1

Subpart CCCC—Standards of Performance for Commercial and

Industrial Solid Waste Incineration Units

Introduction

§60.2000 What does this subpart do?

This subpart establishes new source performance

standards for commercial and industrial solid waste

incineration (CISWI) units.

§60.2005 When does this subpart become effective?

This subpart takes effect on [INSERT THE DATE 6 MONTHS

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL

REGISTER]. Some of the requirements in this subpart apply

to planning the CISWI unit (i.e., the preconstruction

requirements in §§60.2045 and 60.2050). Other requirements

such as the emission limitations and operating limits apply

after the CISWI unit begins operation.

Applicability

§60.2010 Does this subpart apply to my incineration unit?

Yes, if your incineration unit meets all the

requirements specified in paragraphs (a) through (c) of

this section.

(a) Your incineration unit is a new incineration unit

as defined in §60.2015.

(b) Your incineration unit is a CISWI unit as defined

in §60.2265.

(c) Your incineration unit is not exempt under

§60.2020.
2

(d) Regulation of your CISWI unit is not deferred

under §60.2025.

§60.2015 What is a new incineration unit?

(a) A new incineration unit is an incineration unit

that meets any of the criteria specified in paragraph

(a)(1) through (a)(2) of this section.

(1) A commercial and industrial solid waste

incineration unit that commenced construction after

[INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE

FEDERAL REGISTER].

(2) A commercial and industrial solid waste

incineration unit that commenced reconstruction or

modification after [INSERT THE DATE 6 MONTHS AFTER

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

(b) This subpart does not affect your CISWI unit if

you make physical or operational changes to your

incineration unit primarily to comply with the EG in

subpart DDDD of this part (Emission Guidelines and

Compliance Times for Commercial and Industrial Solid Waste

Incineration Units). Such changes do not qualify as

reconstruction or modification under this subpart.

§60.2020 What combustion units are exempt from this

subpart?

This subpart exempts the types of units described in

paragraphs (a), (c) through (i) and (n) of this section,

but some units are required to provide notifications.

Air curtain incinerators are exempt from the requirements

in this subpart except for the provisions in §§60.2242,

60.2250, and 60.2260.

(a) Pathological waste incineration units.
3

Incineration units burning 90 percent or more by weight (on

a calendar quarter basis and excluding the weight of

auxiliary fuel and combustion air) of pathological waste,

low-level radioactive waste, and/or chemotherapeutic waste

as defined in §60.2265 are not subject to this subpart if

you meet the two requirements specified in paragraphs

(a)(1) and (2) of this section.

(1) Notify the Administrator that the unit meets

these criteria.

(2) Keep records on a calendar quarter basis of the

weight of pathological waste, low-level radioactive waste,

and/or chemotherapeutic waste burned, and the weight of all

other fuels and wastes burned in the unit.

(b) [Reserved]

(c) Municipal waste combustion units. Incineration

units that are regulated under subpart Ea of this part

(Standards of Performance for Municipal Waste Combustors);

subpart Eb of this part (Standards of Performance for Large

Municipal Waste Combustors); subpart Cb of this part

(Emission Guidelines and Compliance Time for Large

Municipal Combustors);subpart AAAA of this part (Standards

of Performance for Small Municipal Waste Combustion Units);

or subpart BBBB of this part (Emission Guidelines for Small

Municipal Waste Combustion Units).

(d) Medical waste incineration units. Incineration

units regulated under subpart Ec of this part (Standards of

Performance for Hospital/Medical/Infectious Waste

Incinerators for Which Construction is Commenced After June

20, 1996) or subpart Ce of this part (Emission Guidelines

and Compliance Times for Hospital/Medical/Infectious Waste

Incinerators).
4

(e) Small power production facilities. Units that

meet the three requirements specified in paragraphs (e)(1)

through (3) of this section.

(1) The unit qualifies as a small power-production

facility under section 3(17)(C) of the Federal Power Act

(16 U.S.C. 796(17)(C)).

(2) The unit burns homogeneous waste (not including

refuse-derived fuel) to produce electricity.

(3) You submit a request to the Administrator for a

determination that the qualifying cogeneration facility is

combusting homogenous waste as that term is defined in

§60.2265. The request must include information sufficient

to document that the unit meets the criteria of the

definition of a small power production facility and that

the waste material the unit is proposed to burn is

homogeneous.

(f) Cogeneration facilities. Units that meet the

three requirements specified in paragraphs (f)(1) through

(3) of this section.

(1) The unit qualifies as a cogeneration facility

under section 3(18)(B) of the Federal Power Act (16 U.S.C.

796(18)(B)).

(2) The unit burns homogeneous waste (not including

refuse-derived fuel) to produce electricity and steam or

other forms of energy used for industrial, commercial,

heating, or cooling purposes.

(3) You submit a request to the Administrator for a

determination that the qualifying cogeneration facility is

combusting homogenous waste as that term is defined in

§60.2265 . The request must include information sufficient
5

to document that the unit meets the criteria of the

definition of a cogeneration facility and that the waste

material the unit is combusting is homogeneous.

(g) Hazardous waste combustion units. Units for which

you are required to get a permit under section 3005 of the

Solid Waste Disposal Act.

(h) Materials recovery units. Units that combust waste

for the primary purpose of recovering metals, such as

primary and secondary smelters.

(i) Air curtain incinerators. Air curtain

incinerators that burn only the materials listed in

paragraphs (i)(1) through (3) of this section are only

required to meet the requirements under “Air Curtain

Incinerators” (§§60.2245 through 60.2260).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean

lumber, and/or yard waste.

(j) [Reserved]

(k) [Reserved]

(l) [Reserved]

(m) Sewage treatment plants. Incineration units

regulated under subpart O of this part (Standards of

Performance for Sewage Treatment Plants).

(n) Sewage sludge incineration units. Incineration

units combusting sewage sludge for the purpose of reducing

the volume of the sewage sludge by removing combustible
6

matter that are subject to subpart LLLL of this part

(Standards of Performance for Sewage Sludge Incineration

Units) or subpart MMMM of this part (Emission Guidelines

for Sewage Sludge Incineration Units). Sewage sludge

incineration unit designs include fluidized bed and

multiple hearth.

§60.2030 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by

the U.S. Environmental Protection Agency (EPA), or a

delegated authority such as your State, local, or tribal

agency. If the EPA Administrator has delegated authority

to your state, local, or tribal agency, then that agency

(as well as EPA) has the authority to implement and enforce

this subpart. You should contact your EPA Regional Office

to find out if this subpart is delegated to your state,

local, or tribal agency.

(b) In delegating implementation and enforcement

authority of this subpart to a state, local, or tribal

agency, the authorities contained in paragraph (c) of this

section are retained by the EPA Administrator and are not

transferred to the state, local, or tribal agency.

(c) The authorities that will not be delegated to

state, local, or tribal agencies are specified in

paragraphs (c)(1) through (4) and (c)(6) through (10) of

this section.

(1) Approval of alternatives to the emission

limitations in table 1 of this subpart and operating limits

established under §60.2110.

(2) Approval of major alternatives to test methods.

(3) Approval of major alternatives to monitoring.
7

(4) Approval of major alternatives to recordkeeping

and reporting.

(5) [Reserved]

(6) The requirements in §60.2115.

(7) The requirements in §60.2100(b)(2).

(8) Approval of alternative opacity emission limits

in §60.2105 under §60.11(e)(6) through (e)(8).

(9) Performance test and data reduction waivers under

§60.2125(j), 60.8(b)(4) and (5).

(10) Determination of whether a qualifying small power

production facility or cogeneration facility under

§60.2020(e) or (f) is combusting homogenous waste as that

term is defined in §60.2265).

§60.2035 How are these new source performance standards

structured?

These new source performance standards contain the

eleven major components listed in paragraphs (a) through

(k) of this section.

(a) Preconstruction siting analysis.

(b) Waste management plan.

(c) Operator training and qualification.

(d) Emission limitations and operating limits.

(e) Performance testing.
8

(f) Initial compliance requirements.

(g) Continuous compliance requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

§60.2040 Do all eleven components of these new source

performance standards apply at the same time?

No. You must meet the preconstruction siting analysis

and waste management plan requirements before you commence

construction of the CISWI unit. The operator training and

qualification, emission limitations, operating limits,

performance testing and compliance, monitoring, and most

recordkeeping and reporting requirements are met after the

CISWI unit begins operation.

Preconstruction Siting Analysis

§60.2045 Who must prepare a siting analysis?

(a) You must prepare a siting analysis if you plan to

commence construction of an incinerator after December 1,

2000.

(b) You must prepare a siting analysis for CISWI

units that commenced construction after June 4, 2010, or

that commenced reconstruction or modification after [INSERT

THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN

THE FEDERAL REGISTER].

(c) You must prepare a siting analysis if you are

required to submit an initial application for a
9

construction permit under 40 CFR part 51, subpart I, or 40

CFR part 52, as applicable, for the reconstruction or

modification of your CISWI unit.

§60.2050 What is a siting analysis?

(a) The siting analysis must consider air pollution

control alternatives that minimize, on a site-specific

basis, to the maximum extent practicable, potential risks

to public health or the environment. In considering such

alternatives, the analysis may consider costs, energy

impacts, nonair environmental impacts, or any other factors

related to the practicability of the alternatives.

(b) Analyses of your CISWI unit's impacts that are

prepared to comply with state, local, or other Federal

regulatory requirements may be used to satisfy the

requirements of this section, provided they include the

consideration of air pollution control alternatives

specified in paragraph (a) of this section.

(c) You must complete and submit the siting

requirements of this section as required under §60.2190(c)

prior to commencing construction.

Waste Management Plan

§60.2055 What is a waste management plan?

A waste management plan is a written plan that

identifies both the feasibility and the methods used to

reduce or separate certain components of solid waste from

the waste stream in order to reduce or eliminate toxic

emissions from incinerated waste.

§60.2060 When must I submit my waste management plan?

You must submit a waste management plan prior to
10

commencing construction.

§60.2065 What should I include in my waste management

plan?

A waste management plan must include consideration of

the reduction or separation of waste-stream elements such

as paper, cardboard, plastics, glass, batteries, or metals;

or the use of recyclable materials. The plan must identify

any additional waste management measures and implement

those measures the source considers practical and feasible,

considering the effectiveness of waste management measures

already in place, the costs of additional measures, the

emissions reductions expected to be achieved, and any other

environmental or energy impacts they might have.

Operator Training and Qualification

§60.2070 What are the operator training and qualification

requirements?

(a) No CISWI unit can be operated unless a fully

trained and qualified CISWI unit operator is accessible,

either at the facility or can be at the facility within 1

hour. The trained and qualified CISWI unit operator may

operate the CISWI unit directly or be the direct supervisor

of one or more other plant personnel who operate the unit.

If all qualified CISWI unit operators are temporarily not

accessible, you must follow the procedures in §60.2100.

(b) Operator training and qualification must be

obtained through a state-approved program or by completing

the requirements included in paragraph (c) of this section.

(c) Training must be obtained by completing an

incinerator operator training course that includes, at a

minimum, the three elements described in paragraphs (c)(1)
11

through (3) of this section.

(1) Training on the eleven subjects listed in

paragraphs (c)(1)(i) through (xi) of this section.

(i) Environmental concerns, including types of

emissions.

(ii) Basic combustion principles, including products

of combustion.

(iii) Operation of the specific type of incinerator

to be used by the operator, including proper startup, waste

charging, and shutdown procedures.

(iv) Combustion controls and monitoring.

(v) Operation of air pollution control equipment and

factors affecting performance (if applicable).

(vi) Inspection and maintenance of the incinerator

and air pollution control devices.

(vii) Actions to prevent and correct malfunctions or

to prevent conditions that may lead to malfunctions.

(viii) Bottom and fly ash characteristics and

handling procedures.

(ix) Applicable Federal, State, and local

regulations, including Occupational Safety and Health

Administration workplace standards.

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and administered by the
12

instructor.

(3) Written material covering the training course

topics that may serve as reference material following

completion of the course.

§60.2075 When must the operator training course be

completed?

The operator training course must be completed by the

later of the three dates specified in paragraphs (a)

through (c) of this section.

(a) Six months after your CISWI unit startup.

(b) December 3, 2001.

(c) The date before an employee assumes

responsibility for operating the CISWI unit or assumes

responsibility for supervising the operation of the CISWI

unit.

§60.2080 How do I obtain my operator qualification?

(a) You must obtain operator qualification by

completing a training course that satisfies the criteria

under §60.2070(b).

(b) Qualification is valid from the date on which the

training course is completed and the operator successfully

passes the examination required under §60.2070(c)(2).

§60.2085 How do I maintain my operator qualification?

To maintain qualification, you must complete an annual

review or refresher course covering, at a minimum, the five

topics described in paragraphs (a) through (e) of this

section.
13

(a) Update of regulations.

(b) Incinerator operation, including startup and

shutdown procedures, waste charging, and ash handling.

(c) Inspection and maintenance.

(d) Prevention and correction of malfunctions or

conditions that may lead to malfunction.

(e) Discussion of operating problems encountered by

attendees.

§60.2090 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one

of the two methods specified in paragraphs (a) and (b) of

this section.

(a) For a lapse of less than 3 years, you must

complete a standard annual refresher course described in

§60.2085.

(b) For a lapse of 3 years or more, you must repeat

the initial qualification requirements in §60.2080(a).

§60.2095 What site-specific documentation is required?

(a) Documentation must be available at the facility

and readily accessible for all CISWI unit operators that

addresses the ten topics described in paragraphs (a)(1)

through (10) of this section. You must maintain this

information and the training records required by paragraph

(c) of this section in a manner that they can be readily

accessed and are suitable for inspection upon request.

(1) Summary of the applicable standards under this

subpart.
14

(2) Procedures for receiving, handling, and charging

waste.

(3) Incinerator startup, shutdown, and malfunction

procedures.

(4) Procedures for maintaining proper combustion air

supply levels.

(5) Procedures for operating the incinerator and

associated air pollution control systems within the

standards established under this subpart.

(6) Monitoring procedures for demonstrating

compliance with the incinerator operating limits.

(7) Reporting and recordkeeping procedures.

(8) The waste management plan required under

§§60.2055 through 60.2065.

(9) Procedures for handling ash.

(10) A list of the wastes burned during the

performance test.

(b) You must establish a program for reviewing the

information listed in paragraph (a) of this section with

each incinerator operator.

(1) The initial review of the information listed in

paragraph (a) of this section must be conducted within 6

months after the effective date of this subpart or prior to

an employee's assumption of responsibilities for operation

of the CISWI unit, whichever date is later.

(2) Subsequent annual reviews of the information

listed in paragraph (a) of this section must be conducted
15

not later than 12 months following the previous review.

(c) You must also maintain the information specified

in paragraphs (c)(1) through (3) of this section.

(1) Records showing the names of CISWI unit operators

who have completed review of the information in §60.2095(a)

as required by §60.2095(b), including the date of the

initial review and all subsequent annual reviews.

(2) Records showing the names of the CISWI operators

who have completed the operator training requirements under

§60.2070, met the criteria for qualification under

§60.2080, and maintained or renewed their qualification

under §60.2085 or §60.2090. Records must include

documentation of training, the dates of the initial and

refresher training, and the dates of their qualification

and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or

pager number at which they can be reached during operating

hours.

§60.2100 What if all the qualified operators are

temporarily not accessible?

If all qualified operators are temporarily not

accessible (i.e., not at the facility and not able to be at

the facility within 1 hour), you must meet one of the two

criteria specified in paragraphs (a) and (b) of this

section, depending on the length of time that a qualified

operator is not accessible.

(a) When all qualified operators are not accessible

for more than 8 hours, but less than 2 weeks, the CISWI

unit may be operated by other plant personnel familiar with

the operation of the CISWI unit who have completed a review
16

of the information specified in §60.2095(a) within the past

12 months. However, you must record the period when all

qualified operators were not accessible and include this

deviation in the annual report as specified under §60.2210.

(b) When all qualified operators are not accessible

for 2 weeks or more, you must take the two actions that are

described in paragraphs (b)(1) and (2) of this section.

(1) Notify the Administrator of this deviation in

writing within 10 days. In the notice, state what caused

this deviation, what you are doing to ensure that a

qualified operator is accessible, and when you anticipate

that a qualified operator will be accessible.

(2) Submit a status report to the Administrator every

4 weeks outlining what you are doing to ensure that a

qualified operator is accessible, stating when you

anticipate that a qualified operator will be accessible and

requesting approval from the Administrator to continue

operation of the CISWI unit. You must submit the first

status report 4 weeks after you notify the Administrator of

the deviation under paragraph (b)(1) of this section. If

the Administrator notifies you that your request to

continue operation of the CISWI unit is disapproved, the

CISWI unit may continue operation for 90 days, then must

cease operation. Operation of the unit may resume if you

meet the two requirements in paragraphs (b)(2)(i) and (ii)

of this section.

(i) A qualified operator is accessible as required

under §60.2070(a).

(ii) You notify the Administrator that a qualified

operator is accessible and that you are resuming operation.

Emission Limitations and Operating Limits
17

§60.2105 What emission limitations must I meet and by

when?

(a) You must meet the emission limitations for each

CISWI unit, including bypass stack or vent, specified in

table 1 of this subpart or tables 5 through 8 of this

subpart by the applicable date in §60.2140. You must be in

compliance with the emission limitations of this subpart

that apply to you at all times.

(b) An incinerator unit that commenced construction

after November 30, 1999 but no later than June 4, 2010 or

that commenced reconstruction or modification on or after

June 1, 2001 but no later than [INSERT THE DATE 6 MONTHS

AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL

REGISTER] must meet the more stringent emission limit for

the respective pollutant in table 1 of this subpart or

table 6 of subpart DDDD.

§60.2110 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the

emission limitations, you must establish operating limits

for up to four operating parameters (as specified in table

2 of this subpart) as described in paragraphs (a)(1)

through (4) of this section during the initial performance

test.

(1) Maximum charge rate, calculated using one of the

two different procedures in paragraph (a)(1)(i) or (ii), as

appropriate.

(i) For continuous and intermittent units, maximum

charge rate is 110 percent of the average charge rate

measured during the most recent performance test

demonstrating compliance with all applicable emission

limitations.
18

(ii) For batch units, maximum charge rate is 110

percent of the daily charge rate measured during the most

recent performance test demonstrating compliance with all

applicable emission limitations.

(2) Minimum pressure drop across the wet particulate

matter scrubber, which is calculated as the lowest 1-hour

average pressure drop across the wet scrubber measured

during the most recent performance test demonstrating

compliance with the particulate matter emission

limitations; or minimum amperage to the wet scrubber, which

is calculated as the lowest 1-hour average amperage to the

wet scrubber measured during the most recent performance

test demonstrating compliance with the particulate matter

emission limitations.

(3) Minimum scrubber liquid flow rate, which is

calculated as the lowest 1-hour average liquid flow rate at

the inlet to the wet acid gas or particulate matter

scrubber measured during the most recent performance test

demonstrating compliance with all applicable emission

limitations.

(4) Minimum scrubber liquor pH, which is calculated

as the lowest 1-hour average liquor pH at the inlet to the

wet acid gas scrubber measured during the most recent

performance test demonstrating compliance with the HCl

emission limitation.

(b) You must meet the operating limits established

during the initial performance test 60 days after your

CISWI unit reaches the charge rate at which it will

operate, but no later than 180 days after its initial

startup.

(c) If you use a fabric filter to comply with the

emission limitations, you must operate each fabric filter
19

system such that the bag leak detection system alarm does

not sound more than 5 percent of the operating time during

a 6-month period. In calculating this operating time

percentage, if inspection of the fabric filter demonstrates

that no corrective action is required, no alarm time is

counted. If corrective action is required, each alarm shall

be counted as a minimum of 1 hour. If you take longer than

1 hour to initiate corrective action, the alarm time shall

be counted as the actual amount of time taken by you to

initiate corrective action.

(d) If you use an electrostatic precipitator to

comply with the emission limitations, you must measure the

(secondary) voltage and amperage of the electrostatic

precipitator collection plates during the particulate

matter performance test. Calculate the average electric

power value (secondary voltage x secondary current =

secondary electric power) for each test run. The operating

limit for the electrostatic precipitator is calculated as

the lowest 1-hour average secondary electric power measured

during the most recent performance test demonstrating

compliance with the particulate matter emission

limitations.

(e) If you use activated carbon sorbent injection to

comply with the emission limitations, you must measure the

sorbent flow rate during the performance testing. The

operating limit for the carbon sorbent injection is

calculated as the lowest 1-hour average sorbent flow rate

measured during the most recent performance test

demonstrating compliance with the mercury emission

limitations.

(f) If you use selective noncatalytic reduction to

comply with the emission limitations, you must measure the

charge rate, the secondary chamber temperature (if

applicable to your CISWI unit), and the reagent flow rate

during the nitrogen oxides performance testing. The

operating limits for the selective noncatalytic reduction

are calculated as the lowest 1-hour average charge rate,

secondary chamber temperature, and reagent flow rate

measured during the most recent performance test

demonstrating compliance with the nitrogen oxides emission

limitations.
20

(g) If you do not use a wet scrubber, electrostatic

precipitator, or fabric filter to comply with the emission

limitations, and if you do not determine compliance with

your particulate matter emission limitation with a

particulate matter continuous emission monitoring system,

you must maintain opacity to less than or equal to 10

percent opacity (1-hour block average).

§60.2115 What if I do not use a wet scrubber, fabric

filter, activated carbon injection, selective noncatalytic

reduction, or an electrostatic precipitator to comply with

the emission limitations?

If you use an air pollution control device other than

a wet scrubber, activated carbon injection, selective

noncatalytic reduction, fabric filter, or an electrostatic

precipitator or limit emissions in some other manner,

including material balances, to comply with the emission

limitations under §60.2105, you must petition the EPA

Administrator for specific operating limits to be

established during the initial performance test and

continuously monitored thereafter. You must not conduct

the initial performance test until after the petition has

been approved by the Administrator. Your petition must

include the five items listed in paragraphs (a) through (e)

of this section.

(a) Identification of the specific parameters you

propose to use as additional operating limits.

(b) A discussion of the relationship between these

parameters and emissions of regulated pollutants,

identifying how emissions of regulated pollutants change

with changes in these parameters and how limits on these

parameters will serve to limit emissions of regulated

pollutants.

(c) A discussion of how you will establish the upper

and/or lower values for these parameters which will

establish the operating limits on these parameters.
21

(d) A discussion identifying the methods you will use

to measure and the instruments you will use to monitor

these parameters, as well as the relative accuracy and

precision of these methods and instruments.

(e) A discussion identifying the frequency and

methods for recalibrating the instruments you will use for

monitoring these parameters.

§ 60.2120 Affirmative Defense for Exceedance of an

Emission Limit During Malfunction..

In response to an action to enforce the standards set

forth in paragraph §60.2105 you may assert an affirmative

defense to a claim for civil penalties for exceedances of

such standards that are caused by malfunction, as defined

at 40 CFR 60.2. Appropriate penalties may be assessed,

however, if you fail to meet your burden of proving all of

the requirements in the affirmative defense. The

affirmative defense shall not be available for claims for

injunctive relief.

(a) To establish the affirmative defense in any action

to enforce such a limit, you must timely meet the

notification requirements in paragraph (b) of this section,

and must prove by a preponderance of evidence that:

(1) The excess emissions:

(i) Were caused by a sudden, infrequent, and

unavoidable failure of air pollution control and monitoring

equipment, process equipment, or a process to operate in a

normal or usual manner, and

(ii) Could not have been prevented through careful

planning, proper design or better operation and maintenance

practices; and
22

(iii) Did not stem from any activity or event that

could have been foreseen and avoided, or planned for; and

(iv) Were not part of a recurring pattern indicative

of inadequate design, operation, or maintenance; and

(2) Repairs were made as expeditiously as possible

when the applicable emission limitations were being

exceeded. Off-shift and overtime labor were used, to the

extent practicable to make these repairs; and

(3) The frequency, amount and duration of the excess

emissions (including any bypass) were minimized to the

maximum extent practicable during periods of such

emissions; and

(4) If the excess emissions resulted from a bypass of

control equipment or a process, then the bypass was

unavoidable to prevent loss of life, severe personal

injury, or severe property damage; and

(5) All possible steps were taken to minimize the

impact of the excess emissions on ambient air quality, the

environment and human health; and

(6) All emissions and/or parameter monitoring and

systems, as well as control systems, were kept in operation

if at all possible consistent with safety and good air

pollution control practices; and

(7) All of the actions in response to the excess

emissions were documented by properly signed,

contemporaneous operating logs; and

(8) At all times, the facility was operated in a

manner consistent with good practices for minimizing

emissions; and
23

(9) A written root cause analysis has been prepared,

the purpose of which is to determine, correct, and

eliminate the primary causes of the malfunction and the

excess emissions resulting from the malfunction event at

issue. The analysis shall also specify, using best

monitoring methods and engineering judgment, the amount of

excess emissions that were the result of the malfunction.

