We are proposing two changes to the applicability of the OSWI 
standards in order to resolve inconsistent definitions between OSWI and 
other CAA section 129 rulemakings, and update aspects of the rule that 
we have reconsidered based on new data. The proposed changes include 
(1) removing the definition of the term ``collected from'' as used in, 
and limiting the definition of, ``municipal solid waste'' in order to 
place the focus on the source and type or nature of the waste, rather 
than the manner in which is it ``collected'' and (2) modifying the OSWI 
definition of

[[Page 54187]]

``municipal waste combustion unit'' to make it clear that pyrolysis/
combustion units are not OSWI units.
    First, we are clarifying that the applicability of the OSWI 
standards to VSMWC units is based on the source and type or nature of 
waste incinerated rather than the particular manner in which the waste 
is collected. The regulatory history of the MWC rules indicates that 
the EPA intended to determine the applicability of the MWC rule based 
on the type of waste combusted in a unit and not based on the location 
of the incineration unit (54 FR 52261, December 20, 1989). The 2005 
OSWI rule finalized a definition of ``municipal solid waste'' that was 
similar to the definition of ``municipal waste'' provided in CAA 
section 129(g)(5), but interpreted this, for the purposes of VSMWC 
applicability under OSWI, to mean that the municipal waste must be 
``collected from'' certain or multiple sites. We have since re-
evaluated our interpretation in OSWI where the rule explains municipal 
waste must be limited to those collected from outside the site of the 
incinerator. Other existing CAA section 129 incinerator rules do not 
necessarily place the same emphasis on where the waste is collected. 
The principal MWC rules, for example, do not focus on or even define 
``collected from,'' and, instead, more broadly include materials 
discarded by a wide range of sources, regardless of how or where the 
waste may be ``collected'' (see, e.g., 40 CFR 60.51b and 60.1465). We 
are proposing to modify the definitions in the OSWI standards to remove 
the specific definition of ``collected from'' and, thus, to eliminate 
the limitation that waste may not be burned at the same site where it 
is generated in order for it to be considered MSW.
    We are, accordingly, proposing a different approach to the 
treatment of MSW under the OSWI standards than we opted to pursue when 
the standards were promulgated. There, we stated that ``small 
incinerators that are located at commercial business (such as stores, 
restaurants and apartments) or industrial sites are not VSMWC units 
because they do not burn waste which has been `collected from.' '' (70 
FR 74882). Under this proposal, such incinerators would no longer be 
subject to this ``collected from'' limitation and would qualify as 
VSMWC (provided these units burn more than 30-percent MSW).\11\ We 
believe this approach is more consistent with the EPA's other CAA 
section 129 MWC rules. We also believe, on further review, that this 
approach is more consistent with the CAA section 129 definition of 
``municipal waste.'' Section 129(g)(5) of the CAA essentially defines 
the term ``municipal waste'' to mean refuse ``collected from the 
general public and from residential, commercial, institutional, and 
industrial sources consisting of paper, wood, yard wastes, food wastes, 
plastics, leather, rubber and other combustible materials and non-
combustible materials such as metal, glass and rock.'' We do not read 
this definition as necessitating that, to constitute MSW, the material 
or refuse must be a cumulative collection of refuse from each and every 
one of the sources identified (that is, the ``general public,'' 
``residential,'' or ``commercial'' sources) or even necessarily of 
multiple such sources. Moreover, the term ``collected from'' is not 
defined in the CAA, and we do not read it as necessarily requiring (for 
waste to be considered MSW) that the waste must be transferred from one 
site and burned at another site.
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    \11\ An incinerator is not considered to be combusting MSW ``if 
it combusts a fuel feed stream, 30 percent or less of the weight of 
which is comprised, in aggregate, of municipal solid waste.'' See, 
e.g., 40 CFR 60.2977.
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    Next, we are proposing to revise the OSWI definition of ``municipal 
waste combustion unit'' to remove the reference to ``pyrolysis/
combustion units.'' The term is not defined in the current regulation 
and there is no similar specific reference to such units in the 
institutional waste incineration unit definition. In the preamble to 
the OSWI standards, we briefly stated that ``pyrolysis/combustion units 
(two chamber incinerators with a starved air primary chamber followed 
by an afterburner to complete combustion) within the VSMWC and IWI 
subcategories are considered OSWI units'' (70 FR 74876 and 74877). In 
the recent past, however, the EPA has received several inquiries about 
OSWI applicability to pyrolysis/combustion units, and we believe that 
there is considerable confusion in the regulated community regarding 
the reference to pyrolysis/combustion units in the definition of 
municipal waste combustion unit. Upon further review of the language in 
the final OSWI rule (70 FR 74876 and 74877), we believe the reference 
to pyrolysis/combustion units as MWC should not apply to OSWI units 
because such units are used to combust uncontained gases and do not 
involve the combustion of solid waste as defined in the OSWI rule. See 
70 FR 74877 (where we noted that units that are used to combust 
uncontained gases and are not used to dispose of solid waste generally 
are not subject to the OSWI standards).
    An OSWI unit is either a VSMWC or an IWI, and both types of units 
combust ``solid waste.'' Solid waste includes solid, liquid, and 
semisolid material. Solid waste also includes ``contained gaseous 
material,'' defined as gases that are in a container when that 
container is combusted (40 CFR 60.2977, 60.3078).
    The combustion of uncontained gases in pyrolysis/combustion units 
is inconsistent with the definition of solid waste and the associated 
definition of ``contained gaseous material'' in OSWI, and therefore, 
with solid waste combustion for the purpose of the OSWI rule. The EPA 
understands pyrolysis to be a process that takes place in an inert 
environment. In a closely coupled pyrolysis/combustion chamber, the 
gaseous material comes out of the pyrolysis chamber and immediately is 
incinerated in the combustion chamber. The pyrolysis gas is not placed 
into a container and then combusted. Therefore, the pyrolysis gas in 
the closely coupled pyrolysis/combustion chamber is not ``contained 
gaseous material,'' as referenced in the definition of solid waste. We 
noted in connection with the promulgation of the OSWI standards that 
thermal oxidizers, catalytic oxidizers, and flameless thermal oxidizers 
are not considered to be subject to the OSWI rule if these units are 
used to combust uncontained gas from an industrial process (70 FR 
74877). Moreover, unlike combustion, the pyrolysis process is 
endothermic and does not require the addition of oxygen (i.e. the 
partial pressure of oxygen during a pyrolysis process is maintained 
close to zero). Based on this understanding, we recognize that the 
pyrolysis process, by itself, is not combustion. In summary, because 
the pyrolysis itself is not combustion and pyrolysis gases are not a 
``solid waste'' under OSWI, a pyrolysis-combustion unit should not be 
referenced in the definition of MWC unit for the purposes of the OSWI 
rule.\12\ Accordingly, we are

[[Page 54188]]

proposing to revise the definition of ``municipal waste combustion 
unit'' in 40 CFR 60.2977 and 40 CFR 60.3078 to remove the reference to 
``pyrolysis/combustion units'' from the definition, reflecting our view 
that such units should not be regarded as municipal waste combustion 
units under the OSWI rule.
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    \12\ Discarded material that is processed in such a unit would 
still be a solid waste under the Resource Conservation and Recovery 
Act (RCRA), and, therefore, subject to state RCRA Subtitle D solid 
waste management program requirements. In the case of hazardous 
waste, RCRA sections 3002(a) and 3004(a) grant the EPA the authority 
to control gaseous emissions from hazardous waste management as may 
be necessary to protect human health and the environment. RCRA 
sections 3004(n), and (o)(1)(B), further direct the EPA to regulate 
air emissions from, respectively, hazardous waste treatment, storage 
and disposal facilities, and hazardous waste incinerators. The 
authority provided in RCRA section 3004(q) to regulate fuel produced 
from hazardous waste also encompasses gaseous fuels (when they are 
produced from hazardous wastes). The authority provided in RCRA 
section 3004(u) to control ``releases'' of hazardous constituents 
from solid waste management units at a facility seeking a RCRA 
permit also encompasses gaseous releases (when the gases are 
hazardous constituents). The authority granted under these sections 
of the statute is independent of the EPA's authorities over solid 
waste. As an example, the EPA has authority to regulate emissions 
generated during treatment of hazardous waste, including 
volatilization and incineration of hazardous waste.
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3. Proposed Removal of SSM Provisions
    Currently, the OSWI standards do not apply during SSM periods (see 
40 CFR 60.2918, 60.3025). The EPA proposes to eliminate this limitation 
or qualification on the applicability of the OSWI standards. The EPA 
proposes this change in light of the 2016 remand and certain legal 
developments, including a decision by the D.C. Circuit that invalidated 
certain regulations related to SSM in the 40 CFR part 63 General 
Provisions (Sierra Club v. EPA, 551 F.3d 1019 (2008)). While the 
decision did not specifically address the SSM provisions in the OSWI 
standards, it calls those provisions into question.
    We are not proposing separate emission standards for OSWI units 
that would apply during SSM periods. We determined that OSWI units will 
be able to meet the emission limits during periods of startup because 
most units burn natural gas or clean distillate oil to start, and waste 
is not added until the unit has reached combustion temperatures. 
Emissions from burning natural gas or distillate fuel oil would 
generally be significantly lower than from burning solid wastes. During 
shutdown periods, emissions are also generally significantly lower than 
emissions during normal operations because the materials in the 
incinerator will be almost fully combusted before shutdown occurs. 
Control of the lower emissions during startup and shutdown should be 
able to be accomplished using the same technological controls required 
for emissions during normal operations. Furthermore, the approach for 
establishing the revised MACT floors for OSWI units ranked individual 
OSWI or similar units based on actual performance for each pollutant, 
with an appropriate accounting of emissions variability. Because we 
accounted for emissions variability and established appropriate 
averaging times to determine compliance with the proposed OSWI 
standards, we believe we have adequately addressed any minor 
variability that may potentially occur during startup or shutdown. 
However, we note that we do not have available data for OSWI units 
during periods of startup and shutdown. We request comment on the 
proposed removal of the SSM provisions and the proposal to leave in 
place the OSWI standards during SSM periods, including any additional 
information for consideration for startup and shutdown periods for OSWI 
units.
    Periods of startup, normal operations, and shutdown are all 
predictable and routine aspects of a source's operations. Malfunctions, 
in contrast, are neither predictable nor routine. Instead they are, by 
definition, sudden, infrequent, and not reasonably preventable failures 
of emissions control, process, or monitoring equipment (see 40 CFR 
60.2). The EPA interprets CAA section 129 as not requiring emissions 
that occur during periods of malfunction to be factored into 
development of CAA section 129 standards. Under CAA section 129, 
emissions standards for new sources must be no less stringent than the 
level ``achieved'' by the best controlled similar source and for 
existing sources generally must be no less stringent than the average 
emission limitation ``achieved'' by the best performing 12 percent of 
sources in the category. There is nothing in CAA section 129 that 
directs the Agency to consider malfunctions in determining the level 
``achieved'' by the best performing sources when setting emission 
standards. As the D.C. Circuit has recognized, the phrase ``average 
emissions limitation achieved by the best performing 12 percent of'' 
sources ``says nothing about how the performance of the best units is 
to be calculated.'' Nat'l Ass'n of Clean Water Agencies v. EPA, 734 
F.3d 1115, 1141 (DC Cir. 2013). While the EPA accounts for variability 
in setting emissions standards, nothing in CAA section 129 requires the 
Agency to consider malfunctions as part of that analysis. The EPA is 
not required to treat a malfunction in the same manner as the type of 
variation in performance that occurs during routine operations of a 
source. A malfunction is a failure of the source to perform in a 
``normal or usual manner'' and no statutory language compels the EPA to 
consider such events in setting CAA section 129 standards. The EPA's 
approach to malfunctions in the analogous circumstances (setting 
``achievable'' standards under CAA section 112) has been upheld as 
reasonable by the D.C. Circuit in U.S. Sugar Corp. v. EPA, 830 F.3d 
579, 606-610 (2016).
    As the D.C. Circuit recognized in U.S. Sugar Corp., accounting for 
malfunctions in setting standards would be difficult, if not 
impossible, given the myriad different types of malfunctions that can 
occur across all sources in the category and given the difficulties 
associated with predicting or accounting for the frequency, degree, and 
duration of various malfunctions that might occur. Id. at 608 (``the 
EPA would have to conceive of a standard that could apply equally to 
the wide range of possible boiler malfunctions, ranging from an 
explosion to minor mechanical defects. Any possible standard is likely 
to be hopelessly generic to govern such a wide array of 
circumstances.'') As such, the performance of units that are 
malfunctioning is not ``reasonably'' foreseeable. See, e.g., Sierra 
Club v. EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) (``The EPA typically 
has wide latitude in determining the extent of data-gathering necessary 
to solve a problem. We generally defer to an agency's decision to 
proceed on the basis of imperfect scientific information, rather than 
to `invest the resources to conduct the perfect study. '') See also, 
Weyerhaeuser v. Costle, 590 F.2d 1011, 1058 (D.C. Cir. 1978) (``In the 
nature of things, no general limit, individual permit, or even any 
upset provision can anticipate all upset situations. After a certain 
point, the transgression of regulatory limits caused by `uncontrollable 
acts of third parties,' such as strikes, sabotage, operator 
intoxication or insanity, and a variety of other eventualities, must be 
a matter for the administrative exercise of case-by-case enforcement 
discretion, not for specification in advance by regulation.''). In 
addition, emissions during a malfunction event can be significantly 
higher than emissions at any other time of source operation. For 
example, if an air pollution control device with 99-percent removal 
goes off-line as a result of a malfunction (as might happen if, for 
example, the bags in a baghouse catch fire) and the emission unit is a 
steady state type unit that would take days to shut down, the source 
would go from 99-percent control to zero control until the control 
device was repaired. The source's emissions during the malfunction 
would be 100 times higher than during normal operations. As such, the 
emissions over a 4-day malfunction period would exceed the annual 
emissions of the source during normal operations. As this example 
illustrates,

[[Page 54189]]

accounting for malfunctions could lead to standards that are not 
reflective of (and significantly less stringent than) levels that are 
achieved by a well-performing non-malfunctioning source. It is 
reasonable to interpret CAA section 129 to avoid such a result. The 
EPA's approach to malfunctions is consistent with CAA section 129 and 
is a reasonable interpretation of the statute.
    Although no statutory language compels the EPA to set standards for 
malfunctions, the EPA has the discretion to do so where feasible. For 
example, in the Petroleum Refinery Sector Risk and Technology Review, 
the EPA established a work practice standard for unique types of 
malfunction that result in releases from pressure relief devices or 
emergency flaring events because the EPA had information to determine 
that such work practices reflected the level of control that applies to 
the best performers. 80 FR 75178, 75211 through 14 (December 1, 2015). 
The EPA will consider whether circumstances warrant setting standards 
for a particular type of malfunction and, if so, whether the EPA has 
sufficient information to identify the relevant best performing sources 
and establish a standard for such malfunctions. We note that there are 
no provisions for establishing work practice standards under CAA 
section 129.
    In the event that a source fails to comply with the applicable CAA 
section 129 standards as a result of a malfunction event, the EPA would 
determine an appropriate response based on, among other things, the 
good faith efforts of the source to minimize emissions during 
malfunction periods, including preventative and corrective actions, as 
well as root cause analyses to ascertain and rectify excess emissions. 
The EPA would also consider whether the source's failure to comply with 
the CAA section 129 standard was, in fact, sudden, infrequent, not 
reasonably preventable, and was not instead caused, in part, by poor 
maintenance or careless operation. 40 CFR 60.2 (definition of 
malfunction).
    If the EPA determines in a particular case that an enforcement 
action against a source for violation of an emission standard is 
warranted, the source can raise any and all defenses in that 
enforcement action and the federal district court will determine what, 
if any, relief is appropriate. The same is true for citizen enforcement 
actions. Similarly, the presiding officer in an administrative 
proceeding can consider any defense raised and determine whether 
administrative penalties are appropriate.
    In summary, the EPA's interpretation of the CAA and, in particular, 
CAA section 129, is reasonable and encourages practices that will avoid 
malfunctions. Administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply and can accommodate those 
situations. U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606-610 (2016).
    For these reasons, we are proposing to remove and reserve 40 CFR 
60.2918 and 40 CFR 60.3025, which provided exceptions for SSM. We are 
proposing minor harmonizing revisions to other rule requirements that 
reference SSM, such as revisions to the definition of ``Deviation'' to 
remove language for periods of SSM, for consistency with these changes.
4. Proposed Revisions to Testing and Compliance
    For small OSWI units, we are proposing alternatives to conducting 
the initial and annual performance tests and to remove the requirements 
to install, calibrate, maintain, and operate continuous emissions 
monitoring systems (CEMS). The OSWI standards currently require owners 
and operators of OSWI units to conduct initial and annual performance 
tests to demonstrate compliance (40 CFR 60.2927, 60.2932 and 60.3030, 
60.3033). Owners and operators may conduct performance tests less often 
than annually for a given pollutant if they are able to demonstrate 
compliance with the emissions limitations for three consecutive annual 
tests (40 CFR 60.2934, 60.3035). The OSWI standards also require CEMS 
for CO and oxygen (40 CFR 60.2939, 60.3038).
    We are proposing a new substitute means of compliance demonstration 
for small OSWI units, as we recognize that testing can impose 
substantial financial burdens and technical challenges on owners and 
operators of these sources. Based on the limited information available, 
we expect that most OSWI units are likely small incinerators that are 
not equipped with stacks from which to sample emissions during a 
performance test, and a stack or extension would be needed in order to 
perform the testing required by the OSWI standards. In some instances, 
it physically may not be possible to equip the incinerator with a 
stack, and in other cases, costs for doing so may be prohibitive. 
Transporting, installing, and supporting the extension for testing in 
the field can present additional issues, such as space or property 
constraints that may require additional construction of scaffolding, 
ducting, or modifications to underlying structures to install the 
appropriate extensions and sampling ports.\13\ Additionally, many of 
these small OSWI units are located in remote and difficult to access 
areas of the country, and it is difficult to mobilize stack testing 
crews to some of these locations.
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    \13\ The OSWI standards are found in 40 CFR part 60, subparts 
EEEE (NSPS) and FFFF (EG). In addition, subpart A (General 
Provisions) of part 60 contains various generally-applicable 
provisions, including provisions relating to performance testing 
(see, for example, 40 CFR 60.8). These generally-applicable 
performance testing provisions require, in part, owners and 
operators to provide performance testing facilities, including 
sampling ports. We believe, however, that for small OSWI units there 
could be significant challenges to conducting such modifications in 
the field to fit units at every site. In any event, the application 
of the General Provisions in subpart A to the other part 60 subparts 
is subordinate to the specific provisions found in the other 
subparts, such as the OSWI standards. See, for example, 40 CFR 
60.8(b) (performance test shall be conducted in accordance with the 
methods and procedures in each applicable subpart), 60.8(f) 
(performance testing shall be conducted in a prescribed manner, 
unless otherwise specified in the applicable subpart), and 60.11 
(compliance shall be determined in accordance with 40 CFR 60.8, 
unless otherwise specified in the applicable standard). Moreover, 
the EPA retains the authority to limit or modify the application of 
subpart A in subsequent rulemaking, including rulemaking relating to 
other part 60 subparts, such as the OSWI standards. In the event of 
a conflict between the performance testing provision of subpart A 
and the provisions of subparts EEEE and FFFF, the provisions of the 
source specific subparts (here, EEEE and FFFF) control.
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    These technical and economic infeasibilities are magnified for 
existing sources, which have previously installed units that may have 
never been equipped with a stack and for which additional space or 
property modifications may be infeasible. Further, owners and operators 
may find it economically infeasible to conduct initial or annual 
performance tests of these small units due to the cost of stack 
testing. We believe that similar difficulties may arise in connection 
with monitoring, including installation and operation of CEMS. Although 
we recognize these challenges exist for certain sources, adequate 
demonstration of initial and on-going compliance is necessary.\14\ 
Therefore, we are proposing alternatives to the testing and monitoring 
requirements to provide

[[Page 54190]]

regulatory flexibilities for small OSWI units.
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    \14\ CAA 129(c) requires, in part, the EPA to include emissions 
monitoring as part of solid waste incinerator standards. This 
requirement has been construed as requiring assurance of compliance 
with emission standards. Nat'l Ass'n of Clean Water Agencies v. EPA, 
734 F.3d 1115, 1160 (DC Cir. 2013). The EPA believes that, for the 
other solid waste incineration source category, the package of 
testing, monitoring, reporting, and recordkeeping requirements 
associated with the proposed substitute means of compliance testing 
for small OSWI units will adequately assure compliance with the 
standards.
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    At present, the OSWI standards require new sources to conduct 
initial performance testing within 60 days after the OSWI unit reaches 
the charge rate by which it will operate, but not later than 180 days 
after initial startup (40 CFR 60.2928); existing sources must conduct 
initial performance testing no later than 180 days after the final 
compliance date. We are proposing to retain this requirement, but we 
are also proposing--for small OSWI units--to add a substitute means of 
compliance demonstration, under which such initial performance testing 
would not be required. In lieu of that initial performance testing, 
owners and operators of small OSWI units would have the option to 
submit detailed information concerning the unit--including the make, 
model and manufacturer of the unit, and the type and capacity of the 
unit, information on the unit's air pollution control devices (if any), 
waste type and quantity information, and the charge rate--and to 
identify in the EPA's WebFIRE database a representative performance 
test.\15\ The test must be representative for the small OSWI unit in 
terms of similar throughput, method of processing and burning waste, 
operating temperatures, types of wastes or supplemental fuels burned, 
and waste profiles. If there is no representative performance test 
available in the WebFIRE database, the small OSWI unit cannot use the 
substitute means of compliance demonstration and must comply with the 
initial performance testing requirements.
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    \15\ Some tests in the WebFIRE database may not qualify for use 
as a representative performance test. Representative performance 
tests must be conducted according to the requirements in the OSWI 
rule, demonstrate compliance with the OSWI standards, and include 
the following information in the report: Unit design (including air 
pollution control devices), charge rate during the test, type of 
operation, combustion temperature during the test, types of waste 
burned during the test and the relative amount of each waste to the 
total waste burned, type and amount of supplemental fuels used 
during the test, and, if the tested unit has an air pollution 
control device, the operating parameter data for the control device 
during the test.
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    To use this alternative option, the owner/operator must submit a 
notification including the manufacturer, make, model, and type of unit, 
and documentation that the capacity of the unit is less than or equal 
to 10 TPD. We are proposing that owners and operators of new small OSWI 
units (constructed after August 31, 2020) and small OSWI units modified 
or reconstructed six months after the effective date of the final rule 
would be required to either complete their initial performance test 
within 60 days after the unit reaches the charge rate at which it will 
operate, but no later than 180 days after its initial startup,\16\ or 
submit a notification of intention to use the substitute means of 
compliance demonstration to the Administrator within 6 months after the 
date of publication of the final rule (currently estimated by the EPA--
depending on the actual date of publication of the final rule--to be on 
or about November 30, 2021), or within 60 days after initial startup, 
whichever of these dates is later. Owners and operators of existing 
small units (constructed on or before August 31, 2020) would not be 
required to submit a notification of intention to the Administrator, 
but would be required to identify the results of an existing 
performance test in the EPA's WebFIRE that is representative of their 
OSWI unit or conduct an initial performance test, no later than 3 years 
after a state plan is approved or no later than 5 years after the date 
of promulgation of the final rule, whichever of these dates is earlier.
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    \16\ For units that start-up between August 31, 2020 and the 
date that is 6 months after publication of the final rule, the 
initial performance test must be conducted within 60 days after your 
OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup, or by the date 240 
days after publication of the final rule (currently estimated by the 
EPA to be on or about February 28, 2022), whichever date is later.
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    The proposed substitute means of compliance demonstration relies on 
the availability of the results of performance tests conducted on 
potentially representative sources in the EPA's WebFIRE database. One 
way the EPA envisions this option could be implemented is through one 
or more testing coordinators that would develop a testing protocol and 
conduct performance tests for representative units from similar source 
groups.17 18 For example, each owner/operator opting to use 
the substitute means of compliance demonstration would submit to a 
testing coordinator information on its small OSWI unit, including unit 
design, operations information and waste profiles. It is our 
expectation that the testing coordinator would review the data provided 
and identify a representative unit for each similar source group, 
establish the waste profile for the similar source group, and 
coordinate and/or conduct the performance test on the representative 
unit from the similar source group. The results of the test could then 
be used to demonstrate initial compliance by owners and operators of 
any small OSWI unit for which the test is representative. To aid 
implementation of this option, the EPA intends to provide a grant or 
contract to testing coordinators. To conserve resources, if there are 
multiple testing coordinators, the testing coordinators should work 
together in conducting performance tests in order to provide 
performance test results that will be representative for the largest 
number of small OSWI units.
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    \17\ A ``testing coordinator'' may be, for example, a state or 
university that would collect waste data from a group of sources, 
form similar groups of facilities based of the information provided, 
develop a testing protocol, and conduct performance tests for 
representative units from similar source groups.
    \18\ ``Similar source groups'' may include units of similar 
throughput, method of processing and burning waste, operating 
temperatures, waste variability, and estimated waste profiles. It is 
expected that a performance test conducted on one unit in a similar 
source group would likely be representative for all of the units in 
the similar source group. The proposed option would allow for a 
testing coordinator to have some latitude to determine what 
constitutes a similar source group. For example, the testing 
coordinator would have the discretion to test representative units 
for existing sources (constructed on or before August 31, 2020), and 
new sources (constructed after August 31, 2020), from similar source 
groups separately. Alternatively, the testing coordinator might be 
able to select a new source (e.g., a model unit constructed after 
August 31, 2020, that has a similar design that would be carried 
forward into future years) from a similar source group that is also 
similar to existing sources. In this latter case, if the new unit 
tested is able to demonstrate initial compliance with the emissions 
limits for VSMWC and IWI units under the NSPS and EG, then both the 
existing and new units described by the similar source group may be 
able to use the test data to demonstrate initial compliance.
---------------------------------------------------------------------------

    Another way that the EPA envisions this representative testing 
alternative might be implemented is if owners and operators of small 
OSWI units that are similar in design and operation and burn the same 
waste types combine resources. One small OSWI unit in the group would 
be tested, and once the results are available in WebFIRE, that 
performance test would be used to demonstrate initial compliance for 
any small OSWI unit for which the test is representative.
    Beginning on the effective date for new sources (6 months after 
publication of the final rule in the Federal Register), and until the 
owner/operator identifies a representative performance test, each 
owner/operator of a small OSWI unit would be required to collect data 
on a weekly basis to characterize the unit operations and the waste 
profiles for the OSWI unit. The waste profile information would be used 
to capture the differing waste streams and waste variability for the 
unit in order to develop a representative waste profile. The owner/
operator would use these data to locate the results of a representative 
performance test in the