(b) Notification. The owner or operator of the

facility experiencing an exceedance of its emission

limit(s) during a malfunction shall notify the

Administrator by telephone or facsimile (FAX) transmission

as soon as possible, but no later than two business days

after the initial occurrence of the malfunction, if it

wishes to avail itself of an affirmative defense to civil

penalties for that malfunction. The owner or operator

seeking to assert an affirmative defense shall also submit

a written report to the Administrator within 45 days of the

initial occurrence of the exceedance of the standard in

§60.2105 to demonstrate, with all necessary supporting

documentation, that it has met the requirements set forth

in paragraph (a) of this section. The owner or operator

may seek an extension of this deadline for up to 30

additional days by submitting a written request to the

Administrator before the expiration of the 45 day period.

Until a request for an extension has been approved by the

Administrator, the owner or operator is subject to the

requirement to submit such report within 45 days of the

initial occurrence of the exceedance.

Performance Testing

§60.2125 How do I conduct the initial and annual

performance test?
24

(a) All performance tests must consist of a minimum

of three test runs conducted under conditions

representative of normal operations.

(b) You must document that the waste burned during

the performance test is representative of the waste burned

under normal operating conditions by maintaining a log of

the quantity of waste burned (as required in

§60.2175(b)(1)) and the types of waste burned during the

performance test.

(c) All performance tests must be conducted using the

minimum run duration specified in table 1 of this subpart

or tables 5 through 8 of this subpart.

(d) Method 1 of appendix A of this part must be used

to select the sampling location and number of traverse

points.

(e) Method 3A or 3B of appendix A of this part must

be used for gas composition analysis, including measurement

of oxygen concentration. Method 3A or 3B of appendix A of

this part must be used simultaneously with each method.

(f) All pollutant concentrations, except for opacity,

must be adjusted to 7 percent oxygen using Equation 1 of

this section:

Cadj= Cmeas(20.9–7)/(20.9-%O2) (Eq. 1)

Where:

Cadj= pollutant concentration adjusted to 7 percent oxygen;

Cmeas= pollutant concentration measured on a dry basis;

(20.9–7) = 20.9 percent oxygen−7 percent oxygen (defined

oxygen correction basis);
25

20.9 = oxygen concentration in air, percent; and

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

(g) You must determine dioxins/furans toxic

equivalency by following the procedures in paragraphs

(g)(1) through (3) of this section.

(1) Measure the concentration of each dioxin/furan

tetra-through octa-chlorinated isomer emitted using EPA

Method 23 at 40 CFR part 60, appendix A-7.

(2) For each dioxin/furan (tetra-through octachlorinated) isomer measured in accordance with paragraph

(g)(1) of this section, multiply the isomer concentration

by its corresponding toxic equivalency factor specified in

table 3 of this subpart.

(3) Sum the products calculated in accordance with

paragraph (g)(2) of this section to obtain the total

concentration of dioxins/furans emitted in terms of toxic

equivalency.

(h) Method 22 at 40 CFR part 60, appendix A-7 of this

part must be used to determine compliance with the fugitive

ash emission limit in table 1 of this subpart or tables 5

through 8 of this subpart.

(i) If you have an applicability opacity operating

limit, you must determine compliance with the opacity limit

using Method 9 at 40 CFR part 60, appendix A-4 of this

part, based on three 1-hour blocks consisting of ten 6-

minute average opacity values, unless you are required to

install a continuous opacity monitoring system, consistent

with §60.2145 and §60.2165.

§60.2130 How are the performance test data used?
26

You use results of performance tests to demonstrate

compliance with the emission limitations in table 1 of this

subpart or tables 5 through 8 of this subpart.

Initial Compliance Requirements

§60.2135 How do I demonstrate initial compliance with the

emission limitations and establish the operating limits?

You must conduct an initial performance test, as

required under §60.2125 and §60.2105 to determine

compliance with the emission limitations in table 1 of this

subpart or tables 5 through 8 of this subpart, to establish

compliance with any opacity operating limit in §60.2110,

and to establish operating limits using the procedures in

§60.2110 or §60.2115. The performance test must be

conducted using the test methods listed in table 1 of this

subpart or tables 5 through 8 of this subpart and the

procedures in §60.2125. The use of the bypass stack during

a performance test shall invalidate the performance test.

You must conduct a performance evaluation of each

continuous monitoring system within 60 days of installation

of the monitoring system.

§60.2140 By what date must I conduct the initial

performance test?

(a) The initial performance test must be conducted

within 60 days after your CISWI unit reaches the charge

rate at which it will operate, but no later than 180 days

after its initial startup.

(b) If you commence or recommence combusting a solid

waste at an existing combustion unit at any commercial or

industrial facility, and you conducted a test consistent

with the provisions of this subpart while combusting the

solid waste within the 6 months preceding the

reintroduction of that solid waste in the combustion

chamber, you do not need to retest until 6 months from the

date you reintroduce that solid waste.
27

(c) If you commence combusting or recommence

combusting a solid waste at an existing combustion unit at

any commercial or industrial facility and you have not

conducted a performance test consistent with the provisions

of this subpart while combusting the given solid waste

within the 6 months preceding the reintroduction of that

solid waste in the combustion chamber, you must conduct a

performance test within 60 days commencing or recommencing

solid waste combustion.

§60.2141 By what date must I conduct the initial air

pollution control device inspection?

(a) The initial air pollution control device

inspection must be conducted within 60 days after

installation of the control device and the associated CISWI

unit reaches the charge rate at which it will operate, but

no later than 180 days after the device’s initial startup.

(b) Within 10 operating days following an air

pollution control device inspection, all necessary repairs

must be completed unless the owner or operator obtains

written approval from the state agency establishing a date

whereby all necessary repairs of the designated facility

must be completed.

Continuous Compliance Requirements

§60.2145 How do I demonstrate continuous compliance with

the emission limitations and the operating limits?

(a) Compliance with standards.

(1) The emission standards and operating requirements

set forth in this subpart apply at all times.

(2) If you cease combusting solid waste, you may opt

to remain subject to the provisions of this subpart.

Consistent with the definition of CISWI unit, you are

subject to the requirements of this subpart at least 6

months following the last date of solid waste combustion.

Solid waste combustion is ceased when solid waste is not in
28

the combustion chamber (i.e., the solid waste feed to the

combustor has been cut off for a period of time not less

than the solid waste residence time).

(3) If you cease combusting solid waste, you must be

in compliance with any newly applicable standards on the

effective date of the waste-to-fuel switch. The effective

date of the waste-to-fuel switch is a date selected by you,

that must be at least 6 months from the date that you

ceased combusting solid waste, consistent with

§60.2145(a)(2). Your source must remain in compliance with

this subpart until the effective date of the waste-to-fuel

switch.

(4) If you own or operate an existing commercial or

industrial combustion unit that combusted a fuel or nonwaste material, and you commence or recommence combustion

of solid waste, you are subject to the provisions of this

subpart as of the first day you introduce or reintroduce

solid waste to the combustion chamber, and this date

constitutes the effective date of the fuel-to-waste switch.

You must complete all initial compliance demonstrations for

any section 112 standards that are applicable to your

facility before you commence or recommence combustion of

solid waste.

You must provide 30 days prior notice of the effective

date of the waste-to-fuel switch. The notification must

identify:

(i) The name of the owner or operator of the CISWI

unit, the location of the source, the emissions unit(s)

that will cease burning solid waste, and the date of the

notice;

(ii) The currently applicable subcategory under this

subpart, and any 40 CFR part 63 subpart and subcategory

that will be applicable after you cease combusting solid

waste;

(iii) The fuel(s), non-waste material(s) and solid

waste(s) the CISWI unit is currently combusting and has

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(iv) The date on which you became subject to the

currently applicable emission limits;
29

(v) The date upon which you will cease combusting

solid waste, and the date (if different) that you intend

for any new requirements to become applicable (i.e., the

effective date of the waste-to-fuel switch), consistent

with (2) and (3)) above.

(5) All air pollution control equipment necessary for

compliance with any newly applicable emissions limits which

apply as a result of the cessation or commencement or

recommencement of combusting solid waste must be installed

and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch.

(6) All monitoring systems necessary for compliance

with any newly applicable monitoring requirements which

apply as a result of the cessation or commencement or

recommencement of combusting solid waste must be installed

and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch. All calibration and drift

checks must be performed as of the effective date of the

waste-to-fuel, or fuel-to-waste switch. Relative accuracy

tests must be performed as of the performance test deadline

for PM CEMS. Relative accuracy testing for other CEMS need

not be repeated if that testing was previously performed

consistent with Clean Air Act section 112 monitoring

requirements or monitoring requirements under this subpart.

(b) You must conduct an annual performance test for

the pollutants listed in table 1 of this subpart or tables

5 through 8 of this subpart and opacity for each CISWI unit

as required under §60.2125.. The annual performance test

must be conducted using the test methods listed in table 1

of this subpart or tables 5 through 8 of this subpart and

the procedures in §60.2125. Annual performance tests are

not required if you use continuous emission monitoring

systems or continuous opacity monitoring systems to

determine compliance.

(c) You must continuously monitor the operating

parameters specified in §60.2110 or established under

§60.2115 and as specified in §60.2170. Use three-hour

block average values to determine compliance (except for
30

baghouse leak detection system alarms) unless a different

averaging period is established under §60.2115. Operation

above the established maximum, below the established

minimum, or outside the allowable range of operating limits

specified in paragraph (a) of this section constitutes a

deviation from your operating limits established under

this subpart, except during performance tests conducted to

determine compliance with the emission and operating limits

or to establish new operating limits. Operating limits

are confirmed or reestablished during performance tests.

(d) You must burn only the same types of waste used

to establish operating limits during the performance test.

(e) For energy recovery units, incinerators, and small

remote units, you must perform an annual visual emissions

test for ash handling.

(f) For energy recovery units, you must conduct an

annual performance test for opacity (except where

particulate matter continuous emission monitoring system or

continuous opacity monitoring systems are used are used)

and the pollutants listed in table 6 of this subpart.

(g) You must demonstrate continuous compliance with

the carbon monoxide emission limit using a carbon monoxide

continuous emission monitoring system according to the

following requirements:

(1) You must measure emissions according to §60.13 to

calculate 1-hour arithmetic averages, corrected to 7

percent oxygen. You must demonstrate initial compliance

with the carbon monoxide emissions limit using a 30-day

rolling average of these 1-hour arithmetic average emission

concentrations, calculated using Equation 19-19 in section

12.4.1 of EPA Reference Method 19 at 40 CFR part 60,

appendix A–7 of this part.

(2) Operate the carbon monoxide continuous emission

monitoring system in accordance with the requirements of

performance specification 4A of appendix B of this part and

quality assurance procedure 1 of appendix F of this part.

(h) For energy recovery units with design capacities

greater than or equal to 250 MMBtu/hr and waste-burning

kilns, demonstrate continuous compliance with the
31

particulate matter emissions limit using a particulate

matter continuous emission monitoring system according to

the procedures in §60.2165(n).

(i) For energy recovery units with design capacities

greater than or equal to 10 MMBtu/hour, if you have an

opacity operating limit, you must install, operate, certify

and maintain a continuous opacity monitoring system (COMS)

according to the procedures in §60.2165.

(j) For waste-burning kilns, you must conduct an

annual performance test for cadmium, lead, dioxins/furans

and hydrogen chloride as listed in table 7 of this subpart.

You must determine compliance with hydrogen chloride using

a hydrogen chloride continuous emission monitoring system

if you do not use an acid gas wet scrubber. You must

determine compliance with nitrogen oxides, sulfur dioxide,

carbon monoxide, and particulate matter using continuous

emission monitoring systems. You must determine compliance

with the mercury emissions limit using a mercury continuous

emission monitoring system according to the following

requirements:

(1) Operate a continuous emission monitoring system

in accordance with performance specification 12A of 40 CFR

part 60, appendix B or a sorbent trap based integrated

monitor in accordance with performance specification 12B of

40 CFR part 60, appendix B. The duration of the

performance test must be a calendar month. For each

calendar month in which the waste-burning kiln operates,

hourly mercury concentration data, and stack gas volumetric

flow rate data must be obtained.

(2) Owners or operators using a mercury continuous

emission monitoring system must install, operate,

calibrate, and maintain an instrument for continuously

measuring and recording the mercury mass emissions rate to

the atmosphere according to the requirements of performance

specifications 6 and 12A of 40 CFR part 60, appendix B, and

quality assurance procedure 6 of 40 CFR part 60, appendix

F.

(3) The owner or operator of a waste-burning kiln

must demonstrate initial compliance by operating a mercury

continuous emission monitoring system while the raw mill of

the in-line kiln/raw mill is operating under normal

conditions and while the raw mill of the in-line kiln/raw

mill is not operating.
32

(k) If you use an air pollution control device to

meet the emission limitations in this subpart, you must

conduct an initial and annual inspection of the air

pollution control device. The inspection must include, at

a minimum, the following:

(1) Inspect air pollution control device(s) for

proper operation.

(2) Develop a site-specific monitoring plan according

to the requirements in paragraph (l) of this section. This

requirement also applies to you if you petition the EPA

Administrator for alternative monitoring parameters under

§60.13(i).

(l) For each continuous monitoring system required in

this section, you must develop and submit to the EPA

Administrator for approval a site-specific monitoring plan

according to the requirements of this paragraph (l) that

addresses paragraphs (l)(1)(i) through (vi) of this

section.

(1) You must submit this site-specific monitoring

plan at least 60 days before your initial performance

evaluation of your continuous monitoring system.

(i) Installation of the continuous monitoring system

sampling probe or other interface at a measurement location

relative to each affected process unit such that the

measurement is representative of control of the exhaust

emissions (e.g., on or downstream of the last control

device).

(ii) Performance and equipment specifications for the

sample interface, the pollutant concentration or parametric

signal analyzer and the data collection and reduction

systems.

(iii) Performance evaluation procedures and

acceptance criteria (e.g., calibrations).

(iv) Ongoing operation and maintenance procedures in

accordance with the general requirements of §60.11(d).

(v) Ongoing data quality assurance procedures in

accordance with the general requirements of §60.13.
33

(vi) Ongoing recordkeeping and reporting procedures

in accordance with the general requirements of

§60.7(b),(c), (c)(1), (c)(4), (d), (e), (f), and (g).

(2) You must conduct a performance evaluation of each

continuous monitoring system in accordance with your sitespecific monitoring plan.

(3) You must operate and maintain the continuous

monitoring system in continuous operation according to the

site-specific monitoring plan.

(m) If you have an operating limit that requires the

use of a flow monitoring system, you must meet the

requirements in paragraphs (l) and (m)(1) through (4) of

this section.

(1) Install the flow sensor and other necessary

equipment in a position that provides a representative

flow.

(2) Use a flow sensor with a measurement sensitivity

of no greater than 2 percent of the expected process flow

rate.

(3) Minimize the effects of swirling flow or abnormal

velocity distributions due to upstream and downstream

disturbances.

(4) Conduct a flow monitoring system performance

evaluation in accordance with your monitoring plan at the

time of each performance test but no less frequently than

annually.

(n) If you have an operating limit that requires the

use of a pressure monitoring system, you must meet the

requirements in paragraphs (l) and (n)(1) through (6) of

this section.

(1) Install the pressure sensor(s) in a position that

provides a representative measurement of the pressure

(e.g., PM scrubber pressure drop).

(2) Minimize or eliminate pulsating pressure,

vibration, and internal and external corrosion.
34

(3) Use a pressure sensor with a minimum tolerance of

1.27 centimeters of water or a minimum tolerance of 1

percent of the pressure monitoring system operating range,

whichever is less.

(4) Perform checks at least once each process

operating day to ensure pressure measurements are not

obstructed (e.g., check for pressure tap pluggage daily).

(5) Conduct a performance evaluation of the pressure

monitoring system in accordance with your monitoring plan

at the time of each performance test but no less frequently

than annually.

(6) If at any time the measured pressure exceeds the

manufacturer's specified maximum operating pressure range,

conduct a performance evaluation of the pressure monitoring

system in accordance with your monitoring plan and confirm

that the pressure monitoring system continues to meet the

performance requirements in your monitoring plan.

Alternatively, install and verify the operation of a new

pressure sensor.

(o) If you have an operating limit that requires a pH

monitoring system, you must meet the requirements in

paragraphs (l) and (o)(1) through (4) of this section.

(1) Install the pH sensor in a position that provides

a representative measurement of scrubber effluent pH.

(2) Ensure the sample is properly mixed and

representative of the fluid to be measured.

(3) Conduct a performance evaluation of the pH

monitoring system in accordance with your monitoring plan

at least once each process operating day.

(4) Conduct a performance evaluation (including a twopoint calibration with one of the two buffer solutions

having a pH within 1 of the pH of the operating limit) of

the pH monitoring system in accordance with your monitoring

plan at the time of each performance test but no less

frequently than quarterly.

(p) If you have an operating limit that requires a

secondary electric power monitoring system for an

electrostatic precipitator, you must meet the requirements
35

in paragraphs (l) and (p)(1) through (2) of this section.

(1) Install sensors to measure (secondary) voltage

and current to the precipitator collection plates.

(2) Conduct a performance evaluation of the electric

power monitoring system in accordance with your monitoring

plan at the time of each performance test but no less

frequently than annually.

(q) If you have an operating limit that requires the

use of a monitoring system to measure sorbent injection

rate (e.g., weigh belt, weigh hopper, or hopper flow

measurement device), you must meet the requirements in

paragraphs (l) and (q)(1) and (2) of this section.

(1) Install the system in a position(s) that provides

a representative measurement of the total sorbent injection

rate.

(2) Conduct a performance evaluation of the sorbent

injection rate monitoring system in accordance with your

monitoring plan at the time of each performance test but no

less frequently than annually.

(r) If you elect to use a fabric filter bag leak

detection system to comply with the requirements of this

subpart, you must install, calibrate, maintain, and

continuously operate a bag leak detection system as

specified in paragraphs(l) and (r)(1) through (5) of this

section.

(1) Install a bag leak detection sensor(s) in a

position(s) that will be representative of the relative or

absolute particulate matter loadings for each exhaust

stack, roof vent, or compartment (e.g., for a positive

pressure fabric filter) of the fabric filter.

(2) Use a bag leak detection system certified by the

manufacturer to be capable of detecting particulate matter

emissions at concentrations of 10 milligrams per actual

cubic meter or less.

(3) Conduct a performance evaluation of the bag leak

detection system in accordance with your monitoring plan

and consistent with the guidance provided in EPA–454/R–98–

015 (incorporated by reference, see §60.17).
36

(4) Use a bag leak detection system equipped with a

device to continuously record the output signal from the

sensor.

(5) Use a bag leak detection system equipped with a

system that will sound an alarm when an increase in

relative particulate matter emissions over a preset level

is detected. The alarm must be located where it is

observed readily by plant operating personnel.

(s) For facilities using a continuous emission

monitoring system to demonstrate compliance with the sulfur

dioxide emission limit, compliance with the sulfur dioxide

emission limit may be demonstrated by using the continuous

emission monitoring system specified in §60.2165 to measure

sulfur dioxide and calculating a 30-day rolling average

emission concentration using Equation 19-19 in section

12.4.1 of EPA Reference Method 19 at 40 CFR part 60,

Appendix A-7 of this part. The sulfur dioxide continuous

emission monitoring system must be operated according to

performance specification 2 in appendix B of this part and

must follow the procedures and methods specified in this

paragraph (s). For sources that have actual inlet

emissions less than 100 parts per million dry volume, the

relative accuracy criterion for inlet sulfur dioxide

continuous emission monitoring systems should be no greater

than 20 percent of the mean value of the reference method

test data in terms of the units of the emission standard,

or 5 parts per million dry volume absolute value of the

mean difference between the reference method and the

continuous emission monitoring systems, whichever is

greater.

(1) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 2 in appendix B of this part,

collect sulfur dioxide and oxygen (or carbon dioxide) data

concurrently (or within a 30- to 60-minute period) with

both the continuous emission monitors and the test methods

specified in paragraphs (s)(1)(i) and (s)(1)(ii) of this

section.

(i) For sulfur dioxide, EPA Reference Method 6 or 6C,

or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated

by reference, see §60.17) must be used.
37

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10–

1981 (incorporated by reference, see §60.17), must be used.

(2) The span value of the continuous emission

monitoring system at the inlet to the sulfur dioxide

control device must be 125 percent of the maximum estimated

hourly potential sulfur dioxide emissions of the unit

subject to this rule. The span value of the continuous

emission monitoring system at the outlet of the sulfur

dioxide control device must be 50 percent of the maximum

estimated hourly potential sulfur dioxide emissions of the

unit subject to this rule.

(3) Conduct accuracy determinations quarterly and

calibration drift tests daily in accordance with procedure

1 in appendix F of this part.

(t) For facilities using a continuous emission

monitoring system to demonstrate continuous compliance with

the nitrogen oxides emission limit, compliance with the

nitrogen oxides emission limit may be demonstrated by using

the continuous emission monitoring system specified in

§60.2165 to measure nitrogen oxides and calculating a 30-

day rolling average emission concentration using Equation

19-19 in section 12.4.1 of EPA Reference Method 19 at 40

CFR part 60, appendix A-7 of this part. The nitrogen

oxides continuous emission monitoring system must be

operated according to performance specification 2 in

appendix B of this part and must follow the procedures and

methods specified in paragraphs (t)(1) through (t)(5) of

this section.

(1) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 2 of appendix B of this part,

collect nitrogen oxides and oxygen (or carbon dioxide) data

concurrently (or within a 30- to 60-minute period) with

both the continuous emission monitoring systems and the

test methods specified in paragraphs (t)(1)(i) and

(t)(1)(ii) of this section.

(i) For nitrogen oxides, EPA Reference Method 7 or 7E

at 40 CFR part 60, appendix A-4 must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3A or 3B at 40 CFR part 60, appendix A-3, or as an
38

alternative ANSI/ASME PTC 19–10.1981 (incorporated by

reference, see §60.17), as applicable, must be used.

(2) The span value of the continuous emission

monitoring system must be 125 percent of the maximum

estimated hourly potential nitrogen oxide emissions of the

unit.

(3) Conduct accuracy determinations quarterly and

calibration drift tests daily in accordance with procedure

1 in appendix F of this part.

(4) The owner or operator of an affected facility may

request that compliance with the nitrogen oxides emission

limit be determined using carbon dioxide measurements

corrected to an equivalent of 7 percent oxygen. If carbon

dioxide is selected for use in diluent corrections, the

relationship between oxygen and carbon dioxide levels must

be established during the initial performance test

according to the procedures and methods specified in

paragraphs (t)(4)(i) through (t)(4)(iv) of this section.

This relationship may be re-established during performance

compliance tests.

(i) The fuel factor equation in Method 3B must be

used to determine the relationship between oxygen and

carbon dioxide at a sampling location. Method 3A or 3B, or

as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by

reference, see §60.17), as applicable, must be used to

determine the oxygen concentration at the same location as

the carbon dioxide monitor.

(ii) Samples must be taken for at least 30 minutes in

each hour.

(iii) Each sample must represent a 1-hour average.

(iv) A minimum of three runs must be performed.

(u) For facilities using a continuous emission

monitoring system to demonstrate continuous compliance with

any of the emission limits of this subpart, you must

complete the following:

(1) Demonstrate compliance with the appropriate

emission limit(s) using a 30-day rolling average,

calculated using Equation 19-19 in section 12.4.1 of EPA
39

Reference Method 19 at 40 CFR part 60, appendix A-7 of this

part.

(2) Operate all continuous emission monitoring

systems in accordance with the applicable procedures under

appendices B and F of this part.

(v) Use of the bypass stack at any time is an emissions standards deviation for particulate matter,

HCl, Pb, Cd, Hg, NOx, SO2, and dioxin/furans. §60.2150 By what date must I

conduct the annual performance test?

You must conduct annual performance tests between 11

and 13 months of the previous performance test.

§60.2151 By what date must I conduct the annual air

pollution control device inspection?

On an annual basis (no more than 12 months following

the previous annual air pollution control device

inspection), you must complete the air pollution control

device inspection as described in §60.2141.

§60.2155 May I conduct performance testing less often?

(a) You must conduct annual performance tests

according to the schedule specified in §60.2150, with the

following exceptions:

(1) You may conduct a repeat performance test at any

time to establish new values for the operating limits to

apply from that point forward, as specified in §60.2160.

The Administrator may request a repeat performance test at

any time.

(2) You must repeat the performance test within 60

days of a process change, as defined in §60.2265.

(3) If the initial or any subsequent performance test

for any pollutant in table 1 or tables 5 through 8 of this

subpart, as applicable, demonstrates that the emission

level for the pollutant is no greater than the emission

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of

this section, as applicable, and you are not required to
40

conduct a performance test for the pollutant in response to

a request by the Administrator in paragraph (a)(1) of this

section or a process change in paragraph (a)(2) of this

section, you may elect to skip conducting a performance

test for the pollutant for the next 2 years. You must

conduct a performance test for the pollutant during the

third year and no more than 36 months following the

previous performance test for the pollutant. For cadmium

and lead, both cadmium and lead must be emitted at emission

levels no greater than their respective emission levels

specified in paragraph (a)(3)(i) of this section for you to

qualify for less frequent testing under this paragraph.