[[Page 54191]]

EPA's WebFIRE database. The owner/operator would submit information on 
the representative performance test and documentation of how the 
performance test is representative for their small OSWI unit (e.g., 
based on the unit type and design, charge rate, operating temperatures, 
types of waste burned, and any air pollution control devices) to the 
Administrator through the EPA's Central Data Exchange (CDX) using the 
Compliance and Emissions Data Reporting Interface (CEDRI). Owners and 
operators would maintain a record (i.e., copy) of the representative 
performance test report (acquired from the EPA's WebFIRE database) and 
the submitted documentation of how the test is representative.
    Because we anticipate this approach would need to afford time for 
testing coordinators to determine similar source groups, develop 
testing protocols, and coordinate with each other, owners and operators 
of existing and new small units who wish to use the substitute means of 
compliance demonstration are encouraged to submit their notification of 
intent to use the substitute means of compliance demonstration and 
identify their waste variability and waste characterization and profile 
data as soon as possible following the promulgation of the final rule. 
We note that, if this alternative initial compliance option is 
finalized, owners and operators who do not provide their initial waste 
characterization data to a testing coordinator in a timely manner could 
miss the opportunity to avail themselves of this option due to the 
amount of planning, time, and resources required for coordinators to 
perform these tests as well as the fact that their unit may not be of 
the similar source group tested. Owners and operators who cannot find a 
representative test conducted for a unit that is similar to their units 
would be required to conduct their own initial performance tests. 
Because the compliance date for new sources is earlier than the 
compliance date for existing sources, and it is uncertain how many 
tests could be conducted with the EPA-supplied grant or contract money, 
owners and operators of existing sources are encouraged to start 
collecting information that would be useful in conducting similar 
sources tests and submit this information to the testing coordinators 
as soon as possible. This will greatly increase the likelihood that a 
representative test is available in the WebFIRE database prior the 
compliance deadline.\19\
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    \19\ When deciding the sources to test, a testing coordinator 
has multiple options: (1) Select an existing source similar to other 
existing sources; (2) select a unit that is representative of both 
new and existing sources; (3) select a new source that is similar to 
other new sources; and (4) select a unit with a design that would be 
carried forward into future years. The decision on which sources 
will be tested will be based in part on the pool of data that is 
available to the testing coordinator at the time that the testing 
protocols are developed. If the testing coordinator does not have 
data on existing sources, it may not be feasible to conduct 
performance tests that are representative for any existing units. If 
a performance test is conducted on an existing unit, it must, among 
other things, demonstrate initial compliance with the emissions 
limits for new units in order for a new unit to use it as a 
representative performance test.
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    We anticipate that the testing coordinators would be able to 
complete testing on OSWI units that are representative of most existing 
and new small units and submit the results of the testing within 18 
months of the date of publication of the final rule. The testing 
results for these potentially representative units will be submitted to 
the EPA's CEDRI, and would then be available to owners and operators in 
the EPA's WebFIRE database. (See section II.B.6 of this preamble for a 
discussion of electronic reporting.) We are proposing a time period of 
21 months following the date of publication of the final rule in the 
Federal Register or 60 days after the OSWI unit reaches the maximum 
charge rate at which it will operate, but no later than 180 days after 
initial startup, whichever date is later, for owners and operators of 
small OSWI unts to identify a representative performance test in 
WebFIRE and submit information to the Administator identifying the 
representative performance test. This period allows time for a testing 
coordinator conducting the test to develop the testing protocol, 
conduct performance tests, and electronically submit the results of the 
test through CEDRI; for the EPA to transfer these results to the EPA's 
WebFIRE database; and for owners and operators to find a representative 
performance test and submit information on how it is representative to 
the Administrator.
    For demonstrating continuous compliance, we are also proposing, for 
small OSWI units, an alternative waste characterization option in lieu 
of the current annual performance testing requirements, as many of the 
concerns about the availability or feasibility of initial testing for 
small OSWI units also apply to annual testing. We are proposing the 
alternative continuous compliance option for small OSWI units in lieu 
of annual testing (or the requirements to conduct testing less often 
than annual for specific pollutants) because the option is a more 
readily available compliance option for units with rudimentary designs 
or units without a stack and the costs associated with waste stream 
characterization are less prohibitive than those for an annual stack 
test. This alternative continuous compliance demonstration option 
includes periodic, robust operational recordkeeping in lieu of 
conducting an annual performance test. Following the facility's initial 
performance test or representative performance test (if using the 
substitute means of compliance demonstration), an owner/operator would 
demonstrate continuous compliance through recordkeeping. The 
recordkeeping requirements would include recording the source-specific 
waste profiles and incinerator unit operating parameters, including the 
daily average charge rate and the 3-hour average combustion chamber 
temperature of the unit. To demonstrate compliance, the weekly records 
of the source-specific waste profile would need to indicate that the 
waste combusted is consistent, within +/- 15 percent by weight, of the 
percentage established for that waste category according to the waste 
profiles established during the representative performance test (if 
using the substitute means of compliance demonstration) or the 
facility's initial performance test.\20\ Additionally, the records 
would need to demonstrate that the unit is operated within the charge 
rate and temperature ranges established during the initial performance 
test or the representative performance test.
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    \20\ If, for example, the paper component of the waste stream 
during initial testing was 20 percent then burning waste streams 
with a paper component between 5 and 35 percent of the total waste 
stream would be acceptable weekly operation and, assuming all other 
requirements are met, additional testing would not be required for 
the source.
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    If the facility anticipates combusting a waste stream with a 
different profile, the owner/operator would be required to conduct a 
performance test of the unit with a waste stream representative of the 
new waste profile, or, alternatively, identify a representative 
performance test report in the WebFIRE database, before combusting the 
modified waste stream (i.e., the owner or operator must identify that 
the unit is of similar throughput, method of processing and burning 
waste, charge rate, operating temperatures, waste management plan, 
estimated waste variability and waste profiles to the representative 
unit). Similarly, if the facility anticipates exceeding or operating 
outside of the established operating parameter ranges, the owner/
operator would be required to conduct a performance test of the unit 
while operating at the new parameter limits (or find a representative

[[Page 54192]]

performance test with those operating parameter limits in the WebFIRE 
database) to confirm that the unit continues to meet the OSWI emission 
standards under the new operating parameter limits. Failure to comply 
with the retesting requirement would constitute a deviation from the 
OSWI standards.
    Finally, we are proposing to modify the monitoring requirements for 
small OSWI units that use the alternative continuous compliance option 
in lieu of complying with the annual performance testing requirements 
by removing the requirement for CO and oxygen CEMS. We are proposing 
this change for the same reasons that we are proposing an alternative 
to the annual performance test. In addition to the cost of maintaining 
CEMS, part of calibrating a CEMS generally requires an annual stack 
test to verify the operation of the CEMS. Relieving owners and 
operators of small OSWI units of the obligation to conduct an annual 
performance test without likewise removing the requirement for CEMS, 
which includes performing an annual stack test, would not achieve the 
stated goals and benefits of removing the annual performance test.
    For OSWI units other than small OSWI units, we are also proposing 
that such units may use CO CEMS data in lieu of initial and annual 
testing for CO, provided the CEMS has been previously certified and is 
meeting the ongoing quality assurance/quality control requirements. 
Facilities that use this option would be allowed to use a 12-hour 
rolling average of the 1-hour arithmetic average CEMS data to determine 
compliance with the CO emission limitations. However, the initial 
performance evaluation (certification) must be conducted prior to 
collecting CEMS data for the initial compliance demonstration. Under 
the proposed rules, such units could also use CO CEMS data in lieu of 
conducting an annual performance test for CO. This proposed change 
would provide flexibility for sources and reduce the burden associated 
with testing, while assuring compliance based on continuously measured 
emissions data.
5. Proposed Recordkeeping and Reporting Revisions
    We are proposing several revisions to the recordkeeping and 
reporting requirements. A number of proposed recordkeeping changes are 
associated with the proposal to establish--for small OSWI units--a 
substitute compliance demonstration option (for initial performance 
testing, as well as continuous compliance testing). For small OSWI 
units using the substitute compliance demonstration process, we propose 
(in connection with the initial compliance test requirement) owners and 
operators will be required to maintain records of the notification of 
intent to use the substitute means of compliance demonstration and the 
documentation demonstrating the design, operation, and unit capacity, 
copies of the initial waste characterization and operating data, and 
documentation related to the representative (substitute) performance 
test and how the test is representative of the unit. The new proposed 
recordkeeping requirements for owners and operators of small OSWI 
units--and associated with the proposed substitute continuous 
compliance requirements--include records on such particulars as unit 
start and end times of operation, the quantity or weight of each waste 
type (e.g., pounds of solid waste, food waste, wood or yard waste), the 
quantities of supplemental fuels burned (flow rate or percentage of 
operating time), percentage of each waste type of total waste burned, 
and the temperature (three-hour average) and charge rate (TPD), and 
records for units using air pollution controls such as a wet scrubber, 
dry scrubber, electrostatic precipitator, or fabric filters. The 
proposed recordkeeping is intended to help ensure that small OSWI units 
that choose the proposed substitute continuous compliance option are 
able to demonstrate compliance with the emission and operating limits 
of the OSWI standards. Among other things, the recordkeeping 
requirements help to demonstrate that the waste types burned by small 
OSWI units are within +/-15 percent of the percentages established for 
each waste category according to the profiles established during the 
initial performance test or representative performance test.
    We are also proposing reporting-related changes, especially changes 
associated with the substitute compliance testing program for small 
OSWI units. For example, we are proposing--for small OSWI units using 
the substitute continuous compliance option--that owners and operators 
would be required to include in annual reports a statement that there 
were no deviations from the weekly waste characterization requirements 
and the unit has been operated within the operating parameter limits. 
The proposed recordkeeping and reporting is intended to help ensure 
that there is adequate information available to determine compliance 
with the standards and the severity of any failure to meet a standard, 
and to further assure compliance with the standards at all times. We 
are also proposing to clarify the timeline for submittal of an annual 
report for owners and operators that choose to comply with the 
substitute means of compliance in lieu of an initial performance test; 
for these units, an annual report must be submitted no later than 12 
months following the submission of the representative performance test 
and the description of the how the test is representative for the OSWI 
unit.
    We are also proposing to revise the recordkeeping and reporting 
requirements for deviations, which apply to both large and small OSWI 
units. Currently, these requirements focus on identifying malfunctions 
and deviations from the emission limitations or operating limits that 
apply, including whether any monitoring system used to determine 
compliance with the emission limitations or operating limits was 
inoperative, inactive, malfunctioning or out of control. We are 
proposing several additional requirements to clarify that a deviation 
includes any ``failure to meet an applicable standard'' and what must 
be recorded and reported. The proposed changes include the following:
     Revising the definition of ``deviation'' to remove 
language for periods of SSM, as discussed in section II.B.3 of this 
preamble.
     Revising 40 CFR 60.2932(c) and 40 CFR 60.3033(c) to 
clarify the alarm time that constitutes a deviation from the operating 
limit for OSWI units with fabric filters and bag leak detection 
systems.
     Revising 40 CFR 60.2932(d) and 40 CFR 60.3033(d) to 
include deviations from the weekly waste characterization requirements, 
provide for performance testing when the waste profile of the OSWI unit 
is modified, and clarify that failure to conduct a performance test or 
identify a representative test when the waste profile has changed 
constitutes a deviation.
     Revising 40 CFR 60.2942(f) and 40 CFR 60.3033(f) to 
clarify that, for OSWI units using CEMS, failure to collect required 
data is a deviation of the monitoring requirements.
     Revising 40 CFR 60.2949 and 40 CFR 60.3046 to specify that 
facilities must retain a record identifying the calendar dates, times, 
and durations of malfunctions and a description of the failure and the 
corrective action taken.
     Revising 40 CFR 60.2956(e) and 40 CFR 60.3051(e) to 
clarify that for OSWI units with CMS, the annual report must include a 
statement that there were no periods during which the CMS were

[[Page 54193]]

inoperative, inactive, malfunctioning or out of control.
     Removing deviation reporting requirements (40 CR 
60.2956(g); 40 CFR 60.3051(g)) previously included as part of the 
annual report to remove redundant reporting; these requirements are 
included in the deviation report submitted on a semiannual basis (40 
CFR 60.2958; 40 CFR 60.3053).
     Modifying the annual reporting requirements in 40 CFR 
60.2956 and 40 CFR 60.3051 to require facilities to provide a statement 
that there was no deviation identified from the weekly waste 
characterization (i.e., the waste types burned are within 15-percent 
variation of the profiles established during the initial performance 
test) and the unit has been operated within the charge rate and 
temperature ranges established when no deviations have occurred during 
the reporting period.
     For deviation reporting, revising the title of 40 CFR 
60.2957 and 60.3052 to ``What other reports must I submit if I have a 
deviation?'', and reorganizing these sections to be consistent with the 
definition of ``deviation'' and in order to better reflect the types of 
deviations which must be reported.
     Clarifying the requirements of 40 CFR 60.2958 and 40 CFR 
60.3053 to clarify the contents of the deviation report, including 
identifying the calendar dates, times, and durations of any deviations 
and a description of any corrective actions taken, and adding new 
requirements to report deviations from the weekly waste 
characterization and operating parameter limits established for small 
OSWI units.
    We are proposing additional changes to the recordkeeping and 
reporting requirements that include consistency edits based on the 
proposed revisions to allow for use of CO CEMS data in lieu of annual 
testing for CO (for OSWI units that have capacities greater than 10 
TPD), and proposed revisions to the monitoring requirements that ensure 
consistency with other CAA section 129 rules (e.g., adding operating 
parameters for controls other than a wet scrubber that may be employed 
for OSWI units and clarifying the frequency of the data recording or 
averaging for each required operating parameter). These proposed 
changes to the monitoring requirements are described further in 
sections II.B.4 and II.B.8 of this preamble.
6. Proposed Requirements for Electronic Reporting
    The EPA is proposing that owners and operators of OSWI units submit 
electronic copies of required performance test reports, performance 
evaluation reports, deviation reports, and annual compliance reports 
through the EPA's CDX using CEDRI. A description of the electronic data 
submission process is provided in the memorandum, Electronic Reporting 
Requirements for New Source Performance Standards (NSPS) and National 
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, which 
is available in the docket for this action. The proposed rule requires 
that performance test results collected using test methods that are 
supported by the EPA's Electronic Reporting Tool (ERT) as listed on the 
ERT website \21\ at the time of the test be submitted in the format 
generated through the use of the ERT, or an electronic file consistent 
with the extensible markup language (XML) schema on the ERT website, 
and that other performance test results be submitted in portable 
document format (PDF) using the attachment module of the ERT. 
Similarly, performance evaluation results of CEMS measuring relative 
accuracy test audit pollutants that are supported by the ERT at the 
time of the test must be submitted in the format generated through the 
use of the ERT, or alternatively, an electronic file consistent with 
the XML schema on the ERT website, and other performance evaluation 
results, be submitted in PDF using the attachment module of the ERT.
---------------------------------------------------------------------------

    \21\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    For deviation reports and annual compliance reports, the proposed 
rule requires that owners and operators use the appropriate spreadsheet 
template to submit information to CEDRI. A draft version of the 
proposed templates for these reports is included in the docket for this 
action.\22\ The EPA specifically requests comment on the content, 
layout, and overall design of the templates. Facilities would have 1 
year from the date of publication of the final rule, or once the 
reporting forms have been made available in CEDRI for at least 1 year, 
whichever date is later, to submit these reports.
---------------------------------------------------------------------------

    \22\ See OSWI_Annual_Report_Template.xlsx and 
OSWI_Deviation_Report_Template.xlsx, available at Docket ID. No. 
EPA-HQ-OAR-2003-015.
---------------------------------------------------------------------------

    Additionally, the EPA has identified two broad circumstances in 
which electronic reporting extensions may be provided. In both 
circumstances, the decision to accept the claim of needing additional 
time to report is within the discretion of the Administrator, and 
reporting should occur as soon as possible. The EPA is providing these 
potential extensions to protect owners and operators from noncompliance 
in cases where they cannot successfully submit a report by the 
reporting deadline for reasons outside of their control. The situation 
where an extension may be warranted due to outages of the EPA's CDX or 
CEDRI that preclude an owner or operator from accessing the system and 
submitting required reports is addressed in 40 CFR 63.2961(d) and 40 
CFR 63.3056(d). The situation where an extension may be warranted due 
to a force majeure event, which 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 an owner or operator from complying with the 
requirement to submit a report electronically as required by this rule 
is addressed in 40 CFR 63.2961(e) and 40 CFR 63.3056(e). Examples of 
force majeure events are acts of nature, acts of war or terrorism, or 
equipment failure or safety hazards beyond the control of the facility. 
See proposed requirements at 40 CFR 60.2961 and 40 CFR 60.3056.
    The electronic submittal of the reports addressed in this proposed 
rulemaking will increase the usefulness of the data contained in those 
reports, is in keeping with current trends in data availability and 
transparency, will further assist in the protection of public health 
and the environment, will improve compliance by facilitating the 
ability of regulated facilities to demonstrate compliance with 
requirements and by facilitating the ability of delegated state, local, 
tribal, and territorial air agencies and the EPA to assess and 
determine compliance, and will ultimately reduce burden on regulated 
facilities, delegated air agencies, and the EPA. Electronic reporting 
also eliminates paper-based, manual processes, thereby saving time and 
resources, simplifying data entry, eliminating redundancies, minimizing 
data reporting errors, and providing data quickly and accurately to the 
affected facilities, air agencies, the EPA, and the public. Moreover, 
electronic reporting is consistent with the EPA's plan \23\ to 
implement Executive Order 13563 and is in keeping with the EPA's 
Agency-wide policy \24\ developed in response to the White House's 
Digital Government

[[Page 54194]]

Strategy.\25\ For more information on the benefits of electronic 
reporting, see the memorandum, Electronic Reporting Requirements for 
New Source Performance Standards (NSPS) and National Emission Standards 
for Hazardous Air Pollutants (NESHAP) Rules, referenced earlier in this 
section.
---------------------------------------------------------------------------

    \23\ The EPA's Final Plan for Periodic Retrospective Reviews of 
Existing Regulations, August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \24\ E-Reporting Policy Statement for EPA Regulations, September 
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \25\ Digital Government: Building a 21st Century Platform to 
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

7. Proposed Revisions to Title V Permitting Requirements for ACIs 
Burning Only Wood Waste, Clean Lumber, and Yard Waste
    The 2005 OSWI rule contains a regulatory requirement that ACIs that 
burn only wood waste, clean lumber, and yard waste must apply for an 
obtain a tile V operating permit. The EPA is proposing to eliminate 
this regulatory title V permitting requirement for such ACIs that are 
not located at a major source or subject to title V for other reasons. 
The EPA has received feedback from several states indicating that the 
title V requirements are unnecessarily burdensome and expensive for 
states to maintain for these ACIs. Based on available data, ACI that 
burn exclusively wood waste, clean lumber, and yard waste are commonly 
located at facilities that would not otherwise require a title V 
operating permit.\26\
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    \26\ CAA section 129(e) generally requires title V permits for 
``solid waste incineration units.'' Under CAA section 129(g)(1), 
however, the term ``solid waste incineration unit'' does not include 
air curtain incinerators that only burn wood wastes, yard wastes, 
and clean lumber (and that comply with opacity limitations). In 
addition, in our view, the opacity limitations applicable, under CAA 
129, to such ACIs are not standards or regulations ``under section 
7411,'' such that the ACIs would be subject to a title V permitting 
requirement under CAA section 502(a).
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    In previous rulemaking, we provided for title V permitting for 
these ACIs for various reasons, as explained in the final OSWI rule (70 
FR 74884-74885, Decemeber 4, 2005). In particular, we believed 
initially that compliance with a title V permit was necessary to assure 
compliance with the opacity requirements established for such 
incinerators. In this rulemaking we are reconsidering the need for a 
regulatory requirement for title V permitting for these air curtain 
incineration units that are only subject to an opacity limitation and 
related requirements to assure compliance, because such units are not 
considered solid waste incineration units under section 129. Also, 
based on input from various states on the burdens and costs of title V 
permitting for such incinerators, we no longer believe it is 
appropriate or necessary to require title V permitting.
8. Proposed Technical Edits, Clarifications, and Additional Revisions 
To Improve the OSWI Standards
    We are proposing several additional technical corrections, 
harmonizing changes, clarifications, and improvements to the OSWI 
standards that are intended to improve the understanding of the rule 
and to improve consistency with other CAA section 129 rules.
    We are proposing several harmonizing changes throughout the OSWI 
standards, in keeping with the proposed revisions discussed in sections 
II.B.1 through 7 of this preamble, to incorporate the revised emission 
limits, operating limits, alternatives to testing and monitoring, and 
recordkeeping and reporting. These harmonizing changes include 
incorporation of compliance dates and other revisions to clarify 
applicability of existing requirements to small OSWI units, such as 
revisions to the title of the standards to remove old compliance dates; 
redefining when a small OSWI unit is considered a new or existing 
incineration unit based on date of construction, reconstruction, or 
modification; clarifying the timeline for when the changes for small 
OSWI units become effective; and updating the timeline for the 
submittal of an operator training course, site-specific documentation, 
conduct of the initial performance test or substitute means of 
compliance demonstration, and submittal of title V reports for small 
OSWI units. For the emission guidelines, the proposed changes also 
include specifying the timeline of submittal and approval for revisions 
to state plans to include the requirements for small OSWI units, the 
compliance schedule that must be included in state plans, and the EPA's 
authority to implement and enforce a federal plan if a state plan is 
not approved. We are also proposing changes that would clarify and 
improve the organization of the rule, enhance readability, and improve 
compliance.
    In some cases, we are proposing to remove redundant language, for 
example, 40 CFR 60.2970(b) and 40 CFR 60.3062(b). These paragraphs 
repeat the requirements for ACIs burning only 100-percent wood waste, 
clean lumber, yard waste, or a mixture of these wastes, which are 
already provided in 40 CFR 60.2888(b) and 40 CFR 60.2994(b). We are 
also proposing revisions to add or correct cross-references to add 
clarity to existing requirements; for example, we are proposing to 
clarify the implementation and enforcement authorities in 40 CFR 
60.2889 and 40 CFR 60.2990 that are not transferred to state, local, or 
tribal authorities by adding cross-references to specific rule 
provisions. Similarly, we are proposing to clarify 40 CFR 60.2966 and 
40 CFR 60.3059 to specify that units must obtain a title V operating 
permit based on when they meet the applicability criteria for OSWI 
units.
    We are proposing additional clarifications that would improve 
compliance with the existing requirements; for example, we are adding a 
requirement that the incinerator operator training course under 40 CFR 
60.2905(c) and 40 CFR 60.3014(c) must include coverage of good 
combustion practices as well as waste characterization procedures, and 
related actions for prevention and correction of malfunctions, which 
must be included to maintain operator qualifications and kept in 
required site-specific documentation. These clarifications ensure that 
owners and operators will be aware of good combustion practices that 
reduce the products of incomplete combustion and prevent conditions 
that lead to malfunctions. Similarly, we are adding a provision to 40 
CFR 60.2911 and 40 CFR 60.3020 to clarify the qualified operator 
requirements for batch units. Because batch units are designed to 
provide for flexibility in operation and allows for owner or operator 
discretion for the timing of individual batches, we have added a 
requirement that batch units must have a qualified operator accessible 
at times during the operation of the unit.
    In several cases, we are proposing revisions such that the OSWI 
standards are more consistent with the monitoring requirements in other 
CAA section 129 rules. For example, the 2005 final OSWI standards only 
provide operating requirements for wet scrubbers as an air pollution 
control device. We are proposing to include operating limits and 
operating parameter monitoring requirements for additional controls 
that may be employed for OSWI units, including dry scrubbers, 
electrostatic precipitators, and fabric filters (see proposed 40 CFR 
60.2916 and Table 2 to subpart EEEE; 40 CFR 60.3023 and Table 3 to 
subpart FFFF). Additionally, we are proposing to clarify that OSWI 
units that use an alternate method for air pollution control beyond a 
wet scrubber, dry scrubber, electrostatic precipitator, or fabric 
filter, including other methods such as material balance, may petition 
the EPA for specific operating parameter limits in these cases. The 
proposed requirements would add flexibility for facilities by

[[Page 54195]]

expanding the control options available. In addition, we are proposing 
to revise the requirements for owners and operators of OSWI units using 
control options to require that the minimum operating parameters (e.g., 
combustion operating chamber temperature, pressure drop, liquid flow 
rate, etc.) established for initial compliance are calculated based on 
the lowest 1-hr average as measured during the most recent performance 
test (or representative performance test) demonstrating compliance. The 
current OSWI standards require that these parameters are calculated 
using the average as measured during the most recent performance test. 
Similarly, we are proposing to revise the continous compliance 
requirements to specify the averaging times for continous compliances 
for operating parameters for the extended control options (which is 
generally based on three-hour rolling averages). The proposed revisions 
include harmonizing edits to the recordkeeping and reporting 
requirements. The proposed revisions would provide additional 
flexibility for owners and operators and are consistent with other CAA 
section 129 rules.
    We are also proposing, for consistency with other CAA section 129 
rules and so that the standards apply at all times, to revise the 
compliance requirements for OSWI units that require continuous 
monitoring to clarify that the 12-hour rolling average values must 
include CEMS data during startup and shutdown. We are adding a 
definition of ``CEMS data during startup and shutdown'' and specifying 
that such data are not corrected for O2 content when 
estimating averages. The proposed changes also include revisions to the 
equations used to calculate the 12-hour rolling average for CO and the 
associated recordkeeping and reporting requirements.
    Other proposed minor corrections, clarifications, and edits for 
consistency with the proposed revisions in sections II.B.1 through 
II.B.7 of this preamble include:
     Updating 40 CFR 60.2890 and 40 CFR 60.2998 to clarify the 
principal components of the subparts include definitions and table.
     For existing units, adding new section 40 CFR 60.3003 to 
clarify that certain substitute means of compliance demonstration 
requirements must be completed prior to the compliance date.
     Modifying 40 CFR 60.2910 to 40 CFR 60.3019 to clarify that 
site-specific documentation must include procedures for establishing 
initial and continuous compliance, such as procedures to determine 
waste characterization.
     Updating requirements for initial and annual performance 
tests such that they must be conducted according to the methods and 
meet the revised emissions limitations specified in Tables 1 through 1b 
to subpart EEEE and Tables 2 and 2b to subpart FFFF, as applicable.
     Updating 40 CFR 60.2922(e), 40 CFR 60.2940(c), 40 CFR 
60.3027(e), and 40 CFR 60.3039(c) to add references to ANSI/ASME PTC 
19.10-198 Part 10 (2010), ``Flue and Exhaust Gas Analyses'' (previously 
approved as an alternative method to EPA Method 3B in the 2005 OSWI 
rule).
     Proposing to add an additional test method, ASTM D7520-16, 
``Standard Test Method for Determining the Opacity of a Plume in the 
Outdoor Ambient Atmosphere,'' as an acceptable alternative to EPA 
Method 9 for opacity. This test method was identified as an acceptable 
alternative to EPA Method 9 when specific provisions are followed, as 
discussed in section V.J of this preamble.
     Revising 40 CFR 60.2932(d) and 40 CFR 60.3033(d) to 
specify that small OSWI units using control devices must continuously 
monitor operating parameters and specifying the averaging values to 
demonstrate continuous compliance.
     Revising 40 CFR 60.2939 and 40 CFR 60.3038 (requirements 
for installation and calibation of CEMS) such that they apply only to 
OSWI units with a capacity greater than 10 TPD.
     Clarifying the installation and calibration requirements 
for operating parameter equipment in 40 CFR 60.2944 and 40 CFR 60.3043, 
including adding new requirements for bag leak detection systems.
     Revising 40 CFR 60.2949(b) and 40 CFR 60.3046(b) to 
incorporate recordkeeping for data from OSWI units that use an 
alternate method for air pollution control beyond a wet scrubber, dry 
scrubber, electrostatic precipitator, fabric filter, or other method 
such as material balance.
     Clarifying that for CO CEMS, records of annual performance 
evaluations must be maintained (40 CFR 60.2949(g) and 40 CFR 
60.3046(g)).
     Adding a recordkeeping requirement for notifications 
submitted for excluded units, such as temporary-use incinerators.
     Revising 40 CFR 60.2954 to clarify that a copy of the 
waste management plan must be submitted following the initial 
performance test, for consistency with 40 CFR 60.3049(c).
     Clarifying that for facilities with a title V permit, the 
permit may address the submittal timeline of the annual report (40 CFR 
60.2955, 40 CFR 60.3050).
     Minor clarifications to the content of the annual reports 
and deviation reports, including what information must be submitted if 
a performance test is conducted during the annual period and what 
information may be excluded if the reports are submitted via CEDRI (40 
CFR 60.2956, 40 CFR 60.3051).
     Removing outdated requirements for timelines for submittal 
of title V permits for OSWI units constructed prior to promulgation of 
the final rule.
     Other minor grammatical or technical edits (e.g., 
corrections to typographical errors or cross-references within existing 
provisions, or to clarify existing provisions).