(i) For particulate matter, hydrogen chloride,

mercury, nitrogen oxides, sulfur dioxide, cadmium, and

lead, the emission level equal to 50 percent of the

applicable emission limit in table 1 or tables 5 through 8

of this subpart, as applicable, to this subpart.

(ii) For fugitive emissions, visible emissions (of

combustion ash from the ash conveying system) for 2 percent

of the time during each of the three 1-hour observation

periods.

(4) If you are conducting less frequent testing for a

pollutant as provided in paragraph (a)(3) of this section

and a subsequent performance test for the pollutant

indicates that your CISWI unit does not meet the emission

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of

this section, as applicable, you must conduct annual

performance tests for the pollutant according to the

schedule specified in paragraph (a) of this section until

you qualify for less frequent testing for the pollutant as

specified in paragraph (a)(3) of this section.

§60.2160 May I conduct a repeat performance test to
41

establish new operating limits?

(a) Yes. You may conduct a repeat performance test at

any time to establish new values for the operating limits.

The Administrator may request a repeat performance test at

any time.

(b) You must repeat the performance test if your feed

stream is different than the feed streams used during any

performance test used to demonstrate compliance.

Monitoring

§60.2165 What monitoring equipment must I install and

what parameters must I monitor?

(a) If you are using a wet scrubber to comply with

the emission limitation under §60.2105, you must install,

calibrate (to manufacturers' specifications), maintain, and

operate devices (or establish methods) for monitoring the

value of the operating parameters used to determine

compliance with the operating limits listed in table 2 of

this subpart. These devices (or methods) must measure and

record the values for these operating parameters at the

frequencies indicated in table 2 of this subpart at all

times except as specified in §60.2170(a).

(b) If you use 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 (b)(1) through (8) of

this section.

(1) You must install and operate a bag leak detection

system for each exhaust stack of the fabric filter.

(2) Each bag leak detection system must be installed,
42

operated, calibrated, and maintained in a manner consistent

with the manufacturer's written specifications and

recommendations.

(3) The bag leak detection system must be certified

by the manufacturer to be capable of detecting particulate

matter emissions at concentrations of 10 milligrams per

actual cubic meter or less.

(4) The bag leak detection system sensor must provide

output of relative or absolute particulate matter loadings.

(5) The bag leak detection system must be equipped

with a device to continuously record the output signal from

the sensor.

(6) The bag leak detection system must be equipped

with an alarm system that will alert automatically an

operator when an increase in relative particulate matter

emissions over a preset level is detected. The alarm must

be located where it is observed easily by plant operating

personnel.

(7) For positive pressure fabric filter systems, a

bag leak detection system must be installed in each

baghouse compartment or cell. For negative pressure or

induced air fabric filters, the bag leak detector must be

installed downstream of the fabric filter.

(8) Where multiple detectors are required, the

system's instrumentation and alarm may be shared among

detectors.

(c) If you are using something other than a wet

scrubber, activated carbon, selective non-catalytic

reduction, or an electrostatic precipitator to comply with

the emission limitations under §60.2105, you must install,
43

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 §60.2115.

(d) If you use activated carbon injection to comply

with the emission limitations in this subpart, you must

measure the minimum mercury sorbent flow rate once per

hour.

(e) If you use selective noncatalytic reduction to

comply with the emission limitations, you must complete the

following:

(1) Following the date on which the initial

performance test is completed or is required to be

completed under §60.2125, whichever date comes first,

ensure that the affected facility does not operate above

the maximum charge rate, or below the minimum secondary

chamber temperature (if applicable to your CISWI unit) or

the minimum reagent flow rate measured as 3-hour block

averages at all times.

(2) Operation of the affected facility above the

maximum charge rate, below the minimum secondary chamber

temperature and below the minimum reagent flow rate

simultaneously constitute a violation of the nitrogen

oxides emissions limit.

(f) If you use an electrostatic precipitator to

comply with the emission limits of this subpart, you must

monitor the secondary power to the electrostatic

precipitator collection plates and maintain the 3-hour

block averages at or above the operating limits established

during the mercury or particulate matter performance test.

(g) For waste-burning kilns not equipped with a wet

scrubber, in place of hydrogen chloride testing with EPA

Method 321 at 40 CFR part 63, appendix A, an owner or

operator must install, calibrate, maintain, and operate a

continuous emission monitoring system for monitoring

hydrogen chloride emissions discharged to the atmosphere

and record the output of the system. To demonstrate

continuous compliance with the hydrogen chloride emissions

limit for units other than waste-burning kilns not equipped
44

with a wet scrubber, a facility may substitute use of a

hydrogen chloride continuous emission monitoring system for

conducting the hydrogen chloride annual performance test,

monitoring the minimum hydrogen chloride sorbent flow rate,

and monitoring the minimum scrubber liquor pH.

(h) To demonstrate continuous compliance with the

particulate matter emissions limit, a facility may

substitute use of a particulate matter continuous emission

monitoring system for conducting the particulate matter

annual performance test and monitoring the minimum pressure

drop across the wet scrubber, if applicable.

(i) To demonstrate continuous compliance with the

dioxin/furan emissions limit, a facility may substitute use

of a continuous automated sampling system for the

dioxin/furan annual performance test. You must record the

output of the system and analyze the sample according to

EPA Method 23 at 40 CFR part 60, appendix A-7 of this part.

This option to use a continuous automated sampling system

takes effect on the date a final performance specification

applicable to dioxin/furan from continuous monitors is

published in the Federal Register. The owner or operator

who elects to continuously sample dioxin/furan emissions

instead of sampling and testing using EPA Method 23 at 40

CFR part 60, appendix A-7 must install, calibrate,

maintain, and operate a continuous automated sampling

system and must comply with the requirements specified in

§60.58b(p) and (q).

(j) To demonstrate continuous compliance with the

mercury emissions limit, a facility may substitute use of a

continuous automated sampling system for the mercury annual

performance test. You must record the output of the system

and analyze the sample at set intervals using any suitable

determinative technique that can meet performance

specification 12B. The owner or operator who elects to

continuously sample mercury emissions instead of sampling

and testing using EPA Reference Method 29 or 30B at 40 CFR

part 60, appendix A-8 of this part, ASTM D6784-02

(Reapproved 2008) (incorporated by reference, see §60.17),

or an approved alternative method for measuring mercury

emissions, must install, calibrate, maintain, and operate a

continuous automated sampling system and must comply with

performance specification 12A and quality assurance

procedure 5, as well as the requirements specified in

§60.58b(p) and (q).
45

(k) To demonstrate continuous compliance with the

nitrogen oxides emissions limit, a facility may substitute

use of a continuous emission monitoring system for the

nitrogen oxides annual performance test to demonstrate

compliance with the nitrogen oxides emissions limits.

(1) Install, calibrate, maintain, and operate a

continuous emission monitoring system for measuring

nitrogen oxides emissions discharged to the atmosphere and

record the output of the system. The requirements under

performance specification 2 of appendix B of this part, the

quality assurance procedure one of appendix F of this part

and the procedures under §60.13 must be followed for

installation, evaluation, and operation of the continuous

emission monitoring system.

(2) Following the date that the initial performance

test for nitrogen oxides is completed or is required to be

completed under §60.2125, compliance with the emission

limit for nitrogen oxides required under §60.52b(d) must be

determined based on the 30-day rolling average of the

hourly emission concentrations using continuous emission

monitoring system outlet data. The 1-hour arithmetic

averages must be expressed in parts per million by volume

(dry basis) and used to calculate the 30-day rolling

average concentrations. The 1-hour arithmetic averages

must be calculated using the data points required under

§60.13(e)(2).

(l) To demonstrate continuous compliance with the

sulfur dioxide emissions limit, a facility may substitute

use of a continuous automated sampling system for the

sulfur dioxide annual performance test to demonstrate

compliance with the sulfur dioxide emissions limits.

(1) Install, calibrate, maintain, and operate a

continuous emission monitoring system for measuring sulfur

dioxide emissions discharged to the atmosphere and record

the output of the system. The requirements under

performance specification 2 of appendix B of this part, the

quality assurance requirements of procedure one of appendix

F of this part and procedures under §60.13 must be followed

for installation, evaluation, and operation of the

continuous emission monitoring system.

(2) Following the date that the initial performance
46

test for sulfur dioxide is completed or is required to be

completed under §60.2125, compliance with the sulfur

dioxide emission limit may be determined based on the 30-

day rolling average of the hourly arithmetic average

emission concentrations using continuous emission

monitoring system outlet data. The 1-hour arithmetic

averages must be expressed in parts per million corrected

to 7 percent oxygen (dry basis) and used to calculate the

30-day rolling average emission concentrations and daily

geometric average emission percent reductions. The 1-hour

arithmetic averages must be calculated using the data

points required under §60.13(e)(2).

(m) For energy recovery units over 10 MMBtu/hr design

heat input that do not use a wet scrubber, fabric filter

with bag leak detection system, or particulate matter

continuous emission monitoring system, you must install,

operate, certify, and maintain a continuous opacity

monitoring system according to the procedures in paragraphs

(m)(1) through (5) of this section by the compliance date

specified in §60.2105. Energy recovery units that use a

particulate matter continuous emission monitoring system to

demonstrate initial and continuing compliance according to

the procedures in §60.2165(n) are not required to install a

continuous opacity monitoring system and must perform the

annual performance tests for the opacity consistent with

§60.2145(f).

(1) Install, operate, and maintain each continuous

opacity monitoring system according to performance

specification 1 of 40 CFR part 60, appendix B.

(2) Conduct a performance evaluation of each

continuous opacity monitoring system according to the

requirements in §60.13 and according to PS-1 of 40 CFR part

60, appendix B.

(3) As specified in §60.13(e)(1), each continuous

opacity monitoring system must complete a minimum of one

cycle of sampling and analyzing for each successive 10-

second period and one cycle of data recording for each

successive 6-minute period.

(4) Reduce the continuous opacity monitoring system

data as specified in §60.13(h)(1).

(5) Determine and record all the 6-minute averages
47

(and 1-hour block averages as applicable) collected.

(n) For energy recovery units with design capacities

greater than 250 MMBtu/hr, in place of particulate matter

testing with EPA Method 5 at 40 CFR part 60, appendix A-3,

an owner or operator must install, calibrate, maintain, and

operate a continuous emission monitoring system for

monitoring particulate matter emissions discharged to the

atmosphere and record the output of the system. The owner

or operator of an affected facility who continuously

monitors particulate matter emissions instead of conducting

performance testing using EPA Method 5 at 40 CFR part 60,

appendix A-3 must install, calibrate, maintain, and operate

a continuous emission monitoring system and must comply

with the requirements specified in paragraphs (n)(1)

through (n)(14) of this section.

(1) Notify the Administrator 1 month before starting

use of the system.

(2) Notify the Administrator 1 month before stopping

use of the system.

(3) The monitor must be installed, evaluated, and

operated in accordance with the requirements of performance

specification 11 of appendix B of this part and quality

assurance requirements of procedure two of appendix F of

this part and §60.13. Use Method 5 or Method 5I of

Appendix A of this part for the PM CEMS correlation

testing. (4) The initial performance evaluation must be

completed no later than 180 days after the date of initial

startup of the affected facility, as specified under

§60.2125 or within 180 days of notification to the

Administrator of use of the continuous monitoring system if

the owner or operator was previously determining compliance

by Method 5 performance tests, whichever is later.

(5) The owner or operator of an affected facility may

request that compliance with the particulate matter

emission limit be determined using carbon dioxide

measurements corrected to an equivalent of 7 percent

oxygen. The relationship between oxygen and carbon dioxide

levels for the affected facility must be established

according to the procedures and methods specified in

§60.2145(s)(5)(i) through (s)(5)(iv).

(6) The owner or operator of an affected facility
48

must conduct an initial performance test for particulate

matter emissions as required under §60.2125. Compliance

with the particulate matter emission limit must be

determined by using the continuous emission monitoring

system specified in paragraph (n) of this section to

measure particulate matter and calculating a 30-day rolling

average emission concentration using Equation 19-19 in

section 12.4.1 of EPA Reference Method 19 at 40 CFR part

60, appendix A-7.

(7) Compliance with the particulate matter emission

limit must be determined based on the 30-day rolling

average calculated using Equation 19-19 in section 12.4.1

of EPA Reference Method 19 at 40 CFR part 60, appendix A-7

from the 1-hour arithmetic average continuous emission

monitoring system outlet data.

(8) At a minimum, valid continuous monitoring system

hourly averages must be obtained as specified in

§60.2170(e).

(9) The 1-hour arithmetic averages required under

paragraph (n)(7) of this section must be expressed in

milligrams per dry standard cubic meter corrected to 7

percent oxygen (dry basis) and must be used to calculate

the 30-day rolling average emission concentrations. The 1-

hour arithmetic averages must be calculated using the data

points required under §60.13(e)(2).

(10) All valid continuous emission monitoring system

data must be used in calculating average emission

concentrations even if the minimum continuous emission

monitoring system data requirements of paragraph (n)(8) of

this section are not met.

(11) The continuous emission monitoring system must

be operated according to performance specification 11 in

appendix B of this part.

(12) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 11 in appendix B of this part,

particulate matter and oxygen (or carbon dioxide) data must

be collected concurrently (or within a 30- to 60-minute

period) by both the continuous emission monitors and the

following test methods.
49

(i) For particulate matter, EPA Reference Method 5

must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3A or 3B, as applicable must be used.

(13) Quarterly accuracy determinations and daily

calibration drift tests must be performed in accordance

with procedure 2 in appendix F of this part.

(14) When particulate matter emissions data are not

obtained because of continuous emission monitoring system

breakdowns, repairs, calibration checks, and zero and span

adjustments, emissions data must be obtained by using other

monitoring systems as approved by the Administrator or EPA

Reference Method 19 at 40 CFR part 60, appendix A-7 to

provide, as necessary, valid emissions data for a minimum

of 85 percent of the hours per day, 90 percent of the hours

per calendar quarter, and 95 percent of the hours per

calendar year that the affected facility is operated and

combusting waste.

(o) To demonstrate continuous compliance with the

carbon monoxide emissions limit, you must use a continuous

automated sampling system.

(1) Install, calibrate, maintain, and operate a

continuous emission monitoring system for measuring carbon

monoxide emissions discharged to the atmosphere and record

the output of the system. The requirements under

performance specification 4B of appendix B of this part,

the quality assurance procedure 1 of appendix F of this

part and the procedures under §60.13 must be followed for

installation, evaluation, and operation of the continuous

emission monitoring system.

(2) Following the date that the initial performance

test for carbon monoxide is completed or is required to be

completed under §60.2140, compliance with the carbon

monoxide emission limit must be determined based on the 30-

day rolling average of the hourly arithmetic average

emission concentrations using continuous emission

monitoring system outlet data. The 1-hour arithmetic
50

averages must be expressed in parts per million corrected

to 7 percent oxygen (dry basis) and used to calculate the

30-day rolling average emission concentrations. The 1-hour

arithmetic averages must be calculated using the data

points required under §60.13(e)(2).

(p) The owner/operator of an affected source with a

bypass stack shall install, calibrate (to manufacturers’

specifications), maintain, and operate a device or method

for measuring the use of the bypass stack including date,

time and duration.

§60.2170 Is there a minimum amount of monitoring data I

must obtain?

For each continuous monitoring system required or

optionally allowed under §60.2165, you must collect data

according to this section:

(a) You must operate the monitoring system and collect

data at all required intervals at all times compliance is

required except for periods of monitoring system

malfunctions or out-of-control periods, repairs associated

with monitoring system malfunctions or out-of-control

periods (as specified in 60.2210(o) of this part), and

required monitoring system quality assurance or quality

control activities (including, as applicable, calibration

checks and required zero and span adjustments). A

monitoring system malfunction is any sudden, infrequent,

not reasonably preventable failure of the monitoring system

to provide valid data. Monitoring system failures that are

caused in part by poor maintenance or careless operation

are not malfunctions. You are required to effect

monitoring system repairs in response to monitoring system

malfunctions or out-of-control periods and to return the

monitoring system to operation as expeditiously as

practicable.

(b) You may not use data recorded during the

monitoring system malfunctions or out-of-control periods,
51

repairs associated with monitoring system malfunctions or

out-of-control periods, or required monitoring system

quality assurance or control activities in calculations

used to report emissions or operating levels. You must use

all the data collected during all other periods in

assessing the operation of the control device and

associated control system.

(c) Except for periods of monitoring system

malfunctions or out-of-control periods, repairs associated

with monitoring system malfunctions or out-of-control

periods, and required monitoring system quality assurance

or quality control activities including, as applicable,

calibration checks and required zero and span adjustments,

failure to collect required data is a deviation of the

monitoring requirements.

Recordkeeping and Reporting

§60.2175 What records must I keep?

You must maintain the items (as applicable) as

specified in paragraphs (a), (b), and (e) through (u) of

this section for a period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in paragraphs

(b)(1) through (6) of this section:

(1) The CISWI unit charge dates, times, weights, and

hourly charge rates.

(2) Liquor flow rate to the wet scrubber inlet every

15 minutes of operation, as applicable.

(3) Pressure drop across the wet scrubber system
52

every 15 minutes of operation or amperage to the wet

scrubber every 15 minutes of operation, as applicable.

(4) Liquor pH as introduced to the wet scrubber every

15 minutes of operation, as applicable.

(5) For affected CISWI units that establish operating

limits for controls other than wet scrubbers under

§60.2110(d) through (f) or §60.2115, you must maintain data

collected for all operating parameters used to determine

compliance with the operating limits.

(6) If a fabric filter is used to comply with the

emission limitations, you must record the date, time, and

duration of each alarm and the time corrective action was

initiated and completed, and a brief description of the

cause of the alarm and the corrective action taken. You

must also record the percent of operating time during each

6-month period that the alarm sounds, calculated as

specified in §60.2110(c).

(c) [Reserved]

(d) [Reserved]

(e) Identification of calendar dates and times for

which data show a deviation from the operating limits in

table 2 of this subpart or a deviation from other operating

limits established under §60.2110(d) through (f) or

§60.2115 with a description of the deviations, reasons for

such deviations, and a description of corrective actions

taken.

(f) The results of the initial, annual, and any

subsequent performance tests conducted to determine

compliance with the emission limits and/or to establish

operating limits, as applicable. Retain a copy of the
53

complete test report including calculations.

(g) All documentation produced as a result of the

siting requirements of §§60.2045 and 60.2050.

(h) Records showing the names of CISWI unit operators

who have completed review of the information in §60.2095(a)

as required by §60.2095(b), including the date of the

initial review and all subsequent annual reviews.

(i) Records showing the names of the CISWI operators

who have completed the operator training requirements under

§60.2070, met the criteria for qualification under

§60.2080, and maintained or renewed their qualification

under §60.2085 or §60.2090. Records must include

documentation of training, the dates of the initial and

refresher training, and the dates of their qualification

and all subsequent renewals of such qualifications.

(j) For each qualified operator, the phone and/or

pager number at which they can be reached during operating

hours.

(k) Records of calibration of any monitoring devices

as required under §60.2165.

(l) Equipment vendor specifications and related

operation and maintenance requirements for the incinerator,

emission controls, and monitoring equipment.

(m) The information listed in §60.2095(a).

(n) On a daily basis, keep a log of the quantity of

waste burned and the types of waste burned (always

required).

(o) Maintain records of the annual air pollution

control device inspections that are required for each CISWI
54

unit subject to the emissions limits in table 1 of this

subpart or tables 5 through 8 of this subpart, any required

maintenance, and any repairs not completed within 10 days

of an inspection or the timeframe established by the state

regulatory agency.

(p) For continuously monitored pollutants or

parameters, you must document and keep a record of the

following parameters measured using continuous monitoring

systems.

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur

dioxide emissions.

(3) All 1-hour average concentrations of nitrogen

oxides emissions.

(4) All 1-hour average concentrations of carbon

monoxide emissions.

(5) All 1-hour average concentrations of particulate

matter emissions.

(6) All 1-hour average concentrations of mercury

emissions.

(7) All 1-hour average concentrations of hydrogen

chloride emissions.

(q) Records indicating use of the bypass stack,

including dates, times, and durations.

(r) If you choose to stack test less frequently than

annually, consistent with §60.2155(a) through (c), you must

keep annual records that document that your emissions in

the previous stack test(s) were less than 75 percent of the

applicable emission limit and document that there was no

change in source operations including fuel composition and

operation of air pollution control equipment that would

cause emissions of the relevant pollutant to increase

within the past year.

(s) Records of the occurrence and duration of each

malfunction of operation (i.e., process equipment) or the
55

air pollution control and monitoring equipment.

(t) Records of all required maintenance performed on

the air pollution control and monitoring equipment.

(u) Records of actions taken during periods of

malfunction to minimize emissions in accordance with

§60.11(d), including corrective actions to restore

malfunctioning process and air pollution control and

monitoring equipment to its normal or usual manner of

operation.

(v) For operating units that burn materials other than

traditional fuels as defined in §241.2, a description of

each material burned, and a record which documents how each

material that is not a traditional fuel meets each of the

legitimacy criteria in §241.3(d). If you combust a

material that has been processed from a discarded nonhazardous secondary material pursuant to §241.3(b)(4), you

must keep records as to how the operations that produced

the material satisfy the definition of processing in

§241.2. If the material received a non-waste determination

pursuant to the petition process submitted under §241.3(c),

you must keep a copy of the non-waste determination granted

by EPA.

(w) For operating units that burn tires,

(1) A certification that the shipment of tires that

are non-waste per 40 CFR 241.3(b)(2)(i), are part of an

established tire collection program, consistent with the

definition of that term in §241.2. The certification must

document that the tires were not discarded and are handled

as valuable commodities in accordance with §241.3(d), from

the point of removal from the automobile through arrival at

the combustion facility. The certification must identify

the entity the tires were received from (for example, the

name of the state or private collection program), the

quantity, volume, or weight of tires received by you, and

the dates received. The certification must be signed by

the owner or operator of the combustion unit, or by a

responsible official of the established tire collection

program, and must include the following certification of

compliance, “The tires from this tire collection program

meet the EPA definition of an established tire collection

program in 40 CFR section 241.” and state the title or

position of the person signing the certification.
56

(2) You must also keep a record that identifies where

on your plant site the tires from each tire collection

program are located, and that accounts for all tires at the

plant site.

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

All records must be available onsite in either paper

copy or computer-readable format that can be printed upon

request, unless an alternative format is approved by the

Administrator.

§60.2185 What reports must I submit?

See table 4 of this subpart for a summary of the

reporting requirements.

§60.2190 What must I submit prior to commencing

construction?

You must submit a notification prior to commencing

construction that includes the five items listed in

paragraphs (a) through (e) of this section.

(a) A statement of intent to construct.

(b) The anticipated date of commencement of

construction.

(c) All documentation produced as a result of the

siting requirements of §60.2050.

(d) The waste management plan as specified in

§§60.2055 through 60.2065.

(e) Anticipated date of initial startup.

§60.2195 What information must I submit prior to initial
57

startup?

You must submit the information specified in

paragraphs (a) through (e) of this section prior to initial

startup.

(a) The type(s) of waste to be burned.

(b) The maximum design waste burning capacity.

(c) The anticipated maximum charge rate.

(d) If applicable, the petition for site-specific

operating limits under §60.2115.

(e) The anticipated date of initial startup.

§60.2200 What information must I submit following my

initial performance test?

You must submit the information specified in

paragraphs (a) through (c) of this section no later than 60

days following the initial performance test. All reports

must be signed by the facilities manager.

(a) The complete test report for the initial

performance test results obtained under §60.2135, as

applicable.

(b) The values for the site-specific operating limits

established in §60.2110 or §60.2115.

(c) If you are using a fabric filter to comply with

the emission limitations, documentation that a bag leak

detection system has been installed and is being operated,

calibrated, and maintained as required by §60.2165(b).

§60.2205 When must I submit my annual report?
58

You must submit an annual report no later than 12

months following the submission of the information in

§60.2200. You must submit subsequent reports no more than

12 months following the previous report. (If the unit is

subject to permitting requirements under title V of the

Clean Air Act, you may be required by the permit to submit

these reports more frequently.)

§60.2210 What information must I include in my annual

report?

The annual report required under §60.2205 must include

the ten items listed in paragraphs (a) through (j) of this

section. If you have a deviation from the operating limits

or the emission limitations, you must also submit deviation

reports as specified in §§60.2215, 60.2220, and 60.2225.

(a) Company name and address.

(b) Statement by a responsible official, with that

official's name, title, and signature, certifying the

accuracy of the content of the report.

(c) Date of report and beginning and ending dates of

the reporting period.

(d) The values for the operating limits established

pursuant to §60.2110 or §60.2115.

(e) If no deviation from any emission limitation or

operating limit that applies to you has been reported, a

statement that there was no deviation from the emission

limitations or operating limits during the reporting

period.

(f) The highest recorded 3-hour average and the

lowest recorded 3-hour average, as applicable, for each
59

operating parameter recorded for the calendar year being

reported.

(g) Information recorded under §60.2175(b)(6) and (c)

through (e) for the calendar year being reported.