C. What compliance dates are we proposing?

    We are proposing compliance dates for the amended rule in 
accordance with CAA section 129(f). The compliance date depends on 
whether the OSWI unit is small and whether the OSWI unit is a new or 
existing unit.
    Under the proposed rule, OSWI units with a capacity greater than 10 
TPD--continue, with limited changes, to be subject to the requirements 
of the current OSWI standards--either the NSPS or to a plan promulgated 
pursuant to the EG, respectively.\27\ With certain exceptions 
(discussed below), these sources will continue to follow the emission 
and operating limits, including compliance, monitoring, and testing 
provisions, associated with the current OSWI standards; therefore, the 
compliance dates are unchanged from the current OSWI standards. For new 
large OSWI units, some limited requirements apply before construction 
is initiated and, otherwise, the limits apply when the unit begins 
operation (see 40 CFR 60.2881). For existing large OSWI units (that is, 
units constructed on or before December 9, 2004), CAA section 129(f)(2) 
provides that performance standards and other requirements shall be 
effective as expeditiously as practicable after approval of a state 
plan or promulgation of a federal plan, but in no event later than 5 
years after such standards or requirements are promulgated. Therefore, 
consistent with the current

[[Page 54196]]

OSWI standards, compliance for existing sources must be demonstrated no 
later than three years after the effective date of a state plan 
approval or December 16, 2010, whichever is earlier.
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    \27\ Consistent with the OSWI standards, if you commenced 
construction of an OSWI unit with a capacity greater than 10 TPD on 
or before December 9, 2004, you were considered an existing unit, 
subject to a plan promulgated pursuant to the EG (see 40 CFR 
60.2981). Otherwise, if you commenced construction after December 9, 
2004, or if you commenced reconstruction or modification on or after 
June 16, 2006, you were considered a new OSWI unit, subject to the 
NSPS (40 CFR part 60, subpart EEEE).
---------------------------------------------------------------------------

    We recognize that our action proposes to make some changes to the 
OSWI standards, as applicable to existing large OSWI units, including 
eliminating the SSM provisions at 40 CFR 60.3025 and adding electronic 
reporting. The elimination of the SSM provisions does not necessitate 
the installation of additional technological controls, but rather 
ensures more continuous application of the emission limitations and 
operating limits. And, as previously noted, the proposed electronic 
reporting provisions ultimately will reduce burden on regulated 
facilities, delegated air agencies, and the EPA. Electronic reporting 
also eliminates paper-based, manual processes, thereby saving time and 
resources, simplifying data entry, eliminating redundancies, and 
minimizing data reporting errors. Accordingly, for existing large OSWI 
units, we propose that these changes to the current OSWI EG--the 
elimination of the SSM provision and the addition of electronic 
reporting--will be effective the date the state plan is approved (or 
after a federal plan is promulgated), but not later than 5 years after 
the date of publication of the final rule (here, not later than on or 
about May 31, 2026, assuming a final rule reflecting this proposed 
action is promulgated on or about May 31, 2021).
    As for small OSWI units, we are proposing revised MACT standards 
and revised compliance, monitoring, and testing requirements. For new 
sources, CAA section 129(f)(1) requires that performance standards and 
other requirements shall be effective 6 months after the promulgation 
of the final rule (here, on or about November 30, 2021, assuming a 
final rule reflecting this proposed action is promulgated on or about 
May 31, 2021). For these purposes, a new small OSWI unit is a unit that 
commenced construction after August 31, 2020, or commenced modification 
or reconstruction on or after the effective date of the final rule (on 
or about November 30, 2021). We are proposing that these new units must 
demonstrate compliance no later than 6 months after promulgation of the 
final rule (on or about November 30, 2021), or the date the unit first 
begins operation, whichever is later.
    For existing sources, CAA section 129(f)(2) requires that the 
performance standards and other requirements shall be effective not 
later than 3 years after the state plan is approved or 5 years after 
the date such standards or requirements are promulgated (here, on or 
about May 31, 2026), whichever is earlier. For these purposes, an 
existing small OSWI unit is one for which construction commenced on or 
before August 31, 2020. So, for such small OSWI units, we are proposing 
a compliance date of 5 years after the date the emission standards or 
requirements are promulgated (here, on or about May 31, 2021)--or May 
31, 2026--or 3 years after the effective date of a state plan approval, 
whichever is earlier. Incineration units with a capacity less than 10 
TPD that were constructed prior to August 31, 2020 and that are subject 
to a current OSWI standard must continue to comply with the current 
standard until the compliance date of the OSWI standards for these 
sources is revised in accordance with this proposal. Existing solid 
waste incinerators that were constructed prior to August 31, 2020, and 
are subject to other incinerator standards or requirements (such as the 
CISWI rule) that would be subject to the OSWI standards as revised in 
accordance with this proposal, must continue to comply with such other 
applicable incinerator standards or requirements until the effective 
date (or final compliance date) of these revised OSWI standards (not 
later than 5 years after the date of publication of the final rule, or 
on or about May 31, 2026).

III. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    The EPA estimates that there are approximately 174 OSWI units at 
157 facilities that would be affected by the proposed amendments. The 
basis of our estimate of affected facilities is provided in the 
memorandum, Documentation of Data Gathering Efforts for Other Solid 
Waste Incineration (OSWI) Units, which is available in the docket for 
this action. We have not received any input on, and do not anticipate, 
any new sources over the next 3 years.

B. What are the air quality impacts?

    We anticipate a reduction of 31.3 tons per year of total CAA 
section 129 pollutants due to the proposed rule. We assumed no 
additional add-on controls would be needed to meet the proposed rule. 
Emission reductions would result from facilities reducing the 
quantities or pollutant-emission causing waste being burned to meet the 
emission limits. The proposed amendments would also eliminate the SSM 
exemptions and require that the OSWI standards be met at all times. As 
such, we expect that emissions during these periods would be minimized, 
which will protect public health and the environment. Additionally, the 
proposed amendments requiring electronic submittal of performance 
tests, deviation reports, and annual compliance reports will streamline 
reporting for affected sources, increase the usefulness of the data and 
improve data accessibility for the public, will further assist in the 
protection of public health and the environment, and will ultimately 
result in less burden on the regulated community.
    Indirect or secondary air emissions impacts are impacts that would 
result from the increased electricity usage associated with the 
operation of control devices (i.e., increased secondary emissions of 
criteria pollutants from power plants). Energy impacts consist of the 
electricity and steam needed to operate control devices and other 
equipment that would be required under this rule. The EPA expects no 
secondary air emissions impacts or energy impacts from this rulemaking.

C. What are the cost impacts?

    We anticipate that the proposed rule would ultimately result in a 
burden reduction for affected sources. To determine whether the 
proposed requirements would add to, or reduce, costs from what OSWI 
facilities are already incurring by complying with the current rule, we 
compared the costs for the new requirements with the costs incurred by 
meeting the current OSWI standards.
    We do not have sufficient information on the number of OSWI units 
that are in compliance with the current OSWI standards because the OSWI 
federal plan was not finalized, resulting in states not developing or 
incorporating the federal plan requirements into state rules. 
Additionally, the 2005 final OSWI rule did not require electronic 
reporting, and as such, we do not have internal compliance reports from 
existing facilities that would definitively demonstrate their 
compliance. Therefore, the number of units in compliance could 
conceivably have been zero. However, from our data gathering efforts, 
we are aware of several units that are complying with the OSWI 
standards. Therefore, the actual number is not zero, but is still 
unknown and likely low. In absence of a final federal plan and EPA-
approved state plans in most states, we have assumed 10 percent of the 
population of facilities operating OSWI units are in compliance with 
the current rule.To develop baseline costs, we assumed no additional 
add-on control would be necessary for the 10 percent of facilities

[[Page 54197]]

to meet the current limit. However, we included the initial cost of 
testing, parametric monitoring systems, CO and oxygen CEMS because the 
current OSWI rule requires these systems. Annual compliance costs are 
comprised of annual testing of all OSWI units, parametric monitoring 
costs, CO and oxygen CEMS monitoring costs, and associated 
recordkeeping and reporting. We estimated the total capital investment 
for the 10 percent of facilities assumed to be in compliance with the 
current OSWI rule to be $5.65 million. We estimated the annual costs 
for the 10 percent of facilities assumed to be in compliance with the 
current OSWI rules to be $1.91 million.
    Based on available information, we believe that all facilities will 
likely be in compliance with the proposed emission limits in this 
action and no additional control will be required to meet the OSWI 
standards. The costs that would be incurred, if the proposal is 
finalized, are for initial compliance, continuous compliance, and 
recordkeeping and reporting. The proposal would require facilities to 
conduct an initial stack test, unless they demonstrate initial 
compliance following a substitute means of compliance demonstration. 
For these sources, the costs of initial compliance would be offset to 
testing coordinators (for which the EPA will provide grants or 
contracts). All facilities would be required to demonstrate continuous 
compliance based on their waste characterization and to keep records of 
waste profiles, charge rates, and operating parameters such as 
temperature. For this analysis, it was assumed that larger facilities, 
facilities owned by corporations, and facilities operated by the 
federal government would incur the expense of initial testing without 
federal grants. These units comprise 37 percent of the known OSWI 
sources, or 60 units. The total initial cost of compliance (for testing 
and recordkeeping) for the proposed OSWI standards is estimated to be 
$5.85 million and the annual compliance costs (for recordkeeping) are 
estimated to be $1.85 million.
    The resulting cost impacts of the proposed rule in comparison to 
the current rule is an additional $200,000 in capital investment, and a 
net burden reduction of $57,000 annually. The cost calculations are 
detailed in the memorandum, Costs and Impacts for Other Solid Waste 
Incinerators, which is available in the docket for this action.
    The EPA also provides an analysis of the compliance cost in present 
value and equivalent annual value form in the memorandum, Economic 
Impact Analysis for the Proposed Standards of Performance for New 
Stationary Sources and Emission Guidelines for Existing Sources: Other 
Solid Waste Incineration Units, which is available in the docket for 
this action. The economic impact analysis also presents a sensitivity 
analysis of the compliance costs impacts of the proposed amendments as 
a function of participation in the substitute means of compliance 
demonstration program that is described in this proposal.

D. What are the economic impacts?

    The proposed rule is burden reducing relative to the 2005 rule 
because it removes several requirements of the 2005 rule. Because the 
2005 rule has yet to be fully implemented, many, if not most, affected 
OSWI owner/operators will need to perform initial compliance actions 
and incur compliance costs on an ongoing basis. Because of the 
relatively small number of affected existing units (less than 200) and 
because the EPA does not anticipate affected new sources in the next 3 
years, the EPA expects minimal economic impacts under the proposal. As 
discussed in the economic impact analysis associated with the 2005 
rule, OSWI owner/operators may substitute landfilling services for 
incineration rather than perform compliance actions associated with 
this rule (see Docket Item No. EPA-HQ-OAR-2003-0156-0101). However, the 
rate at which owner/operators of OSWI units substitute the use of 
landfilling services rather than incur the costs of OSWI compliance is 
highly uncertain. Additionally, in the substitute means of compliance 
demonstration program, the EPA is proposing a mechanism that would 
reduce compliance costs and associated economic impacts while 
maintaining environmental protections. More information and details of 
this analysis is provided in the memorandum, Economic Impact Analysis 
for the Proposed Standards of Performance for New Stationary Sources 
and Emission Guidelines for Existing Sources: Other Solid Waste 
Incineration Units, which is available in the docket for this action.

E. What are the benefits?

    This action will likely lead to air quality improvements. The EPA 
estimates about 31 tons per year emission reductions in the CAA section 
129 pollutants as a result of the proposed amendments. The proposed 
amendments also revise the OSWI standards such that they apply at all 
times, which we expect will minimize emissions during these periods and 
protect public health and the environment. Additionally, the proposed 
amendments require electronic submittal of performance tests, deviation 
reports, and annual compliance reports, which will streamline reporting 
for affected sources and increase the usefulness of the data and 
improve data accessibility for the public. The electronic reporting 
requirements will, therefore, further assist in the protection of 
public health and the environment and will ultimately result in less 
burden on the regulated community. See section II.B.6 of this preamble 
for more information.

IV. Request for Comments

    We solicit comments on the proposed testing and compliance options, 
as discussed in section II.B.4 of this preamble. Specifically, we 
request that owners of affected or potentially affected units provide 
information on their unit or potential units, including waste 
characterization data, to characterize and categorize units for 
testing. The EPA is also interested in any additional information, 
including emissions data, that may be available, and whether facilities 
have completed testing. Additionally, we request comments on the 
proposed options for units combusting less than 10 TPD that would allow 
facilities to use a substitute means of compliance demonstration for 
initial compliance. We also request comment on the proposed annual 
compliance options that allow for recordkeeping of waste 
characterization and operating parameters in lieu of annual testing; 
specifically, we request any data or templates that may be used 
currently within industry to track the waste combusted and operations 
of OSWI units.

V. Statutory and Executive Orders Reviews

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 expected to be an Executive Order 13771 deregulatory 
action. Details on the estimated cost savings of this proposed rule can 
be found in the EPA's analysis of the potential costs and benefits 
associated with this action in section III of this preamble.

[[Page 54198]]

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to OMB under the PRA. The ICR documents 
that the EPA prepared have been assigned EPA ICR number 2163.07 for 40 
CFR part 60, subpart EEEE and EPA ICR number 2164.07 for 40 CFR part 
60, subpart FFFF. You can find a copy of the ICRs in the docket for 
this rule, and they are briefly summarized here.
    The EPA is proposing to revise 40 CFR part 60, subpart EEEE and 
subpart FFFF to include new requirements for subcategories of VSMWC or 
IWI units that have capacities equal to or less than 10 TPD. For units 
that have capacities equal to or less than 10 TPD, the EPA is proposing 
revised emission limits and a substitute means of compliance 
demonstration in lieu of initial and annual stack testing, add-on 
control devices, and CEMS. Units with a capacity to combust greater 
than or equal to 10 TPD would continue to meet the current testing, 
monitoring, and recordkeeping requirements of the NSPS or EG. 
Additionally, the EPA is proposing to remove the reporting requirements 
related to periods of SSM, because the emission limits will apply at 
all times. The EPA is also proposing electronic reporting requirements 
for submittal of certain reports and performance test results. The ICRs 
reflect only the incremental burden associated with the requirements of 
the proposed rules.
    Respondents/affected entities: Owners and operators of other solid 
waste incineration units.
    Respondent's obligation to respond: Mandatory (40 CFR 60, subparts 
EEEE and FFFF).
    Estimated number of respondents: 128.
    Frequency of response: Initially and annually.
    Total estimated burden: 5,817 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $2,150,000 (per year), includes $1,490,000 
annualized capital or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for the EPA. Since 
OMB is required to make a decision concerning the ICR between 30 and 60 
days after receipt, OMB must receive comments no later than September 
30, 2020. The EPA will respond to any ICR-related comments in the final 
rule.

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 notice of proposed rulemaking will 
reduce some regulatory requirements relative to those specified in the 
2005 OSWI rule. The December 2005 final OSWI 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 an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. While this action 
creates an enforceable duty on the private sector, the cost does not 
exceed $100 million or more.

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 has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. We believe that certain 
small OSWI units may be owned or operated by tribal governments or 
communities.
    However, consistent with the EPA Policy on Coordination and 
Consultation with Indian Tribes, the EPA will provide tribal officials 
the opportunity to provide meaningful and timely input early in the 
development of this action through multiple outreach activities such as 
tribal partnership calls, webinars, and offers for government-to-
government consultation with potentially impacted tribes and other 
tribes as requested.

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 action involves technical standards. Two voluntary consensus 
standards (VCS) were identified as an acceptable alternative to the EPA 
test methods for the purposes of this rule.
    The VCS, American National Standards Institute/American Society of 
Mechanical Engineers (ANSI/ASME) PTC 19.10-1981 Part 10, ``Flue and 
Exhaust Gas Analyses'' was identified as an acceptable alternative to 
EPA Methods 3B, 6, and 7 (manual portion only, not the instrumental 
procedures). This standard was previously incorporated into the 2005 
OSWI final rule. This method determines quantitatively the gaseous 
constituents of exhausts resulting from stationary combustion sources. 
The gases covered in ANSI/ASME PTC 19.10-1981 are oxygen, carbon 
dioxide, CO, (N), SO2, sulfur trioxide, nitric oxide, 
nitrogen dioxide, hydrogen sulfide, and hydrocarbons, however the use 
in this rule is only applicable to oxygen, carbon dioxide, 
SO2, nitric oxide, and nitrogen

[[Page 54199]]

dioxide. This standard may be obtained from https://www.asme.org/ or 
from the American Society of Mechanical Engineers (ASME) at Three Park 
Avenue, New York, New York 10016-5990.
    The VCS, ASTM D7520-16, ``Standard Test Method for Determining the 
Opacity of a Plume in the Outdoor Ambient Atmosphere'' was identified 
as an acceptable alternative to EPA Method 9, but only if these 
conditions are followed: (1) During the digital camera opacity 
technique (DCOT) certification procedure outlined in Section 9.2 of 
ASTM D7520-16, you or the DCOT vendor must present the plumes in front 
of various backgrounds of color and contrast representing conditions 
anticipated during field use such as blue sky, trees, and mixed 
backgrounds (clouds and/or a sparse tree stand); (2) you must also have 
standard operating procedures in place including daily or other 
frequency quality checks to ensure the equipment is within 
manufacturing specifications as outlined in Section 8.1 of ASTM D7520-
16; (3) you must follow the recordkeeping procedures outlined in 40 CFR 
63.10(b)(1) for the DCOT certification, compliance report, data sheets, 
and all raw unaltered JPEGs used for opacity and certification 
determination; and (4) you or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15 percent opacity of any one reading 
and the average error must not exceed 7.5-percent opacity.
    The EPA proposes to use ASTM D7520-16, ``Standard Test Method for 
Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere'' 
as an acceptable alternative to EPA Method 9. This method describes 
procedures to determine the opacity of a plume, using digital imagery 
and associated hardware and software, where opacity is caused by PM 
emitted from a stationary point source in the outdoor ambient 
environment. The opacity of emissions is determined by the application 
of a DCOT that consists of a digital still camera, analysis software, 
and the output function's content to obtain and interpret digital 
images to determine and report plume opacity. With the conditions 
identified above, we found that the technical sampling and analytical 
procedures are an equivalent method to EPA Method 9. This method is 
available for purchase from ASTM International, 100 Barr Harbor Drive, 
P.O. Box CB700, West Conshohocken, Pennsylvania 19428-2959, (800) 262-
1373, http://www.astm.org/. The EPA's approval of this method as an 
alternative method does not provide or imply a certification or 
validation of any vendor's hardware or software. The onus to maintain 
and verify the certification and/or training of the DCOT camera, 
software, and operator in accordance with ASTM D7520-16 is on the 
facility, DCOT operator, and DCOT vendor.
    While the EPA also identified 26 VCS that were potentially 
applicable for this rule in lieu of the EPA reference methods, the 
Agency is not proposing to use these standards. After reviewing the 
available standards, the EPA determined that the 26 candidate methods 
would not be practical due to lack of equivalency, documentation, 
validation data, and other important technical and policy 
considerations. For additional informaion, see the memorandum, 
Voluntary Consensus Standard Results for Standards of Performance for 
New Stationary Sources and Emission Guidelines for Existing Sources: 
Other Solid Waste Incineration Units; Proposed Rule, which is available 
in the docket for this action.

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. This action adds alternative approaches to existing 
testing and monitoring methods as described in the 2005 OSWI rule. This 
action incorporates regulatory flexibilities without compromising the 
environmental protection and, thus, ensures even a unit with 
rudimentary design will have several options for demonstrating 
compliance, thereby helping to further ensure against any 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations.

List of Subjects in 40 CFR Part 60

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

Andrew Wheeler,
Administrator.
    For the reasons set forth in the preamble, the EPA is proposing to 
amend 40 CFR part 60 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.

Subpart A--General Provisions

0
2. Section 60.17 is amended by:
0
a. Revising paragraph (g)(14);
0
b. Redesignating paragraphs (h)(193) through (209) as paragraphs 
(h)(194) through (210); and
0
c. Adding paragraph (h)(193).
    The revisions and addition read as follows:


Sec.  60.17  Incorporations by reference.

* * * * *
    (g) * * *
    (14) ASME/ANSI PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], (Issued August 31, 1981), IBR approved 
for Sec. Sec.  60.56c(b), 60.63(f), 60.106(e), 60.104a(d), (h), (i), 
and (j), 60.105a(b), (d), (f), and (g), 60.106a(a), 60.107a(a), (c), 
and (d), 60.285a(f), 60.2145(s) and (t), 60.2710(s) and (t), 
60.2730(q), 60.2922(e), 60.2940(c), tables 1, 1a, 1b, and 3 to subpart 
EEEE, Sec. Sec.  60.3027(e) and 60.3039(c), tables 2, 2b, and 4 to 
subpart FFFF, table 2 to subpart JJJJ, Sec. Sec.  60.4415(a), 
60.4900(b), tables 1 and 2 to subpart LLLL, Sec.  60.5220(b), tables 2 
and 3 to subpart MMMM, Sec. Sec.  60.5406(c), 60.5406a(c), 60.5407a(g), 
60.5413(b), 60.5413a(b) and (d).
* * * * *
    (h) * * *
    (193) ASTM D7520-16, Standard Test Method for Determining the 
Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 
2016, IBR approved for Sec.  60.2972(a), tables 1, 1a, and 1b to 
subpart EEEE, Sec.  60.3067(a), and tables 2 and 2b to subpart FFFF.
* * * * *
0
3. Subpart EEEE of part 60 is amended by revising the subpart heading 
to read as follows:

Subpart EEEE--Standards of Performance for Other Solid Waste 
Incineration Units

0
4. Section 60.2881 is revised to read as follows:

[[Page 54200]]

Sec.  60.2881  When does this subpart become effective?

    For all OSWI units, this subpart takes effect June 16, 2006. Some 
of the requirements in this subpart apply to planning the incineration 
unit and must be completed even before construction is initiated on the 
unit (i.e., the preconstruction requirements in Sec. Sec.  60.2894 and 
60.2895). Other requirements such as the emission limitations and 
operating limits apply when the unit begins operation. Requirements for 
small OSWI units, as defined in Sec.  60.2977, and constructed after 
August 31, 2020, become effective no later than [DATE 6 MONTHS AFTER 
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
0
5. Section 60.2885 is amended by revising paragraph (b) to read as 
follows:


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

* * * * *
    (b) Your incineration unit is an OSWI unit as defined in Sec.  
60.2977 or an air curtain incinerator (ACI) subject to this subpart as 
described in Sec.  60.2888(b). Other solid waste incineration units are 
very small municipal waste combustion units and institutional waste 
incineration units as defined in Sec.  60.2977, and include small OSWI 
units (either very small municipal waste combustion units or 
institutional waste incinerators).
* * * * *
0
6. Section 60.2886 is amended by revising paragraph (a) introductory 
text and adding paragraphs (a)(3) through (5) to read as follows:


Sec.  60.2886  What is a new incineration unit?

    (a) A new incineration unit is an incineration unit subject to this 
subpart that meets any of the criteria specified in paragraphs (a)(1) 
through (4) of this section, except as specified in paragraph (a)(5) of 
this section.
* * * * *
    (3) Is a small OSWI unit as defined in Sec.  60.2977 and commenced 
construction after August 31, 2020.
    (4) Is a small OSWI unit as defined in Sec.  60.2977 and commenced 
reconstruction or modification on or after [DATE 6 MONTHS AFTER 
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER.]
    (5) If your incineration unit is a small OSWI unit as defined in 
Sec.  60.2977 and commenced construction, reconstruction, or 
modification prior to August 31, 2020, paragraphs (a)(1) and (2) of 
this section no longer apply. These units 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 FFFF of 
this part (Emission Guidelines and Compliance Times for Other Solid 
Waste Incineration Units).
* * * * *
0
7. Section 60.2887 is amended by revising paragraphs (b)(1) and (b)(3) 
to read as follows:


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

* * * * *
    (b) * * *
    (1) The unit has a federally enforceable permit limiting the 
combustion of municipal solid waste to 30 percent of the total fuel 
input by weight.
* * * * *
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
* * * * *
0
8. Section 60.2888 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


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

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are incineration units subject to all 
requirements of this subpart, including the emission limitations 
specified in tables 1, 1a, and 1b of this subpart.
    (b) Air curtain incinerators that burn less than 35 tons per day 
and burn only the materials listed in paragraphs (b)(1) through (4) of 
this section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec.  60.2970 through 60.2973 and are exempt from all other 
requirements of this subpart.
* * * * *
0
9. Section 60.2889 is revised to read as follows:


Sec.  60.2889  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If EPA has delegated authority to 
your state, local, or tribal agency, then that agency (as well as EPA) 
has the authority to implement and enforce this subpart. You should 
contact your EPA Regional Office to find out if this subpart is 
delegated to your state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency, the authorities contained 
in paragraphs (b)(1) through (9) of this section are retained by EPA 
and are not transferred to the state, local, or tribal agency.
    (1) The authority to approve alternatives to the emission 
limitations in tables 1, 1a, and 1b of this subpart and operating 
limits established under Sec.  60.2916 and table 2 of this subpart.
    (2) The authority to approve petitions for specific operating 
limits in accordance with the requirements in Sec.  60.2917.
    (3) The authority of the Administrator to receive and grant 
petitions under Sec.  60.8(b)(3) to approve major alternatives to test 
methods in Sec.  60.2922.
    (4) The authority to approve major alternatives to monitoring in 
Sec. Sec.  60.2939 through 60.2945.
    (5) The authority to approve major alternatives to recordkeeping 
and reporting in Sec. Sec.  60.2949 through 60.2962.
    (6) The authority to receive the required notices and to approve 
continued operation in connection with the status report requirements 
in Sec.  60.2911(c)(2).
    (7) The authority of the Administrator to receive and grant 
petitions under Sec.  60.11(e)(6) through (8) to adjust opacity 
standards and establish opacity standards in accordance with 
alternative opacity emission limits in Sec.  60.2915 and Sec. Sec.  
60.2971 through 60.2973.
    (8) The authority of the Administrator under Sec.  60.8(b)(4) to 
waive performance test requirements and Sec.  60.8(b)(5) to approve 
shorter sampling times or smaller sample volumes.
    (9) The authority to approve an alternative to any electronic 
reporting to the EPA required by this subpart.
0
10. Section 60.2890 is amended by revising the introductory text and 
adding paragraphs (j) and (k) to read as follows:


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

    These new source performance standards contain eleven major 
components, as follows:
* * * * *
    (j) Definitions.
    (k) Tables.
0
11. Section 60.2895 is amended by revising paragraphs (a) and (b) to 
read as follows:

[[Page 54201]]

Sec.  60.2895  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, you may consider costs, 
energy impacts, non-air environmental impacts, or any other factors 
related to the practicability of the alternatives.
    (b) Analyses of your OSWI unit's impacts that are prepared to 
comply with state, local, or other federal regulatory requirements may 
be used to satisfy the requirements of this section, provided they 
include the consideration of air pollution control alternatives 
specified in paragraph (a) of this section.
* * * * *
0
12. Section 60.2905 is amended by revising paragraphs (b), (c) 
introductory text, (c)(1)(iv), (c)(1)(viii), and (c)(1)(x) to read as 
follows:


Sec.  60.2905  What are the operator training and qualification 
requirements?

* * * * *
    (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) * * *
    (iv) Combustion controls and monitoring, including good combustion 
practices and waste characterization procedures.
* * * * *
    (viii) Actions to prevent and correct malfunctions or to prevent 
and correct conditions that may lead to malfunction.
* * * * *
    (x) Applicable federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
* * * * *
0
13. Section 60.2906 is amended by:
0
a. Revising the introductory text and paragraph (a);
0
b. Redesignating paragraph (c) as paragraph (d); and
0
c. Adding paragraph (c).
    The revisions and addition read as follows:


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

    The operator training course must be completed by the latest of the 
dates specified in paragraphs (a) through (d) of this section.
    (a) Six months after your OSWI unit startup date.
* * * * *
    (c) [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER] for small OSWI units that commenced construction 
after August 31, 2020.
* * * * *
0
14. Section 60.2908 is amended by revising paragraph (d) to read as 
follows:


Sec.  60.2908  How do I maintain my operator qualification?

* * * * *
    (d) Prevention and correction of malfunctions or conditions that 
may lead to malfunction.
* * * * *
0
15. Section 60.2910 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(4);
0
b. Adding paragraph (a)(10); and
0
c. Revising paragraphs (b)(1) and (c)(2).
    The revisions and addition read as follows:


Sec.  60.2910  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the 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.
* * * * *
    (4) Procedures for maintaining good combustion practices, including 
proper combustion air supply levels.
* * * * *
    (10) Procedures for establishing initial and continuous compliance, 
including but not limited to, procedures to determine waste 
characterization.
* * * * *
    (b) * * *
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by December 18, 2006, or prior to an 
employee's assumption of responsibilities for operation of the OSWI 
unit, whichever date is later.
* * * * *
    (c) * * *
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec. Sec.  60.2908 or 60.2909. 
Records must include documentation of training, the dates of the 
initial and refresher training, and the dates of their qualification 
and all subsequent renewals of such qualifications.
* * * * *
0
16. Section 60.2911 is amended by revising the introductory paragraph 
to read as follows:


Sec.  60.2911  What if all the qualified operators are temporarily not 
accessible?

    For each batch OSWI unit, a qualified operator must be accessible 
at all times when the unit is operating. For each continuous OSWI unit 
or intermittent OSWI unit, if all qualified operators are temporarily 
not accessible (i.e., not at the facility and not able to be at the 
facility within 1 hour), you must meet one of the three criteria 
specified in paragraphs (a) through (c) of this section, depending on 
the length of time that a qualified operator is not accessible.
* * * * *
0
17. Section 60.2915 is revised to read as follows:


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

    For OSWI units with initial startup before [DATE OF PUBLICATION OF 
THE FINAL RULE IN THE FEDERAL REGISTER], you must meet the emission 
limitations specified in table 1 of this subpart 60 days after your 
OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup. For OSWI units with 
capacities greater than 10 tons per day and with initial startup on or 
after [DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], 
you must meet the emissions limitations specified in table 1a of this 
subpart 60 days after your OSWI unit reaches the charge rate at which 
it will operate, but no later than 180 days after its initial startup. 
For small OSWI units with initial startup on or after [DATE OF 
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], you must meet 
the emission limitations specified in table 1b of this subpart 60 days 
after your OSWI unit reaches the charge rate at which it will operate, 
but no later than 180 days after its initial startup.
0
18. Section 60.2916 is revised to read as follows:


Sec.  60.2916  What operating limits must I meet and by when?

    You must comply with the requirements in paragraphs (a) through

[[Page 54202]]

(h) of this section, as applicable. If you own or operate a small OSWI 
unit using the substitute means of compliance demonstration under Sec.  
60.2929, the references in this section to the most recent performance 
test demonstrating compliance are not applicable and instead, refer to 
the limits established during the representative performance test 
identified in the information submitted as specified in Sec.  
60.2929(b).
    (a) You must establish a maximum charge rate, calculated using the 
procedures in paragraph (a)(1) or (2) of this section, as appropriate.
    (1) For continuous and intermittent units, maximum charge rate is 
the average charge rate measured during the most recent performance 
test demonstrating compliance with all applicable emission limitations.
    (2) For batch units, maximum charge rate is the charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (b) You must establish a minimum combustion chamber operating 
temperature, equal to the lowest 1-hour average combustion chamber 
operating temperature measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (c) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for the operating 
parameters as described in paragraphs (c)(1) through (3) of this 
section.
    (1) Minimum pressure drop across the wet 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 average 
amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (2) Minimum scrubber liquor flow rate, which is calculated as the 
lowest 1-hour average liquor flow rate at the inlet to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (3) Minimum scrubber liquor pH, which is calculated as the lowest 
1-hour average liquor pH at the outlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the hydrogen chloride and sulfur dioxide emission limitations.
    (d) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance test. The minimum 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.
    (e) If you use an electrostatic precipitator to comply with the 
emission limitations, 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 minimum 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.
    (f) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. Calculate the alarm time 
(i.e., time that the alarm sounds) as specified in paragraphs (f)(1) 
and (2) of this section.
    (1) If inspection of the fabric filter demonstrates that no 
corrective action is required, the alarm duration is not counted in the 
alarm time calculation.
    (2) If corrective action is required and you take less than an hour 
to initiate corrective action, the alarm time is counted as 1 hour. If 
you take longer than 1 hour to initiate corrective action, the alarm 
time is counted as the actual amount of time taken to initiate 
corrective action.
    (g) If you own or operate a small OSWI unit and you demonstrate 
continuous compliance according to Sec.  60.2932(d), you must establish 
the amount of waste burned in each waste category as a percentage of 
total waste burned on a mass basis. These percentages are your waste 
profile and must be based on the categories of waste fed to the 
incinerator (e.g., food waste, paper waste, wood waste) during the most 
recent performance test.
    (h) You must meet the operating limits specified in paragraphs (a) 
through (g) of this section no later than the date specified in 
paragraph (h)(1) or (2) of this section, as applicable.
    (1) For each OSWI unit with a capacity greater than 10 tons per day 
or for each small OSWI unit for which you conduct an initial 
performance test under Sec.  60.2927(a), within 60 days after your OSWI 
unit reaches the charge rate at which it will operate, but no later 
than 180 days after its initial startup.
    (2) For each small OSWI unit for which you use the substitute means 
of compliance demonstration under Sec.  60.2929, by the date you submit 
to the Administrator the information required in Sec.  60.2929(b).
0
19. Section 60.2917 is amended by revising the section heading and the 
introductory text to read as follows:


Sec.  60.2917  What if I do not use a wet scrubber, dry scrubber, or 
fabric filter to comply with the emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, dry scrubber, electrostatic precipitator, or fabric filter to 
comply with the emission limitations under Sec.  60.2915, you must 
petition EPA for specific operating limits, the values of which are to 
be established during the performance test and then continuously 
monitored thereafter. Additionally, unless you demonstrate continuous 
compliance using the requirements in Sec.  60.2932(d), if you limit 
emissions in some other manner, including material balances, to comply 
with the emission limitations under Sec.  60.2915, then you must submit 
a petition. You must submit the petition at least 60 days before the 
performance test is scheduled to begin and not conduct the initial 
performance test until after the petition has been approved by EPA. 
Your petition must include the five items listed in paragraphs (a) 
through (e) of this section.
* * * * *


Sec.  60.2918  [Removed]

0
20. Remove Sec.  60.2918.
0
21. Section 60.2922 is amended by revising paragraphs (b) through (f), 
(g) introductory text, (g)(1)(i), and (g)(3)(i) and (ii) to read as 
follows:


Sec.  60.2922  How do I conduct the initial and annual performance 
test?

* * * * *
    (b) All performance tests must be conducted using the methods in 
tables 1, 1a, and 1b of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in tables 1, 1a, and 1b of this subpart.
    (d) EPA Method 1 of appendix A of this part must be used to select 
the sampling location and number of traverse points.
    (e) EPA Method 3A or 3B of appendix A of this part or ANSI/ASME PTC

[[Page 54203]]

19.10-1981 (incorporated by reference, see Sec.  60.17), in lieu of EPA 
Method 3B, must be used for gas composition analysis, including 
measurement of oxygen concentration. EPA Method 3A or 3B of appendix A 
of this part or ANSI/ASME PTC 19.10-1981 must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 in Sec.  60.2975.
    (g) EPA Method 26A of appendix A of this part must be used for 
hydrogen chloride concentration analysis, with the additional 
requirements specified in paragraphs (g)(1) through (3) of this 
section.
    (1) * * *
    (i) Assemble the sampling train(s) and conduct a conditioning run 
by collecting between 14 liters per minute (0.5 cubic feet per minute) 
and 30 liters per minute (1.0 cubic feet per minute) of gas over a one-
hour period. Follow the sampling procedures outlined in section 8.1.5 
of EPA Method 26A of appendix A of this part. For the conditioning run, 
water can be used as the impinger solution.
* * * * *
    (3) * * *
    (i) The cyclone described in section 6.1.4 of EPA Method 26A of 
appendix A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of EPA Method 26A of appendix A of this part must be used.
0
22. Section 60.2923 is revised to read as follows:


Sec.  60.2923  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in tables 1, 1a, and 1b of this subpart.
0
23. Section 60.2927 is revised to read as follows:


Sec.  60.2927  How do I demonstrate initial compliance with the 
emission limitations and establish the operating limits?

    (a) Except as provided in paragraph (b) of this section, you must 
conduct an initial performance test, as required under Sec.  60.8, to 
determine compliance with the emission limitations in table 1, 1a, or 
1b of this subpart and to establish operating limits using the 
procedures in Sec.  60.2916 or Sec.  60.2917. The initial performance 
test must be conducted using the test methods listed in table 1, 1a, or 
1b of this subpart and the procedures in Sec.  60.2922. In the event of 
any conflict between Sec.  60.8 and the provisions of this subpart, the 
provisions of this subpart shall apply.
    (b) For small OSWI units, as defined in Sec.  60.2977, you must 
demonstrate initial compliance according to paragraph (a) of this 
section, unless you comply with the requirements for the substitute 
means of compliance demonstration in Sec.  60.2929.
    (c) As an alternative to conducting a performance test under 
paragraph (a) of this section for carbon monoxide, you may use a 12-
hour rolling average of the 1-hour arithmetic average CEMS data to 
determine compliance with the emission limitations in tables 1, 1a, and 
1b of this subpart. The initial performance evaluation required by 
Sec.  60.2940(b) must be conducted prior to collecting CEMS data that 
will be used for the initial compliance demonstration.
0
24. Section 60.2928 is revised to read as follows:


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

    The initial performance test must be conducted within 60 days after 
your OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup. For units which start-up 
between August 31, 2020 and [DATE 6 MONTHS AFTER PUBLICATION OF THE 
FINAL RULE IN THE FEDERAL REGISTER], the initial performance test must 
be conducted within 60 days after your OSWI unit reaches the charge 
rate at which it will operate, but no later than 180 days after its 
initial startup, or by [DATE 240 DAYS AFTER PUBLICATION OF THE FINAL 
RULE IN THE FEDERAL REGISTER], whichever date is later.
0
25. Section 60.2929 is added to read as follows:


Sec.  60.2929  What are the substitute means of compliance 
demonstration requirements for small OSWI units?

    Instead of conducting the initial performance test in Sec.  
60.2927(a), small OSWI units, as defined in Sec.  60.2977, may 
demonstrate initial compliance according to the requirements in 
paragraphs (a) through (d) of this section.
    (a) You must submit the information specified in paragraph (a)(1) 
of this section and comply with the requirements of paragraph (a)(2) of 
this section for each OSWI unit for which you are using a substitute 
means of compliance demonstration.
    (1) On or before [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER] or within 60 days of startup, whichever is 
later, you must submit a written notification to the Administrator that 
you intend to use the substitute means of compliance demonstration. 
Your submittal must include information on the design and operation of 
the OSWI unit, including the information in paragraphs (a)(1)(i) 
through (iii) of this section.
    (i) Manufacturer, make, and model of the unit.
    (ii) Type of unit (e.g., burn barrel, incinerator with secondary 
chamber, etc.).
    (iii) Capacity of the unit.
    (2) Beginning on [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER] or upon initial startup, whichever is later, 
you must collect the data in paragraphs (a)(2)(i) through (vii) of this 
section. You must continue to collect the data in paragraphs (a)(2)(i) 
through (vii) of this section until you meet the requirements of 
paragraph (b) of this section.
    (i) Identity and weight of each waste type (e.g., lbs of paper 
waste, food waste, wood or yard waste) on a weekly total basis for the 
date range the information is collected.
    (ii) Identity and quantities (e.g., flow rate or percentage of 
operating time) of supplemental fuels burned on a weekly total basis 
for the date range the information is collected.
    (iii) Percentage of total waste burned for each waste type on a 
weekly average basis for the date range the information is collected.
    (iv) Temperature indicative of the combustion chamber and 
description of where temperature is measured. Record this information 
on a 3-hour rolling average basis for the date range the information is 
collected.
    (v) Hours operated per day for the date range the information is 
collected.
    (vi) Charge rate each day in tons per day for the date range the 
information is collected.
    (vii) Operating parameter data for any air pollution control 
devices. For wet scrubbers, include pressure drop across the scrubber 
or amperage to the scrubber, scrubber liquor inlet flow rate, and 
scrubber liquor pH at the outlet of the scrubber. For dry scrubbers, 
include injection rate of each sorbent used. For electrostatic 
precipitators, include the secondary voltage, secondary amperage, and 
secondary power. Record this information on a 3-hour rolling average 
basis for the date range the information is collected.
    (b) On or before the latest of [DATE 21 MONTHS AFTER PUBLICATION OF 
THE FINAL RULE IN THE FEDERAL REGISTER]; 60 days after the OSWI unit 
reaches the charge rate at which it will operate; or 180 days after 
initial startup, you must identify the results of

[[Page 54204]]

a performance test in the EPA's WebFIRE database that is representative 
for your OSWI unit using the criteria in paragraphs (b)(2)(i) through 
(viii) of this section and submit the information in paragraphs (b)(1) 
and (2) of this section. You must submit the information following the 
procedure in paragraph (b)(3) of this section. The performance test may 
be any test that meets the requirements in paragraph (c) of this 
section, regardless of location, that is representative of your OSWI 
unit.
    (1) Identify the representative performance test used to 
demonstrate initial compliance with each OSWI unit by submitting the 
information in paragraphs (b)(1)(i) through (vi) of this section as 
provided in the EPA's WebFIRE database for the performance test:
    (i) Organization.
    (ii) Facility.
    (iii) City.
    (iv) State.
    (v) County.
    (vi) Submission date.
    (2) A description of how the test is representative for your OSWI 
unit, based on the following criteria, using the data submitted as 
specified in paragraph (a)(1) of this section and collected as 
specified in paragraph (a)(2) of this section:
    (i) Unit design, including type of unit and any associated air 
pollution control devices.
    (ii) Charge rate.
    (iii) Type of operation (batch, continuous, intermittent).
    (iv) Combustion temperature and location of temperature 
measurement.
    (v) Types of waste burned.
    (vi) The waste profile, as defined in Sec.  60.2977.
    (vii) Type and amount of supplemental fuels.
    (viii) Similarity of air pollution control devices and operation of 
the air pollution control devices, if the performance test was 
conducted on a unit with an air pollution control device.
    (3) You must submit the information required in paragraphs (b)(1) 
and (2) of this section via CEDRI, which can be accessed through the 
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will 
make all the information submitted through CEDRI available to the 
public without further notice to you. Do not use CEDRI to submit 
information you claim as confidential business information (CBI). 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim, submit the information, including information claimed to be 
CBI, to the EPA on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Other 
Solid Waste Incineration Units Sector Lead, MD C404-02, 4930 Old Page 
Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted via the EPA's CDX as described earlier in this paragraph 
(b)(3). Furthermore, under CAA section 114(c), emissions data is not 
entitled to confidential treatment, and the EPA is required to make 
emissions data available to the public. Thus, emissions data will not 
be protected as CBI and will be made publicly available.
    (c) Any performance test used as a representative test in a 
substitute means of compliance demonstration under paragraph (b) of 
this section must be conducted following the initial testing 
requirements of Sec.  60.2922 and demonstrate compliance with the 
emission limits in table 1b of this subpart. In addition to the results 
of the performance test and the information required by Sec.  
60.8(f)(2), the performance test report must contain the information in 
paragraphs (c)(1) through (8) of this section.
    (1) Unit design, including type of unit and any associated air 
pollution control devices.
    (2) Charge rate during the test.
    (3) Type of operation (batch, continuous, intermittent).
    (4) Combustion temperature and location of temperature measurement. 
The temperature must be recorded continuously for each run of the 
performance test. The performance test report must also identify the 
lowest 1-hour average combustion chamber operating temperature.
    (5) Types of waste burned during the test.
    (6) The waste profile, as defined in Sec.  60.2977, established 
during the test.
    (7) Type and amount of supplemental fuels burned during the test 
and the timeframe that each supplemental fuel was burned during the 
test.
    (8) If the performance test was conducted on a unit with an air 
pollution control device, the operating parameter data for the control 
device must be recorded continuously for each run of the performance 
test. The performance test report must also identify the lowest or 
highest, as applicable, 1-hour average for the operating parameter.
    (i) For wet scrubbers, the performance test report must include 
data for pressure drop across the scrubber or amperage to the scrubber, 
scrubber liquor inlet flow rate, and scrubber liquor pH at the outlet 
of the scrubber.
    (ii) For dry scrubbers, the performance test report must include 
data for the injection rate of each sorbent used.
    (iii) For electrostatic precipitators, the performance test report 
must include data for the secondary voltage, secondary amperage, and 
secondary power.
    (d) If there are no results from a performance test that meet the 
requirements of paragraph (c) of this section that are representative 
of your OSWI unit, you must demonstrate initial compliance according to 
the requirements of Sec.  60.2927(a).
0
26. Section 60.2932 is revised to read as follows:


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

    You must demonstrate continuous compliance according to the 
requirements in paragraphs (a) through (c) of this section, unless you 
own or operate a small OSWI unit, as defined in Sec.  60.2977. If you 
own or operate a small OSWI unit, you must either comply with the 
requirements in paragraphs (a) and (c) of this section or the 
requirements in paragraph (d) of this section.
    (a) You must conduct an annual performance test for all of the 
pollutants in table 1, 1a, or 1b of this subpart for each OSWI unit to 
determine compliance with the emission limitations, except if you own 
or operate an OSWI unit with a capacity greater than 10 tons per day, 
you are not required to conduct an annual performance test for carbon 
monoxide. The annual performance test must be conducted using the test 
methods listed in table 1, 1a, or 1b of this subpart and the procedures 
in Sec.  60.2922.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values, including CEMS data during startup 
and shutdown as defined in this subpart, are used to determine 
compliance. A 12-hour rolling average value above the carbon monoxide 
emission limit in table 1, 1a, or 1b of this subpart constitutes a 
deviation from the emission limitation.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.2916(a) through (f) or established under Sec.  
60.2917. Three-hour rolling average values are used to determine 
compliance with the operating limits,

[[Page 54205]]

with the exception of bag leak detection system alarm time, unless a 
different averaging period is established under Sec.  60.2917. A 3-hour 
rolling average value (unless a different averaging period is 
established under Sec.  60.2917) above the established maximum or below 
the established minimum operating limits constitutes a deviation from 
the established operating limits. For bag leak detection systems, an 
alarm time of more than 5 percent of the operating time during a 6-
month period constitutes a deviation from the operating limit. 
Operating limits do not apply during performance tests.
    (d) For each small OSWI unit, you must comply with the requirements 
in paragraphs (d)(1) through (3) of this section.
    (1) You must record the mass rate of each category of waste burned 
and on a weekly average basis and you must maintain the percentage of 
waste burned for each waste category within +/- 15 percent of the 
percentage established for that waste category according to the waste 
profile established under Sec.  60.2916(g) and maintain records as 
required in Sec.  60.2949(p). Failure to maintain the percentage of 
waste burned for each waste category within +/- 15 percent of the 
percentage established for that waste category constitutes a deviation.
    (2) If your waste profile will not meet the requirement in 
paragraph (d)(1) of this section, before combusting the modified waste 
stream, you must either conduct a performance test of the unit using 
the test methods listed in table 1b of this subpart and the procedures 
in Sec.  60.2922 with a waste stream representative of the new waste 
profile or identify a representative performance test for the new waste 
profile. If you use a representative performance test, the performance 
test must meet the requirements in Sec.  60.2929(c), and you must 
submit the information in Sec.  60.2929(b)(1) and (2) to the 
Administrator. Failure to conduct a performance test or identify a 
representative test constitutes a deviation.
    (3) You must continuously monitor the operating parameters 
specified in Sec.  60.2916(b) through (f), as applicable. The total 
daily charge rate is used to determine compliance with the charge rate 
limit in Sec.  60.2916(a). For the operating parameters in Sec.  
60.2916(b) through (f), determine compliance as described in paragraphs 
(d)(3)(i) or (ii) of this section. Failure to meet the operating 
parameters specified in Sec.  60.2916(a) through (f) is a deviation.
    (i) Three-hour rolling average values are used to determine 
compliance with the operating parameter limits, unless your small OSWI 
unit operates on a batch basis and it is operated for less than three 
hours.
    (ii) If your small OSWI unit operates on a batch basis, and you 
operate for less than three hours, compliance with the operating 
parameter limits are determined by averaging the operating parameter 
over the length of the batch operation.
0
27. Section 60.2933 is revised to read as follows:


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

    For each OSWI unit that is subject to the annual performance test 
requirement in Sec.  60.2932(a), you must conduct annual performance 
tests within 12 months following the initial performance test. Conduct 
subsequent annual performance tests within 12 months following the 
previous one.
0
28. Section 60.2934 is amended by adding paragraph (d) to read as 
follows:


Sec.  60.2934  May I conduct performance testing less often?