(h) If a performance test was conducted during the

reporting period, the results of that test.

(i) If you met the requirements of §60.2155(a) or

(b), and did not conduct a performance test during the

reporting period, you must state that you met the

requirements of §60.2155(a) or (b), and, therefore, you

were not required to conduct a performance test during the

reporting period.

(j) Documentation of periods when all qualified CISWI

unit operators were unavailable for more than 8 hours, but

less than 2 weeks.

(k) If you had a malfunction during the reporting

period, the compliance report must include the number,

duration, and a brief description for each type of

malfunction that occurred during the reporting period and

that caused or may have caused any applicable emission

limitation to be exceeded. The report must also include a

description of actions taken by an owner or operator during

a malfunction of an affected source to minimize emissions

in accordance with §60.11(d), including actions taken to

correct a malfunction.

(l) For each deviation from an emission or operating

limitation that occurs for a CISWI unit for which you are

not using a continuous monitoring system to comply with the

emission or operating limitations in this subpart, the

annual report must contain the following information.

(1) The total operating time of the CISWI unit at

which the deviation occurred during the reporting period.

(2) Information on the number, duration, and cause of

deviations (including unknown cause, if applicable), as
60

applicable, and the corrective action taken.

(m) If there were periods during which the continuous

monitoring system, including the continuous emission

monitoring system, was out of control as specified in

paragraph (o) of this section, the annual report must

contain the following information for each deviation from

an emission or operating limitation occurring for a CISWI

unit for which you are using a continuous monitoring system

to comply with the emission and operating limitations in

this subpart.

(1) The date and time that each malfunction started

and stopped.

(2) The date, time, and duration that each CMS was

inoperative, except for zero (low-level) and high-level

checks.

(3) The date, time, and duration that each continuous

monitoring system was out-of-control, including start and

end dates and hours and descriptions of corrective actions

taken.

(4) The date and time that each deviation started and

stopped, and whether each deviation occurred during a

period of malfunction or during another period.

(5) A summary of the total duration of the deviation

during the reporting period, and the total duration as a

percent of the total source operating time during that

reporting period.

(6) A breakdown of the total duration of the

deviations during the reporting period into those that are

due to control equipment problems, process problems, other

known causes, and other unknown causes.

(7) A summary of the total duration of continuous

monitoring system downtime during the reporting period, and

the total duration of continuous monitoring system downtime

as a percent of the total operating time of the CISWI unit

at which the continuous monitoring system downtime occurred

during that reporting period.

(8) An identification of each parameter and pollutant

that was monitored at the CISWI unit.
61

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring

system.

(11) The date of the latest continuous monitoring

system certification or audit.

(12) A description of any changes in continuous

monitoring system, processes, or controls since the last

reporting period.

(n) If there were periods during which the continuous

monitoring system, including the continuous emission

monitoring system, was not out of control as specified in

paragraph (o) of this section, a statement that there were

not periods during which the continuous monitoring system

was out of control during the reporting period.

(o) A continuous monitoring system is out of control

in accordance with the procedure in 40 CFR part 60,

appendix F of this part, as if any of the following occur.

(1) The zero (low-level), mid-level (if applicable),

or high-level calibration drift exceeds two times the

applicable calibration drift specification in the

applicable performance specification or in the relevant

standard.

(2) The continuous monitoring system fails a

performance test audit (e.g., cylinder gas audit), relative

accuracy audit, relative accuracy test audit, or linearity

test audit.

(3) The continuous opacity monitoring system

calibration drift exceeds two times the limit in the

applicable performance specification in the relevant

standard.

§60.2215 What else must I report if I have a deviation

from the operating limits or the emission limitations?

(a) You must submit a deviation report if any

recorded 3-hour average parameter level is above the
62

maximum operating limit or below the minimum operating

limit established under this subpart, if the bag leak

detection system alarm sounds for more than 5 percent of

the operating time for the 6-month reporting period, or if

a performance test was conducted that deviated from any

emission limitation.

(b) The deviation report must be submitted by August

1 of that year for data collected during the first half of

the calendar year (January 1 to June 30), and by February 1

of the following year for data you collected during the

second half of the calendar year (July 1 to December 31).

§60.2220 What must I include in the deviation report?

In each report required under §60.2215, for any

pollutant or parameter that deviated from the emission

limitations or operating limits specified in this subpart,

include the six items described in paragraphs (a) through

(f) of this section.

(a) The calendar dates and times your unit deviated

from the emission limitations or operating limit

requirements.

(b) The averaged and recorded data for those dates.

(c) Durations and causes of the following:

(1) Each deviation from emission limitations or

operating limits and your corrective actions.

(2) Bypass events and your corrective actions.

(d) A copy of the operating limit monitoring data

during each deviation and any test report that documents

the emission levels.

(e) [Removed]
63

(f) [Removed]

§60.2225 What else must I report if I have a deviation

from the requirement to have a qualified operator

accessible?

(a) If all qualified operators are not accessible for

2 weeks or more, you must take the two actions in

paragraphs (a)(1) and (2) of this section.

(1) Submit a notification of the deviation within 10

days that includes the three items in paragraphs (a)(1)(i)

through (iii) of this section.

(i) A statement of what caused the deviation.

(ii) A description of what you are doing to ensure

that a qualified operator is accessible.

(iii) The date when you anticipate that a qualified

operator will be available.

(2) Submit a status report to the Administrator every

4 weeks that includes the three items in paragraphs

(a)(2)(i) through (iii) of this section.

(i) A description of what you are doing to ensure

that a qualified operator is accessible.

(ii) The date when you anticipate that a qualified

operator will be accessible.

(iii) Request approval from the Administrator to

continue operation of the CISWI unit.

(b) If your unit was shut down by the Administrator,

under the provisions of §60.2100(b)(2), due to a failure to

provide an accessible qualified operator, you must notify
64

the Administrator that you are resuming operation once a

qualified operator is accessible.

§60.2230 Are there any other notifications or reports

that I must submit?

(a) Yes. You must submit notifications as provided by

§60.7.

(b) If you cease combusting solid waste but continue

to operate, you must provide 30 days prior notice of the

effective date of the waste-to-fuel switch, consistent with

60.2145(a). The notification must identify:

(i) The name of the owner or operator of the CISWI

unit, the location of the source, the emissions unit(s)

that will cease burning solid waste, and the date of the

notice;

(ii) The currently applicable subcategory under this

subpart, and any 40 CFR part 63 subpart and subcategory

that will be applicable after you cease combusting solid

waste;

(iii) The fuel(s), non-waste material(s) and solid

waste(s) the CISWI unit is currently combusting and has

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(iv) The date on which you became subject to the

currently applicable emission limits;
65

(v) The date upon which you will cease combusting

solid waste, and the date (if different) that you intend

for any new requirements to become applicable (i.e., the

effective date of the waste-to-fuel switch), consistent

with (2) and (3)) above.

§60.2235 In what form can I submit my reports?

(a) Submit initial, annual and deviation reports

electronically or in paper format, postmarked on or before

the submittal due dates.

(b) As of January 1, 2012, and within 60 days after

the date of completing each performance test, as defined in

§63.2, conducted to demonstrate compliance with this

subpart, you must submit relative accuracy test audit

(i.e., reference method) data and performance test (i.e.,

compliance test) data, except opacity data, electronically

to EPA’s Central Data Exchange (CDX) by using the

Electronic Reporting Tool (ERT) (see

http://www.epa.gov/ttn/chief/ert/ert tool.html/) or other

compatible electronic spreadsheet. Only data collected

using test methods compatible with ERT are subject to this

requirement to be submitted electronically into EPA’s

WebFIRE database.

§60.2240 Can reporting dates be changed?

If the Administrator agrees, you may change the

semiannual or annual reporting dates. See §60.19(c) for

procedures to seek approval to change your reporting date.

Title V Operating Permits

§60.2242 Am I required to apply for and obtain a Title V

operating permit for my unit?
66

Yes. Each CISWI unit and air curtain incinerator

subject to standards under this subpart must operate

pursuant to a permit issued under Section 129(e) and Title

V of the Clean Air Act.

Air Curtain Incinerators

§60.2245 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully

projecting a curtain of air across an open chamber or open

pit in which combustion occurs. Incinerators of this type

can be constructed above or below ground and with or

without refractory walls and floor. (Air curtain

incinerators are not to be confused with conventional

combustion devices with enclosed fireboxes and controlled

air technology such as mass burn, modular, and fluidized

bed combustors.)

(b) Air curtain incinerators that burn only the

materials listed in paragraphs (b)(1) through (3) of this

section are only required to meet the requirements under

“Air Curtain Incinerators” (§§60.2245 through 60.2260).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean

lumber, and/or yard waste.

§60.2250 What are the emission limitations for air

curtain incinerators?

Within 60 days after your air curtain incinerator

reaches the charge rate at which it will operate, but no

later than 180 days after its initial startup, you must

meet the two limitations specified in paragraphs (a) and
67

(b) of this section.

(a) Maintain opacity to less than or equal to 10

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity

values), except as described in paragraph (b) of this

section.

(b) Maintain opacity to less than or equal to 35

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity

values) during the startup period that is within the first

30 minutes of operation.

§60.2255 How must I monitor opacity for air curtain

incinerators?

(a) Use Method 9 of appendix A of this part to

determine compliance with the opacity limitation.

(b) Conduct an initial test for opacity as specified

in §60.8.

(c) After the initial test for opacity, conduct

annual tests no more than 12 calendar months following the

date of your previous test.

§60.2260 What are the recordkeeping and reporting

requirements for air curtain incinerators?

(a) Prior to commencing construction on your air

curtain incinerator, submit the three items described in

paragraphs (a)(1) through (3) of this section.

(1) Notification of your intent to construct the air

curtain incinerators.

(2) Your planned initial startup date.

(3) Types of materials you plan to burn in your air
68

curtain incinerator.

(b) Keep records of results of all initial and annual

opacity tests onsite in either paper copy or electronic

format, unless the Administrator approves another format,

for at least 5 years.

(c) Make all records available for submittal to the

Administrator or for an inspector's onsite review.

(d) You must submit the results (as determined by the

average of three 1-hour blocks consisting of ten 6-minute

average opacity values) of the initial opacity tests no

later than 60 days following the initial test. Submit

annual opacity test results within 12 months following the

previous report.

(e) Submit initial and annual opacity test reports as

electronic or paper copy on or before the applicable

submittal date.

(f) Keep a copy of the initial and annual reports

onsite for a period of 5 years.

Definitions

§60.2265 What definitions must I know?

Terms used but not defined in this subpart are defined

in the Clean Air Act and subpart A (General Provisions) of

this part.

Administrator means the Administrator of the U.S.

Environmental Protection Agency or his/her authorized

representative or Administrator of a State Air Pollution

Control Agency.

Affirmative defense means, in the context of an
69

enforcement proceeding, a response or defense put forward

by a defendant, regarding which the defendant has the

burden of proof, and the merits of which are independently

and objectively evaluated in a judicial or administrative

proceeding.

Air curtain incinerator means an incinerator that

operates by forcefully projecting a curtain of air across

an open chamber or pit in which combustion occurs.

Incinerators of this type can be constructed above or below

ground and with or without refractory walls and floor. (Air

curtain incinerators are not to be confused with

conventional combustion devices with enclosed fireboxes and

controlled air technology such as mass burn, modular, and

fluidized bed combustors.)

Auxiliary fuel means natural gas, liquified petroleum

gas, fuel oil, or diesel fuel.

Bag leak detection system means an instrument that is

capable of monitoring particulate matter loadings in the

exhaust of a fabric filter (i.e., baghouse) in order to

detect bag failures. A bag leak detection system includes,

but is not limited to, an instrument that operates on

triboelectric, light scattering, light transmittance, or

other principle to monitor relative particulate matter

loadings.

Burn-off oven means any rack reclamation unit, part

reclamation unit, or drum reclamation unit. A burn-off oven

is not an incinerator, waste-burning kiln, an energy

recovery unit or a small, remote incinerator under this

subpart.

Bypass stack means a device used for discharging

combustion gases to avoid severe damage to the air

pollution control device or other equipment.
70

Calendar quarter means three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or

October 1.

Calendar year means 365 consecutive days starting on

January 1 and ending on December 31.

Chemical recovery unit means combustion units burning

materials to recover chemical constituents or to produce

chemical compounds where there is an existing commercial

market for such recovered chemical constituents or

compounds. The following seven types of units are

considered chemical recovery units:

(1) Units burning only pulping liquors (i.e., black

liquor) that are reclaimed in a pulping liquor recovery

process and reused in the pulping process.

(2) Units burning only spent sulfuric acid used to

produce virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the

production of charcoal.

(4) Units burning only manufacturing byproduct

streams/residue containing catalyst metals which are

reclaimed and reused as catalysts or used to produce

commercial grade catalysts.

(5) Units burning only coke to produce purified

carbon monoxide that is used as an intermediate in the

production of other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids

to produce hydrogen, carbon monoxide, synthesis gas, or

other gases for use in other manufacturing processes.

(7) Units burning only photographic film to recover

silver.

Chemotherapeutic waste means waste material resulting

from the production or use of antineoplastic agents used
71

for the purpose of stopping or reversing the growth of

malignant cells.

Clean lumber means wood or wood products that have

been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood

products that have been painted, pigment-stained, or

pressure-treated by compounds such as chromate copper

arsenate, pentachlorophenol, and creosote.

Commercial and industrial solid waste incineration

(CISWI) unit means any distinct operating unit of any

commercial or industrial facility that combusts, or has

combusted in the preceding 6 months, any solid waste as

that term is defined in 40 CFR part 241. If the operating

unit burns materials other than traditional fuels as

defined in §241.2 that have been discarded, and you do not

keep and produce records as required by §60.2175(v), the

material is a solid waste and the operating unit is a CISWI

unit. While not all CISWI units will include all of the

following components, a CISWI unit includes, but is not

limited to, the solid waste feed system, grate system, flue

gas system, waste heat recovery equipment, if any, and

bottom ash system. The CISWI unit does not include air

pollution control equipment or the stack. The CISWI unit

boundary starts at the solid waste hopper (if applicable)

and extends through two areas: The combustion unit flue gas

system, which ends immediately after the last combustion

chamber or after the waste heat recovery equipment, if any;

and the combustion unit bottom ash system, which ends at

the truck loading station or similar equipment that

transfers the ash to final disposal. The CISWI unit

includes all ash handling systems connected to the bottom

ash handling system.
72

Continuous monitoring system means the total

equipment, required under the emission monitoring sections

in applicable subparts, used to sample and condition (if

applicable), to analyze, and to provide a permanent record

of emissions or process parameters.

Cyclonic barrel burner means a combustion device for

waste materials that is attached to a 55 gallon, open-head

drum. The device consists of a lid, which fits onto and

encloses the drum, and a blower that forces combustion air

into the drum in a cyclonic manner to enhance the mixing of

waste material and air. A cyclonic burn barrel is not an

incinerator, waste-burning kiln, an energy recovery unit or

a small, remote incinerator under this subpart.

Deviation means any instance in which an affected

source subject to this subpart, or an owner or operator of

such a source:

(1) Fails to meet any requirement or obligation

established by this subpart, including but not limited to

any emission limitation, operating limit, or operator

qualification and accessibility requirements.

(2) Fails to meet any term or condition that is

adopted to implement an applicable requirement in this

subpart and that is included in the operating permit for

any affected source required to obtain such a permit.

Dioxins/furans means tetra- through octa-chlorinated

dibenzo-p-dioxins and dibenzofurans.

Discard means, for purposes of this subpart and 40 CFR

part 60, subpart DDDD, only, burned in an incineration unit

without energy recovery.
73

Drum reclamation unit means a unit that burns residues

out of drums (e.g., 55 gallon drums) so that the drums can

be reused.

Energy recovery means the process of recovering

thermal energy from combustion for useful purposes such as

steam generation or process heating.

Energy recovery unit means a combustion unit

combusting solid waste (as that term is defined by the

Administrator under RCRA in 40 CFR 240) for energy

recovery. Energy recovery units include units that would

be considered boilers and process heaters if they did not

combust solid waste.

Energy recovery unit designed to burn biomass

(Biomass) means an energy recovery unit that burns solid

waste and at least 10 percent biomass, but less than 10

percent coal, on a heat input basis on an annual average,

either alone or in combination with liquid waste, liquid

fuel or gaseous fuels.

Energy recovery unit designed to burn coal (Coal)

means an energy recovery unit that burns solid waste and at

least 10 percent coal on a heat input basis on an annual

average, either alone or in combination with liquid waste,

liquid fuel or gaseous fuels.

Energy recovery unit designed to burn liquid waste

materials and gas (Liquid/gas) means an energy recovery

unit that burns a liquid waste with liquid or gaseous fuels

not combined with any solid fuel or waste materials.

Energy recovery unit designed to burn solid materials

(Solids) includes energy recovery units designed to burn

coal and energy recovery units designed to burn biomass.

Fabric filter means an add-on air pollution control

device used to capture particulate matter by filtering gas

streams through filter media, also known as a baghouse.

Homogeneous wastes are stable, consistent in
74

formulation, have known fuel properties, have a defined

origin, have predictable chemical and physical attributes,

and result in consistent combustion characteristics and

have a consistent emissions profile.

Incinerator means any furnace used in the process of

combusting solid waste (as that term is defined by the

Administrator under RCRA in 40 CFR 240) for the purpose of

reducing the volume of the waste by removing combustible

matter. Incinerator designs include single chamber and

two-chamber.

Kiln means an oven or furnace, including any

associated preheater or precalciner devices, used for

processing a substance by burning, firing or drying. Kilns

include cement kilns that produce clinker by heating

limestone and other materials for subsequent production of

Portland Cement.

Laboratory analysis unit means units that burn samples of materials for the

purpose of chemical or physical analysis. A laboratory analysis unit is

not an incinerator, waste-burning kiln, an energy recovery

unit or a small, remote incinerator under this subpart.Lowlevel radioactive waste means waste material which contains

radioactive nuclides emitting primarily beta or gamma

radiation, or both, in concentrations or quantities that

exceed applicable Federal or State standards for

unrestricted release. Low-level radioactive waste is not

high-level radioactive waste, spent nuclear fuel, or

byproduct material as defined by the Atomic Energy Act of

1954 (42 U.S.C. 2014(e)(2)).

Malfunction means any sudden, infrequent, and not

reasonably preventable failure of air pollution control

equipment, process equipment, or a process to operate in a

normal or usual manner. Failures that are caused, in part,

by poor maintenance or careless operation are not

malfunctions.

Minimum voltage or amperage means 90 percent of the
75

lowest test-run average voltage or amperage to the

electrostatic precipitator measured during the most recent

particulate matter or mercury performance test

demonstrating compliance with the applicable emission

limits.

Modification or modified CISWI unit means a CISWI unit

that has been changed later than June 1, 2001 and that

meets one of two criteria:

(1) The cumulative cost of the changes over the life

of the unit exceeds 50 percent of the original cost of

building and installing the CISWI unit (not including the

cost of land) updated to current costs (current dollars).

To determine what systems are within the boundary of the

CISWI unit used to calculate these costs, see the

definition of CISWI unit.

(2) Any physical change in the CISWI unit or change

in the method of operating it that increases the amount of

any air pollutant emitted for which section 129 or section

111 of the Clean Air Act has established standards.

Opacity means the degree to which emissions reduce the

transmission of light and obscure the view of an object in

the background.

Operating day means a 24-hour period between 12:00

midnight and the following midnight during which any amount

of solid waste is combusted at any time in the CISWI unit.

Part reclamation unit means a unit that burns coatings

off parts (e.g., tools, equipment) so that the parts can be

reconditioned and reused.

Particulate matter means total particulate matter

emitted from CISWI units as measured by Method 5 or Method

29 of appendix A of this part.

Pathological waste means waste material consisting of
76

only human or animal remains, anatomical parts, and/or

tissue, the bags/containers used to collect and transport

the waste material, and animal bedding (if applicable).

Performance evaluation means the conduct of relative

accuracy testing, calibration error testing, and other

measurements used in validating the continuous monitoring

system data.

Performance test means the collection of data

resulting from the execution of a test method (usually

three emission test runs) used to demonstrate compliance

with a relevant emission standard as specified in the

performance test section of the relevant standard.

Process change means a significant permit revision,

but only with respect to those pollutant-specific emission

units for which the proposed permit revision is applicable,

including but not limited to a change in the air pollution

control devices used to comply with the emission limits for

the affected CISWI unit (e.g., change in the sorbent used

for activated carbon injection).

Rack reclamation unit means a unit that burns the

coatings off racks used to hold small items for application

of a coating. The unit burns the coating overspray off the

rack so the rack can be reused.

Raw mill means a ball and tube mill, vertical roller

mill or other size reduction equipment, that is not part of

an in-line kiln/raw mill, used to grind feed to the

appropriate size. Moisture may be added or removed from

the feed during the grinding operation. If the raw mill is

used to remove moisture from feed materials, it is also, by

definition, a raw material dryer. The raw mill also

includes the air separator associated with the raw mill.

Reconstruction means rebuilding a CISWI unit and

meeting two criteria:
77

(1) The reconstruction begins on or after June 1,

2001.

(2) The cumulative cost of the construction over the

life of the incineration unit exceeds 50 percent of the

original cost of building and installing the CISWI unit

(not including land) updated to current costs (current

dollars). To determine what systems are within the

boundary of the CISWI unit used to calculate these costs,

see the definition of CISWI unit.

Refuse-derived fuel means a type of municipal solid

waste produced by processing municipal solid waste through

shredding and size classification. This includes all

classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through

densified refuse-derived fuel.

(2) Pelletized refuse-derived fuel.

Shutdown means the period of time after all waste has

been combusted in the primary chamber.

Small, remote incinerator means an incinerator that

combusts solid waste (as that term is defined by the

Administrator under RCRA in 40 CFR 240) and combusts 3 tons

per day or less solid waste and is more than 25 miles

driving distance to the nearest municipal solid waste

landfill.

Soil treatment unit means a unit that thermally treats

petroleum –contaminated soils for the sole purpose of site

remediation. A soil treatement unit may be direct-fired or

indirect fired.

Solid waste incineration unit means a distinct

operating unit of any facility which combusts any solid

waste (as that term is defined by the Administrator under

RCRA in 40 CFR 240) material from commercial or industrial

establishments or the general public (including single and
78

multiple residences, hotels and motels). Such term does not

include incinerators or other units required to have a

permit under section 3005 of the Solid Waste Disposal Act.

The term "solid waste incineration unit" does not include:

(A) materials recovery facilities (including primary or

secondary smelters) which combust waste for the primary

purpose of recovering metals; (B) qualifying small power

production facilities, as defined in section 3(17)(C) of

the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying

cogeneration facilities, as defined in section 3(18)(B) of

the Federal Power Act (16 U.S.C. 796(18)(B)), which burn

homogeneous waste (such as units which burn tires or used

oil, but not including refuse-derived fuel) for the

production of electric energy or in the case of qualifying

cogeneration facilities which burn homogeneous waste for

the production of electric energy and steam or forms of

useful energy (such as heat) which are used for industrial,

commercial, heating or cooling purposes; or (C) air curtain

incinerators provided that such incinerators only burn wood

wastes, yard wastes, and clean lumber and that such air

curtain incinerators comply with opacity limitations to be

established by the Administrator by rule.

Space heater means a usually portable appliance for

heating a relatively small area. These units are not

subject to the incinerator, waste-burning kiln, or small,

remote subcategories.

Standard conditions, when referring to units of

measure, means a temperature of 68 °F (20 °C) and a

pressure of 1 atmosphere (101.3 kilopascals).

Startup period means the period of time between the

activation of the system and the first charge to the unit.

Waste-burning kiln means a kiln that is heated, in

whole or in part, by combusting solid waste (as that term

is defined by the Administrator pursuant to Subtitle D of

RCRA).

Wet scrubber means an add-on air pollution control
79

device that uses an aqueous or alkaline scrubbing liquor to

collect particulate matter (including nonvaporous metals

and condensed organics) and/or to absorb and neutralize

acid gases.

Wood waste means untreated wood and untreated wood

products, including tree stumps (whole or chipped), trees,

tree limbs (whole or chipped), bark, sawdust, chips,

scraps, slabs, millings, and shavings. Wood waste does not

include:

(1) Grass, grass clippings, bushes, shrubs, and

clippings from bushes and shrubs from residential,

commercial/retail, institutional, or industrial sources as

part of maintaining yards or other private or public lands.

(2) Construction, renovation, or demolition wastes.

(3) Clean lumber.

Table 1 to Subpart CCCC of Part 60—Emission Limitations for

CISWI Units for Which Construction Is Commenced After

November 30, 1999, but no later than June 4, 2010, or for

Which Modification or Reconstruction Is Commenced on or

After June 1, 2001, but no later than [INSERT THE DATE 6

MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL

REGISTER].

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

Cadmium 0.004

milligrams

per dry

standard

3-run average

(collect a

minimum volume

of 1 dry

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).
80

cubic

meter

standard cubic

meter per run)

Carbon monoxide 157 parts

per

million by

dry volume

30 day rolling

average

Carbon Monoxide

CEMS (Performance

Specification 4A

of this part,

using a span

value of 300

ppm.)

Dioxin/Furan

(toxic

equivalency

basis)

0.41

nanograms

per dry

standard

cubic

meter

3-run average

(collect a

minimum volume

of 2 dry

standard cubic

meters per

run)

Performance test

(Method 23 of

appendix A-7 of

this part).

Hydrogen

chloride

62 parts

per

million by

dry volume

3-run average

(For Method

26, collect a

minimum volume

of 60 liters

per run. For

Method 26A,

collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Performance test

(Method 26 or 26A

at 40 CFR part

60, appendix A8).

Lead 0.04

milligrams

per dry

standard

cubic

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).
81

meter meter per run)

Mercury 0.47

milligrams

per dry

standard

cubic

meter

3-run average

(For Method 29

and ASTM

D6784-

02(Reapproved

2008)b, collect

a minimum

volume of 1

dry standard

cubic meter

per run. For

Method 30B,

collect a

minimum sample

as specified

in Method 30B

at 40 CFR part

60, appendix

A)

Performance test

(Method 29 or 30B

at 40 CFR part

60, appendix A-8)

or ASTM D6784-02

(Reapproved

2008)b.

Opacity 10 percent Three 1-hour

blocks

consisting of

ten 6-minute

averages

opacity values

Performance test

(Method 9 at 40

CFR part 60,

appendix A-4).

Nitrogen Oxides 388 parts

per

million by

dry volume

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 7or 7E at

40 CFR part 60,

appendix A-4).

Particulate

matter

70

milligrams

per dry

3-run average

(collect a

minimum volume

Performance test

(Method 5 or 29

at 40 CFR part
82

standard

cubic

meter

of 1 dry

standard cubic

meter per run)

60, appendix A-3

or A-8).

Sulfur Dioxide 20 parts

per

million by

dry volume

3-run average

(For Method 6,

collect a

minimum volume

of 200 liters

per run. For

Method 6C,

collect sample

for a minimum

duration of 1

hour per run)

Performance test

(Method 6 or 6C

at 40 CFR part

60, appendix A4).

a All emission limitations (except for opacity) are

measured at 7 percent oxygen, dry basis at standard

conditions.

b Incorporated by reference, see §60.17.

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

Scrubbers

For these

operating

parameters

You must

establish

these

operating

limits

And monitoring using these minimum

frequencies

Data

measurement

Data

recording Averaging time

Charge rate Maximum

charge

rate

Continuous Every

hour

Daily (batch

units) 3-hour

rolling

(continuous

and
83

intermittent

units)a

Pressure

drop across

the wet

scrubber or

amperage to

wet scrubber

Minimum

pressure

drop or

amperage

Continuous Every 15

minutes

3-hour

rollinga

Scrubber

liquor flow

rate

Minimum

flow rate

Continuous Every 15

minutes

3-hour

rollinga

Scrubber

liquor pH

Minimum pH Continuous Every 15

minutes

3-hour

rollinga

aCalculated each hour as the average of the previous 3

operating hours.

Table 3 to Subpart CCCC of Part 60—Toxic Equivalency

Factors

Dioxin/furan congener

Toxic equivalency

factor

2,3,7,8-tetrachlorinated dibenzo-pdioxin1

1,2,3,7,8-pentachlorinated dibenzo-pdioxin0.5

1,2,3,4,7,8-hexachlorinated dibenzo-pdioxin0.1

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin0.1

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin0.1
84

1,2,3,4,6,7,8-heptachlorinated dibenzop-dioxin0.01

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated dibenzofuran 0.5

1,2,3,7,8-pentachlorinated dibenzofuran 0.05

1,2,3,4,7,8-hexachlorinated

dibenzofuran

0.1

1,2,3,6,7,8-hexachlorinated

dibenzofuran

0.1

1,2,3,7,8,9-hexachlorinated

dibenzofuran

0.1

2,3,4,6,7,8-hexachlorinated

dibenzofuran

0.1

1,2,3,4,6,7,8-heptachlorinated

dibenzofuran

0.01

1,2,3,4,7,8,9-heptachlorinated

dibenzofuran

0.01

octachlorinated dibenzofuran 0.001

Table 4 to Subpart CCCC of Part 60—Summary of Reporting

Requirementsa

Report Due date Contents Reference

Preconstruction

report

Prior to

commencing

construction

• Statement of

intent to

construct

• Anticipated

§60.2190
85

date of

commencement of

construction

• Documentation

for siting

requirements

• Waste

management plan

• Anticipated

date of initial

startup

Startup

notification

Prior to

initial

startup

• Type of waste

to be burned

• Maximum

design waste

burning

capacity

• Anticipated

maximum charge

rate

• If

applicable, the

petition for

site-specific

operating

limits

§60.2195

Initial test

report

No later than

60 days

following the

initial

performance

test

• Complete test

report for the

initial

performance

test

• The values

for the sitespecific

§60.2200
86

operating

limits

• Installation

of bag leak

detection

system for

fabric filter

Annual report No later than

12 months

following the

submission of

the initial

test report.

Subsequent

reports are

to be

submitted no

more than 12

months

following the

previous

report

• Name and

address

• Statement and

signature by

responsible

official

• Date of

report

• Values for

the operating

limits

• Highest

recorded 3-hour

average and the

lowest 3-hour

average, as

applicable, for

each operating

parameter

recorded for

the calendar

year being

reported

• If a

performance

test was

§§60.2205 and

60.2210
87

conducted

during the

reporting

period, the

results of the

test

• If a

performance

test was not

conducted

during the

reporting

period, a

statement that

the

requirements of

§60.2155(a) or

(b) were met

• Documentation

of periods when

all qualified

CISWI unit

operators were

unavailable for

more than 8

hours but less

than 2 weeks

• If you are

conducting

performance

tests once

every 3 years

consistent with

§60.2155(a),

the date of the
88

last 2

performance

tests, a

comparison of

the emission

level you

achieved in the

last 2

performance

tests to the 75

percent

emission limit

threshold

required in

§60.2155(a) and

a statement as

to whether

there have been

any operational

changes since

the last

performance

test that could

increase

emissions.

Emission

limitation or

operating limit

deviation

report

By August 1

of that year

for data

collected

during the

first half of

the calendar

year. By

February 1 of

• Dates and

times of

deviation

• Averaged and

recorded data

for those dates

• Duration and

causes of each

deviation and

§60.2215 and

60.2220
89

the following

year for data

collected

during the

second half

of the

calendar year

the corrective

actions taken

• Copy of

operating limit

monitoring data

and any test

reports

• Dates, times,

and causes for

monitor

downtime

incidents

Qualified

operator

deviation

notification

Within 10

days of

deviation

• Statement of

cause of

deviation

• Description

of efforts to

have an

accessible

qualified

operator

• The date a

qualified

operator will

be accessible

§60.2225(a)(1)

Qualified

operator

deviation

status report

Every 4 weeks

following

deviation

• Description

of efforts to

have an

accessible

qualified

operator

• The date a

qualified

operator will

§60.2225(a)(2)
90

be accessible

• Request for

approval to

continue

operation

Qualified

operator

deviation

notification of

resumed

operation

Prior to

resuming

operation

• Notification

that you are

resuming

operation

§60.2225(b)

aThis table is only a summary, see the referenced sections

of the rule for the complete requirements.

Table 5 to Subpart CCCC of Part 60—Emission Limitations for

Incinerators That Commenced Construction After June 4,

2010, Or That Commenced Reconstruction or Modification

After [INSERT THE DATE 6 MONTHS AFTER PUBLICATION OF THE

FINAL RULE IN THE FEDERAL REGISTER]

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

Cadmium 0.0023

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 4 dry

standard cubic

meters per run)

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8 of

this part).

Use ICPMS for the

analytical finish.

Carbon

monoxide

12 parts per

million by

30 day rolling

average

Carbon monoxide

CEMS (Performance
91

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

dry volume Specification 4A

of this part,

using a RA of 0.5

ppm instead of 5

ppm as specified

in section 13.2.

For the cylinder

gas audit, +/- 15%

or 0.5 ppm,

whichever is

greater.) Use a

span gas with a

concentration of

20 ppm or less.

Dioxin/furan

(Total Mass

Basis)

0.052

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 4 dry

standard cubic

meters per run)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Dioxin/furan

(toxic

equivalency

basis)

0.13

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 4 dry

standard cubic

meters per run)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Hydrogen

chloride

0.091 parts

per million

by dry

3-run average

(For Method 26,

collect a

Performance test

(Method 26 or 26A

at 40 CFR part 60,
92

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

volume minimum volume

of 200 liters

per run. For

Method 26A,

collect a

minimum volume

of 3 dry

standard cubic

meters per run)

appendix A-8).

Lead 0.0019

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 4 dry

standard cubic

meters per run)

Performance test

(Method 29 of

appendix A-8 at 40

CFR part 60). Use

ICPMS for the

analytical finish.

Mercury 0.00016

milligrams

per dry

standard

cubic meter

3-run average

(collect enough

volume to meet

a detection

limit data

quality

objective of

0.03 ug/dry

standard cubic

meter)

Performance test

(Method 29 or 30B

at 40 CFR part 60,

appendix A-8) or

ASTM D6784-

02(Reapproved

2008)b.

Nitrogen

Oxides

23 parts per

million dry

volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 7E at 40

CFR part 60,

appendix A-4). Use
93

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

a span gas with a

concentration of

50 ppm or less.

Particulate

matter

(filterable)

18

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 2 dry

standard cubic

meters per run)

Performance test

(Method 5 or 29 at

40 CFR part 60,

appendix A-3 or

appendix A-8 at 40

CFR part 60).

Sulfur

dioxide

11 parts per

million dry

volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 6 or 6C at

40 CFR part 60,

appendix A-4. Use

a span gas with a

concentration of

20 ppm or less.

Fugitive ash Visible

emissions

for no more

than 5

percent of

the hourly

observation

period

Three 1-hour

observation

periods

Visible emission

test (Method 22 at

40 CFR part 60,

appendix A-7).

a All emission limitations are measured at 7 percent

oxygen, dry basis at standard conditions. For

dioxins/furans, you must meet either the Total Mass Limit

or the toxic equivalency basis limit.
94

b Incorporated by reference, see §60.17.

Table 6 to Subpart CCCC of Part 60—Emission Limitations for

Energy Recovery Units That Commenced Construction After

June 4, 2010, Or That Commenced Reconstruction or

Modification After [INSERT THE DATE 6 MONTHS AFTER

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]

For the air

pollutant

You must meet this

emission

limitationa Using this

averaging

time

And

determining

compliance

using this

method

Liquid/Gas Solids

Cadmium 0.023

milligrams

per dry

standard

cubic meter

0.00051

milligrams

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry

standard

cubic

meters per

run)

Performance

test (Method

29 at 40 CFR

part 60,

appendix A8). Use ICPMS

for the

analytical

finish.

Carbon

monoxide

36 parts

per million

dry volume

Biomass –

160 parts

per million

dry volume

30 day

rolling

average

Carbon

Monoxide CEMS

(Performance

Specification

4A of this

part, using a

RA of 0.5 ppm

instead of 5

ppm as

Coal – 46

parts per

million dry

volume
95

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

specified in

13.2. For

the cylinder

gas audit,

+/- 15% or

0.5 ppm,

whichever is

greater. Use

a span gas

with a

concentration

of 100 ppm or

less for a

liquid/gas or

coal-fed

boiler. Use

a span gas

with a

concentration

of 300 ppm or

less for a

biomass-fed

boiler.

Dioxins/furans

(Total Mass

Basis)

No Total

Mass Basis

limit, must

meet the

toxic

equivalency

basis limit

below

0.068

nanograms

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry

standard

cubic

Performance

test (Method

23 at 40 CFR

part 60,

appendix A7).
96

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

meters)

Dioxins/furans

(toxic

equivalency

basis)

0.002

nanograms

per dry

standard

cubic meter

0.011

nanograms

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry

standard

cubic

meters per

run)

Performance

test (Method

23 of

appendix A-7

of this

part).

Hydrogen

chloride

14 parts

per million

dry volume

0.45 parts

per million

dry volume

3-run

average

(For Method

26, collect

a minimum

volume of

200 liters

per run.

For Method

26A,

collect a

minimum

volume of 3

dry

standard

cubic

meters per

run)

Performance

test (Method

26 or 26A at

40 CFR part

60, appendix

A-8).

Lead 0.096 0.0020 3-run Performance
97

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

milligrams

per dry

standard

cubic meter

milligrams

per dry

standard

cubic meter

average

(collect a

minimum

volume of 4

dry

standard

cubic

meters per

run)

test (Method

29 at 40 CFR

part 60,

appendix A8). Use ICPMS

for the

analytical

finish.

Mercury 0.00025

milligrams

per dry

standard

cubic meter

0.00033

milligrams

per dry

standard

cubic meter

3-run

average

(collect

enough

volume to

meet an instack

detection

limit data

quality

objective

of 0.03

ug/dscm)

Performance

test (Method

29 or 30B at

40 CFR part

60, appendix

A-8) or ASTM

D6784-02

(Reapproved

2008)b.

Oxides of

nitrogen

76 parts

per million

dry volume

Biomass –

290 parts

per million

dry volume

3-run

average (1

hour

minimum

sample time

per run)

Performance

test (Method

7E at 40 CFR

part 60,

appendix A4). Use a

span gas with

a

concentration

Coal – 340

parts per

million dry

volume
98

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

of 150 ppm or

less for

liquid/gas

fuel boilers.

Use a span

gas with a

concentration

of 700 ppm or

less for

solid fuel

boilers.

Particulate

matter

(filterable)

110

milligrams

per dry

standard

cubic meter

250

milligrams

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 1

dry

standard

cubic meter

per run)

Performance

test (Method

5 or 29 at 40

CFR part 60,

appendix A-3

or appendix

A-8) if the

unit has a

design

capacity less

than 250

MMBtu/hr; or

PM CEMS

(performance

specification

11 of

appendix B of

this part) if

the unit has

a design
99

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

capacity

equal to or

greater than

250 MMBtu/hr.

Use Method 5

or 5I of

Appendix A of

this part and

collect a

minimum

sample volume

of 1 dscm per

test run for

the PM CEMS

correlation

testing.

Sulfur dioxide720 parts

per million

dry volume

Biomass –

6.2 parts

per million

dry volume

3-run

average (1

hour

minimum

sample time

per run)

Performance

test (Method

6 or 6C at 40

CFR part 60,

appendix A4). Use a

span gas with

a

concentration

of 20 ppm or

less for a

biomass-fed

boiler. Use

a span gas

with a

Coal – 650

parts per

million dry

volume
100

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

concentration

of 1500 ppm

or less for a

liquid/gas

boiler or

coal-fed

boiler.

Fugitive ash Visible

emissions

for no more

than 5

percent of

the hourly

observation

period

Visible

emissions

for no more

than 5

percent of

the hourly

observation

period

Three 1-

hour

observation

periods

Visible

emission test

(Method 22 at

40 CFR part

60, appendix

A-7).

a All emission limitations are measured at 7 percent

oxygen, dry basis at standard conditions. For

dioxins/furans, you must meet either the Total Mass Basis

limit or the toxic equivalency basis limit.

b Incorporated by reference, see §60.17.

Table 7 to Subpart CCCC of Part 60—Emission Limitations for

Waste-burning Kilns That Commenced Construction After June

4, 2010, or Reconstruction or Modification After [INSERT

THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN

THE FEDERAL REGISTER]
101

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

Cadmium 0.00048

milligrams

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry standard

cubic meters

per run)

Performance test

(Method 29 at 40 CFR

part 60, appendix A8). Use ICPMS for

the analytical

finish.

Carbon

monoxide

90 parts per

million dry

volume

30-day

rolling

average

Carbon monoxide CEMS

(Performance

Specification 4A of

this part, using an

RA of 1 ppm instead

of 5 ppm as

specified in 13.2.

For the cylinder gas

audit, +/- 15% or

0.5 ppm, whichever

is greater). Use a

span gas with a

concentration of 200

ppm or less.

Dioxins/furans

(total mass

basis)

0.029

nanograms

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry standard

cubic meters

per run)

Performance test

(Method 23 at 40 CFR

part 60, appendix A7).
102

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

Dioxins/furans

(toxic

equivalency

basis)

0.0030

nanograms

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry standard

cubic

meters)

Performance test

(Method 23 at 40 CFR

part 60, appendix A7).

Hydrogen

chloride

3.0 parts

per million

dry volume

3-run

average (1

hour minimum

sample time

per run) or

30-day

rolling

average if

HCl CEMS are

used

Performance test

(Method 321 at 40

CFR part 63,

appendix A) or HCl

CEMS if a wet

scrubber is not

used.

Lead 0.0026

milligrams

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 4

dry standard

cubic

meters)

Performance test

(Method 29 at 40 CFR

part 60, appendix A8). Use ICPMS for

the analytical

finish.

Mercury 0.0062

milligrams

per dry

30-day

rolling

average

Mercury CEMS or

sorbent trap

monitoring system
103

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

standard

cubic meter

(performance

specification 12A or

12B, respectively,

of appendix B of

this part).

Oxides of

nitrogen

200b parts

per million

dry volume

30-day

rolling

average

NOx Continuous

Emissions Monitoring

System (performance

specification 2 of

appendix B of this

part). Use a span

gas with a

concentration of 400

ppm or less.

Particulate

matter

(filterable)

2.5

milligrams

per dry

standard

cubic meter

30-day

rolling

average

PM Continuous

Emissions Monitoring

System (performance

specification 11 of

appendix B of this

part).

Sulfur dioxide 38 parts per

million dry

volume

30-day

rolling

average

Sulfur dioxide

Continuous Emissions

Monitoring System

(performance

specification 2 of

appendix B of this

part). Use a span

gas with a

concentration of 100
104

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

ppm or less.

a All emission limitations are measured at 7 percent

oxygen, dry basis at standard conditions. For

dioxins/furans, you must meet either the total mass basis

limit or the toxic equivalency basis limit.

b Nox limits for new waste-burning kilns based on data for

best-performing similar source, Portland Cement kilns. See

“CISWI Emission Limit Calculations for Existing and New

Sources" for details.

Table 8 to Subpart CCCC of Part 60—Emission Limitations for

Small, Remote Incinerators That Commenced Construction

After June 4, 2010, Or That Commenced Reconstruction or

Modification After (INSERT THE DATE 6 MONTHS AFTER

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

Cadmium 0.61

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).
105

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

Carbon

monoxide

12 parts per

million dry

volume

24 hour block

average

Carbon monoxide

CEMS (Performance

Specification 4A

of this part,

using a RA of 0.5

ppm instead of 5

ppm as specified

in 13.2. For the

cylinder gas

audit, +/- 15% or

0.5 ppm,

whichever is

greater.) Use a

span gas with a

concentration of

25 ppm or less.

Dioxins/furans

(total mass

basis)

1,200

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Dioxins/furans

(toxic

equivalency

basis)

31 nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Hydrogen 200 parts 3-run average Performance test
106

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

chloride per million

by dry

volume

(For Method 26,

collect a

minimum volume

of 60 liters

per run. For

Method 26A,

collect a

minimum volume

of 1 dry

standard cubic

meters per run)

(Method 26 or 26A

at 40 CFR part

60, appendix A8).

Lead 0.26

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic)

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).

Use ICPMS for the

analytical

finish.

Mercury 0.0035

milligrams

per dry

standard

cubic meter

3-run average

(For Method 29

and ASTM D6784-

02 (Reapproved

2008)b, collect

a minimum

volume of 2 dry

standard cubic

meters per run.

For Method 30B,

collect a

minimum volume

Performance test

(Method 29 or 30B

at 40 CFR part

60, appendix A-8)

or ASTM D6784-02

(Reapproved

2008)b.
107

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

as specified in

Method 30B at

40 CFR part 60,

appendix A)

Oxides of

nitrogen

78 parts per

million dry

volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 7E at 40

CFR part 60,

appendix A-4).

Use a span gas

with a

concentration of

150 ppm or less.

Particulate

matter

(filterable)

230

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter)

Performance test

(Method 5 or 29

at 40 CFR part

60, appendix A-3

or appendix A-8).

Sulfur dioxide 1.2 parts

per million

dry volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 6 or 6c

at 40 CFR part

60, appendix A-4.

Use a span gas

with a

concentration of

5 ppm or less.

Fugitive ash Visible

emissions

for no more

Three 1-hour

observation

periods

Visible emission

test (Method 22

at 40 CFR part
108

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

than 5

percent of

the hourly

observation

period

60, appendix A7).

a All emission limitations (except for opacity) are

measured at 7 percent oxygen, dry basis at standard

conditions. For dioxins/furans, you must meet either the

total mass basis limit or the toxic equivalency basis

limit.

b Incorporated by reference, see §60.17.

Subpart DDDD—Emissions Guidelines and Compliance Times for

Commercial and Industrial Solid Waste Incineration Units

Introduction

§60.2500 What is the purpose of this subpart?

This subpart establishes emission guidelines and

compliance schedules for the control of emissions from

commercial and industrial solid waste incineration (CISWI)

units. The pollutants addressed by these emission

guidelines are listed in table 2 of this subpart and tables

6 through 9 of this subpart. These emission guidelines are

developed in accordance with sections 111(d) and 129 of the

Clean Air Act and subpart B of this part.

§60.2505 Am I affected by this subpart?
109

(a) If you are the Administrator of an air quality

program in a state or United States protectorate with one

or more existing CISWI units that meets the criteria in

paragraphs (b) through (d) of this section, you must submit

a state plan to U.S. Environmental Protection Agency (EPA)

that implements the emission guidelines contained in this

subpart.

(b) You must submit the state plan to EPA by December

3, 2001 for incinerator units that commenced construction

on or before November 30, 1999 and that were not modified

or reconstructed after June 1, 2001.

(c) You must submit a state plan that meets the

requirements of this subpart and contains the more

stringent emission limit for the respective pollutant in

table 6 of this subpart or table 1 of subpart CCCC of this

part to EPA by [INSERT THE DATE 1 YEAR AFTER PUBLICATION OF

THE FINAL RULE IN THE FEDERAL REGISTER] for incinerators

that commenced construction after November 30, 1999, but no

later than June 4, 2010, or commenced modification or

reconstruction after June 1, 2001 but no later than [INSERT

THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN

THE FEDERAL REGISTER].

(d) You must submit a state plan to EPA that meets

the requirements of this subpart and contains the emission

limits in tables 7 through 9 of this subpart by [INSERT THE

DATE 1 YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE

FEDERAL REGISTER] for CISWI units other than incinerator

units that commenced construction on or before June 4,

2010.

§60.2510 Is a State plan required for all states?

No. You are not required to submit a State plan if

there are no existing CISWI units in your state, and you
110

submit a negative declaration letter in place of the State

plan.

§60.2515 What must I include in my State plan?

(a) You must include the nine items described in

paragraphs (a)(1) through (9) of this section in your State

plan.

(1) Inventory of affected CISWI units, including

those that have ceased operation but have not been

dismantled.

(2) Inventory of emissions from affected CISWI units

in your state.

(3) Compliance schedules for each affected CISWI

unit.

(4) Emission limitations, operator training and

qualification requirements, a waste management plan, and

operating limits for affected CISWI units that are at least

as protective as the emission guidelines contained in this

subpart.

(5) Performance testing, recordkeeping, and reporting

requirements.

(6) Certification that the hearing on the State plan

was held, a list of witnesses and their organizational

affiliations, if any, appearing at the hearing, and a brief

written summary of each presentation or written submission.

(7) Provision for State progress reports to EPA.

(8) Identification of enforceable State mechanisms

that you selected for implementing the emission guidelines

of this subpart.
111

(9) Demonstration of your State's legal authority to

carry out the sections 111(d) and 129 State plan.

(b) Your State plan may deviate from the format and

content of the emission guidelines contained in this

subpart. However, if your State plan does deviate in

content, you must demonstrate that your State plan is at

least as protective as the emission guidelines contained in

this subpart. Your State plan must address regulatory

applicability, increments of progress for retrofit,

operator training and qualification, a waste management

plan, emission limitations, performance testing, operating

limits, monitoring, recordkeeping and reporting, and air

curtain incinerator requirements.

(c) You must follow the requirements of subpart B of

this part (Adoption and Submittal of State Plans for

Designated Facilities) in your State plan.

§60.2520 Is there an approval process for my State plan?

Yes. The EPA will review your state plan according to

§60.27.

§60.2525 What if my State plan is not approvable?

(a) If you do not submit an approvable state plan (or

a negative declaration letter) by December 2, 2002, EPA

will develop a federal plan according to §60.27 to

implement the emission guidelines contained in this

subpart. Owners and operators of CISWI units not covered

by an approved state plan must comply with the federal

plan. The federal plan is an interim action and will be

automatically withdrawn when your state plan is approved.