* * * * *
    (d) For small OSWI units demonstrating initial compliance following 
the substitute means of compliance demonstration requirements in Sec.  
60.2929, the requirements in paragraphs (a) through (c) of this section 
do not apply.
0
29. Section 60.2935 is revised to read as follows:


Sec.  60.2935  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) For each small OSWI unit, as defined in Sec.  60.2977, for 
which you opt to demonstrate continuous compliance following the 
requirements in Sec.  60.2932(d), if you want to establish new 
operating parameter limits or establish a different waste profile, you 
must comply with either paragraph (b)(1) or (2) of this section.
    (1) You must conduct a new performance test of the unit using the 
test methods listed in table 1b of this subpart and the procedures in 
Sec.  60.2922 with a waste stream representative of the new waste 
profile or under the new operating parameter limits.
    (2) You must identify a representative performance test that meets 
the requirements in Sec.  60.2929(c). You must submit the information 
in Sec.  60.2929(b)(1) and (2) to the Administrator.
0
30. Section 60.2939 is amended by revising paragraph (a) to read as 
follows:


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

    (a) For each OSWI unit with a capacity greater than 10 tons per 
day, you must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You 
must monitor the oxygen concentration at each location where you 
monitor carbon monoxide.
* * * * *
0
31. Section 60.2940 is amended by revising paragraphs (b) and (c) to 
read as follows:


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

* * * * *
    (b) Complete your initial performance evaluation of the continuous 
emission monitoring systems within 60 days after your OSWI unit reaches 
the maximum load level at which it will operate, but no later than 180 
days after its initial startup.
    (c) For initial and annual performance evaluations, collect data 
concurrently (or within 30 to 60 minutes) using your carbon monoxide 
and oxygen continuous emission monitoring systems. To validate carbon 
monoxide concentration levels, use EPA Method 10, 10A, or 10B of 
appendix A of this part. Use EPA Method 3A or 3B of appendix A to this 
part or ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec.  
60.17), in lieu of Method 3B, to measure oxygen. Collect the data 
during each initial and annual evaluation of your continuous emission 
monitoring systems following the applicable performance specifications 
in appendix B of this part. Table 3 of this subpart shows the required 
span values and performance specifications that apply to each 
continuous emission monitoring system.
* * * * *
0
32. Section 60.2942 is amended by revising the section heading and 
paragraphs (a) and (f) to read as follows:


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

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Except for CEMS data during startup 
and shutdown, as defined in this subpart, the 1-hour arithmetic 
averages for carbon monoxide must be expressed in parts per million by 
dry volume corrected to 7 percent oxygen. The

[[Page 54206]]

CEMS data during startup and shutdown are not corrected to 7 percent 
oxygen and are measured at stack oxygen content. Use the 1-hour 
averages of oxygen data from your CEMS to determine the actual oxygen 
level and to calculate emissions at 7 percent oxygen. Use Equation 2 in 
Sec.  60.2975 to calculate the 12-hour rolling averages from the 1-hour 
arithmetic averages.
* * * * *
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to table 3 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data. 
Failure to collect required data is a deviation of the monitoring 
requirements.
0
33. Section 60.2944 is amended by revising the section heading and 
paragraphs (a) and (c), and adding paragraph (d) to read as follows:


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

    (a) You must install, calibrate (to manufacturers' specifications 
at the frequency recommended by the manufacturer), 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, as applicable. 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. The devices must be positioned to provide a representative 
measurement of the parameter monitored.
* * * * *
    (c) If you are using a fabric filter to comply with the 
requirements of this subpart, you must install, calibrate, maintain, 
and continuously operate a bag leak detection system as specified in 
paragraphs (c)(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. The bag leak sensor(s) must be 
installed in a position(s) that will be representative of the relative 
or absolute particulate matter loadings for each exhaust stack, roof 
vent, or compartment 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; and in 
accordance with the guidance provided in EPA-454/R-98-015 (incorporated 
by reference, see Sec.  60.17(j));
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 1 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 automatically alert 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.
    (d) If you are required to petition the EPA for operating limits 
under Sec.  60.2917, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  60.2917.
0
34. Section 60.2949 is amended by revising the introductory text and 
paragraphs (b) through (e) and (g), and adding paragraphs (p), (q), and 
(r) to read as follows:


Sec.  60.2949  What records must I keep?

    You must maintain the information specified in paragraphs (a) 
through (r) of this section, as applicable, for a period of at least 5 
years.
* * * * *
    (b) Records of the data described in paragraphs (b)(1) through (10) 
of this section.
    (1) The OSWI unit charge dates, times, weights, and total daily 
charge rates.
    (2) The combustion chamber operating temperature every 15 minutes 
of operation.
    (3) For each OSWI unit with a wet scrubber, the liquor flow rate to 
the wet scrubber inlet, pressure drop across the wet scrubber system or 
amperage to the wet scrubber, and liquor pH at the outlet of the wet 
scrubber, every 15 minutes of operation.
    (4) For each OSWI unit with a dry scrubber, the injection rate of 
each sorbent, every 15 minutes of operation.
    (5) For each OSWI unit with an electrostatic precipitator, the 
secondary voltage, secondary current, and secondary electric power, 
every 15 minutes of operation.
    (6) For each OSWI unit with a fabric filter, the date, time, and 
duration of each alarm; the times 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 the 
operating time during each 6-month period that the alarm sounds, 
calculated as specified in Sec.  60.2916(f).
    (7) For OSWI units that establish operating limits for controls 
under Sec.  60.2917, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits.
    (8) For OSWI units that use a carbon monoxide CEMS, all 1-hour 
average concentrations of carbon monoxide and oxygen.
    (9) All 12-hour rolling average values of carbon monoxide 
emissions, corrected to 7 percent oxygen (except during periods of 
startup and shutdown), all 3-hour rolling average values of 
continuously monitored operating parameters, and total daily charge 
rates, as applicable.
    (10) Records of the dates, times, and durations of any bypass of 
the control device.
    (c) Records of the start date and time and duration in hours of 
each malfunction of operation (i.e., process equipment) or the air 
pollution control and monitoring equipment, and description of the 
malfunction.
    (d) 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.
    (e) Start date, start time, end date and end time for each period 
for which monitoring data show a deviation from the carbon monoxide 
emissions limit in table 1, 1a, or 1b of this subpart or a deviation 
from the operating limits in table 2 of this subpart or a deviation 
from other operating limits established under Sec.  60.2917 with a 
description of the deviations, reasons for such deviations, and a 
description of corrective actions taken. You must

[[Page 54207]]

record the start date, start time, end date and end time for each 
period when all qualified operators were not accessible in accordance 
with Sec.  60.2911.
* * * * *
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your annual performance evaluations, daily 
drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of this part.
* * * * *
    (p) If you comply with the substitute means of compliance 
demonstration requirements in Sec.  60.2929 for your small OSWI unit, 
you must keep the records specified in paragraphs (p)(1) through (4) of 
this section.
    (1) Copy of the notification submitted to the Administrator that 
you intend to use the substitute means of compliance demonstration as 
required in Sec.  60.2929(a)(1).
    (2) Records of the data collected as required in Sec.  
60.2929(a)(2).
    (3) Copy of the representative performance test used to demonstrate 
initial compliance; and
    (4) Documentation of how the test in paragraph (p)(3) of this 
section is representative of the unit as required in Sec.  
60.2929(b)(2).
    (q) If you comply with the continuous compliance requirements of 
Sec.  60.2932(d), you must keep records of the following elements 
reported on a weekly basis at the frequency they are monitored in 
accordance with table 2 of this subpart (e.g., each 3-hr average 
recorded temperature), as specified in paragraphs (q)(1) through (7) of 
this section.
    (1) Start and end times the unit is operated when waste is being 
combusted.
    (2) Identity and weight of each waste category (e.g., lbs of solid 
waste, food waste, wood or yard waste).
    (3) Identities and quantities of supplemental fuel burned (e.g. 
flow rate or percentage of operating time).
    (4) The waste profile, as defined in Sec.  60.2977.
    (5) Temperature of unit combustion chamber and description of where 
temperature is measured, as a three-hour average for each batch 
operation.
    (6) Charge rate (in tons per day) of each operation.
    (7) For each OSWI unit using a wet scrubber, dry scrubber, 
electrostatic precipitator, or fabric filter, the records specified in 
paragraph (b)(3) through (10) of this section, as applicable.
    (r) Copies of any notifications submitted pursuant to Sec. Sec.  
60.2887 and 60.2969.
0
35. Section 60.2954 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


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

    Unless you choose to comply with the substitute means of compliance 
demonstration requirements in Sec.  60.2929, you must submit the 
information specified in paragraphs (a) and (b) of this section no 
later than 60 days following the initial performance test. All reports 
must be signed by the facilities manager.
* * * * *
    (c) The waste management plan, as specified in Sec. Sec.  60.2899 
through 60.2901.
0
36. Section 60.2955 is revised to read as follows:


Sec.  60.2955  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.2954, unless you choose 
to comply with the substitute means of compliance demonstration 
requirements in Sec.  60.2929. If you choose to comply with the 
substitute means of compliance demonstration requirements in Sec.  
60.2929, you must submit an annual report no later than 12 months 
following the submission of the information in Sec.  60.2929(b). You 
must submit subsequent reports no more than 12 months following the 
previous report. The permit will address the submittal of annual 
reports for a unit with an operating permit required under title V of 
the Clean Air Act.
0
37. Section 60.2956 is amended by:
0
a. Revising the introductory text and paragraphs (b) through (f);
0
b. Removing and reserving paragraph (g);
0
c. Revising paragraphs (h) and (j); and
0
d. Adding paragaph (k).
    The revisions and addition read as follows:


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

    The annual report required under Sec.  60.2955 must include the 
items listed in paragraphs (a) through (k) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec.  60.2957 
through 60.2959.
* * * * *
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 
40 CFR 70.5(d) or 40 CFR 71.5(d). If your report is submitted via 
CEDRI, the certifier's electronic signature during the submission 
process replaces this requirement.
    (c) Date of report and beginning and ending dates of the reporting 
period. You are no longer required to provide the date of report when 
the report is submitted via CEDRI.
    (d) Identification of each OSWI unit, and for each OSWI unit, the 
parameters monitored and values for the operating limits established 
pursuant to Sec.  60.2916 or Sec.  60.2917.
    (e) If no deviations from any emission limitation or operating 
limit that applies to you has occurred during the annual reporting 
period, a statement that there were no deviations from the emission 
limitations or operating limits during the reporting period. If you use 
a CMS to monitor emissions or operating parameters and there were no 
periods during which any CMS was inoperative, inactive, malfunctioning 
or out of control, a statement that no monitoring system used to 
determine compliance with the emission limitations or operating limits 
was inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 
12-hour average, as applicable, for carbon monoxide emissions if you 
are using a CEMS to demonstrate continuous compliance and the highest 
recorded 3-hour average and the lowest recorded 3-hour average, as 
applicable, for each operating parameter recorded for the calendar year 
being reported.
    (g) [Reserved]
    (h) If a performance test was conducted during the reporting 
period, identification of the OSWI unit tested, the pollutant(s) 
tested, and the date of the performance test. Submit, following the 
procedure specified in Sec.  60.2961(b), the performance test report no 
later than the date that you submit the annual report.
* * * * *
    (j) The start date, start time, and duration in hours for each 
period when all qualified OSWI unit operators were unavailable for more 
than 12 hours, but less than 2 weeks.
    (k) If you are complying with the continuous compliance 
requirements for small OSWI units in Sec.  60.2932(d) and have had no 
deviations from the weekly waste profile requirements or deviations 
from the operating limits, a statement that there were no deviations 
from the weekly waste profile requirements, and the OSWI unit has been 
operated within the operating parameter limits established during the 
representative

[[Page 54208]]

performance test identified in the information submitted as required in 
Sec.  60.2929(b) or the initial performance test conducted by the 
source as required in Sec.  60.2929(d).
0
38. Section 60.2957 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  60.2957  What other reports must I submit if I have a deviation?

    (a) You must submit a deviation report as specified in paragraphs 
(a)(1) through (3) of this section:
    (1) If your OSWI unit fails to meet any requirement or obligation 
established by this subpart, including but not limited to any emission 
limitation, operating limit, or operator qualification and 
accessibility requirements.
    (2) If your OSWI unit fails to meet any term or condition that is 
adopted to implement an applicable requirement in this subpart and that 
is included in the operating permit for any unit that meets the 
requirements in Sec.  60.2885 and is required to obtain such a permit.
    (3) If you deviate from the requirements to have a qualified 
operator accessible as specified in Sec.  60.2911, you must meet the 
requirements of Sec.  60.2959.
* * * * *
0
39. Section 60.2958 is revised to read as follows:


Sec.  60.2958  What must I include in the deviation report?

    In each report required under Sec.  60.2957, you must include the 
company name and address and the beginning and ending dates for the 
reporting period. For any pollutant or operating parameter that 
deviated from the emission limitations, operating limits or other 
requirement specified in this subpart, or for each CMS that experienced 
downtime or was out of control, include the items described in 
paragraphs (a) through (g) of this section, as applicable. If you are 
complying with the continuous compliance requirements for small OSWI 
units in Sec.  60.2932(d), you must also include the items described in 
paragraphs (h) and (i) of this section. You must identify the OSWI unit 
associated with the information required in paragraphs (a) through (i) 
in your deviation report.
    (a) Identification of the emission limit, operating parameter or 
other requirement from which there was a deviation and the start date, 
start time, and duration in hours of each deviation.
    (b) The averaged and recorded data for those dates, including, when 
applicable, the information recorded under Sec.  60.2949(b)(9) and (c) 
through (e) for the calendar period being reported.
    (c) The cause of each deviation from the emission limitations, 
operating limits or other requirement and your corrective actions.
    (d) For each CMS, the start date, start time, duration in hours, 
and cause for each instance of monitor downtime (other than downtime 
associated with zero, span, and other routine calibration checks).
    (e) For each CMS, the start date, start time, duration in hours, 
and corrective action taken for each instance that the monitor is out 
of control.
    (f) The dates, times, and duration in hours of any bypass of the 
control device and your corrective actions.
    (g) For batch OSWI units, the dates, times, and duration in hours 
of any deviation from the requirements to have a qualified operator 
accessible as required in Sec.  60.2911.
    (h) If you are complying with the continuous compliance 
requirements for small OSWI units in Sec.  60.2932(d), the dates, 
times, duration in weeks and cause for each deviation from the waste 
profile required in Sec.  60.2932(d)(1).
    (i) The dates, times, duration in hours, and cause for each 
deviation from the operating parameter limits established during the 
representative performance test identified in the information submitted 
as required in Sec.  60.2929(b) or the initial performance test 
conducted by the source as required in Sec.  60.2927(a).
0
40. Section 60.2961 is revised to read as follows:


Sec.  60.2961  In what form can I submit my reports?

    (a) Before [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER], you must submit annual and deviation reports 
electronically or in paper format, postmarked on or before the 
submittal due dates. Beginning on [DATE 180 DAYS AFTER PUBLICATION OF 
THE FINAL RULE IN THE FEDERAL REGISTER], or once the report template 
for this subpart has been available on the Compliance and Emissions 
Data Reporting Interface (CEDRI) website for one year, whichever date 
is later, you must submit all subsequent annual compliance reports and 
deviation reports to the EPA via CEDRI, which can be accessed through 
the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA 
will make all the information submitted through CEDRI available to the 
public without further notice to you. Do not use CEDRI to submit 
information you claim as confidential business information (CBI). 
Anything submitted using CEDRI cannot later be claimed CBI. You must 
use the appropriate electronic report template on the CEDRI website 
(https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this 
subpart. The date report templates become available will be listed on 
the CEDRI website. The report must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. Although we do not expect persons to assert a claim of 
CBI, if you wish to assert a CBI claim, submit a complete report, 
including information claimed to be CBI, to the EPA. The report must be 
generated using the appropriate form on the CEDRI website or an 
alternate electronic file consistent with the extensible markup 
language (XML) schema listed on the CEDRI website. Submit the file on a 
compact disc, flash drive, or other commonly used electronic storage 
medium and clearly mark the medium as CBI. Mail the electronic medium 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Other Solid Waste 
Incineration Units Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph. 
Furthermore, under CAA section 114(c), emissions data is not entitled 
to confidential treatment, and the EPA is required to make emissions 
data available to the public. Thus, emissions data will not be 
protected as CBI and will be made publicly available.
    (b) Beginning on [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER], within 60 days after the date of completing 
each performance test required by this subpart, you must submit the 
results of the performance test following the procedures specified in 
paragraphs (b)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via CEDRI, which can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT

[[Page 54209]]

as listed on the EPA's ERT website at the time of the test. The results 
of the performance test must be included as an attachment in the ERT or 
an alternate electronic file consistent with the XML schema listed on 
the EPA's ERT website. Submit the ERT generated package or alternative 
file to the EPA via CEDRI.
    (3) CBI. Do not use CEDRI to submit information you claim as CBI. 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim for some of the information required under paragraph (b)(1) 
or (2) of this section, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be 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. Submit 
the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium 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 file with the CBI omitted must be submitted 
to the EPA via the EPA's CDX as described in paragraphs (b)(1) and (2) 
of this section. All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c), emissions data is 
not entitled to confidential treatment, and the EPA is required to make 
emissions data available to the public. Thus, emissions data will not 
be protected as CBI and will be made publicly available.
    (c) Beginning on [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER], within 60 days after the date of completing 
each continuous emissions monitoring system (CEMS) performance 
evaluation, you must submit the results of the performance evaluation 
following the procedures specified in paragraphs (c)(1) through (3) of 
this section.
    (1) Performance evaluations of CEMS 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. Submit 
the results of the performance evaluation to the EPA via CEDRI, which 
can be accessed through the EPA's CDX. The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) Performance evaluations of CEMS 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. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (3) CBI. Do not use CEDRI to submit information you claim as CBI. 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim for some of the information required under paragraph (c)(1) 
or (2) of this section, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be 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. Submit 
the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium 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 file with the CBI omitted must be submitted 
to the EPA via the EPA's CDX as described in paragraphs (c)(1) and (2) 
of this section. All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c), emissions data is 
not entitled to confidential treatment, and the EPA is required to make 
emissions data available to the public. Thus, emissions data will not 
be protected as CBI and will be made publicly available.
    (d) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (d)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) 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 has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) A description of measures taken or to be taken to minimize 
the delay in reporting; and
    (iv) The 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.
    (6) 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.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (e) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with the reporting requirement. To assert a 
claim of force majeure, you must meet the requirements outlined in 
paragraphs (e)(1) through (5) of this section.
    (1) You may submit a claim if 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 five business days prior 
to the date the submission is due. 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).
    (2) 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 has caused a 
delay in reporting.
    (3) You must provide to the Administrator:

[[Page 54210]]

    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) A description of measures taken or to be taken to minimize 
the delay in reporting; and
    (iv) The 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.
    (4) 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.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
0
41. Section 60.2966 is revised to read as follows:


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

    (a) Yes, if your OSWI unit meets the applicability criteria in 
Sec.  60.2885 and thus is subject to this subpart, you are required to 
obtain a title V operating permit for your OSWI unit.
    (b) Air curtain incinerators as specified in Sec.  60.2888(b) and 
subject only to the requirements in Sec. Sec.  60.2970 through 60.2973 
are exempted from title V permitting requirements per these 
regulations.
0
42. Section 60.2967 is revised to read as follows:


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

    (a) If your new unit subject to this subpart is applying for a 
permit for the first time, a complete title V permit application must 
be submitted timely either 12 months after the date the unit commences 
operation as a new source or before one of the dates specified in 
paragraph (b) of this section, as applicable. See section 503(c) of the 
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).
    (b) For a unit that commenced operation as a new source as of 
December 16, 2005, then a complete title V permit application must be 
submitted not later than December 18, 2006. For a small OSWI unit that 
commenced operation as a new source as of [DATE OF PUBLICATION OF FINAL 
RULE IN THE FEDERAL REGISTER], a complete title V permit application 
must be submitted not later than [DATE 1 YEAR AND 1 DAY AFTER 
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].


Sec.  60.2970   [Amended]

0
43. Section 60.2970 is amended by removing and reserving paragraph (b).
0
44. Section 60.2972 is amended by revising paragraph (a) to read as 
follows:


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

    (a) Use EPA Method 9 of appendix A of this part or ASTM D7520-16 
(incorporated by reference (IBR), see Sec.  60.17), to determine 
compliance with the opacity limitation.
* * * * *
0
45. Section 60.2973 is amended by revising paragraph (e) to read as 
follows:


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

* * * * *
    (e) Before [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER], submit initial and annual opacity test reports 
as electronic or paper copy on or before the applicable submittal date. 
On and after [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER], within 60 days after the date of completing the 
initial opacity test and each annual opacity test required by this 
subpart, you must submit the results of the opacity test following the 
procedures specified in Sec.  60.2961(b)(1) through (3).
* * * * *


Sec.  60.2974   [Removed]

0
46. Remove Sec.  60.2974.
0
47. Section 60.2975 is amended by revising parameters ``Ea'' 
and ``Ehj'' of Equation 2 in paragraph (d) to read as 
follows:


Sec.  60.2975   What equations must I use?

* * * * *
    (d) * * *

Ea = Average carbon monoxide pollutant rate for the 12-
hour period, ppm corrected to 7 percent O2. Note that a 
12-hour period may include CEMS data during startup and shutdown, as 
defined in the subpart, in which case the period will not consist 
entirely of data that have been corrected to 7 percent 
O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O2. 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.

0
48. Section 60.2977 is amended by:
0
a. Revising the definition for ``Administrator'';
0
b. Adding in alphabetical order a definition for ``CEMS data during 
startup and shutdown'';
0
c. Removing the definition for ``Collected from'';
0
d. Revising the definitions for ``Deviation,'' ``Low-level radioactive 
waste,'' ``Municipal waste combustion unit,'' and ``Particulate 
matter''; and
0
e. Adding in alphabetical order definitions for ``Small OSWI unit'' and 
``Waste profile.''
    The revisions and additions read as follows:


Sec.  60.2977   What definitions must I know?

* * * * *
    Administrator means:
    (1) For approved and effective state section 111(d)/129 plans, the 
Director of the state air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the state air pollution 
control agency, or employee of the state air pollution control agency 
to whom the authority has been delegated by the Administrator of the 
EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the state air pollution control agency, or employee of 
the state air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified 
task.
* * * * *
    CEMS data during startup and shutdown means CEMS data collected 
during the first hours of a OSWI 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 OSWI 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.
* * * * *
    Deviation means any instance in which a unit that meets the 
requirements in Sec.  60.2885, or an owner or operator of such a 
source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements; 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

[[Page 54211]]

permit for any unit that meets the requirements in Sec.  60.2885 and is 
required to obtain such a permit.
* * * * *
    Low-level radioactive waste means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
state standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
* * * * *
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart FFFF of this part, any setting or equipment that 
combusts municipal solid waste (as defined in this subpart) including, 
but not limited to, field-erected, modular, cyclonic burn barrel, and 
custom built incineration units (with or without energy recovery) 
operating with starved or excess air, boilers, furnaces, and air 
curtain incinerators (except those air curtain incinerators listed in 
Sec.  60.2888(b)).
* * * * *
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by EPA Method 5 or EPA Method 29 of appendix A of 
this part.
* * * * *
    Small OSWI unit means OSWI units with capacities less than or equal 
to 10 tons per day.
* * * * *
    Waste profile means for a small OSWI unit the amount of each waste 
category burned as a percentage of total waste burned on a mass basis.
* * * * *
0
49. Table 1 to subpart EEEE of part 60 is amended by revising the 
heading, rows 7, 8, and 10, and footnote ``a'' to read as follows:

Table 1 to Subpart EEEE of Part 60--Emission Limitations for OSWI Units 
With Initial Startup Before [DATE OF PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER]

* * * * *

----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant           emission  limitation a    Using this averaging    compliance  using this
                                                                          time                    method
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of this part, or ASTM
                                                                 hour test runs; i.e.,    D7520-16 (incorporated
                                                                 thirty 6-minute          by reference (IBR) see
                                                                 averages).               Sec.   60.17), if the
                                                                                          following conditions
                                                                                          are met:
                                                                                         1. During the digital
                                                                                          camera opacity
                                                                                          technique (DCOT)
                                                                                          certification
                                                                                          procedure outlined in
                                                                                          Section 9.2 of ASTM
                                                                                          D7520-16, you or the
                                                                                          DCOT vendor must
                                                                                          present the plumes in
                                                                                          front of various
                                                                                          backgrounds of color
                                                                                          and contrast
                                                                                          representing
                                                                                          conditions anticipated
                                                                                          during field use such
                                                                                          as blue sky, trees,
                                                                                          and mixed backgrounds
                                                                                          (clouds and/or a
                                                                                          sparse tree stand).
                                                                                         2. You must also have
                                                                                          standard operating
                                                                                          procedures in place
                                                                                          including daily or
                                                                                          other frequency
                                                                                          quality checks to
                                                                                          ensure the equipment
                                                                                          is within
                                                                                          manufacturing
                                                                                          specifications as
                                                                                          outlined in Section
                                                                                          8.1 of ASTM D7520-16.
                                                                                         3. You must follow the
                                                                                          recordkeeping
                                                                                          procedures outlined in
                                                                                          Sec.   63.10(b)(1) for
                                                                                          the DCOT
                                                                                          certification,
                                                                                          compliance report,
                                                                                          data sheets, and all
                                                                                          raw unaltered JPEGs
                                                                                          used for opacity and
                                                                                          certification
                                                                                          determination.
                                                                                         4. You or the DCOT
                                                                                          vendor must have a
                                                                                          minimum of four
                                                                                          independent technology
                                                                                          users apply the
                                                                                          software to determine
                                                                                          the visible opacity of
                                                                                          the 300 certification
                                                                                          plumes. For each set
                                                                                          of 25 plumes, the user
                                                                                          may not exceed 15
                                                                                          percent opacity of any
                                                                                          one reading and the
                                                                                          average error must not
                                                                                          exceed 7.5 percent
                                                                                          opacity.

[[Page 54212]]

 
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Methods 7 and 7C only.
 
                                                  * * * * * * *
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec.   60.17) in lieu
                                                                                          of Method 6 only.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity and CEMS data during startup and shutdown) are measured at 7
  percent oxygen, dry basis at standard conditions. CEMS data during startup and shutdown are measured at stack
  oxygen content.