(b) If you do not submit an approvable state plan (or

a negative declaration letter) to EPA that meets the
112

requirements of this subpart and contains the emission

limits in tables 6 through 9 of this subpart for CISWI

units that commenced construction after November 30, 1999,

but on or before June 4, 2010, then EPA will develop a

federal plan according to §60.27 to implement the emission

guidelines contained in this subpart. Owners and operators

of CISWI units not covered by an approved state plan must

comply with the federal plan. The federal plan is an

interim action and will be automatically withdrawn when

your state plan is approved.

§60.2530 Is there an approval process for a negative

declaration letter?

No. The EPA has no formal review process for negative

declaration letters. Once your negative declaration letter

has been received, EPA will place a copy in the public

docket and publish a notice in the FEDERAL REGISTER. If,

at a later date, an existing CISWI unit is found in your

state, the federal plan implementing the emission

guidelines contained in this subpart would automatically

apply to that CISWI unit until your state plan is approved.

§60.2535 What compliance schedule must I include in my

State plan?

(a) For CISWI units in the incinerator subcategory

that commenced construction on or before November 30, 1999,

your State plan must include compliance schedules that

require CISWI units to achieve final compliance as

expeditiously as practicable after approval of the state

plan but not later than the earlier of the two dates

specified in paragraphs (a)(1) and (2) of this section.

(1) December 1, 2005.

(2) Three years after the effective date of state

plan approval.
113

(b) For CISWI units in the incinerator subcategory

that commenced construction after November 30, 1999, but on

or before June 4, 2010, and for CISWI units in the energy

recovery units, waste-burning kilns, and small remote

incinerators subcategories that commenced construction

before June 4, 2010, your state plan must include

compliance schedules that require CISWI units to achieve

final compliance as expeditiously as practicable after

approval of the state plan but not later than the earlier

of the two dates specified in paragraphs (b)(1) and (b)(2)

of this section.

(1) [INSERT THE DATE 5 YEARS AFTER PUBLICATION OF THE

FINAL RULE IN THE FEDERAL REGISTER].

(2) 3 years after the effective date of state plan

approval.

(c) For compliance schedules more than 1 year

following the effective date of state plan approval, state

plans must include dates for enforceable increments of

progress as specified in §60.2580.

§60.2540 Are there any state plan requirements for this

subpart that apply instead of the requirements specified in

subpart B?

Yes. Subpart B establishes general requirements for

developing and processing section 111(d) plans. This

subpart applies instead of the requirements in subpart B of

this part for paragraphs (a) and (b) of this section:

(a) State plans developed to implement this subpart

must be as protective as the emission guidelines contained

in this subpart. State plans must require all CISWI units

to comply by the dates specified in §60.2535. This applies

instead of the option for case-by-case less stringent
114

emission standards and longer compliance schedules in

§60.24(f).

(b) State plans developed to implement this subpart

are required to include two increments of progress for the

affected CISWI units. These two minimum increments are the

final control plan submittal date and final compliance date

in §60.21(h)(1) and (5). This applies instead of the

requirement of §60.24(e)(1) that would require a State plan

to include all five increments of progress for all CISWI

units.

§60.2541 In lieu of a state plan submittal, are there

other acceptable option(s) for a state to meet its Clean

Air Act section 111(d)/129(b)(2) obligations?

Yes, a state may meet its Clean Air Act section

111(d)/129 obligations by submitting an acceptable written

request for delegation of the federal plan that meets the

requirements of this section. This is the only other

option for a state to meet its Clean Air Act section

111(d)/129 obligations.

(a) An acceptable federal plan delegation request

must include the following:

(1) A demonstration of adequate resources and legal

authority to administer and enforce the federal plan.

(2) The items under §60.2515(a)(1), (2) and (7).

(3) Certification that the hearing on the state

delegation request, similar to the hearing for a state plan

submittal, was held, a list of witnesses and their

organizational affiliations, if any, appearing at the

hearing, and a brief written summary of each presentation

or written submission.

(4) A commitment to enter into a Memorandum of

Agreement with the Regional Administrator who sets forth

the terms, conditions, and effective date of the delegation

and that serves as the mechanism for the transfer of

authority. Additional guidance and information is given in

EPA’s Delegation Manual, Item 7-139, Implementation and
115

Enforcement of 111(d)(2) and 111(d)/(2)/129(b)(3) federal

plans.

(b) A state with an already approved CISWI Clean Air

Act section 111(d)/129 state plan is not precluded from

receiving EPA approval of a delegation request for the

revised federal plan, providing the requirements of

paragraph (a) of this section are met, and at the time of

the delegation request, the state also requests withdrawal

of EPA’s previous state plan approval.

(c) A state’s Clean Air Act section 111(d)/129

obligations are separate from its obligations under Title V

of the Clean Air Act.

§60.2542 What authorities will not be delegated to state,

local, or tribal agencies?

The authorities listed under §60.2030(c) will not be

delegated to state, local, or tribal agencies.

§60.2545 Does this subpart directly affect CISWI unit

owners and operators in my state?

(a) No. This subpart does not directly affect CISWI

unit owners and operators in your state. However, CISWI

unit owners and operators must comply with the State plan

you develop to implement the emission guidelines contained

in this subpart. States may choose to incorporate the

model rule text directly in their state plan.

(b) If you do not submit an approvable plan to

implement and enforce the guidelines contained in this

subpart for CISWI units that commenced construction before

November 30, 1999 by December 2, 2002, EPA will implement

and enforce a Federal plan, as provided in §60.2525, to

ensure that each unit within your State reaches compliance

with all the provisions of this subpart by December 1,

2005.

(c) If you do not submit an approvable plan to
116

implement and enforce the guidelines contained in this

subpart by [INSERT THE DATE 1 YEAR AFTER PUBLICATION OF THE

FINAL RULE IN THE FEDERAL REGISTER] for CISWI units that

commenced construction after November 29, 1999, but on or

before June 4, 2010, EPA will implement and enforce a

federal plan, as provided in §60.2525, to ensure that each

unit within your state that commenced construction after

November 29, 1999, but on or before June 4, 2010, reaches

compliance with all the provisions of this subpart by

[INSERT THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL

RULE IN THE FEDERAL REGISTER].

Applicability of State Plans

§60.2550 What CISWI units must I address in my state

plan?

(a) Your state plan must address incineration units

that meet all three criteria described in paragraphs (a)(1)

through (3) of this section.

(1) Incineration units in your State that commenced

construction on or before June 4, 2010.

(2) Incineration units that meet the definition of a

CISWI unit as defined in §60.2875.

(3) Incineration units not exempt under §60.2555.

(4) Regulation of your CISWI unit is not deferred

under §60.2558.

(b) If the owner or operator of a CISWI unit makes

changes that meet the definition of modification or

reconstruction on or after June 1, 2001, the CISWI unit

becomes subject to subpart CCCC of this part and the State

plan no longer applies to that unit.
117

(c) If the owner or operator of a CISWI unit makes

physical or operational changes to an existing CISWI unit

primarily to comply with your State plan, subpart CCCC of

this part does not apply to that unit. Such changes do not

qualify as modifications or reconstructions under subpart

CCCC of this part.

§60.2555 What combustion units are exempt from my State

plan?

This subpart exempts the types of units described in

paragraphs (a), (c) through (i), (m) and (n) of this

section, but some units are required to provide

notifications. Air curtain incinerators are exempt from

the requirements in this subpart except for the provisions

in §§60.2805, 60.2860, and 60.2870.

(a) Pathological waste incineration units.

Incineration units burning 90 percent or more by weight (on

a calendar quarter basis and excluding the weight of

auxiliary fuel and combustion air) of pathological waste,

low-level radioactive waste, and/or chemotherapeutic waste

as defined in §60.2875 are not subject to this subpart if

you meet the two requirements specified in paragraphs

(a)(1) and (2) of this section.

(1) Notify the Administrator that the unit meets

these criteria.

(2) Keep records on a calendar quarter basis of the

weight of pathological waste, low-level radioactive waste,

and/or chemotherapeutic waste burned, and the weight of all

other fuels and wastes burned in the unit.

(b) [Reserved]

(c) Municipal waste combustion units. Incineration
118

units that are regulated under subpart Ea of this part

(Standards of Performance for Municipal Waste Combustors);

subpart Eb of this part (Standards of Performance for Large

Municipal Waste Combustors); subpart Cb of this part

(Emission Guidelines and Compliance Time for Large

Municipal Combustors); subpart AAAA of this part (Standards

of Performance for Small Municipal Waste Combustion Units);

or subpart BBBB of this part (Emission Guidelines for Small

Municipal Waste Combustion Units).

(d) Medical waste incineration units. Incineration

units regulated under subpart Ec of this part (Standards of

Performance for Hospital/Medical/Infectious Waste

Incinerators for Which Construction is Commenced After June

20, 1996) or subpart Ca of this part (Emission Guidelines

and Compliance Times for Hospital/Medical/Infectious Waste

Incinerators).

(e) Small power production facilities. Units that

meet the three requirements specified in paragraphs (e)(1)

through (3) of this section.

(1) The unit qualifies as a small power-production

facility under section 3(17)(C) of the Federal Power Act

(16 U.S.C. 796(17)(C)).

(2) The unit burns homogeneous waste (not including

refuse-derived fuel) to produce electricity.

(3) You submit a request to the Administrator for a

determination that the qualifying cogeneration facility is

combusting homogenous waste as that term is defined in

§60.2875. The request must include information sufficient

to document that the unit meets the criteria of the

definition of a small power production facility and that

the waste material the unit is proposed to burn is

homogeneous.
119

(f) Cogeneration facilities. Units that meet the

three requirements specified in paragraphs (f)(1) through

(3) of this section.

(1) The unit qualifies as a cogeneration facility

under section 3(18)(B) of the Federal Power Act (16 U.S.C.

796(18)(B)).

(2) The unit burns homogeneous waste (not including

refuse-derived fuel) to produce electricity and steam or

other forms of energy used for industrial, commercial,

heating, or cooling purposes.

(3) You submit a request to the Administrator for a

determination that the qualifying cogeneration facility is

combusting homogenous waste as that term is defined

§60.2875. The request must include information sufficient

to document that the unit meets the criteria of the

definition of a cogeneration facility and that the waste

material the unit is proposed to burn is homogeneous.

(g) Hazardous waste combustion units. Units for which

you are required to get a permit under section 3005 of the

Solid Waste Disposal Act. (h) Materials recovery units.

Units that combust waste for the primary purpose of

recovering metals, such as primary and secondary smelters.

(i) Air curtain incinerators. Air curtain

incinerators that burn only the materials listed in

paragraphs (i)(1) through (3) of this section are only

required to meet the requirements under “Air Curtain

Incinerators” (§§60.2810 through 60.2870).

(1) 100 percent wood waste.

(2) 100 percent clean lumber.
120

(3) 100 percent mixture of only wood waste, clean

lumber, and/or yard waste.

(j) [Reserved] (k) [Reserved] (l) [Reserved] (m) Sewage

treatment plants. Incineration units regulated under

subpart O of this part (Standards of Performance for Sewage

Treatment Plants).

(n) Sewage sludge incineration units. Incineration

units combusting sewage sludge for the purpose of reducing

the volume of the sewage sludge by removing combustible

matter that are subject to subpart LLLL of this part

(Standards of Performance for Sewage Sludge Incineration

Units) or subpart MMMM of this part (Emission Guidelines

for Sewage Sludge Incineration Units). Sewage sludge

incineration unit designs include fluidized bed and

multiple hearth.

Use of Model Rule

§60.2560 What is the “model rule” in this subpart?

(a) The model rule is the portion of these emission

guidelines (§§60.2575 through 60.2875) that addresses the

regulatory requirements applicable to CISWI units. The

model rule provides these requirements in regulation

format. You must develop a State plan that is at least as

protective as the model rule. You may use the model rule

language as part of your State plan. Alternative language

may be used in your State plan if you demonstrate that the

alternative language is at least as protective as the model

rule contained in this subpart.

(b) In the model rule of §§60.2575 to 60.2875, “you”

means the owner or operator of a CISWI unit.
121

§60.2565 How does the model rule relate to the required

elements of my State plan?

Use the model rule to satisfy the State plan

requirements specified in §60.2515(a)(4) and (5).

§60.2570 What are the principal components of the model

rule?

The model rule contains the eleven major components

listed in paragraphs (a) through (k) of this section.

(a) Increments of progress toward compliance.

(b) Waste management plan.

(c) Operator training and qualification.

(d) Emission limitations and operating limits.

(e) Performance testing.

(f) Initial compliance requirements.

(g) Continuous compliance requirements.

(h) Monitoring.

(i) Recordkeeping and reporting.

(j) Definitions.

(k) Tables.

Model Rule—Increments of Progress

§60.2575 What are my requirements for meeting increments

of progress and achieving final compliance?
122

If you plan to achieve compliance more than 1 year

following the effective date of State plan approval, you

must meet the two increments of progress specified in

paragraphs (a) and (b) of this section.

(a) Submit a final control plan.

(b) Achieve final compliance.

§60.2580 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for

each of the increments of progress.

§60.2585 What must I include in the notifications of

achievement of increments of progress?

Your notification of achievement of increments of

progress must include the three items specified in

paragraphs (a) through (c) of this section.

(a) Notification that the increment of progress has

been achieved.

(b) Any items required to be submitted with each

increment of progress.

(c) Signature of the owner or operator of the CISWI

unit.

§60.2590 When must I submit the notifications of

achievement of increments of progress?

Notifications for achieving increments of progress

must be postmarked no later than 10 business days after the

compliance date for the increment.

§60.2595 What if I do not meet an increment of progress?
123

If you fail to meet an increment of progress, you must

submit a notification to the Administrator postmarked

within 10 business days after the date for that increment

of progress in table 1 of this subpart. You must inform

the Administrator that you did not meet the increment, and

you must continue to submit reports each subsequent

calendar month until the increment of progress is met.

§60.2600 How do I comply with the increment of progress

for submittal of a control plan?

For your control plan increment of progress, you must

satisfy the two requirements specified in paragraphs (a)

and (b) of this section.

(a) Submit the final control plan that includes the

five items described in paragraphs (a)(1) through (5) of

this section.

(1) A description of the devices for air pollution

control and process changes that you will use to comply

with the emission limitations and other requirements of

this subpart.

(2) The type(s) of waste to be burned.

(3) The maximum design waste burning capacity.

(4) The anticipated maximum charge rate.

(5) If applicable, the petition for site-specific

operating limits under §60.2680.

(b) Maintain an onsite copy of the final control

plan.

§60.2605 How do I comply with the increment of progress

for achieving final compliance?
124

For the final compliance increment of progress, you

must complete all process changes and retrofit construction

of control devices, as specified in the final control plan,

so that, if the affected CISWI unit is brought online, all

necessary process changes and air pollution control devices

would operate as designed.

§60.2610 What must I do if I close my CISWI unit and then

restart it?

(a) If you close your CISWI unit but will restart it

prior to the final compliance date in your State plan, you

must meet the increments of progress specified in §60.2575.

(b) If you close your CISWI unit but will restart it

after your final compliance date, you must complete

emission control retrofits and meet the emission

limitations and operating limits on the date your unit

restarts operation.

§60.2615 What must I do if I plan to permanently close my CISWI unit

and not restart it?

If you plan to close your CISWI unit rather than

comply with the State plan, submit a closure notification,

including the date of closure, to the Administrator by the

date your final control plan is due.

Model Rule—Waste Management Plan

§60.2620 What is a waste management plan?

A waste management plan is a written plan that

identifies both the feasibility and the methods used to

reduce or separate certain components of solid waste from

the waste stream in order to reduce or eliminate toxic

emissions from incinerated waste.
125

§60.2625 When must I submit my waste management plan?

You must submit a waste management plan no later than

the date specified in table 1 of this subpart for submittal

of the final control plan.

§60.2630 What should I include in my waste management

plan?

A waste management plan must include consideration of

the reduction or separation of waste-stream elements such

as paper, cardboard, plastics, glass, batteries, or metals;

or the use of recyclable materials. The plan must identify

any additional waste management measures, and the source

must implement those measures considered practical and

feasible, based on the effectiveness of waste management

measures already in place, the costs of additional

measures, the emissions reductions expected to be achieved,

and any other environmental or energy impacts they might

have.

Model Rule—Operator Training and Qualification

§60.2635 What are the operator training and qualification

requirements?

(a) No CISWI unit can be operated unless a fully

trained and qualified CISWI unit operator is accessible,

either at the facility or can be at the facility within 1

hour. The trained and qualified CISWI unit operator may

operate the CISWI unit directly or be the direct supervisor

of one or more other plant personnel who operate the unit.

If all qualified CISWI unit operators are temporarily not

accessible, you must follow the procedures in §60.2665.

(b) Operator training and qualification must be

obtained through a state-approved program or by completing
126

the requirements included in paragraph (c) of this section.

(c) Training must be obtained by completing an

incinerator operator training course that includes, at a

minimum, the three elements described in paragraphs (c)(1)

through (3) of this section.

(1) Training on the eleven subjects listed in

paragraphs (c)(1)(i) through (xi) of this section.

(i) Environmental concerns, including types of

emissions.

(ii) Basic combustion principles, including products

of combustion.

(iii) Operation of the specific type of incinerator

to be used by the operator, including proper startup, waste

charging, and shutdown procedures.

(iv) Combustion controls and monitoring.

(v) Operation of air pollution control equipment and

factors affecting performance (if applicable).

(vi) Inspection and maintenance of the incinerator

and air pollution control devices.

(vii) Actions to prevent and correct malfunctions or

to prevent conditions that may lead to malfunctions.

(viii) Bottom and fly ash characteristics and

handling procedures.

(ix) Applicable Federal, State, and local

regulations, including Occupational Safety and Health

Administration workplace standards.
127

(x) Pollution prevention.

(xi) Waste management practices.

(2) An examination designed and administered by the

instructor.

(3) Written material covering the training course

topics that can serve as reference material following

completion of the course.

§60.2640 When must the operator training course be

completed?

The operator training course must be completed by the

later of the three dates specified in paragraphs (a)

through (c) of this section.

(a) The final compliance date (Increment 2).

(b) Six months after CISWI unit startup.

(c) Six months after an employee assumes

responsibility for operating the CISWI unit or assumes

responsibility for supervising the operation of the CISWI

unit.

§60.2645 How do I obtain my operator qualification?

(a) You must obtain operator qualification by

completing a training course that satisfies the criteria

under §60.2635(b).

(b) Qualification is valid from the date on which the

training course is completed and the operator successfully

passes the examination required under §60.2635(c)(2).

§60.2650 How do I maintain my operator qualification?
128

To maintain qualification, you must complete an annual

review or refresher course covering, at a minimum, the five

topics described in paragraphs (a) through (e) of this

section.

(a) Update of regulations.

(b) Incinerator operation, including startup and

shutdown procedures, waste charging, and ash handling.

(c) Inspection and maintenance.

(d) Prevention and correction of malfunctions or

conditions that may lead to malfunction.

(e) Discussion of operating problems encountered by

attendees.

§60.2655 How do I renew my lapsed operator qualification?

You must renew a lapsed operator qualification by one

of the two methods specified in paragraphs (a) and (b) of

this section.

(a) For a lapse of less than 3 years, you must

complete a standard annual refresher course described in

§60.2650.

(b) For a lapse of 3 years or more, you must repeat

the initial qualification requirements in §60.2645(a).

§60.2660 What site-specific documentation is required?

(a) Documentation must be available at the facility

and readily accessible for all CISWI unit operators that

addresses the ten topics described in paragraphs (a)(1)

through (10) of this section. You must maintain this

information and the training records required by paragraph
129

(c) of this section in a manner that they can be readily

accessed and are suitable for inspection upon request.

(1) Summary of the applicable standards under this

subpart.

(2) Procedures for receiving, handling, and charging

waste.

(3) Incinerator startup, shutdown, and malfunction

procedures.

(4) Procedures for maintaining proper combustion air

supply levels.

(5) Procedures for operating the incinerator and

associated air pollution control systems within the

standards established under this subpart.

(6) Monitoring procedures for demonstrating

compliance with the incinerator operating limits.

(7) Reporting and recordkeeping procedures.

(8) The waste management plan required under

§§60.2620 through 60.2630.

(9) Procedures for handling ash.

(10) A list of the wastes burned during the

performance test.

(b) You must establish a program for reviewing the

information listed in paragraph (a) of this section with

each incinerator operator.

(1) The initial review of the information listed in

paragraph (a) of this section must be conducted by the
130

later of the three dates specified in paragraphs (b)(1)(i)

through (iii) of this section.

(i) The final compliance date (Increment 2).

(ii) Six months after CISWI unit startup.

(iii) Six months after being assigned to operate the

CISWI unit.

(2) Subsequent annual reviews of the information

listed in paragraph (a) of this section must be conducted

no later than 12 months following the previous review.

(c) You must also maintain the information specified

in paragraphs (c)(1) through (3) of this section.

(1) Records showing the names of CISWI unit operators

who have completed review of the information in §60.2660(a)

as required by §60.2660(b), including the date of the

initial review and all subsequent annual reviews.

(2) Records showing the names of the CISWI operators

who have completed the operator training requirements under

§60.2635, met the criteria for qualification under

§60.2645, and maintained or renewed their qualification

under §60.2650 or §60.2655. Records must include

documentation of training, the dates of the initial

refresher training, and the dates of their qualification

and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or

pager number at which they can be reached during operating

hours.

§60.2665 What if all the qualified operators are

temporarily not accessible?
131

If all qualified operators are temporarily not

accessible (i.e., not at the facility and not able to be at

the facility within 1 hour), you must meet one of the two

criteria specified in paragraphs (a) and (b) of this

section, depending on the length of time that a qualified

operator is not accessible.

(a) When all qualified operators are not accessible

for more than 8 hours, but less than 2 weeks, the CISWI

unit may be operated by other plant personnel familiar with

the operation of the CISWI unit who have completed a review

of the information specified in §60.2660(a) within the past

12 months. However, you must record the period when all

qualified operators were not accessible and include this

deviation in the annual report as specified under §60.2770.

(b) When all qualified operators are not accessible

for 2 weeks or more, you must take the two actions that are

described in paragraphs (b)(1) and (2) of this section.

(1) Notify the Administrator of this deviation in

writing within 10 days. In the notice, state what caused

this deviation, what you are doing to ensure that a

qualified operator is accessible, and when you anticipate

that a qualified operator will be accessible.

(2) Submit a status report to the Administrator every

4 weeks outlining what you are doing to ensure that a

qualified operator is accessible, stating when you

anticipate that a qualified operator will be accessible and

requesting approval from the Administrator to continue

operation of the CISWI unit. You must submit the first

status report 4 weeks after you notify the Administrator of

the deviation under paragraph (b)(1) of this section. If

the Administrator notifies you that your request to

continue operation of the CISWI unit is disapproved, the
132

CISWI unit may continue operation for 90 days, then must

cease operation. Operation of the unit may resume if you

meet the two requirements in paragraphs (b)(2)(i) and (ii)

of this section.

(i) A qualified operator is accessible as required

under §60.2635(a).

(ii) You notify the Administrator that a qualified

operator is accessible and that you are resuming operation.

Model Rule—Emission Limitations and Operating Limits

§60.2670 What emission limitations must I meet and by

when?

(a) You must meet the emission limitations for each

CISWI unit, including bypass stack or vent, specified in

table 2 of this subpart or tables 6 through 9 of this

subpart by the final compliance date under the approved

state plan, federal plan, or delegation, as applicable.

The emission limitations apply at all times the unit is

operating including and not limited to startup, shutdown,

or malfunction.

(b) Units that do not use wet scrubbers must maintain

opacity to less than or equal to the percent opacity (three

1-hour blocks consisting of ten 6-minute average opacity

values) specified in table 2 of this subpart, as

applicable.

§60.2675 What operating limits must I meet and by when?

(a) If you use a wet scrubber(s) to comply with the

emission limitations, you must establish operating limits

for up to four operating parameters (as specified in table

3 of this subpart) as described in paragraphs (a)(1)

through (4) of this section during the initial performance

test.

(1) Maximum charge rate, calculated using one of the
133

two different procedures in paragraph (a)(1)(i) or (ii), as

appropriate.

(i) For continuous and intermittent units, maximum

charge rate is 110 percent of the average charge rate

measured during the most recent performance test

demonstrating compliance with all applicable emission

limitations.

(ii) For batch units, maximum charge rate is 110

percent of the daily charge rate measured during the most

recent performance test demonstrating compliance with all

applicable emission limitations.

(2) Minimum pressure drop across the wet particulate

matter scrubber, which is calculated as the lowest 1-hour

average pressure drop across the wet scrubber measured

during the most recent performance test demonstrating

compliance with the particulate matter emission

limitations; or minimum amperage to the wet scrubber, which

is calculated as the lowest 1-hour average amperage to the

wet scrubber measured during the most recent performance

test demonstrating compliance with the particulate matter

emission limitations.

(3) Minimum scrubber liquid flow rate, which is

calculated as the lowest 1-hour average liquid flow rate at

the inlet to the wet acid gas or particulate matter

scrubber measured during the most recent performance test

demonstrating compliance with all applicable emission

limitations.

(4) Minimum scrubber liquor pH, which is calculated

as 90 percent of the average liquor pH at the inlet to the

wet acid gas scrubber measured during the most recent

performance test demonstrating compliance with the HCl

emission limitation.

(b) You must meet the operating limits established

during the initial performance test on the date the initial
134

performance test is required or completed (whichever is

earlier). You must conduct an initial performance

evaluation of each continuous monitoring system and

continuous parameter monitoring system within 60 days of

installation of the monitoring system.

(c) If you use a fabric filter to comply with the

emission limitations, you must operate each fabric filter

system such that the bag leak detection system alarm does

not sound more than 5 percent of the operating time during

a 6-month period. In calculating this operating time

percentage, if inspection of the fabric filter demonstrates

that no corrective action is required, no alarm time is

counted. If corrective action is required, each alarm

shall be counted as a minimum of 1 hour. If you take

longer than 1 hour to initiate corrective action, the alarm

time shall be counted as the actual amount of time taken by

you to initiate corrective action.

(d) If you use an electrostatic precipitator to

comply with the emission limitations, you must measure the

(secondary) voltage and amperage of the electrostatic

precipitator collection plates during the particulate

matter performance test. Calculate the average electric

power value (secondary voltage x secondary current =

secondary electric power) for each test run. The operating

limit for the electrostatic precipitator is calculated as

the lowest 1-hour average secondary electric power measured

during the most recent performance test demonstrating

compliance with the particulate matter emission

limitations.

(e) If you use activated carbon sorbent injection to

comply with the emission limitations, you must measure the

sorbent flow rate during the performance testing. The

operating limit for the carbon sorbent injection is

calculated as the lowest 1-hour average sorbent flow rate

measured during the most recent performance test

demonstrating compliance with the mercury emission

limitations.
135

(f) If you use selective noncatalytic reduction to

comply with the emission limitations, you must measure the

charge rate, the secondary chamber temperature (if

applicable to your CISWI unit), and the reagent flow rate

during the nitrogen oxides performance testing. The

operating limits for the selective noncatalytic reduction

are calculated as the lowest 1-hour average charge rate,

secondary chamber temperature, and reagent flow rate

measured during the most recent performance test

demonstrating compliance with the nitrogen oxides emission

limitations.

(g) If you do not use a wet scrubber, electrostatic

precipitator, or fabric filter to comply with the emission

limitations, and if you do not determine compliance with

your particulate matter emission limitation with a

particulate matter continuous emissions monitoring system,

you must maintain opacity to less than or equal to ten

percent opacity (1-hour block average).

§60.2680 What if I do not use a wet scrubber, fabric

filter, activated carbon injection, selective noncatalytic

reduction, or an electrostatic precipitator to comply with

the emission limitations?

(a) If you use an air pollution control device other

than a wet scrubber, activated carbon injection, selective

noncatalytic reduction, fabric filter, or an electrostatic

precipitator or limit emissions in some other manner,

including mass balances, to comply with the emission

limitations under §60.2670, you must petition the EPA

Administrator for specific operating limits to be

established during the initial performance test and

continuously monitored thereafter. You must not conduct

the initial performance test until after the petition has

been approved by the Administrator. Your petition must

include the five items listed in paragraphs (a)(1) through
136

(5) of this section.

(1) Identification of the specific parameters you

propose to use as additional operating limits.

(2) A discussion of the relationship between these

parameters and emissions of regulated pollutants,

identifying how emissions of regulated pollutants change

with changes in these parameters, and how limits on these

parameters will serve to limit emissions of regulated

pollutants.

(3) A discussion of how you will establish the upper

and/or lower values for these parameters which will

establish the operating limits on these parameters.

(4) A discussion identifying the methods you will use

to measure and the instruments you will use to monitor

these parameters, as well as the relative accuracy and

precision of these methods and instruments.

(5) A discussion identifying the frequency and

methods for recalibrating the instruments you will use for

monitoring these parameters.

§60.2685 Affirmative Defense for Exceedance of an Emission

Limit During Malfunction.

In response to an action to enforce the standards set

forth in paragraph §60.2670 you may assert an affirmative

defense to a claim for civil penalties for exceedances of

such standards that are caused by malfunction, as defined

at §60.2. Appropriate penalties may be assessed, however,

if you fail to meet your burden of proving all of the

requirements in the affirmative defense. The affirmative

defense shall not be available for claims for injunctive

relief.
137

(a) To establish the affirmative defense in any

action to enforce such a limit, you must timely meet the

notification requirements in paragraph (b) of this section,

and must prove by a preponderance of evidence that:

(1) The excess emissions:

(i) Were caused by a sudden, infrequent, and

unavoidable failure of air pollution control and monitoring

equipment, process equipment, or a process to operate in a

normal or usual manner; and

(ii) Could not have been prevented through careful

planning, proper design or better operation and maintenance

practices; and

(iii) Did not stem from any activity or event that

could have been foreseen and avoided, or planned for; and

(iv) Were not part of a recurring pattern indicative

of inadequate design, operation, or maintenance; and

(2) Repairs were made as expeditiously as possible

when the applicable emission limitations were being

exceeded. Off-shift and overtime labor were used, to the

extent practicable to make these repairs; and

(3) The frequency, amount and duration of the excess

emissions (including any bypass) were minimized to the

maximum extent practicable during periods of such

emissions; and

(4) If the excess emissions resulted from a bypass of

control equipment or a process, then the bypass was

unavoidable to prevent loss of life, personal injury, or

severe property damage; and

(5) All possible steps were taken to minimize the

impact of the excess emissions on ambient air quality, the

environment and human health; and

(6) All emissions and/or parameter monitoring and
138

systems, as well as control systems, were kept in operation

if at all possible, consistent with safety and good air

pollution control practices;

(7) All of the actions in response to the excess

emissions were documented by properly signed,

contemporaneous operating logs; and

(8) At all times, the facility was operated in a

manner consistent with good practices for minimizing

emissions; and

(9) A written root cause analysis has been prepared,

the purpose of which is to determine, correct, and

eliminate the primary causes of the malfunction and the

excess emissions resulting from the malfunction event at

issue. The analysis shall also specify, using best

monitoring methods and engineering judgment, the amount of

excess emissions that were the result of the malfunction.

(b) Notification. The owner or operator of the facility

experiencing an exceedance of its emission limit(s) during

a malfunction shall notify the Administrator by telephone

or facsimile (FAX) transmission as soon as possible, but no

later than two business days after the initial occurrence

of the malfunction, if it wishes to avail itself of an

affirmative defense to civil penalties for that

malfunction. The owner or operator seeking to assert an

affirmative defense shall also submit a written report to

the Administrator within 45 days of the initial occurrence

of the exceedance of the standard in §60.2670 to

demonstrate, with all necessary supporting documentation,

that it has met the requirements set forth in paragraph (a)

of this section. The owner or operator may seek an

extension of this deadline for up to 30 additional days by

submitting a written request to the Administrator before

the expiration of the 45 day period. Until a request for

an extension has been approved by the Administrator, the
139

owner or operator is subject to the requirement to submit

such report within 45 days of the initial occurrence of the

exceedances. Model Rule—Performance Testing

§60.2690 How do I conduct the initial and annual

performance test?

(a) All performance tests must consist of a minimum

of three test runs conducted under conditions

representative of normal operations.

(b) You must document that the waste burned during

the performance test is representative of the waste burned

under normal operating conditions by maintaining a log of

the quantity of waste burned (as required in

§60.2740(b)(1)) and the types of waste burned during the

performance test.

(c) All performance tests must be conducted using the

minimum run duration specified in tables 2 and 6 through 9

of this subpart.

(d) Method 1 of appendix A of this part must be used

to select the sampling location and number of traverse

points.

(e) Method 3A or 3B of appendix A of this part must

be used for gas composition analysis, including measurement

of oxygen concentration. Method 3A or 3B of appendix A of

this part must be used simultaneously with each method.

(f) All pollutant concentrations, except for opacity,

must be adjusted to 7 percent oxygen using Equation 1 of

this section:

Cadj= Cmeas(20.9−7)/(20.9−%O2) (Eq. 1)

Where:
140

Cadj= pollutant concentration adjusted to 7 percent oxygen;

Cmeas= pollutant concentration measured on a dry basis;

(20.9−7) = 20.9 percent oxygen−7 percent oxygen (defined

oxygen correction basis);

20.9 = oxygen concentration in air, percent; and

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

(g) You must determine dioxins/furans toxic

equivalency by following the procedures in paragraphs

(g)(1) through (3) of this section.

(1) Measure the concentration of each dioxin/furan

tetra- through octa-isomer emitted using EPA Method 23 at

40 CFR part 60, appendix A.

(2) For each dioxin/furan (tetra-through octachlorinated) isomer measured in accordance with paragraph

(g)(1) of this section, multiply the isomer concentration

by its corresponding toxic equivalency factor specified in

table 4 of this subpart.

(3) Sum the products calculated in accordance with

paragraph (g)(2) of this section to obtain the total

concentration of dioxins/furans emitted in terms of toxic

equivalency.

(h) Method 22 at 40 CFR part 60, appendix A-7 must be

used to determine compliance with the fugitive ash emission

limit in table 2 of this subpart or tables 6 through 9 of

this subpart.

(i) If you have an applicable opacity operating

limit, you must determine compliance with the opacity limit

using Method 9 at 40 CFR parth 60, appendix A-4, based on
141

three 1-hour blocks consisting of ten 6-minute average

opacity values, unless you are required to install a

continuous opacity monitoring system, consistent with

§60.2710 and §60.2730.

§60.2695 How are the performance test data used?

You use results of performance tests to demonstrate

compliance with the emission limitations in table 2 of this

subpart or tables 6 through 9 of this subpart.

Model Rule—Initial Compliance Requirements

§60.2700 How do I demonstrate initial compliance with the

amended emission limitations and establish the operating

limits?

You must conduct an initial performance test, as

required under §§60.2690 and 60.2670, to determine

compliance with the emission limitations in table 2 of this

subpart and tables 6 through 9 of this subpart, to

establish compliance with any opacity operating limits in

§60.2675, and to establish operating limits using the

procedures in §60.2675 or §60.2680. The performance test

must be conducted using the test methods listed in table 2

of this subpart and tables 6 through 9 of this subpart and

the procedures in §60.2690. The use of the bypass stack

during a performance test shall invalidate the performance

test. You must conduct a performance evaluation of each

continuous monitoring system within 60 days of installation

of the monitoring system.

§60.2705 By what date must I conduct the initial

performance test?

(a) The initial performance test must be conducted no

later than 180 days after your final compliance date. Your

final compliance date is specified in table 1 of this
142

subpart.

(b) If you commence or recommence combusting a solid

waste at an existing combustion unit at any commercial or

industrial facility and you conducted a test consistent

with the provisions of this subpart while combusting the

given solid waste within the 6 months preceding the

reintroduction of that solid waste in the combustion

chamber, you do not need to retest until 6 months from the

date you reintroduce that solid waste.

(c) If you commence combusting or recommence

combusting a solid waste at an existing combustion unit at

any commercial or industrial facility and you have not

conducted a performance test consistent with the provisions

of this subpart while combusting the given solid waste

within the 6 months preceding the reintroduction of that

solid waste in the combustion chamber, you must conduct a

performance test within 60 days commencing or recommencing

solid waste combustion.

§60.2706 By what date must I conduct the initial air

pollution control device inspection?

(a) The initial air pollution control device

inspection must be conducted within 60 days after

installation of the control device and the associated CISWI

unit reaches the charge rate at which it will operate, but

no later than 180 days after the final compliance date for

meeting the amended emission limitations.

(b) Within 10 operating days following an air

pollution control device inspection, all necessary repairs

must be completed unless the owner or operator obtains

written approval from the state agency establishing a date

whereby all necessary repairs of the designated facility

must be completed.

Model Rule—Continuous Compliance Requirements
143

§60.2710 How do I demonstrate continuous compliance with

the emission limitations and the operating limits?

(a) Compliance with standards.

(1) The emission standards and operating requirements

set forth in this subpart apply at all times.

(2) If you cease combusting solid waste you may opt

to remain subject to the provisions of this subpart.

Consistent with the definition of CISWI unit, you are

subject to the requirements of this subpart at least 6

months following the last date of solid waste combustion.

Solid waste combustion is ceased when solid waste is not in

the combustion chamber (i.e., the solid waste feed to the

combustor has been cut off for a period of time not less

than the solid waste residence time).

(3) If you cease combusting solid waste you must be

in compliance with any newly applicable standards on the

effective date of the waste-to-fuel switch. The effective

date of the waste-to-fuel switch is a date selected by you,

that must be at least 6 months from the date that you

ceased combusting solid waste, consistent with

§60.2710(a)(2). Your source must remain in compliance with

this subpart until the effective date of the waste-to-fuel

switch.

(4) If you own or operate an existing commercial or

industrial combustion unit that combusted a fuel or nonwaste material, and you commence or recommence combustion

of solid waste, you are subject to the provisions of this

subpart as of the first day you introduce or reintroduce

solid waste to the combustion chamber, and this date

constitutes the effective date of the fuel-to-waste switch.

You must complete all initial compliance demonstrations for

any Section 112 standards that are applicable to your
144

facility before you commence or recommence combustion of

solid waste.

You must provide 30 days prior notice of the effective

date of the waste-to-fuel switch. The notification must

identify:

(i) The name of the owner or operator of the CISWI

unit, the location of the source, the emissions unit(s)

that will cease burning solid waste, and the date of the

notice;

(ii) The currently applicable subcategory under this

subpart, and any 40 CFR part 63 subpart and subcategory

that will be applicable after you cease combusting solid

waste;

(iii) The fuel(s), non-waste material(s) and solid

waste(s) the CISWI unit is currently combusting and has

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(iv) The date on which you became subject to the

currently applicable emission limits;

(v) The date upon which you will cease combusting

solid waste, and the date (if different) that you intend

for any new requirements to become applicable (i.e., the

effective date of the waste-to-fuel switch), consistent

with (2) and (3)) above.

(5) All air pollution control equipment necessary

for compliance with any newly applicable emissions limits

which apply as a result of the cessation or commencement or

recommencement of combusting solid waste must be installed

and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch.
145

(6) All monitoring systems necessary for compliance

with any newly applicable monitoring requirements which

apply as a result of the cessation or commencement or

recommencement of combusting solid waste must be installed

and operational as of the effective date of the waste-tofuel, or fuel-to-waste switch. All calibration and drift

checks must be performed as of the effective date of the

waste-to-fuel, or fuel-to-waste switch. Relative accuracy

tests must be performed as of the performance test deadline

for PM CEMS. Relative accuracy testing for other CEMS need

not be repeated if that testing was previously performed

consistent with section 112 monitoring requirements or

monitoring requirements under this subpart.

(b) You must conduct an annual performance test for

the pollutants listed in table 2 of this subpart or tables

6 through 9 of this subpart and opacity for each CISWI unit

as required under §60.2690. The annual performance test

must be conducted using the test methods listed in table 2

of this subpart or tables 6 through 9 of this subpart and

the procedures in §60.2690. Annual performance tests are

not required if you use continuous emission monitoring

systems or continuous opacity monitoring systems to

determine compliance.

(c) You must continuously monitor the operating

parameters specified in §60.2675 or established under

§60.2680 and as specified in §60.2735. Operation above the

established maximum or below the established minimum

operating limits constitutes a deviation from the

established operating limits. Three-hour block average

values are used to determine compliance (except for

baghouse leak detection system alarms) unless a different

averaging period is established under §60.2680. Operating
146

limits are confirmed or established during performance

tests.

(d) You must burn only the same types of waste used

to establish operating limits during the performance test.

(e) For energy recovery units, incinerators, and

small remote units, you must perform annual visual

emissions test for ash handling.

(f) For energy recovery units, you must conduct an

annual performance test for the pollutants listed in table

7 of this subpart.

(g) For facilities using a continuous emission

monitoring system to demonstrate compliance with the carbon

monoxide emission limit, compliance with the carbon

monoxide emission limit may be demonstrated by using the

continuous emission monitoring system according to the

following requirements:

(1) You must measure emissions according to §60.13 to

calculate 1-hour arithmetic averages, corrected to 7

percent oxygen. You must demonstrate initial compliance

with the carbon monoxide emissions limit using a 30-day

rolling average of the 1-hour arithmetic average emission

concentrations, calculated using Equation 19-19 in section

12.4.1 of EPA Reference Method 19 at 40 CFR part 60,

appendix A–7.

(2) Operate the carbon monoxide continuous emissions

monitoring system in accordance with the applicable

requirements of performance specification 4A of appendix B

and the quality assurance procedures of appendix F of this

part.

(h) For energy recovery units with design capacities

greater than 250 MMBtu/hr and waste-burning kilns,

demonstrate continuous compliance with the particulate
147

matter emissions limit using a particulate matter

continuous emissions monitoring system according to the

procedures in §60.2730(n).

(i) For energy recovery units with design capacities

greater than or equal to 10 MMBTU/hour, if you have an

opacity operating limit, you must install, operate, certify

and maintain a continuous opacity monitoring system (COMS)

according to the procedures in §60.2730.

(j) For waste-burning kilns, you must conduct an

annual performance test for the pollutants (except mercury

and particulate matter, and hydrogen chloride if no acid

gas wet scrubber is used) listed in table 8 of this

subpart. If your waste-burning kiln is not equipped with a

wet scrubber, you must determine compliance with the

hydrogen chloride emission limit using a continuous

emission monitoring system as specified in §60.2730. You

must determine compliance with the mercury emissions limit

using a mercury continuous emission monitoring system

according to the following requirements:

(1) Operate a continuous emission monitoring system

in accordance with performance specification 12A at 40 CFR

part 60, appendix B or a sorbent trap based integrated

monitor in accordance with performance specification 12B at

40 CFR part 60, appendix B. The duration of the

performance test must be a calendar month. For each

calendar month in which the waste-burning kiln operates,

hourly mercury concentration data and stack gas volumetric

flow rate data must be obtained.

(2) Owners or operators using a mercury continuous

emissions monitoring systems must install, operate,

calibrate and maintain an instrument for continuously

measuring and recording the mercury mass emissions rate to

the atmosphere according to the requirements of performance

specifications 6 and 12A at 40 CFR part 60, appendix B and

quality assurance procedure 5 at 40 CFR part 60, appendix

F.

(3) The owner or operator of a waste-burning kiln
148

must demonstrate initial compliance by operating a mercury

continuous emission monitor while the raw mill of the inline kiln/raw mill is operating under normal conditions and

while the raw mill of the in-line kiln/raw mill is not

operating.

(k) If you use an air pollution control device to

meet the emission limitations in this subpart, you must

conduct an initial and annual inspection of the air

pollution control device. The inspection must include, at

a minimum, the following:

(1) Inspect air pollution control device(s) for

proper operation.

(2) Develop a site-specific monitoring plan according

to the requirements in paragraph (l) of this section. This

requirement also applies to you if you petition the EPA

Administrator for alternative monitoring parameters under

§60.13(i).

(l) For each continuous monitoring system required in

this section, you must develop and submit to the EPA

Administrator for approval a site-specific monitoring plan

according to the requirements of this paragraph (l) that

addresses paragraphs (l)(1)(i) through (vi) of this

section.

(1) You must submit this site-specific monitoring

plan at least 60 days before your initial performance

evaluation of your continuous monitoring system.

(i) Installation of the continuous monitoring system

sampling probe or other interface at a measurement location

relative to each affected process unit such that the

measurement is representative of control of the exhaust

emissions (e.g., on or downstream of the last control

device).

(ii) Performance and equipment specifications for the

sample interface, the pollutant concentration or parametric

signal analyzer and the data collection and reduction
149

systems.

(iii) Performance evaluation procedures and

acceptance criteria (e.g., calibrations).

(iv) Ongoing operation and maintenance procedures in

accordance with the general requirements of §60.11(d).

(v) Ongoing data quality assurance procedures in

accordance with the general requirements of §60.13.

(vi) Ongoing recordkeeping and reporting procedures

in accordance with the general requirements of

§60.7(b),(c), (c)(1), (c)(4), (d), (e), (f) and (g).

(2) You must conduct a performance evaluation of each

continuous monitoring system in accordance with your sitespecific monitoring plan.

(3) You must operate and maintain the continuous

monitoring system in continuous operation according to the

site-specific monitoring plan.

(m) If you have an operating limit that requires the

use of a flow monitoring system, you must meet the

requirements in paragraphs (l) and (m)(1) through (4) of

this section.

(1) Install the flow sensor and other necessary

equipment in a position that provides a representative

flow.

(2) Use a flow sensor with a measurement sensitivity

of no greater than 2 percent of the expected process flow

rate.

(3) Minimize the effects of swirling flow or abnormal

velocity distributions due to upstream and downstream

disturbances.

(4) Conduct a flow monitoring system performance

evaluation in accordance with your monitoring plan at the
150

time of each performance test but no less frequently than

annually.

(n) If you have an operating limit that requires the

use of a pressure monitoring system, you must meet the

requirements in paragraphs (l) and (n)(1) through (6) of

this section.

(1) Install the pressure sensor(s) in a position that

provides a representative measurement of the pressure

(e.g., PM scrubber pressure drop).

(2) Minimize or eliminate pulsating pressure,

vibration, and internal and external corrosion.

(3) Use a pressure sensor with a minimum tolerance of

1.27 centimeters of water or a minimum tolerance of 1

percent of the pressure monitoring system operating range,

whichever is less.

(4) Perform checks at least once each process

operating day to ensure pressure measurements are not

obstructed (e.g., check for pressure tap pluggage daily).

(5) Conduct a performance evaluation of the pressure

monitoring system in accordance with your monitoring plan

at the time of each performance test but no less frequently

than annually.

(6) If at any time the measured pressure exceeds the

manufacturer's specified maximum operating pressure range,

conduct a performance evaluation of the pressure monitoring

system in accordance with your monitoring plan and confirm

that the pressure monitoring system continues to meet the

performance requirements in your monitoring plan.

Alternatively, install and verify the operation of a new

pressure sensor.

(o) If you have an operating limit that requires the

use of a pressure monitoring system, you must meet the

requirements in paragraphs (l) and (n)(1) through (6) of

this section.
151

(1) Install the pressure sensor(s) in a position that

provides a representative measurement of the pressure

(e.g., PM scrubber pressure drop).

(2) Minimize or eliminate pulsating pressure,

vibration, and internal and external corrosion.

(3) Use a pressure sensor with a minimum tolerance of

1.27 centimeters of water or a minimum tolerance of 1

percent of the pressure monitoring system operating range,

whichever is less.

(4) Perform checks at least once each process

operating day to ensure pressure measurements are not

obstructed (e.g., check for pressure tap pluggage daily).

(5) Conduct a performance evaluation of the pressure

monitoring system in accordance with your monitoring plan

at the time of each performance test but no less frequently

than annually.

(6) If at any time the measured pressure exceeds the

manufacturer's specified maximum operating pressure range,

conduct a performance evaluation of the pressure monitoring

system in accordance with your monitoring plan and confirm

that the pressure monitoring system continues to meet the

performance requirements in your monitoring plan.

Alternatively, install and verify the operation of a new

pressure sensor.

(p) If you have an operating limit that requires a

secondary electric power monitoring system for an

electrostatic precipitator, you must meet the requirements

in paragraphs (l) and (p)(1) through (2) of this section.

(1) Install sensors to measure (secondary) voltage

and current to the precipitator collection plates.

(2) Conduct a performance evaluation of the electric

power monitoring system in accordance with your monitoring

plan at the time of each performance test but no less

frequently than annually.
152

(q) If you have an operating limit that requires the

use of a monitoring system to measure sorbent injection

rate (e.g., weigh belt, weigh hopper, or hopper flow

measurement device), you must meet the requirements in

paragraphs (l) and (q)(1) through (3) of this section.

(1) Install the system in a position(s) that provides

a representative measurement of the total sorbent injection

rate.

(2) Conduct a performance evaluation of the sorbent

injection rate monitoring system in accordance with your

monitoring plan at the time of each performance test but no

less frequently than annually.

(r) If you elect to use a fabric filter bag leak

detection system to comply with the requirements of this

subpart, you must install, calibrate, maintain, and

continuously operate a bag leak detection system as

specified in paragraphs (l) and (r)(1) through (5) of this

section.

(1) Install a bag leak detection sensor(s) in a

position(s) that will be representative of the relative or

absolute particulate matter loadings for each exhaust

stack, roof vent, or compartment (e.g., for a positive

pressure fabric filter) of the fabric filter.

(2) Use a bag leak detection system certified by the

manufacturer to be capable of detecting particulate matter

emissions at concentrations of 10 milligrams per actual

cubic meter or less.

(3) Conduct a performance evaluation of the bag leak

detection system in accordance with your monitoring plan

and consistent with the guidance provided in EPA–454/R–98–

015 (incorporated by reference, see §60.17).

(4) Use a bag leak detection system equipped with a

device to continuously record the output signal from the

sensor.
153

(5) Use a bag leak detection system equipped with a

system that will sound an alarm when an increase in

relative particulate matter emissions over a preset level

is detected. The alarm must be located where it is

observed readily by plant operating personnel.