* * * * *
0
50. Tables 1a and 1b to subpart EEEE of part 60 are added to read as 
follows:

Table 1a to Subpart EEEE of Part 60--Emission Limitations for OSWI 
Units With Capacities Greater Than 10 Tons Per Day and With Initial 
Startup On or After [DATE OF PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER]

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

----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant           emission  limitation a    Using this averaging    compliance using this
                                                                          time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  40 parts per million by  3-run average (1 hour    Method 10, 10A, or 10B
                                        dry volume.              minimum sample time      of appendix A of this
                                                                 per run during           part and CEMS.
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS b.
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
                                        standard cubic meter.    minimum sample meter     of this part.
                                                                 time per run).
4. Hydrogen chloride.................  15 parts per million by  3-run average (1 hour    Method 26A of appendix
                                        dry volume.              minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of this part, or ASTM
                                                                 hour test runs; i.e.,    D7520-16 (IBR, see
                                                                 thirty 6-minute          Sec.   60.17), if the
                                                                 averages).               following conditions
                                                                                          are met:
                                                                                         1. During the digital
                                                                                          camera opacity
                                                                                          technique (DCOT)
                                                                                          certification
                                                                                          procedure outlined in
                                                                                          Section 9.2 of ASTM
                                                                                          D7520-16, you or the
                                                                                          DCOT vendor must
                                                                                          present the plumes in
                                                                                          front of various
                                                                                          backgrounds of color
                                                                                          and contrast
                                                                                          representing
                                                                                          conditions anticipated
                                                                                          during field use such
                                                                                          as blue sky, trees,
                                                                                          and mixed backgrounds
                                                                                          (clouds and/or a
                                                                                          sparse tree stand).
                                                                                         2. You must also have
                                                                                          standard operating
                                                                                          procedures in place
                                                                                          including daily or
                                                                                          other frequency
                                                                                          quality checks to
                                                                                          ensure the equipment
                                                                                          is within
                                                                                          manufacturing
                                                                                          specifications as
                                                                                          outlined in Section
                                                                                          8.1 of ASTM D7520-16.

[[Page 54213]]

 
                                                                                         3. You must follow the
                                                                                          recordkeeping
                                                                                          procedures outlined in
                                                                                          Sec.   63.10(b)(1) for
                                                                                          the DCOT
                                                                                          certification,
                                                                                          compliance report,
                                                                                          data sheets, and all
                                                                                          raw unaltered JPEGs
                                                                                          used for opacity and
                                                                                          certification
                                                                                          determination.
                                                                                         4. You or the DCOT
                                                                                          vendor must have a
                                                                                          minimum of four
                                                                                          independent technology
                                                                                          users apply the
                                                                                          software to determine
                                                                                          the visible opacity of
                                                                                          the 300 certification
                                                                                          plumes. For each set
                                                                                          of 25 plumes, the user
                                                                                          may not exceed 15
                                                                                          percent opacity of any
                                                                                          one reading and the
                                                                                          average error must not
                                                                                          exceed 7.5 percent
                                                                                          opacity.
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Methods 7 and 7C only.
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec.   60.17) in lieu
                                                                                          of Method 6 only.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity and CEMS data during startup and shutdown) are measured at 7
  percent oxygen, dry basis at standard conditions. CEMS data during startup and shutdown are measured at stack
  oxygen content.
b Calculated each hour as the average of the previous 12 operating hours.

Table 1b to Subpart EEEE of Part 60--Emission Limitations for Small 
OSWI With Initial Startup On or After [DATE OF PUBLICATION OF THE FINAL 
RULE IN THE FEDERAL REGISTER]

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

----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant           emission  limitation a    Using this averaging    compliance using this
                                                                          time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  400 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  69 parts per million by  3-run average (1 hour    Method 10, 10A, or 10B
                                        dry volume.              minimum sample time      of appendix A of this
                                                                 per run during           part
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS b.
3a. Dioxins/furans (total mass basis)  3,100 nanograms per dry  3-run average (1 hour    Method 23 of appendix A
 c.                                     standard cubic meter.    minimum sample meter     of this part.
                                                                 time per run).
3b. Dioxins/furans (toxic equivalency  40 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
 basis) c.                              standard cubic meter.    minimum sample meter     of this part.
                                                                 time per run).
4. Hydrogen chloride.................  210 parts per million    3-run average (1 hour    Method 26A of appendix
                                        by dry volume.           minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  26,000 micrograms per    3-run average (1 hour    Method 29 of appendix A
                                        dry standard cubic       minimum sample time      of this part.
                                        meter.                   per run).
6. Mercury...........................  12 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).

[[Page 54214]]

 
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of this part, or ASTM
                                                                 hour test runs; i.e.,    D7520-16 (IBR, see
                                                                 thirty 6-minute          Sec.   60.17), if the
                                                                 averages).               following conditions
                                                                                          are met:
                                                                                         1. During the digital
                                                                                          camera opacity
                                                                                          technique (DCOT)
                                                                                          certification
                                                                                          procedure outlined in
                                                                                          Section 9.2 of ASTM
                                                                                          D7520-16, you or the
                                                                                          DCOT vendor must
                                                                                          present the plumes in
                                                                                          front of various
                                                                                          backgrounds of color
                                                                                          and contrast
                                                                                          representing
                                                                                          conditions anticipated
                                                                                          during field use such
                                                                                          as blue sky, trees,
                                                                                          and mixed backgrounds
                                                                                          (clouds and/or a
                                                                                          sparse tree stand).
                                                                                         2. You must also have
                                                                                          standard operating
                                                                                          procedures in place
                                                                                          including daily or
                                                                                          other frequency
                                                                                          quality checks to
                                                                                          ensure the equipment
                                                                                          is within
                                                                                          manufacturing
                                                                                          specifications as
                                                                                          outlined in Section
                                                                                          8.1 of ASTM D7520-16.
                                                                                         3. You must follow the
                                                                                          recordkeeping
                                                                                          procedures outlined in
                                                                                          Sec.   63.10(b)(1) for
                                                                                          the DCOT
                                                                                          certification,
                                                                                          compliance report,
                                                                                          data sheets, and all
                                                                                          raw unaltered JPEGs
                                                                                          used for opacity and
                                                                                          certification
                                                                                          determination.
                                                                                         4. You or the DCOT
                                                                                          vendor must have a
                                                                                          minimum of four
                                                                                          independent technology
                                                                                          users apply the
                                                                                          software to determine
                                                                                          the visible opacity of
                                                                                          the 300 certification
                                                                                          plumes. For each set
                                                                                          of 25 plumes, the user
                                                                                          may not exceed 15
                                                                                          percent opacity of any
                                                                                          one reading and the
                                                                                          average error must not
                                                                                          exceed 7.5 percent
                                                                                          opacity.
8. Oxides of nitrogen................  180 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Methods 7 and 7C only.
9. Particulate matter................  210 micrograms per dry   3-run average (1 hour    Method 5 or 29 of
                                        standard cubic meter.    minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  38 parts per million by  3-run average (1 hour    Method 6 or 6C of
                                        dry volume.              minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec.   60.17) in lieu
                                                                                          of Method 6 only.
----------------------------------------------------------------------------------------------------------------
a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
b Calculated each hour as the average of the previous 12 operating hours.
c For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.

0
51. Table 2 to subpart EEEE of part 60 is revised to read as follows:

Table 2 to Subpart EEEE of Part 60--Operating Limits for Incinerators

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

[[Page 54215]]



----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating  parameters    these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Periodic..........  For batch, each     Daily for batch
                                   rate.                                   batch. For          units or small
                                                                           continuous or       OSWI units
                                                                           intermittent        complying with
                                                                           every hour.         Sec.
                                                                                               60.2932(d). 3-
                                                                                               hour rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units.a
2. Combustion temperature.......  Minimum combustion  Continuous........  Every 15 minutes..  3-hour rolling.a
                                   chamber operating
                                   temperature.
3. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling.a
 scrubber or amperage to wet       drop or amperage.
 scrubber.
4. Wet scrubber liquor flow rate  Minimum flow rate   Continuous........  Every 15 minutes..  3-hour rolling.a
                                   at inlet to the
                                   scrubber.
5. Wet scrubber liquor pH.......  Minimum pH at       Continuous........  Every 15 minutes..  3-hour rolling.a
                                   scrubber outlet.
6. Dry scrubber sorbent           Minimum injection   Continuous........  Every 15 minutes..  3-hour rolling.a
 injection.                        rate of each
                                   sorbent.
7. Electrostatic precipitator     Minimum secondary   Continuous........  Every 15 minutes..  3-hour rolling.a
 secondary electric power.         electric power,
                                   calculated from
                                   the secondary
                                   voltage and
                                   secondary current.
8. Bag leak detection system      Alarm time <5       Continuous........  Each date and time  Calculate alarm
 alarm time.                       percent of the                          of alarm start      time as specified
                                   operating time                          and stop.           in Sec.
                                   during a 6-month                                            60.2916(f).
                                   period.
9. Waste profile................  The amount of each  Periodic..........  For batch, each     Weekly.
                                   waste category                          batch. For
                                   burned as a                             continuous or
                                   percentage of                           intermittent
                                   total waste                             every hour.
                                   burned on a mass
                                   basis.
----------------------------------------------------------------------------------------------------------------
a Calculated each hour as the average of the previous 3 operating hours.

0
52. Table 3 to subpart EEEE of part 60 is amended by revising row 2 to 
read as follows:

Table 3 to Subpart EEEE of Part 60--Requirements for Continuous 
Emission Monitoring Systems (CEMS)

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------

0
53. Table 4 to subpart EEEE of part 60 is amended by revising row 1 and 
4 to read as follows:

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

* * * * *

----------------------------------------------------------------------------------------------------------------
               Report                       Due date                   Contents                  Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruction report..........  a. Prior to commencing  i. Statement of intent to    Sec.   60.2952.
                                      construction.           construct;.                 Sec.   60.2952.
                                                             ii. Anticipated date of
                                                              commencement of
                                                              construction;.
 

[[Page 54216]]

 
                                                  * * * * * * *
4. Annual report...................  a. No later than 12     i. Company Name and          Sec.  Sec.   60.2955
                                      months following the    address;.                    and 60.2956.
                                      submission of the
                                      initial test report.
                                      Subsequent reports
                                      are to be submitted
                                      no more than 12
                                      months following the
                                      previous report.
                                                             ii. Statement and signature  Sec.  Sec.   60.2955
                                                              by the owner or operator;.   and 60.2956.
                                                             iii. Date of report;.......  Sec.  Sec.   60.2955
                                                                                           and 60.2956.
                                                             iv. Values for the           Sec.  Sec.   60.2955
                                                              operating limits;.           and 60.2956.
                                                             v. If no deviations or       Sec.  Sec.   60.2955
                                                              malfunctions were            and 60.2956.
                                                              reported, a statement that
                                                              no deviations occurred
                                                              during the reporting
                                                              period;.
 
                                                  * * * * * * *
                                                             xi. For each small OSWI      Sec.  Sec.   60.2955
                                                              unit for which you           and 60.2956.
                                                              demonstrate continuous
                                                              compliance according to
                                                              Sec.   60.2932(d), if no
                                                              deviations from the
                                                              percentages established
                                                              for each waste category
                                                              according to the waste
                                                              profile required in Sec.
                                                              60.2932(d)(1) and the OSWI
                                                              unit has been operated
                                                              within the operating
                                                              parameter limits, a
                                                              statement that there were
                                                              no deviations from the
                                                              weekly waste profile
                                                              requirements and the OSWI
                                                              unit has been operated
                                                              within the operating
                                                              parameter limits.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
54. Subpart FFFF of part 60 is amended by revising the subpart heading 
to read as follows:

Subpart FFFF--Emission Guidelines and Compliance Times for Other 
Solid Waste Incineration Units

0
55. Section 60.2980 is revised to read as follows:


Sec.  60.2980   What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from other solid waste 
incineration (OSWI) units. The pollutants addressed by these emission 
guidelines are listed in tables 2 and 2b 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.
0
56. Section 60.2981 is revised to read as follows:


Sec.  60.2981   Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing 
incineration units as defined in Sec.  60.2992, you must submit a State 
plan to the U.S. Environmental Protection Agency (EPA) that implements 
the emission guidelines contained in this subpart.
    (b) You must submit the State plan to EPA by the dates specified in 
paragraph (b)(1) or (2) of this section.
    (1) By December 18, 2006, for OSWI units that commenced 
construction prior to December 9, 2004 or commenced reconstruction or 
modification on or before June 16, 2006.
    (2) By [DATE 1 YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER] for OSWI units that commenced construction after 
December 9, 2004 or reconstruction or modification after June 16, 2006 
but prior to August 31, 2020.
0
57. Section 60.2982 is revised to read as follows:


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

    No, you are not required to submit a State plan if there are no 
existing incineration units that are an OSWI unit as defined in 
Sec. Sec.  60.2992 and 60.3078 or air curtain incinerators subject to 
this subpart as described in Sec.  60.2994 in your State and you submit 
a negative declaration letter in place of the State plan.
0
58. Section 60.2983 is amended by revising paragraph (b) to read as 
follows:


Sec.  60.2983   What must I include in my 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, you must demonstrate that your State plan is at 
least as protective as the emission guidelines contained in this 
subpart. Your State plan must address regulatory applicability, 
compliance schedule, operator training and qualification, a waste 
management plan, emission limitations, stack testing or substitute 
means of compliance, operating parameter requirements, monitoring, 
recordkeeping and reporting, and air curtain incinerator requirements.
* * * * *
0
59. Section 60.2985 is revised to read as follows:


Sec.  60.2985   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 17, 2007, EPA will develop a Federal 
plan according to Sec.  60.27 to implement the emission guidelines 
contained in this subpart.
    (b) If you do not submit an approvable State plan that meets the 
requirements of this subpart and contains the emission limits in table 
2b of this subpart by [DATE 1 YEAR AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER], for OSWI units that commenced construction 
after December 9, 2004 but no later than August 31, 2020 or commenced 
reconstruction or modification after June 16, 2006 but no later than 
[DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 
REGISTER], the EPA will develop a Federal plan according to Sec.  
60.27, to implement the emission guidelines contained in this subpart.

[[Page 54217]]

    (c) Owners and operators of incineration units not covered by an 
approved State plan must comply with the Federal plan. The Federal plan 
is an interim action and applies to units until a State plan covering 
those units is approved and becomes effective.
0
60. Section 60.2986 is revised to read as follows:


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

    No, EPA has no formal review process for negative declaration 
letters. Once we receive your negative declaration letter, we will 
place a copy in the public docket and publish a notice in the Federal 
Register. If, at a later date, an existing incineration unit as defined 
in Sec.  60.2992 is found in your State, the Federal plan implementing 
the emission guidelines contained in this subpart would automatically 
apply to that unit until your State plan is approved.
0
61. Section 60.2987 is amended by:
0
a. Revising the introductory text and paragraph (a);
0
b. Redesignating paragraph (b) as paragraph (c); and
0
c. Adding paragraph (b).
    The revisions and addition read as follows:


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

    Your State plan must include compliance schedules that require 
existing incineration units as defined in Sec.  60.2992 to achieve 
final compliance as expeditiously as practicable after approval of the 
State plan but not later than the earlier of the following dates:
    (a) December 16, 2010 for existing incineration units specified in 
Sec.  60.2992(a)(1).
    (b) [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER] for existing incineration units specified in Sec.  
60.2992(a)(2).
* * * * *
0
62. Section 60.2988 is amended by revising paragraph (a) to read as 
follows:


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

* * * * *
    (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 existing incineration units as defined in Sec.  
60.2992(a)(1) to comply by December 16, 2010 or 3 years after the 
effective date of State plan approval, whichever is sooner. State plans 
must require all existing incineration units as defined in Sec.  
60.2992(a)(2) to comply by [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL 
RULE IN THE FEDERAL REGISTER] or 3 years after the effective date of 
State plan approval, whichever is sooner. This applies instead of the 
option for case-by-case less stringent emission standards and longer 
compliance schedules in Sec.  60.24(f).
* * * * *
0
63. Section 60.2989 is revised to read as follows:


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

    (a) No, this subpart does not directly affect incineration unit 
owners and operators in your state. However, unit owners and operators 
must comply with the State plan you develop to implement the emission 
guidelines contained in this subpart.
    (b) You must submit an approvable plan as required in paragraphs 
(b)(1) and (2) of this section.
    (1) For OSWI units with capacities greater than 10 tons per day, if 
you do not submit an approvable plan to implement and enforce the 
guidelines contained in this subpart by December 17, 2007, EPA will 
implement and enforce a Federal plan, as provided in Sec.  60.2985, to 
ensure that each unit within your State reaches compliance with all the 
provisions of this subpart by December 16, 2010.
    (2) For small OSWI units, if you do not submit an approvable State 
plan to implement and enforce the guidelines contained in this subpart 
by [DATE 2 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 
REGISTER], for OSWI units that commenced construction, reconstruction, 
or modification on or before August 31, 2020, the EPA will implement 
and enforce a federal plan, as provided in Sec.  60.2985, to ensure 
that each unit within your state that commenced construction, 
reconstruction, or modification on or before August 31, 2020, reaches 
compliance with all the provisions of this subpart by [DATE 5 YEARS 
AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
0
64. Section 60.2990 is revised to read as follows:


Sec.  60.2990   What Authorities are withheld by EPA?

    The following authorities are withheld by EPA and not transferred 
to the State, local or tribal agency:
    (1) The authority to approve alternatives to the emission 
limitations in tables 2 and 2b of this subpart and operating limits 
established under Sec.  60.3023 and table 3 of this subpart.
    (2) The authority to approve petitions for specific operating 
limits in accordance with the requirements in Sec.  60.3024.
    (3) The authority of the Administrator to receive and grant 
petitions under Sec.  60.8(b)(3) to approve of major alternatives to 
test methods in Sec.  60.3027.
    (4) The authority to approve major alternatives to monitoring in 
Sec. Sec.  60.3038 through 60.3044.
    (5) The authority to approve major alternatives to recordkeeping 
and reporting in Sec. Sec.  60.3046 through 60.3057.
    (6) The authority to receive the required notices and to approve 
continued operation in connection with the status report requirements 
in Sec.  60.3020(c)(2).
    (7) The authority of the Administrator to receive and grant 
petitions under Sec.  60.11(e)(6) through (8) to adjust opacity 
standards and establish opacity standards in accordance with Sec.  
60.3022 and Sec. Sec.  60.3066 through 60.3068.
    (8) The authority of the Administrator under Sec.  60.8(b)(4) to 
waive performance test and Sec.  60.8(b)(5) to approve shorter sampling 
times or smaller sample volumes.
    (9) The authority to approve an alternative to any electronic 
reporting to the EPA required by this subpart.
0
65. Section 60.2991 is amended by revising paragraph (b) to read as 
follows:


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

* * * * *
    (b) The incineration unit is an OSWI unit as defined in Sec.  
60.3078 or an air curtain incinerator (ACI) subject to this subpart as 
described in Sec.  60.2994(b). OSWI units are very small municipal 
waste combustion units and institutional waste incineration units as 
defined in Sec.  60.3078, and include small OSWI units (either very 
small municipal waste combustion units or institutional waste 
incinerators).
* * * * *
0
66. Section 60.2992 is revised to read as follows:


Sec.  60.2992   What is an existing incineration unit?

    (a) An existing incineration unit covered by state plan regulations 
under this subpart is an OSWI unit as defined in Sec.  60.3078 or air 
curtain incinerator as specified in Sec.  60.2994, which meets the 
criteria in paragraph (a)(1) or (3) of this section except as provided 
in paragraph (b) of this section.
    (1) The OSWI unit or air curtain incinerator subject to this 
subpart

[[Page 54218]]

commenced construction on or before December 9, 2004.
    (2) The OSWI unit or air curtain incinerator subject to this 
subpart is a small OSWI unit as defined in Sec.  60.3078 and commenced 
construction on or before August 31, 2020.
    (3) If the OSWI unit or air curtain incinerator subject to this 
subpart is a small OSWI unit as defined in Sec.  60.3078 that commenced 
construction after December 9, 2004 and prior to August 31, 2020, the 
unit remains subject to the applicable requirements of subpart EEEE of 
this part (New Source Performance Standards for Other Solid Waste 
Incineration Units) until the unit becomes subject to a state plan or 
federal plan that implements this subpart.
    (b) If the owner or operator of an incineration unit that commenced 
construction on or before December 9, 2005 makes changes that meet the 
definition of modification or reconstruction on or after June 16, 2006, 
the unit becomes subject to subpart EEEE of this part (New Source 
Performance Standards for Other Solid Waste Incineration Units) and the 
State plan no longer applies to that unit. If the incineration unit is 
a small OSWI unit as defined in Sec.  60.3078 that meets the definition 
of modification or reconstruction on and after June 16, 2006 and prior 
to [DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 
REGISTER], the unit remains subject to the applicable requirements of 
subpart EEEE of this part (New Source Performance Standards for Other 
Solid Waste Incineration Units) until the unit becomes subject to a 
state plan or federal plan that implements this subpart.
    (c) If the owner or operator of an existing incineration unit makes 
physical or operational changes to the unit primarily to comply with 
the State plan, then subpart EEEE of this part does not apply to that 
unit. Such changes do not qualify as modifications or reconstructions 
under subpart EEEE of this part.
0
67. Section 60.2993 is amended by revising paragraphs (b)(1) and (b)(3) 
to read as follows:


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

* * * * *
    (b) * * *
    (1) Has a federally enforceable permit limiting the combustion of 
municipal solid waste to 30 percent of the total fuel input by weight.
* * * * *
    (3) Provides the Administrator with a copy of the federally 
enforceable permit.
* * * * *
0
68. Section 60.2994 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


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

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are incineration units subject to all 
requirements of this subpart, including the emission limitations 
specified in tables 2 and 2b of this subpart.
    (b) Air curtain incinerators that burn less than 35 tons per day 
and burn only the materials listed in paragraphs (b)(1) through (4) of 
this section collected from the general public and from residential, 
commercial, institutional, and industrial sources; or, air curtain 
incinerators located at institutional facilities that burn only the 
materials listed in paragraphs (b)(1) through (4) of this section 
generated at that facility, are required to meet only the requirements 
in Sec. Sec.  60.3062 through 60.3068 and are exempt from all other 
requirements of this subpart.
* * * * *
0
69. Section 60.2998 is amended by revising the introductory text and 
adding paragraphs (j) and (k) to read as follows:


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

    The model rule contains eleven major components, as follows:
* * * * *
    (j) Definitions.
    (k) Tables.
0
70. Section 60.3003 is added to read as follows:


Sec.  60.3003   What else must I do prior to the compliance date if I 
meet the substitute means of compliance demonstration?

    If you intend to meet the requirements for the substitute means of 
compliance demonstration requirements in Sec.  60.3032, the 
requirements in Sec.  60.3032(a) and (b) must be completed prior to the 
compliance date in table 1 of this subpart.
0
71. Section 60.3014 is amended by revising paragraphs (b), (c) 
introductory text, (c)(1)(iv), (c)(1)(viii) and (c)(1)(x) to read as 
follows:


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

* * * * *
    (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) * * *
    (iv) Combustion controls and monitoring, including good combustion 
practices and waste characterization procedures.
* * * * *
    (viii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunction.
* * * * *
    (x) Applicable federal, state, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
* * * * *
0
72. Section 60.3015 is amended by revising the introductory text and 
paragraph (b) to read as follows:


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

    The operator training course must be completed by the latest of the 
dates specified in paragraphs (a) through (c) of this section.
* * * * *
    (b) Six months after your OSWI unit startup date.
* * * * *
0
73. Section 60.3017 is amended by revising paragraph (d) to read as 
follows:


Sec.  60.3017   How do I maintain my operator qualification?

* * * * *
    (d) Prevention and correction of malfunctions or conditions that 
may lead to malfunction.
* * * * *
0
74. Section 60.3019 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(4);
0
b. Adding paragraph (a)(10); and
0
c. Revising paragraph (c)(2).
    The revisions and addition read as follows:


Sec.  60.3019   What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the 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

[[Page 54219]]

can be readily accessed and are suitable for inspection upon request.
* * * * *
    (4) Procedures for maintaining good combustion practices, including 
proper combustion air supply levels.
* * * * *
    (10) Procedures for establishing initial and continuous compliance, 
including but not limited to, procedures to determine waste 
characterization.
* * * * *
    (c) * * *
    (2) Records showing the names of the OSWI unit operators who have 
completed the operator training requirements under Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec. Sec.  60.3017 or 60.3018. 
Records must include documentation of training, the dates of the 
initial and refresher training, and the dates of their qualification 
and all subsequent renewals of such qualifications.
* * * * *
0
75. Section 60.3020 is amended by revising the introductory text to 
read as follows:


Sec.  60.3020   What if all the qualified operators are temporarily not 
accessible?

    For each batch OSWI unit, a qualified operator must be accessible 
at all times when the unit is operating. For each continuous OSWI unit 
or intermittent OSWI unit, if all qualified operators are temporarily 
not accessible (i.e., not at the facility and not able to be at the 
facility within 1 hour), you must meet one of the three criteria 
specified in paragraphs (a) through (c) of this section, depending on 
the length of time that a qualified operator is not accessible.
* * * * *
0
76. Section 60.3022 is revised to read as follows:


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

    For OSWI units as defined in Sec.  60.2992(a)(1), you must meet the 
emission limitations specified in table 2 of this subpart. For small 
OSWI units as defined in Sec.  60.2992(a)(2), you must meet the 
emission limitations specified in table 2b of this subpart, except as 
provided in Sec.  60.2992(a)(3). You must meet the emissions 
limitations on the date the initial performance test is required or 
completed (whichever is earlier). Section 60.3031 specifies the date by 
which you are required to conduct your performance test.
0
77. Section 60.3023 is revised to read as follows:


Sec.  60.3023   What operating limits must I meet and by when?

    You must comply with the requirements in paragraphs (a) through (h) 
of this section, as applicable. If you own or operate a small OSWI unit 
using the substitute means of compliance demonstration under Sec.  
60.3032, the references in this section to the most recent performance 
test demonstrating compliance are not applicable and instead, refer to 
the limits established during the representative performance test 
identified in the information submitted as specified in Sec.  
60.3032(b).
    (a) You must establish a maximum charge rate, calculated using the 
procedures in paragraph (a)(1) or (2) of this section, as appropriate.
    (1) For continuous and intermittent units, maximum charge rate is 
the average charge rate measured during the most recent performance 
test demonstrating compliance with all applicable emission limitations.
    (2) For batch units, maximum charge rate is the charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (b) You must establish a minimum combustion chamber operating 
temperature, equal to the lowest 1-hour average combustion chamber 
operating temperature measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (c) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for the operating 
parameters as described in paragraphs (c)(1) through (3) of this 
section.
    (1) Minimum pressure drop across the wet 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 average 
amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (2) Minimum scrubber liquor flow rate, which is calculated as the 
lowest 1-hour average liquor flow rate at the inlet to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (3) Minimum scrubber liquor pH, which is calculated as the lowest 
1-hr average liquor pH at the outlet to the wet scrubber measured 
during the most recent performance test demonstrating compliance with 
the hydrogen chloride and sulfur dioxide emission limitations.
    (d) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance test. The minimum 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.
    (e) If you use an electrostatic precipitator to comply with the 
emission limitations, 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 minimum 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.
    (f) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during a 6-month period. Calculate the alarm time 
(i.e., time that the alarm sounds) as specified in paragraphs (f)(1) 
and (2) of this section.
    (1) If inspection of the fabric filter demonstrates that no 
corrective action is required, the alarm duration is not counted in the 
alarm time calculation.
    (2) If corrective action is required and you take less than an hour 
to initiate corrective action, the alarm time is counted as 1 hour. If 
you take longer than 1 hour to initiate corrective action, the alarm 
time is counted as the actual amount of time taken to initiate 
corrective action.
    (g) If you own or operate a small OSWI unit and you demonstrate 
continuous compliance according to Sec.  60.3033(d), you must establish 
the amount of waste burned in each waste category as a percentage of 
total waste burned on a mass basis. These percentages are your waste 
profile and must be based on the categories of waste fed to the 
incinerator (e.g., food waste, paper waste, wood waste) during the most 
recent performance test.
    (h) You must meet the operating limits specified in paragraphs (a) 
through (g) of this section no later than

[[Page 54220]]

the date specified in paragraph (h)(1) or (2) of this section, as 
applicable.
    (1) For each OSWI unit with a capacity greater than 10 tons per day 
or for each small OSWI unit for which you conduct an initial 
performance test under Sec.  60.3030(a), beginning on the date 180 days 
after your final compliance date in table 1 of this subpart.
    (2) For each small OSWI unit for which you use the substitute means 
of compliance demonstration under Sec.  60.3032, by the date you submit 
to the Administrator the information required in Sec.  60.3032(b).
0
78. Section 60.3024 is amended by revising the section heading and the 
introductory text to read as follows:


Sec.  60.3024   What if I do not use a wet scrubber, dry scrubber, or 
fabric filter to comply with the emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, dry scrubber, electrostatic precipitator, or fabric filter to 
comply with the emission limitations under Sec.  60.3022, you must 
petition EPA for specific operating limits, the values of which are to 
be established during the performance test and then continuously 
monitored thereafter. Additionally, unless you demonstrate continuous 
compliance using the requirements in Sec.  60.3032(d), if you limit 
emissions in some other manner, including material balances, to comply 
with the emission limitations under Sec.  60.3022, then you must submit 
a petition. You must submit the petition at least 60 days before the 
performance test is scheduled to begin and not conduct the initial 
performance test until after the petition has been approved by EPA. 
Your petition must include the five items listed in paragraphs (a) 
through (e) of this section.
* * * * *


Sec.  60.3025   [Removed]

0
79. Remove Sec.  60.3025.
0
80. Section 60.3027 is amended by revising paragraphs (b) through (e), 
(g) introductory text, (g)(1)(i), and (g)(3)(i) and (ii) to read as 
follows:


Sec.  60.3027   How do I conduct the initial and annual performance 
test?

* * * * *
    (b) All performance tests must be conducted using the methods in 
tables 2 and 2b of this subpart.
    (c) All performance tests must be conducted using the minimum run 
duration specified in tables 2 and 2b of this subpart.
    (d) EPA Method 1 of appendix A of this part must be used to select 
the sampling location and number of traverse points.
    (e) EPA Method 3A or 3B of appendix A of this part or ANSI/ASME PTC 
19.10-1981 (incorporated by reference, see Sec.  60.17), in lieu of EPA 
Method 3B, must be used for gas composition analysis, including 
measurement of oxygen concentration. EPA Method 3A or 3B of appendix A 
of this part or ANSI/ASME PTC 19.10-1981 must be used simultaneously 
with each method.
* * * * *
    (g) EPA Method 26A of appendix A of this part must be used for 
hydrogen chloride concentration analysis, with the additional 
requirements specified in paragraphs (g)(1) through (3) of this 
section.
    (1) * * *
    (i) Assemble the sampling train(s) and conduct a conditioning run 
by collecting between 14 liters per minute (0.5 cubic feet per minute) 
and 30 liters per minute (1.0 cubic feet per minute) of gas over a 1-
hour period. Follow the sampling procedures outlined in section 8.1.5 
of EPA Method 26A of appendix A of this part. For the conditioning run, 
water can be used as the impinger solution.
* * * * *
    (3) * * *
    (i) The cyclone described in section 6.1.4 of EPA Method 26A of 
appendix A of this part must be used.
    (ii) The post-test moisture removal procedure described in section 
8.1.6 of EPA Method 26A of appendix A of this part must be used.
0
81. Section 60.3028 is revised to read as follows:


Sec.  60.3028   How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in tables 2 and 2b of this subpart.
0
82. Section 60.3030 is revised to read as follows:


Sec.  60.3030   How do I demonstrate initial compliance with the 
emission limitations and establish the operating limits?

    (a) Except as provided in paragraph (b) of this section, you must 
conduct an initial performance test, as required under Sec.  60.8, to 
determine compliance with the emission limitations in table 2 or 2b of 
this subpart and to establish operating limits using the procedures in 
Sec.  60.3023 or Sec.  60.3024. The initial performance test must be 
conducted using the test methods listed in table 2 or 2b of this 
subpart and the procedures in Sec.  60.3027. In the event of any 
conflict between Sec.  60.8 and the provisions of this subpart, the 
provisions of this subpart shall apply.
    (b) For small OSWI units as defined in Sec.  60.3078, you must 
demonstrate initial compliance according to paragraph (a) of this 
section, unless you comply with the requirements for the substitute 
means of compliance demonstration requirements in Sec.  60.3032.
    (c) As an alternative to conducting a performance test under 
paragraph (a) of this section for carbon monoxide, you may use a 12-
hour rolling average of the 1-hour arithmetic average CEMS data to 
determine compliance with the emission limitations in tables 2 and 2b 
of this subpart. The initial performance evaluation required by Sec.  
60.3039(b) must be conducted prior to collecting CEMS data that will be 
used for the initial compliance demonstration.
0
83. Section 60.3031 is revised to read as follows:


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

    The initial performance test must be conducted no later than 180 
days after your final compliance date. Your final compliance date is 
specified in table 1 of this subpart.
0
84. Section 60.3032 is added to read as follows:


Sec.  60.3032   What are the substitute means of compliance 
demonstration requirements for small OSWI units?

    Instead of conducting the initial performance test in Sec.  
60.3030(a), small OSWI units, as defined in Sec.  60.3078, may 
demonstrate initial compliance according to the requirements in 
paragraphs (a) through (d) of this section.
    (a) For each OSWI unit for which you are using the substitute means 
of compliance demonstration, beginning on the effective date of your 
State plan approval, or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL 
RULE IN THE FEDERAL REGISTER], whichever date is earlier, you must 
collect the data in paragraphs (1) through (7) of this section until 
you meet the requirements in paragraph (b) of this section.
    (1) Identity and weight of each waste type (e.g., lbs of paper 
waste, food waste, wood or yard waste) on a weekly total basis for the 
date range the information is collected.
    (2) Identity and quantities (e.g., flow rate or percentage of 
operating time) of supplemental fuels burned on a weekly total basis 
for the date range the information is collected.
    (3) Percentage of total waste burned for each waste type on a 
weekly average

[[Page 54221]]

basis for the date range the information is collected.
    (4) Temperature indicative of the combustion chamber and 
description of where temperature is measured. Record this information 
on a 3-hour rolling average basis for the date range the information is 
collected.
    (5) Hours operated per day for the date range the information is 
collected.
    (6) Charge rate each day in tons per day for the date range the 
information is collected.
    (7) Operating parameter data for any air pollution control devices. 
For wet scrubbers, include pressure drop across the scrubber or 
amperage to the scrubber, scrubber liquor inlet flow rate, and scrubber 
liquor pH at the outlet of the scrubber. For dry scrubbers, include 
injection rate of each sorbent used. For electrostatic precipitators, 
include the secondary voltage, secondary amperage, and secondary power. 
Record this information on a 3-hour rolling average basis for the date 
range the information is collected.
    (b) On or before 3 years after the effective date of State plan 
approval, or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER], whichever is earlier, you must identify the results 
of a performance test in the EPA's WebFIRE database that is 
representative for your OSWI unit using the criteria in paragraphs 
(b)(2)(i) through (viii) of this section and submit the information in 
paragraphs (b)(1) and (2) of this section. You must submit the 
information following the procedure in paragraph (b)(3) of this 
section. The performance test may be any test that meets the 
requirements in paragraph (c) of this section, regardless of location, 
that is representative of your OSWI unit.
    (1) Identify the representative performance test used to 
demonstrate initial compliance with each OSWI unit by submitting the 
information in paragraphs (b)(1)(i) through (vi) of this section as 
provided in the EPA's WebFIRE database for the performance test.
    (i) Organization.
    (ii) Facility.
    (iii) City.
    (iv) State.
    (v) County.
    (vi) Submission date.
    (2) A description of how the test is representative for your OSWI 
unit, based on the following criteria, using the data collected as 
specified in paragraph (a) of this section:
    (i) Unit design, including type of unit and any associated air 
pollution control devices.
    (ii) Charge rate.
    (iii) Type of operation (batch, continuous, intermittent).
    (iv) Combustion temperature and location of temperature 
measurement.
    (v) Types of waste burned.
    (vi) The waste profile, as defined in Sec.  60.3078.
    (vii) Type and amount of supplemental fuels.
    (viii) Similarity of air pollution control devices and operation of 
the air pollution control devices, if the performance test was 
conducted on a unit with an air pollution control device.
    (3) You must submit the information required in paragraphs (b)(1) 
and (2) of this section via CEDRI, which can be accessed through the 
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will 
make all the information submitted through CEDRI available to the 
public without further notice to you. Do not use CEDRI to submit 
information you claim as confidential business information (CBI). 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim, submit the information, including information claimed to be 
CBI, to the EPA on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Other 
Solid Waste Incineration Units Sector Lead, MD C404-02, 4930 Old Page 
Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted via the EPA's CDX as described earlier in this paragraph 
(b)(3). Furthermore, under CAA section 114(c), emissions data is not 
entitled to confidential treatment, and the EPA is required to make 
emissions data available to the public. Thus, emissions data will not 
be protected as CBI and will be made publicly available.
    (c) Any performance test used as a representative test in a 
substitute means of compliance demonstration under paragraph (b) of 
this section must be conducted according to the initial testing 
requirements of Sec.  60.3027 and demonstrate initial compliance with 
the emissions limits in table 2b of this subpart. In addition to the 
results of the performance test and the information required by Sec.  
60.8(f)(2), the performance test report must contain the information in 
paragraphs (c)(1) through (8) of this section.
    (1) Unit design, including type of unit and any associated air 
pollution control devices.
    (2) Charge rate during the test.
    (3) Type of operation (batch, continuous, intermittent).
    (4) Combustion temperature and location of temperature measurement. 
The temperature must be recorded continuously for each run of the 
performance test. The performance test report must also identify the 
lowest 1-hour average combustion chamber operating temperature.
    (5) Types of waste burned during the test.
    (6) The waste profile, as defined in Sec.  60.3078, established 
during the test.
    (7) Type and amount of supplemental fuels burned during the test 
and the timeframe that each supplemental fuel was burned during the 
test.
    (8) If the performance test was conducted on a unit with an air 
pollution control device, the operating parameter data for the control 
device must be recorded continuously for each run of the performance 
test. The performance test report must also identify the lowest or 
highest, as applicable, 1-hour average for the operating parameter.
    (i) For wet scrubbers, the performance test report must include 
data for pressure drop across the scrubber or amperage to the scrubber, 
scrubber liquor inlet flow rate, and scrubber liquor pH at the outlet 
of the scrubber.
    (ii) For dry scrubbers, the performance test report must include 
data for the injection rate of each sorbent used.
    (iii) For electrostatic precipitators, the performance test report 
must include data for the secondary voltage, secondary amperage, and 
secondary power.
    (d) If there are no results from a performance test that meet the 
requirements of paragraph (c) of this section that are representative 
of your OSWI unit, you must demonstrate initial compliance according to 
the requirements of Sec.  60.3030(a).
0
85. Section 60.3033 is revised to read as follows:


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

    You must demonstrate continuous compliance according to the 
requirements in paragraphs (a) through (c) of this section, unless you 
own or operate a small OSWI unit, as defined in Sec.  60.3078. If you 
own or operate a small OSWI unit, you must either comply with the 
requirements in paragraphs (a) and (c) of this section or the 
requirements in paragraph (d) of this section.
    (a) You must conduct an annual performance test for all of the 
pollutants

[[Page 54222]]

in table 2 or 2b of this subpart for each OSWI unit to determine 
compliance with the emission limitations, except if you own or operate 
an OSWI unit with a capacity greater than 10 tons per day, you are not 
required to conduct an annual performance test for carbon monoxide. The 
annual performance test must be conducted using the test methods listed 
in table 2 or 2b of this subpart and the procedures in Sec.  60.3027.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Twelve-hour rolling average values, including CEMS data during startup 
and shutdown as defined in this subpart, are used to determine 
compliance. A 12-hour rolling average value above the carbon monoxide 
emission limit in table 2 or 2b of this subpart constitutes a deviation 
from the emission limitation.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.3023(a) through (f) or established under Sec.  
60.3024. Three-hour rolling average values are used to determine 
compliance with the operating limits, with the exception of bag leak 
detection system alarm time, unless a different averaging period is 
established under Sec.  60.3024. A 3-hour rolling average value (unless 
a different averaging period is established under Sec.  60.3024) above 
the established maximum or below the established minimum operating 
limits constitutes a deviation from the established operating limits. 
For bag leak detection systems, an alarm time of more than 5 percent of 
the operating time during a 6-month period constitutes a deviation from 
the operating limit. Operating limits do not apply during performance 
tests.
    (d) For each small OSWI unit, you must comply with the requirements 
in paragraphs (d)(1) through (3) of this section.
    (1) You must record the mass rate of each category of waste burned 
and on a weekly average basis and you must maintain the percentage of 
waste burned for each waste category within 15 percent of 
the percentage established for that waste category according to the 
waste profile established under Sec.  60.3023(g) and maintain records 
as required in Sec.  60.3046(o). Failure to maintain the percentage of 
waste burned for each waste category within 15 percent of 
the percentage established for that waste category constitutes a 
deviation.
    (2) If your waste profile will not meet the requirement in 
paragraph (d)(1) of this section, before combusting the modified waste 
stream, you must either conduct a performance test of the unit using 
the test methods listed in table 2b of this subpart and the procedures 
in Sec.  60.3027 with a waste stream representative of the new waste 
profile, or identify a representative performance test for the new 
waste profile. If you use a representative performance test, the 
performance test must meet the requirements in Sec.  60.3032(c), and 
you must submit the information in Sec.  60.3032(b)(1) and (2) to the 
Administrator. Failure to conduct a performance test or identify a 
representative test constitutes a deviation.
    (3) You must continuously monitor the operating parameters 
specified in Sec.  60.3023(b) through (f), as applicable. The total 
daily charge rate is used to determine compliance with the charge rate 
limit in Sec.  60.3023(a). For the operating parameters in Sec.  
60.3023(b) through (f), determine compliance as described in paragraphs 
(d)(3)(i) or (ii) of this section. Failure to meet the operating 
parameters specified in Sec.  60.3023(a) through (f) is a deviation.
    (i) Three-hour rolling average values are used to determine 
compliance with the operating parameter limits, unless your small OSWI 
unit operates on a batch basis and it is operated for less than three 
hours.
    (ii) If your small OSWI unit operates on a batch basis, and you 
operate for less than three hours, compliance with the operating 
parameter limits are determined by averaging the operating parameter 
over the length of the batch operation.
0
86. Section 60.3034 is revised to read as follows:


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

    For each OSWI unit that is subject to the annual performance test 
requirement in Sec.  60.3033(a), you must conduct annual performance 
tests within 12 months following the initial performance test. Conduct 
subsequent annual performance tests within 12 months following the 
previous one.
0
87. Section 60.3035 is amended by adding paragraph (d) to read as 
follows:


Sec.  60.3035   May I conduct performance testing less often?

* * * * *
    (d) For small OSWI units demonstrating initial compliance according 
to the substitute means of compliance demonstration requirements in 
Sec.  60.3032, the requirements in paragraphs (a) through (c) of this 
section do not apply.
0
88. Section 60.3036 is revised to read as follows:


Sec.  60.3036   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) For each small OSWI unit, as defined in Sec.  60.3078, for 
which you opt to demonstrate continuous compliance according to the 
requirements in Sec.  60.3033(d), if you want to establish new 
operating parameter limits or establish a different waste profile, you 
must comply with either paragraph (b)(1) or (2) of this section.
    (1) You must conduct a new performance test of the unit using the 
test methods listed in table 2b of this subpart and the procedures in 
Sec.  60.3027 with a waste stream representative of the new waste 
profile or under the new operating limits.
    (2) You must identify a representative performance test that meets 
the requirements in Sec.  60.3032(c). You must submit the information 
in Sec.  60.3032(b)(1) and (2) to the Administrator.
0
89. Section 60.3038 is amended by revising paragraph (a) to read as 
follows:


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

    (a) For each OSWI unit with a capacity greater than 10 tons per 
day, you must install, calibrate, maintain, and operate continuous 
emission monitoring systems for carbon monoxide and for oxygen. You 
must monitor the oxygen concentration at each location where you 
monitor carbon monoxide.
* * * * *
0
90. Section 60.3039 is amended by revising paragraphs (b) and (c) to 
read as follows:


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

* * * * *
    (b) Complete your initial performance evaluation of the continuous 
emission monitoring systems within 180 days after your final compliance 
date in table 1 of this subpart.
    (c) For initial and annual performance evaluations, collect data 
concurrently (or within 30 to 60 minutes) using your carbon monoxide 
and oxygen continuous emission monitoring systems. To validate carbon 
monoxide concentration levels, use EPA Method 10, 10A, or 10B of 
appendix A of this part. Use EPA Method 3A or 3B of appendix A to this 
part or ANSI/ASME PTC 19.10-198 (incorporated by

[[Page 54223]]

reference, see Sec.  60.17), in lieu of Method 3B, to measure oxygen. 
Collect the data during each initial and annual evaluation of your 
continuous emission monitoring systems following the applicable 
performance specifications in appendix B of this part. Table 4 of this 
subpart shows the required span values and performance specifications 
that apply to each continuous emission monitoring system.
* * * * *
0
91. Section 60.3041 is amended by revising the section heading and 
paragraphs (a) and (f) to read as follows:


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

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Except for CEMS data during startup 
and shutdown as defined in this subpart, the 1-hr arithmetic averages 
for carbon monoxide must be expressed in parts per million by dry 
volume corrected to 7 percent oxygen. The CEMS data during startup and 
shutdown are not corrected to 7 percent oxygen and are measured at 
stack oxygen content. Use the 1-hour averages of oxygen data from your 
CEMS to determine the actual oxygen level and to calculate emissions at 
7 percent oxygen. Use Equation 2 in Sec.  60.3076 to calculate the 12-
hour rolling averages from the 1-hour arithmetic averages.
* * * * *
    (f) If continuous emission monitoring systems are temporarily 
unavailable to meet the data collection requirements, refer to table 4 
of this subpart. It shows alternate methods for collecting data when 
systems malfunction or when repairs, calibration checks, or zero and 
span checks keep you from collecting the minimum amount of data. 
Failure to collect required data is a deviation of the monitoring 
requirements.
0
92. Section 60.3043 is amended by revising the section heading and 
paragraphs (a) and (c), and adding paragraph (d) to read as follows:


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

    (a) You must install, calibrate (to manufacturers' specifications 
at the frequency recommended by the manufacturer), 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, as applicable. 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. The devices must be positioned to provide a representative 
measurement of the parameter monitored.
* * * * *
    (c) If you are using a fabric filter to comply with the 
requirements of this subpart, you must install, calibrate, maintain, 
and continuously operate a bag leak detection system as specified in 
paragraphs (c)(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. The bag leak sensor(s) must be 
installed in a position(s) that will be representative of the relative 
or absolute particulate matter loadings for each exhaust stack, roof 
vent, or compartment 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; and in 
accordance with the guidance provided in EPA-454/R-98-015 (incorporated 
by reference, see Sec.  60.17(j));
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 1 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.
    (d) If you are required to petition the EPA for operating limits 
under Sec.  60.3024, you must install, calibrate (to the manufacturers' 
specifications), maintain, and operate the equipment necessary to 
monitor compliance with the site-specific operating limits established 
using the procedures in Sec.  60.3024.
0
93. Section 60.3046 is amended by revising the introductory text and 
paragraphs (b) through (e) and (g), and adding paragraphs (o) through 
(q) to read as follows:


Sec.  60.3046   What records must I keep?

    You must maintain the information specified in paragraphs (a) 
through (q) of this section, as applicable, for a period of at least 5 
years.
* * * * *
    (b) Records of the data described in paragraphs (b)(1) through (10) 
of this section.
    (1) The OSWI unit charge dates, times, weights, and total daily 
charge rates.
    (2) The combustion chamber operating temperature every 15 minutes 
of operation.
    (3) For each OSWI unit with a wet scrubber, the liquor flow rate to 
the wet scrubber inlet; pressure drop across the wet scrubber system or 
amperage to the wet scrubber; and liquor pH at the outlet of the wet 
scrubber, every 15 minutes of operation.
    (4) For each OSWI unit with a dry scrubber, the injection rate of 
each sorbent, every 15 minutes of operation.
    (5) For each OSWI unit with an electrostatic precipitator, the 
secondary voltage, secondary current, and secondary electric power, 
every 15 minutes of operation.
    (6) For each OSWI unit with a fabric filter, the date, time, and 
duration of each alarm; the times 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 the 
operating time during each 6-month period that the alarm sounds, 
calculated as specified in Sec.  60.3023(f).
    (7) For OSWI units that establish operating limits for controls 
under Sec.  60.3024, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits.
    (8) For OSWI units that use a carbon monoxide CEMS, all 1-hour 
average concentrations of carbon monoxide and oxygen.
    (9) All 12-hour rolling average values of carbon monoxide 
emissions, corrected to 7 percent oxygen (except during periods of 
startup and shutdown), and all 3-hour rolling average values of 
continuously monitored operating parameters, and total daily charge 
rates, as applicable.

[[Page 54224]]

    (10) Records of the dates, times, and durations of any bypass of 
the control device.
    (c) Records of the start date and time and duration in hours of 
each malfunction of operation (i.e., process equipment) or the air 
pollution control and monitoring equipment and description of the 
malfunction.
    (d) 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.
    (e) Start date, start time, end date and end time for each period 
for which monitoring data show a deviation from the carbon monoxide 
emissions limit in table 2 or 2b of this subpart or a deviation from 
the operating limits in table 3 of this subpart or a deviation from 
other operating limits established under Sec.  60.3024 with a 
description of the deviations, reasons for such deviations, and a 
description of corrective actions taken. You must record the start 
date, start time, end date and end time for each period when all 
qualified operators were not accessible in accordance with Sec.  
60.3020.
* * * * *
    (g) For carbon monoxide continuous emissions monitoring systems, 
document the results of your annual performance evaluations, daily 
drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of this part.
* * * * *
    (o) If you comply with the substitute means of compliance 
demonstration requirements in Sec.  60.3032 for your small OSWI unit, 
you must keep the records specified in paragraphs (o)(1) through (3) of 
this section.
    (1) Records of data collected as required in Sec.  60.3032(a)(2).
    (2) Copy of the representative performance test used to demonstrate 
initial compliance; and
    (3) Documentation of how the test in paragraph (o)(2) of this 
section is representative of the unit as required in Sec.  
60.3032(b)(2).
    (p) If you comply with the continuous compliance requirements in 
Sec.  60.3033(d), you must keep records of the following elements 
reported on a weekly basis at the frequency they are monitored in 
accordance with table 3 of this subpart (e.g., each 3-hr average 
recorded temperature), as specified in paragraphs (p)(1) through (7) of 
this section.
    (1) Start and end times the unit is operated when waste is being 
combusted.
    (2) Identity and weight of each waste category (e.g., lbs of solid 
waste, food waste, wood or yard waste).
    (3) Identities and quantities of supplemental fuel burned (e.g. 
flow rate or percentage of operating time).
    (4) The waste profile, as defined in Sec.  60.3078.
    (5) Temperature of unit combustion chamber and description of where 
temperature is measured, as a three-hour average for each batch 
operation.
    (6) Charge rate (in tons per day) of each operation,
    (7) For each OSWI unit using a wet scrubber, dry scrubber, 
electrostatic precipitator, or fabric filter, the records specified in 
paragraph (b)(3) through (10) of this section, as applicable.
    (q) Copies of any notifications submitted pursuant to Sec. Sec.  
60.2993 and 60.3061.
0
94. Section 60.3049 is amended by revising the introductory text to 
read as follows:


Sec.  60.3049   What information must I submit following my initial 
performance test?

    Unless you choose to comply with the substitute means of compliance 
demonstration requirements in Sec.  60.3032, 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.
* * * * *
0
95. Section 60.3050 is revised to read as follows:


Sec.  60.3050   When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.3049, unless you choose 
to comply with the substitute means of compliance demonstration 
requirements in Sec.  60.3032. If you choose to comply with the 
substitute means of compliance demonstration requirements in Sec.  
60.3032, you must submit an annual report no later than 12 months 
following the submission of the information in Sec.  60.3032(b). You 
must submit subsequent reports no more than 12 months following the 
previous report. The permit will address the submittal of annual 
reports for a unit with an operating permit required under title V of 
the Clean Air Act.
0
96. Section 60.3051 is amended by:
0
a. Revising the introductory text and paragraphs (b) through (f);
0
b. Removing and reserving paragraph (g);
0
c. Revising paragraph (h) and (j); and
0
d. Adding paragaph (k).
    The revisions and addition read as follows:


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

    The annual report required under Sec.  60.3050 must include the 
items listed in paragraphs (a) through (k) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec.  60.3052 
through 60.3054.
* * * * *
    (b) Statement by the owner or operator, with their name, title, and 
signature, certifying the truth, accuracy, and completeness of the 
report. Such certifications must also comply with the requirements of 
40 CFR 70.5(d) or 40 CFR 71.5(d). If your report is submitted via 
CEDRI, the certifier's electronic signature during the submission 
process replaces this requirement.
    (c) Date of report and beginning and ending dates of the reporting 
period. You are no longer required to provide the date of report when 
the report is submitted via CEDRI.
    (d) Identification of each OSWI unit, and for each OSWI unit, the 
parameters monitored and values for the operating limits established 
pursuant to Sec.  60.3023 or Sec.  60.3024.
    (e) If no deviations from any emission limitation or operating 
limit that applies to you has occurred during the annual reporting 
period, a statement that there were no deviations from the emission 
limitations or operating limits during the reporting period. If you use 
a CMS to monitor emissions or operating parameters and there were no 
periods during which any CMS was inoperative, inactive, malfunctioning 
or out of control, a statement that no monitoring system used to 
determine compliance with the emission limitations or operating limits 
was inoperative, inactive, malfunctioning or out of control.
    (f) The highest recorded 12-hour average and the lowest recorded 
12-hour average, as applicable, for carbon monoxide emissions if you 
are using a CEMS to demonstrate continuous compliance and the highest 
recorded 3-hour average and the lowest recorded 3-hour average, as 
applicable, for each operating parameter recorded for the calendar year 
being reported.
    (g) [Reserved]
    (h) If a performance test was conducted during the reporting 
period, identification of the OSWI unit tested, the pollutant(s) 
tested, and the date of the performance test. Submit, following

[[Page 54225]]

the procedure specified in Sec.  60.3056(b), the performance test 
report no later than the date that you submit the annual report.
* * * * *
    (j) The start date, start time, and duration in hours for each 
period when all qualified OSWI unit operators were unavailable for more 
than 12 hours, but less than 2 weeks.
    (k) If you are complying with the continuous compliance 
requirements for small OSWI units in Sec.  60.3033(d) and have had no 
deviations from the weekly waste profile requirements or deviations 
from the operating limits, a statement that there were no deviations 
from the weekly waste profile requirements, and the OSWI unit has been 
operated within the operating parameter limits established during the 
representative performance test identified in the information submitted 
as required in Sec.  60.3032(b) or the initial performance test 
conducted by the source, as required in Sec.  60.3032(d).
0
97. Section 60.3052 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  60.3052   What other reports must I submit if I have a deviation?

    (a) You must submit a deviation report as specified in paragraphs 
(a)(1) through (3) of this section:
    (1) If your OSWI unit fails to meet any requirement or obligation 
established by this subpart, including but not limited to any emission 
limitation, operating limit, or operator qualification and 
accessibility requirements.
    (2) If your OSWI unit fails to meet any term or condition that is 
adopted to implement an applicable requirement in this subpart and that 
is included in the operating permit for any unit that meets the 
requirements in Sec.  60.2991 and is required to obtain such a permit.
    (3) If you deviate from the requirements to have a qualified 
operator accessible as specified in Sec.  60.3020, you must meet the 
requirements of Sec.  60.3054.
* * * * *
0
98. Section 60.3053 is revised to read as follows:


Sec.  60.3053   What must I include in the deviation report?

    In each report required under Sec.  60.3052, you must include the 
company name and address and the beginning and ending dates for the 
reporting period. For any pollutant or operating parameter that 
deviated from the emission limitations, operating limits or other 
requirement specified in this subpart, or for each CMS that experienced 
downtime or was out of control, include the items described in 
paragraphs (a) through (g) of this section, as applicable. If you are 
complying with the continuous compliance requirements for small OSWI 
units in Sec.  60.3033(d), you must also include the items described in 
paragraphs (h) and (i) of this section. You must identify the OSWI unit 
associated with the information required in paragraphs (a) through (i) 
of this section in your deviation report.
    (a) Identification of the emission limit, operating parameter or 
other requirement from which there was a deviation and the start date, 
start time, and duration in hours of each deviation.
    (b) The averaged and recorded data for those dates, including, when 
applicable, the information recorded under Sec.  60.3046(b)(9) and (c) 
through (e) for the calendar period being reported.
    (c) The cause of each deviation from the emission limitations, 
operating limits or other requirement and your corrective actions.
    (d) For each CMS, the start date, start time, duration in hours, 
and cause for each instance of monitor downtime (other than downtime 
associated with zero, span, and other routine calibration checks).
    (e) For each CMS, the start date, start time, duration in hours, 
and corrective action taken for each instance that the monitor is out 
of control.
    (f) The dates, times, and durations in hours of any bypass of the 
control device and your corrective actions.
    (g) For batch OSWI units, the dates, times, and duration in hours 
of any deviation from the requirements to have a qualified operator 
accessible as required in Sec.  60.3014.
    (h) If you are complying with the continuous compliance 
requirements for small OSWI units in Sec.  60.3033(d), the dates, 
times, duration in weeks, and cause for each deviation from the waste 
profile required in Sec.  60.3033(d)(1).
    (i) The dates, times, duration in hours, and cause for each 
deviation from the operating parameter limits established during the 
representative performance test identified in the information submitted 
as required in Sec.  60.3032(b) or the initial performance test 
conducted by the source as required in Sec.  60.3030(d).
0
99. Section 60.3056 is revised to read as follows:


Sec.  60.3056   In what form can I submit my reports?

    (a) Before [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER], you must submit annual and deviation reports 
electronically or in paper format, postmarked on or before the 
submittal due dates. Beginning on [DATE 180 DAYS AFTER PUBLICATION OF 
THE FINAL RULE IN THE FEDERAL REGISTER], or once the reporting template 
for this subpart has been available on the Compliance and Emissions 
Data Reporting Interface (CEDRI) website for one year, whichever date 
is later, you must submit all subsequent annual compliance reports and 
deviation reports to the EPA via CEDRI, which can be accessed through 
the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA 
will make all the information submitted through CEDRI available to the 
public without further notice to you. Do not use CEDRI to submit 
information you claim as confidential business information (CBI). 
Anything submitted using CEDRI cannot later be claimed CBI. You must 
use the appropriate electronic report template on the CEDRI website 
(https://www.epa.gov/electronic-reporting-airemissions/cedri) for this 
subpart. The date report templates become available will be listed on 
the CEDRI website. The report must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. Although we do not expect persons to assert a claim of 
CBI, if you wish to assert a CBI claim, submit a complete report, 
including information claimed to be CBI, to the EPA. The report must be 
generated using the appropriate form on the CEDRI website or an 
alternate electronic file consistent with the extensible markup 
language (XML) schema listed on the CEDRI website. Submit the file on a 
compact disc, flash drive, or other commonly used electronic storage 
medium and clearly mark the medium as CBI. Mail the electronic medium 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Other Solid Waste 
Incineration Units Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph. 
Furthermore, under CAA section 114(c), emissions data is not entitled 
to confidential treatment, and the EPA is required to make emissions 
data available to the public. Thus, emissions data will not be 
protected as CBI and will be made publicly available.
    (b) Beginning on [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER], within 60 days after the date of completing 
each performance test required by this subpart, you must submit the 
results of the performance

[[Page 54226]]

test following the procedures specified in paragraphs (b)(1) through 
(3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via CEDRI, which can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) 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. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (3) CBI. Do not use CEDRI to submit information you claim as CBI. 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim for some of the information required under paragraph (b)(1) 
or (2) of this section CBI, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on EPA's ERT website. Submit the 
file on a compact disc, flash drive, or other commonly used electronic 
storage medium and clearly mark the medium as CBI. Mail the electronic 
medium 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 file with the CBI omitted must be submitted to the EPA 
via EPA's CDX as described in paragraphs (b)(1) and (2) of this 
section. All CBI claims must be asserted at the time of submission. 
Furthermore, under CAA section 114(c), emissions data is not entitled 
to confidential treatment, and the EPA is required to make emissions 
data available to the public. Thus, emissions data will not be 
protected as CBI and will be made publicly available.
    (c) Beginning on [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER], within 60 days after the date of completing 
each continuous emissions monitoring system (CEMS) performance 
evaluation, you must submit the results of the performance evaluation 
following the procedures specified in paragraphs (c)(1) through (3) of 
this section.
    (1) Performance evaluations of CEMS 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. Submit 
the results of the performance evaluation to the EPA via CEDRI, which 
can be accessed through the EPA's CDX. The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) Performance evaluations of CEMS 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. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (3) CBI. Do not use CEDRI to submit information you claim as CBI. 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim for some of the information required under paragraph (c)(1) 
or (2) of this section, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be 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. Submit 
the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium 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 file with the CBI omitted must be submitted 
to the EPA via the EPA's CDX as described in paragraphs (c)(1) and (2) 
of this section. All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c), emissions data is 
not entitled to confidential treatment, and the EPA is required to make 
emissions data available to the public. Thus, emissions data will not 
be protected as CBI and will be made publicly available.
    (d) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (d)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) 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 has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) A description of the measures taken or to be taken to 
minimize the delay in reporting; and
    (iv) The 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.
    (6) 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.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (e) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with the reporting requirement. To assert a 
claim of force majeure, you must meet the requirements outlined in 
paragraphs (e)(1) through (5) of this section.
    (1) You may submit a claim if 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 five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by

[[Page 54227]]

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).
    (2) 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 has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) A description of the measures taken or to be taken to 
minimize the delay in reporting; and
    (iv) The 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.
    (4) 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.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
0
100. Section 60.3059 is revised to read as follows:


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

    (a) Yes, if your OSWI unit is an existing incineration unit subject 
to an applicable EPA-approved and effective Clean Air Act section 
111(d)/129 State or Tribal plan or an applicable and effective Federal 
plan, you are required to obtain a title V operating permit for your 
OSWI unit. 40 CFR 70.5(a)(1) and 40 CFR 71.5(a)(1) addresses the title 
V application deadlines.
    (b) Air curtain incinerators as specified in Sec.  60.2994(b) and 
subject only to the requirements in Sec. Sec.  60.3062 through 60.3068 
are exempted from title V permitting requirements per these 
regulations.


Sec.  60.3060   [Removed]

0
101. Remov Sec.  60.3060.


Sec.  60.3062   [Amended]

0
102. Section 60.3062 is amended by removing and reserving paragraph 
(b).
0
103. Section 60.3067 is amended by revising paragraph (a) to read as 
follows:


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

    (a) Use EPA Method 9 of appendix A of this part or ASTM D7520-16 
(incorporated by reference (IBR), see Sec.  60.17), to determine 
compliance with the opacity limitation.
* * * * *
0
104. Section 60.3068 is amended by revising paragraph (d) to read as 
follows:


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

* * * * *
    (d) Before [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER], submit initial and annual opacity test reports 
as electronic or paper copy on or before the applicable submittal date. 
On and after [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE 
FEDERAL REGISTER], within 60 days after the date of completing the 
initial opacity test and each annual opacity test required by this 
subpart, you must submit the results of the opacity test following the 
procedures specified in Sec.  60.3056(b)(1) through (3).
* * * * *


Sec.  60.3069   [Removed]

0
105. Remove Sec.  60.3069.
0
106. Section 60.3076 is amended by revising parameters 
``Ea'' and ``Ehj'' of Equation 2 in paragraph (d) 
to read as follows:


Sec.  60.3076   What equations must I use?

* * * * *
    (d) * * *

Ea = Average carbon monoxide pollutant rate for the 12-
hour period, ppm corrected to 7 percent O2. Note that a 
12-hour period may include CEMS data during startup and shutdown, as 
defined in the subpart, in which case the period will not consist 
entirely of data that have been corrected to 7 percent 
O2.
Ehj = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O2. 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.

0
107. Section 60.3078 is amended by:
0
a. Revising the definition for ``Administrator'';
0
b. Adding in alphabetical order a definition for ``CEMS data during 
startup and shutdown'';
0
c. Removing the definition for ``Collected from'';
0
d. Revising the definitions for ``Deviation,'' ``Low-level radioactive 
waste,'' ``Municipal waste combustion unit,'' and ``Particulate 
Matter''; and
0
e. Adding in alphabetical order a definition for ``Small OSWI unit'' 
and ``Waste profile.''
    The revisions and additions read as follows:


Sec.  60.3078   What definitions must I know?

    Administrator means:
    (1) For approved and effective state section 111(d)/129 plans, the 
Director of the state air pollution control agency, or his or her 
delegatee;
    (2) For Federal section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the state air pollution 
control agency, or employee of the state air pollution control agency 
to whom the authority has been delegated by the Administrator of the 
EPA to perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the state air pollution control agency, or employee of 
the state air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified 
task.
* * * * *
    CEMS data during startup and shutdown means CEMS data collected 
during the first hours of a OSWI 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 OSWI 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.
* * * * *
    Deviation means any instance in which a unit that meets the 
requirements in Sec.  60.2991, or an owner or operator of such a 
source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements; 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 unit that meets requirements 
in Sec.  60.2991 and is required to obtain such a permit.
* * * * *

[[Page 54228]]

    Low-level radioactive waste means waste material that contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
state standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or byproduct 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
* * * * *
    Municipal waste combustion unit means, for the purpose of this 
subpart and subpart EEEE, any setting or equipment that combusts 
municipal solid waste (as defined in this subpart) including, but not 
limited to, field-erected, modular, cyclonic burn barrel, and custom 
built incineration units (with or without energy recovery) operating 
with starved or excess air, boilers, furnaces, and air curtain 
incinerators (except those air curtain incinerators listed in Sec.  
60.2994(b)).
* * * * *
    Particulate matter means total particulate matter emitted from OSWI 
units as measured by EPA Method 5 or EPA Method 29 of appendix A of 
this part.
* * * * *
    Small OSWI unit means OSWI units with capacities less than or equal 
to 10 tons per day.
* * * * *
    Waste profile means for a small OSWI unit the amount of each waste 
category burned as a percentage of total waste burned on a mass basis.
* * * * *
0
108. Table 1 to subpart FFFF of part 60 is revised to read as follows:

Table 1 to Subpart FFFF of Part 60--Model Rule--Compliance Schedule

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

------------------------------------------------------------------------
                                     Complete this
  For units as defined in . . .         action         By this date \a\
------------------------------------------------------------------------
Sec.   60.2992(a)(1)............  Final compliance    (Dates to be
                                   \b\.                specified in
                                                       State plan) \c\.
Sec.   60.2992(a)(2) and (a)(3),  Final compliance    (Dates to be
 as applicable.                    \b\.                specified in
                                                       State plan) \d\.
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ Final compliance means that you complete all process changes and
  retrofit of control devices so that, when the incineration unit is
  brought on line, all process changes and air pollution control devices
  necessary to meet the emission limitations operate as designed.
\c\ The date can be no later than 3 years after the effective date of
  State plan approval or December 16, 2010, whichever is earlier.
\d\ The date can be no later than 3 years after the effective date of
  State plan approval or [DATE 5 YEARS AFTER PUBLICATION OF THE FINAL
  RULE IN THE FEDERAL REGISTER], whichever is earlier.

0
109. Table 2 to subpart FFFF of part 60 is amended by revising the 
heading, rows 7, 8, and 10, and footnote ``a'' to read as follows:

Table 2 to Subpart FFFF of Part 60--Model Rule--Emission Limitations 
for OSWI Units

* * * * *

----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of this part, or ASTM
                                                                 hour test runs; i.e.,    D7520-16 (incorporated
                                                                 thirty 6-minute          by reference (IBR),
                                                                 averages).               see Sec.   60.17), if
                                                                                          the following
                                                                                          conditions are met:
                                                                                         1. During the digital
                                                                                          camera opacity
                                                                                          technique (DCOT)
                                                                                          certification
                                                                                          procedure outlined in
                                                                                          Section 9.2 of ASTM
                                                                                          D7520-16, you or the
                                                                                          DCOT vendor must
                                                                                          present the plumes in
                                                                                          front of various
                                                                                          backgrounds of color
                                                                                          and contrast
                                                                                          representing
                                                                                          conditions anticipated
                                                                                          during field use such
                                                                                          as blue sky, trees,
                                                                                          and mixed backgrounds
                                                                                          (clouds and/or a
                                                                                          sparse tree stand).
                                                                                         2. You must also have
                                                                                          standard operating
                                                                                          procedures in place
                                                                                          including daily or
                                                                                          other frequency
                                                                                          quality checks to
                                                                                          ensure the equipment
                                                                                          is within
                                                                                          manufacturing
                                                                                          specifications as
                                                                                          outlined in Section
                                                                                          8.1 of ASTM D7520-16.

[[Page 54229]]

 
                                                                                         3. You must follow the
                                                                                          recordkeeping
                                                                                          procedures outlined in
                                                                                          Sec.   63.10(b)(1) for
                                                                                          the DCOT
                                                                                          certification,
                                                                                          compliance report,
                                                                                          data sheets, and all
                                                                                          raw unaltered JPEGs
                                                                                          used for opacity and
                                                                                          certification
                                                                                          determination.
                                                                                         4. You or the DCOT
                                                                                          vendor must have a
                                                                                          minimum of four
                                                                                          independent technology
                                                                                          users apply the
                                                                                          software to determine
                                                                                          the visible opacity of
                                                                                          the 300 certification
                                                                                          plumes. For each set
                                                                                          of 25 plumes, the user
                                                                                          may not exceed 15
                                                                                          percent opacity of
                                                                                          anyone reading and the
                                                                                          average error must not
                                                                                          exceed 7.5 percent
                                                                                          opacity.
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Methods 7 and 7C only.
 
                                                  * * * * * * *
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec.   60.17) in lieu
                                                                                          of Method 6 only.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity and CEMS data during startup and shutdown) are measured at 7
  percent oxygen, dry basis at standard conditions. CEMS data during startup and shutdown are measured at stack
  oxygen content.

* * * * *
0
110. Table 2b to subpart FFFF of part 60 is added to read as follows:

Table 2b to Subpart FFFF of Part 60--Model Rule--Emission Limitations 
That Apply to Small OSWI Units On or After [DATE TO BE SPECIFIED IN 
STATE PLAN] \a\

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

----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \b\                      time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  2,000 micrograms per     3-run average (1 hour    Method 29 of appendix A
                                        dry standard cubic       minimum sample time      of this part.
                                        meter.                   per run).
2. Carbon monoxide...................  220 parts per million    3-run average (1 hour    Method 10, 10A, or 10B
                                        by dry volume.           minimum sample time      of appendix A of this
                                                                 per run during           part and CEMS.
                                                                 performance test), and
                                                                 12-hour rolling
                                                                 averages measured
                                                                 using CEMS \c\.
3a. Dioxins/furans (total mass basis)  4,700 nanograms per dry  3-run average (1 hour    Method 23 of appendix A
 \d\.                                   standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
3b. Dioxins/furans (toxic equivalency  86 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
 basis) \d\.                            standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
4. Hydrogen chloride.................  500 parts per million    3-run average (1 hour    Method 26A of appendix
                                        by dry volume.           minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  32,000 micrograms per    3-run average (1 hour    Method 29 of appendix A
                                        dry standard cubic       minimum sample time      of this part.
                                        meter.                   per run).
6. Mercury...........................  69 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).

[[Page 54230]]

 
7. Opacity...........................  10 percent.............  6-minute average         Method 9 of appendix A
                                                                 (observe over three 1-   of this part, or ASTM
                                                                 hour test runs; i.e.,    D7520-16 (IBR, see
                                                                 thirty 6-minute          Sec.   60.17), if the
                                                                 averages).               following conditions
                                                                                          are met:
                                                                                         1. During the digital
                                                                                          camera opacity
                                                                                          technique (DCOT)
                                                                                          certification
                                                                                          procedure outlined in
                                                                                          Section 9.2 of ASTM
                                                                                          D7520-16, you or the
                                                                                          DCOT vendor must
                                                                                          present the plumes in
                                                                                          front of various
                                                                                          backgrounds of color
                                                                                          and contrast
                                                                                          representing
                                                                                          conditions anticipated
                                                                                          during field use such
                                                                                          as blue sky, trees,
                                                                                          and mixed backgrounds
                                                                                          (clouds and/or a
                                                                                          sparse tree stand).
                                                                                         2. You must also have
                                                                                          standard operating
                                                                                          procedures in place
                                                                                          including daily or
                                                                                          other frequency
                                                                                          quality checks to
                                                                                          ensure the equipment
                                                                                          is within
                                                                                          manufacturing
                                                                                          specifications as
                                                                                          outlined in Section
                                                                                          8.1 of ASTM D7520-16.
                                                                                         3. You must follow the
                                                                                          recordkeeping
                                                                                          procedures outlined in
                                                                                          Sec.   63.10(b)(1) for
                                                                                          the DCOT
                                                                                          certification,
                                                                                          compliance report,
                                                                                          data sheets, and all
                                                                                          raw unaltered JPEGs
                                                                                          used for opacity and
                                                                                          certification
                                                                                          determination.
                                                                                         4. You or the DCOT
                                                                                          vendor must have a
                                                                                          minimum of four
                                                                                          independent technology
                                                                                          users apply the
                                                                                          software to determine
                                                                                          the visible opacity of
                                                                                          the 300 certification
                                                                                          plumes. For each set
                                                                                          of 25 plumes, the user
                                                                                          may not exceed 15
                                                                                          percent opacity of any
                                                                                          one reading and the
                                                                                          average error must not
                                                                                          exceed 7.5 percent
                                                                                          opacity.
8. Oxides of nitrogen................  210 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part, or ANSI/
                                                                                          ASME PTC 19.10-1981
                                                                                          (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Methods 7 and 7C only.
9. Particulate matter................  280 milligrams per dry   3-run average (1 hour    Method 5 or 29 of
                                        standard cubic meter.    minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  130 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, or ANSI/ASME PTC
                                                                                          19.10-1981 (IBR, see
                                                                                          Sec.   60.17) in lieu
                                                                                          of Method 6 only.
----------------------------------------------------------------------------------------------------------------
\a\ The date can be no later than 3 years after the effective date of State plan approval or [DATE 5 YEARS AFTER
  DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], whichever is earlier.
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. CEMS data during startup and shutdown are measured at stack oxygen content.
\c\ Calculated each hour as the average of the previous 12 operating hours.
\d\ For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.

0
111. Table 3 to subpart FFFF of part 60 is revised to read as follows:

Table 3 to Subpart FFFF of Part 60--Model Rule--Operating Limits for 
Incinerators

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

[[Page 54231]]



----------------------------------------------------------------------------------------------------------------
                                                            And monitoring using these minimum frequencies
 For these operating parameters   You must establish -----------------------------------------------------------
                                   operating limits    Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Periodic..........  For batch, each     Daily for batch
                                   rate.                                   batch. For          units or small
                                                                           continuous or       OSWI units
                                                                           intermittent,       complying with
                                                                           every hour.         Sec.
                                                                                               60.3033(d). 3-
                                                                                               hour rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units.\a\
2. Combustion temperature.......  Minimum combustion  Continuous........  Every 15 minutes..  3-hour rolling.\a\
                                   chamber operating
                                   temperature.
3. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling.\a\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
4. Wet scrubber liquor flow rate  Minimum flow rate   Continuous........  Every 15 minutes..  3-hour rolling.\a\
                                   at inlet to the
                                   scrubber.
5. Wet scrubber liquor pH.......  Minimum pH at       Continuous........  Every 15 minutes..  3-hour rolling.\a\
                                   scrubber outlet.
6. Dry scrubber sorbent           Minimum injection   Continuous........  Every 15 minutes..  3-hour rolling.\a\
 injection.                        rate of each
                                   sorbent.
7. Electrostatic precipitator     Minimum secondary   Continuous........  Every 15 minutes..  3-hour rolling.\a\
 secondary electric power.         electric power,
                                   calculated from
                                   the secondary
                                   voltage and
                                   secondary current.
8. Bag leak detection system      Alarm time < 5      Continuous........  Each date and time  Calculate alarm
 alarm time.                       percent of the                          of alarm start      time as specified
                                   operating time                          and stop.           in Sec.
                                   during a 6-month                                            60.3023(f).
                                   period.
9. Waste profile................  The amount of each  Periodic..........  For batch, each     Weekly.
                                   waste category                          batch. For
                                   burned as a                             continuous or
                                   percentage of                           intermittent,
                                   total waste                             every hour.
                                   burned on a mass
                                   basis.
----------------------------------------------------------------------------------------------------------------
\a\ Calculated each hour as the average of the previous 3 operating hours.

0
112. Table 4 to subpart FFFF of part 60 is amended by revising row 2 to 
read as follows:

Table 4 to Subpart FFFF of Part 60--Model Rule--Requirements for 
Continuous Emission Monitoring Systems (CEMS)

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following  alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2. Oxygen............................  25 percent oxygen......  P.S.3..................  Method 3A or 3B, or
                                                                                          ANSI/ASME PTC 19.10-
                                                                                          1981 (IBR, see Sec.
                                                                                          60.17) in lieu of
                                                                                          Method 3B only.
----------------------------------------------------------------------------------------------------------------

0
113. Table 5 to subpart FFFF of part 60 is amended by revising row 3. 
to read as follows:

Table 5 to Subpart FFFF of Part 60--Model Rule--Summary of Reporting 
Requirements

* * * * *

----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
3. Annual Report.....................  a. No later than 12      i. Company Name and      Sec.  Sec.   60.3050
                                        months following the     address;.                and 60.3051.
                                        submission of the
                                        initial test report.
                                        Subsequent reports are
                                        to be submitted no
                                        more than 12 months
                                        following the previous
                                        report.
 

[[Page 54232]]

 
                                                  * * * * * * *
                                                                vii. Information for     Sec.  Sec.   60.3050
                                                                 deviations or            and 60.3051.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 60.3046(b)(6) and (c)
                                                                 through (e);.
 
                                                  * * * * * * *
                                                                ix. If a performance     Sec.  Sec.   60.3050
                                                                 test was not conducted   and 60.3051.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   60.3035(a)
                                                                 or (b) were met; and.
 
                                                  * * * * * * *
                                                                xi. For each small OSWI  Sec.  Sec.   60.3050
                                                                 unit for which you       and 60.3051.
                                                                 demonstrate continuous
                                                                 compliance according
                                                                 to Sec.   60.3033(d),
                                                                 if no deviations from
                                                                 the percentages
                                                                 established for each
                                                                 waste category
                                                                 according to the waste
                                                                 profile required in
                                                                 Sec.   60.3033(d)(1)
                                                                 and the OSWI unit has
                                                                 been operated within
                                                                 the operating
                                                                 parameter limits, a
                                                                 statement that there
                                                                 were no deviations
                                                                 from the weekly waste
                                                                 profile requirements
                                                                 and the OSWI unit has
                                                                 been operated within
                                                                 the operating
                                                                 parameter limits.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-17730 Filed 8-28-20; 8:45 am]
BILLING CODE 6560-50-P