(s) For facilities using a continuous emission

monitoring system to demonstrate compliance with the sulfur

dioxide emission limit, compliance with the sulfur dioxide

emission limit may be demonstrated by using the continuous

emission monitoring system specified in §60.2730 to measure

sulfur dioxide and calculating a 30-day rolling average

emission concentration using Equation 19-19 in section

12.4.1 of EPA Reference Method 19 at 40 CFR part 60,

appendix A-7. The sulfur dioxide continuous emission

monitoring system must be operated according to performance

specification 2 in appendix B of this part and must follow

the procedures and methods specified in this paragraph (s).

For sources that have actual inlet emissions less than 100

parts per million dry volume, the relative accuracy

criterion for inlet sulfur dioxide continuous emission

monitoring systems should be no greater than 20 percent of

the mean value of the reference method test data in terms

of the units of the emission standard, or 5 parts per

million dry volume absolute value of the mean difference

between the reference method and the continuous emission

monitoring systems, whichever is greater.

(1) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 2 in appendix B of this part,

collect sulfur dioxide and oxygen (or carbon dioxide) data

concurrently (or within a 30- to 60-minute period) with

both the continuous emission monitors and the test methods

specified in paragraphs (s)(1)(i) and (s)(1)(ii) of this

section.

(i) For sulfur dioxide, EPA Reference Method 6 or 6C,

or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated

by reference, see §60.17) must be used.
154

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10–

1981 (incorporated by reference, see §60.17), as

applicable, must be used.

(2) The span value of the continuous emissions

monitoring system at the inlet to the sulfur dioxide

control device must be 125 percent of the maximum estimated

hourly potential sulfur dioxide emissions of the unit

subject to this rule. The span value of the continuous

emission monitoring system at the outlet of the sulfur

dioxide control device must be 50 percent of the maximum

estimated hourly potential sulfur dioxide emissions of the

unit subject to this rule.

(3) Conduct accuracy determinations quarterly and

calibration drift tests daily in accordance with procedure

1 in appendix F of this part.

(t) For facilities using a continuous emission

monitoring system to demonstrate continuous compliance with

the nitrogen oxides emission limit, compliance with the

nitrogen oxides emission limit may be demonstrated by using

the continuous emission monitoring system specified in

§60.2730 to measure nitrogen oxides and calculating a 30-

day rolling average emission concentration using Equation

19-19 in section 12.4.1 of EPA Reference Method 19 at 40

CFR part 60, appendix A-7. The nitrogen oxides continuous

emission monitoring system must be operated according to

performance specification 2 in appendix B of this part and

must follow the procedures and methods specified in

paragraphs (t)(1) through (t)(5) of this section.

(1) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 2 of appendix B of this part,

collect nitrogen oxides and oxygen (or carbon dioxide) data

concurrently (or within a 30- to 60-minute period) with

both the continuous emission monitoring systems and the

test methods specified in paragraphs (t)(1)(i) and

(t)(1)(ii) of this section.
155

(i) For nitrogen oxides, EPA Reference Method 7 or 7E

at 40 CFR part 60, appendix A-4 must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10–

1981 (incorporated by reference, see §60.17), as

applicable, must be used.

(2) The span value of the continuous emission

monitoring system must be 125 percent of the maximum

estimated hourly potential nitrogen oxide emissions of

unit.

(3) Conduct accuracy determinations quarterly and

calibration drift tests daily in accordance with procedure

1 in appendix F of this part.

(4) The owner or operator of an affected facility may

request that compliance with the nitrogen oxides emission

limit be determined using carbon dioxide measurements

corrected to an equivalent of 7 percent oxygen. If carbon

dioxide is selected for use in diluent corrections, the

relationship between oxygen and carbon dioxide levels must

be established during the initial performance test

according to the procedures and methods specified in

paragraphs (t)(4)(i) through (t)(4)(iv) of this section.

This relationship may be reestablished during performance

compliance tests.

(i) The fuel factor equation in Method 3B must be

used to determine the relationship between oxygen and

carbon dioxide at a sampling location. Method 3A, 3B, or

as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by

reference, see §60.17), as applicable, must be used to

determine the oxygen concentration at the same location as

the carbon dioxide monitor.

(ii) Samples must be taken for at least 30 minutes in

each hour.

(iii) Each sample must represent a 1-hour average.
156

(iv) A minimum of 3 runs must be performed.

(u) For facilities using a continuous emissions

monitoring system to demonstrate continuous compliance with

any of the emission limits of this subpart, you must

complete the following:

(1) Demonstrate compliance with the appropriate

emission limit(s) using a 30-day rolling average,

calculated using Equation 19-19 in section 12.4.1 of EPA

Reference Method 19 at 40 CFR part 60, appendix A-7.

(2) Operate all continuous emissions monitoring

system in accordance with the applicable procedures under

appendices B and F of this part.

(v) Use of the bypass stack at any time is an

emissions standards deviation for particulate matter, HCl,

Pb, Cd, Hg, NOx, SO2, and dioxin/furans.

(w) For energy recovery units with a heat input

capacity of 100 MMBtu per hour or greater that do not use a

carbon monoxide continuous emission monitoring system, you

must operate and maintain the continuous oxygen monitoring

system specified in §60.2730 according to the procedures in

paragraphs (w)(1) through (4) of this section by the

compliance date specified in table 1 of this subpart. The

oxygen level shall be monitored at the outlet of the energy

recovery unit.

(1) Each monitor must be operated and maintained

according to the applicable procedures under performance

specification 3 of appendix B of this part and according to

the site-specific monitoring plan developed according to

paragraph (l) of this section.

(2) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 3 of appendix B of this part,

oxygen data must be collected concurrently (or within a 30-

to 60-minute period) by both the continuous emission

monitor and the test methods specified in paragraphs (w)(3)
157

of this section.

(3) For oxygen, EPA Reference Method 3A or 3B, or as

an alternative ANSI/ASME PTC 19.10–1981 (incorporated by

reference, see §60.17), as applicable, must be used.

(4) You must calculate and record a 30-day rolling

average oxygen concentration using Equation 19-19 in

section 12.4.1 of EPA Reference Method 19 of Appendix A-7

of this part.

§60.2715 By what date must I conduct the annual

performance test?

You must conduct annual performance tests between 11 and

13 months of the previous performance test.

§60.2716 By what date must I conduct the annual air

pollution control device inspection?

On an annual basis (no more than 12 months following

the previous annual air pollution control device

inspection), you must complete the air pollution control

device inspection as described in §60.2706.

§60.2720 May I conduct performance testing less often?

a) You must conduct annual performance tests

according to the schedule specified in §60.2715, with the

following exceptions:

(1) You may conduct a repeat performance test at any

time to establish new values for the operating limits to

apply from that point forward, as specified in §60.2725.

The Administrator may request a repeat performance test at

any time.
158

(2) You must repeat the performance test within 60

days of a process change, as defined in §60.2875.

(3) If the initial or any subsequent performance test

for any pollutant in table 2 or tables 6 through 9 of this

subpart, as applicable, demonstrates that the emission

level for the pollutant is no greater than the emission

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of

this section, as applicable, and you are not required to

conduct a performance test for the pollutant in response to

a request by the Administrator in paragraph (a)(1) of this

section or a process change in paragraph (a)(2) of this

section, you may elect to skip conducting a performance

test for the pollutant for the next 2 years. You must

conduct a performance test for the pollutant during the

third year and no more than 37 months following the

previous performance test for the pollutant. For cadmium

and lead, both cadmium and lead must be emitted at emission

levels no greater than their respective emission levels

specified in paragraph (a)(3)(i) of this section for you to

qualify for less frequent testing under this paragraph.

(i) For particulate matter, hydrogen chloride,

mercury, carbon monoxide, nitrogen oxides, sulfur dioxide,

cadmium, lead, and dioxins/furans, the emission level equal

to 75 percent of the applicable emission limit in table 2

or tables 6 through 9 of this subpart, as applicable, to

this subpart.

(ii) For fugitive emissions, visible emissions (of

combustion ash from the ash conveying system) for 2 percent

of the time during each of the 3 1-hour observation

periods.

(4) If you are conducting less frequent testing for a
159

pollutant as provided in paragraph (a)(3) of this section

and a subsequent performance test for the pollutant

indicates that your CISWI unit does not meet the emission

level specified in paragraph (a)(3)(i) or (a)(3)(ii) of

this section, as applicable, you must conduct annual

performance tests for the pollutant according to the

schedule specified in paragraph (a) of this section until

you qualify for less frequent testing for the pollutant as

specified in paragraph (a)(3) of this section.

§60.2725 May I conduct a repeat performance test to

establish new operating limits?

(a) Yes. You may conduct a repeat performance test at

any time to establish new values for the operating limits.

The Administrator may request a repeat performance test at

any time.

(b) You must repeat the performance test if your feed

stream is different than the feed streams used during any

performance test used to demonstrate compliance.

Model Rule—Monitoring

§60.2730 What monitoring equipment must I install and

what parameters must I monitor?

(a) If you are using a wet scrubber to comply with

the emission limitation under §60.2670, you must install,

calibrate (to manufacturers' specifications), maintain, and

operate devices (or establish methods) for monitoring the

value of the operating parameters used to determine

compliance with the operating limits listed in table 3 of

this subpart. These devices (or methods) must measure and
160

record the values for these operating parameters at the

frequencies indicated in table 3 of this subpart at all

times except as specified in §60.2735(a).

(b) If you use 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 (b)(1) through (8) of

this section.

(1) You must install and operate a bag leak detection

system for each exhaust stack of the fabric filter.

(2) Each bag leak detection system must be installed,

operated, calibrated, and maintained in a manner consistent

with the manufacturer's written specifications and

recommendations.

(3) The bag leak detection system must be certified

by the manufacturer to be capable of detecting particulate

matter emissions at concentrations of 10 milligrams per

actual cubic meter or less.

(4) The bag leak detection system sensor must provide

output of relative or absolute particulate matter loadings.

(5) The bag leak detection system must be equipped

with a device to continuously record the output signal from

the sensor.

(6) The bag leak detection system must be equipped

with an alarm system that will alert automatically an

operator when an increase in relative particulate matter

emissions over a preset level is detected. The alarm must

be located where it is observed easily by plant operating

personnel.
161

(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.

(8) Where multiple detectors are required, the

system’s instrumentation and alarm may be shared among

detectors.

(c) If you are using something other than a wet

scrubber, activated carbon, selective non-catalytic

reduction, or an electrostatic precipitator to comply with

the emission limitations under §60.2670, you must install,

calibrate (to the manufacturers’ specifications), maintain,

and operate the equipment necessary to monitor compliance

with the site-specific operating limits established using

the procedures in §60.2680.

(d) If you use activated carbon injection to comply

with the emission limitations in this subpart, you must

measure the minimum sorbent flow rate once per hour.

(e) If you use selective non-catalytic reduction to

comply with the emission limitations, you must complete the

following:

(1) Following the date on which the initial

performance test is completed or is required to be

completed under §60.2690, whichever date comes first,

ensure that the affected facility does not operate above

the maximum charge rate, or below the minimum secondary

chamber temperature (if applicable to your CISWI unit) or

the minimum reagent flow rate measured as 3-hour block

averages at all times. (2) Operation of the affected

facility above the maximum charge rate, below the minimum

secondary chamber temperature, and below the minimum
162

reagent flow rate simultaneously constitute a violation of

the nitrogen oxides emissions limit.

(f) If you use an electrostatic precipitator to

comply with the emission limits of this subpart, you must

monitor the voltage and amperage of the electrostatic

precipitator collection plates and maintain the 3-hour

block averages at or above the operating limits established

during the mercury or particulate matter performance test.

(g) For waste-burning kilns not equipped with a wet

scrubber, in place of hydrogen chloride testing with EPA

Method 321 at 40 CFR part 63, appendix A, an owner or

operator must install, calibrate, maintain, and operate a

continuous emission monitoring system for monitoring

hydrogen chloride emissions discharged to the atmosphere

and record the output of the system. To demonstrate

continuous compliance with the hydrogen chloride emissions

limit for units other than waste-burning kilns not equipped

with a wet scrubber, a facility may substitute use of a

hydrogen chloride continuous emissions monitoring system

for conducting the hydrogen chloride annual performance

test, monitoring the minimum hydrogen chloride sorbent flow

rate, and monitoring the minimum scrubber liquor pH.

(h) To demonstrate continuous compliance with the

particulate matter emissions limit, a facility may

substitute use of a particulate matter continuous emission

monitoring system for conducting the particulate matter

annual performance test and monitoring the minimum pressure

drop across the wet scrubber, if applicable.

(i) To demonstrate continuous compliance with the

dioxin/furan emissions limit, a facility may substitute use

of a continuous automated sampling system for the

dioxin/furan annual performance test. You must record the

output of the system and analyze the sample according to

EPA Method 23 at 40 CFR part 60, appendix A-7. This option

to use a continuous automated sampling system takes effect

on the date a final performance specification applicable to

dioxin/furan from continuous monitors is published in the

Federal Register. The owner or operator who elects to

continuously sample dioxin/furan emissions instead of
163

sampling and testing using EPA Method 23 at 40 CFR part 60,

appendix A-7 must install, calibrate, maintain and operate

a continuous automated sampling system and must comply with

the requirements specified in §60.58b(p) and (q).

(j) To demonstrate continuous compliance with the

mercury emissions limit, a facility may substitute use of a

continuous automated sampling system for the mercury annual

performance test. You must record the output of the system

and analyze the sample at set intervals using any suitable

determinative technique that can meet performance

specification 12B criteria. This option to use a

continuous automated sampling system takes effect on the

date a final performance specification applicable to

mercury from monitors is published in the Federal Register.

The owner or operator who elects to continuously sample

mercury emissions instead of sampling and testing using EPA

Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM

D6784-02 (Reapproved 2008) (incorporated by reference, see

§60.17), or an approved alternative method for measuring

mercury emissions, must install, calibrate, maintain and

operate a continuous automated sampling system and must

comply with the requirements specified in §60.58b(p) and

(q).

(k) To demonstrate continuous compliance with the

nitrogen oxides emissions limit, a facility may substitute

use of a continuous emission monitoring system for the

nitrogen oxides annual performance test to demonstrate

compliance with the nitrogen oxides emissions limits.

(1) Install, calibrate, maintain and operate a

continuous emission monitoring system for measuring

nitrogen oxides emissions discharged to the atmosphere and

record the output of the system. The requirements under

performance specification 2 of appendix B of this part, the
164

quality assurance procedure 1 of appendix F of this part

and the procedures under §60.13 must be followed for

installation, evaluation and operation of the continuous

emission monitoring system.

(2) Following the date that the initial performance

test for nitrogen oxides is completed or is required to be

completed under §60.2690, compliance with the emission

limit for nitrogen oxides required under §60.52b(d) must be

determined based on the 30-day rolling average of the

hourly emission concentrations using continuous emission

monitoring system outlet data. The 1-hour arithmetic

averages must be expressed in parts per million by volume

(dry basis) and used to calculate the 30-day rolling

average concentrations. The 1-hour arithmetic averages

must be calculated using the data points required under

§60.13(e)(2).

(l) To demonstrate continuous compliance with the

sulfur dioxide emissions limit, a facility may substitute

use of a continuous automated sampling system for the

sulfur dioxide annual performance test to demonstrate

compliance with the sulfur dioxide emissions limits.

(1) Install, calibrate, maintain and operate a

continuous emission monitoring system for measuring sulfur

dioxide emissions discharged to the atmosphere and record

the output of the system. The requirements under

performance specification 2 of appendix B of this part, the

quality assurance requirements of procedure 1 of appendix F

of this part and the procedures under §60.13 must be

followed for installation, evaluation and operation of the

continuous emission monitoring system.

(2) Following the date that the initial performance

test for sulfur dioxide is completed or is required to be
165

completed under §60.2690, compliance with the sulfur

dioxide emission limit may be determined based on the 30-

day rolling average of the hourly arithmetic average

emission concentrations using continuous emission

monitoring system outlet data. The 1-hour arithmetic

averages must be expressed in parts per million corrected

to 7 percent oxygen (dry basis) and used to calculate the

30-day rolling average emission concentrations. The 1-hour

arithmetic averages must be calculated using the data

points required under §60.13(e)(2).

(m) For energy recovery units that do not use a wet

scrubber, fabric filter with bag leak detection system, or

particulate matter continuous emission monitoring system,

you must install, operate, certify and maintain a

continuous opacity monitoring system according to the

procedures in paragraphs (m)(1) through (5) of this section

by the compliance date specified in §60.2670. Energy

recovery units that use a particulate matter continuous

emissions monitoring system to demonstrate initial and

continuing compliance according to the procedures in

§60.2730(n) are not required to install a continuous

opacity monitoring system and must perform the annual

performance tests for opacity consistent with §60.2710(f).

(1) Install, operate and maintain each continuous

opacity monitoring system according to performance

specification 1 at 40 CFR part 60, appendix B.

(2) Conduct a performance evaluation of each

continuous opacity monitoring system according to the

requirements in §60.13 and according to performance

specification 1 at 40 CFR part 60, appendix B.

(3) As specified in §60.13(e)(1), each continuous

opacity monitoring system must complete a minimum of one
166

cycle of sampling and analyzing for each successive 10-

second period and one cycle of data recording for each

successive 6-minute period.

(4) Reduce the continuous opacity monitoring system

data as specified in §60.13(h)(1).

(5) Determine and record all the 6-minute averages

(and 1-hour block averages as applicable) collected.

(n) For energy recovery units with design capacities

greater than 250 MMBtu/hr and waste-burning kilns, in place

of particulate matter testing with EPA Method 5 at 40 CFR

part 60, appendix A-3, an owner or operator must install,

calibrate, maintain and operate a continuous emission

monitoring system for monitoring particulate matter

emissions discharged to the atmosphere and record the

output of the system. The owner or operator of an affected

facility who continuously monitors particulate matter

emissions instead of conducting performance testing using

EPA Method 5 at 40 CFR part 60, appendix A-3 must install,

calibrate, maintain and operate a continuous emission

monitoring system and must comply with the requirements

specified in paragraphs (n)(1) through (n)(14) of this

section.

(1) Notify the Administrator 1 month before starting

use of the system.

(2) Notify the Administrator 1 month before stopping

use of the system.

(3) The monitor must be installed, evaluated and

operated in accordance with the requirements of performance

specification 11 of appendix B of this part and quality

assurance requirements of procedure 2 of appendix F of this

part and §60.13.
167

(4) The initial performance evaluation must be

completed no later than 180 days after the final compliance

date for meeting the amended emission limitations, as

specified under §60.2690 or within 180 days of notification

to the Administrator of use of the continuous monitoring

system if the owner or operator was previously determining

compliance by Method 5 at 40 CFR part 60, appendix A-3

performance tests, whichever is later.

(5) The owner or operator of an affected facility may

request that compliance with the particulate matter

emission limit be determined using carbon dioxide

measurements corrected to an equivalent of 7 percent

oxygen. The relationship between oxygen and carbon dioxide

levels for the affected facility must be established

according to the procedures and methods specified in

§60.2710(s)(5)(i) through (s)(5)(iv).

(6) The owner or operator of an affected facility

must conduct an initial performance test for particulate

matter emissions as required under §60.2690. Compliance

with the particulate matter emission limit must be

determined by using the continuous emission monitoring

system specified in paragraph (n) of this section to

measure particulate matter and calculating a 30-day rolling

average emission concentration using Equation 19-19 in

section 12.4.1 of EPA Reference Method 19 at 40 CFR part

60, appendix A-7 of this part.

(7) Compliance with the particulate matter emission

limit must be determined based on the 30-day rolling

average calculated using Equation 19-19 in section 12.4.1

of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7

of the part from the 1-hour arithmetic average of the

continuous emission monitoring system outlet data.
168

(8) At a minimum, valid continuous monitoring system

hourly averages must be obtained as specified §60.2735.

(9) The 1-hour arithmetic averages required under

paragraph (n)(7) of this section must be expressed in

milligrams per dry standard cubic meter corrected to 7

percent oxygen (or carbon dioxide)(dry basis) and must be

used to calculate the 30-day rolling average emission

concentrations. The 1-hour arithmetic averages must be

calculated using the data points required under

§60.13(e)(2).

(10) All valid continuous emission monitoring system

data must be used in calculating average emission

concentrations even if the minimum continuous emission

monitoring system data requirements of paragraph (n)(8) of

this section are not met.

(11) The continuous emission monitoring system must

be operated according to performance specification 11 in

appendix B of this part.

(12) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 11 in appendix B of this part,

particulate matter and oxygen (or carbon dioxide) data must

be collected concurrently (or within a 30-to 60-minute

period) by both the continuous emission monitors and the

following test methods.

(i) For particulate matter, EPA Reference Method 5 at

40 CFR part 60, appendix A-3 must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3A or 3B at 40 CFR part 60, appendix A-2, as

applicable, must be used.
169

(13) Quarterly accuracy determinations and daily

calibration drift tests must be performed in accordance

with procedure 2 in appendix F of this part.

(14) When particulate matter emissions data are

missing because of continuous emission monitoring system

breakdowns, repairs, calibration checks and zero and span

adjustments, you must collect emissions data by using other

monitoring systems as approved by the Administrator or EPA

Reference Method 19 at 40 CFR part 60, appendix A-7 to

provide, as necessary, valid emissions data for a minimum

of 85 percent of the hours per day, 90 percent of the hours

per calendar quarter, and 95 percent of the hours per

calendar year that the affected facility is operated and

combusting waste.

(o) To demonstrate continuous compliance with the

carbon monoxide emissions limit, a facility may substitute

use of a continuous automated sampling system for the

carbon monoxide annual performance test to demonstrate

compliance with the carbon monoxide emissions limits.

(1) Install, calibrate, maintain, and operate a

continuous emission monitoring system for measuring carbon

monoxide emissions discharged to the atmosphere and record

the output of the system. The requirements under

performance specification 4B of appendix B of this part,

the quality assurance procedure 1 of appendix F of this

part and the procedures under §60.13 must be followed for

installation, evaluation, and operation of the continuous

emission monitoring system.

(2) Following the date that the initial performance

test for carbon monoxide is completed or is required to be

completed under §60.2690, compliance with the carbon

monoxide emission limit may be determined based on the 30-
170

day rolling average of the hourly arithmetic average

emission concentrations using continuous emission

monitoring system outlet data. The 1-hour arithmetic

averages must be expressed in parts per million corrected

to 7 percent oxygen (dry basis) and used to calculate the

30-day rolling average emission concentrations. The 1-hour

arithmetic averages must be calculated using the data

points required under §60.13(e)(2).

(p) The owner/operator of an affected source with a

bypass stack shall install, calibrate (to manufacturers’

specifications), maintain and operate a device or method

for measuring the use of the bypass stack including date,

time and duration.

(q) For energy recovery units with a heat input

capacity of 100 MMBtu per hour or greater that do not use a

carbon monoxide continuous emission monitoring system, you

must install, operate and maintain the continuous oxygen

monitoring system according to the procedures in paragraphs

(q)(1) through (4) of this section by the compliance date

specified in table 1 of this subpart. The oxygen level

shall be monitored at the outlet of the energy recovery

unit.

(1) Each monitor must be installed, operated, and

maintained according to the applicable procedures under

performance specification 3 of appendix B of this part, the

quality assurance procedure 1 of appendix F of this part,

the procedures under §60.13 and according to the sitespecific monitoring plan developed according to paragraph

(l) of this section.

(2) During each relative accuracy test run of the

continuous emission monitoring system required by

performance specification 3 of appendix B of this part,
171

oxygen data must be collected concurrently (or within a 30-

to 60-minute period) by both the continuous emission

monitor and the test methods specified in paragraphs (w)(3)

of this section.

(3) For oxygen, EPA Reference Method 3A or 3B, or as

an alternative ANSI/ASME PTC 19.10–1981 (incorporated by

reference, see §60.17), as applicable, must be used.

(4) You must calculate and record a 30-day rolling

average oxygen concentration using Equation 19-19 in

section 12.4.1 of EPA Reference Method 19 of Appendix A-7

of this part. The 1-hour arithmetic averages must be

calculated using the data points required under

§60.13(e)(2).

§60.2735 Is there a minimum amount of monitoring data I

must obtain?

For each continuous monitoring system required or

optionally allowed under §60.2730, you must monitor and

collect data according to this section:

(a) You must operate the monitoring system and

collect data at all required intervals at all times

compliance is required except for periods of monitoring

system malfunctions or out-of-control periods, repairs

associated with monitoring system malfunctions or out-ofcontrol periods (as specified in §60.2770(o) of this part),

and required monitoring system quality assurance or quality

control activities including, as applicable, calibration

checks and required zero and span adjustments. A

monitoring system malfunction is any sudden, infrequent,

not reasonably preventable failure of the monitoring system

to provide valid data. Monitoring system failures that are

caused in part by poor maintenance or careless operation

are not malfunctions. You are required to effect

monitoring system repairs in response to monitoring system
172

malfunctions or out-of-control periods and to return the

monitoring system to operation as expeditiously as

practicable.

(b) You may not use data recorded during the

monitoring system malfunctions, repairs associated with

monitoring system malfunctions or out-of control periods,

or required monitoring system quality assurance or control

activities in calculations used to report emissions or

operating levels. You must use all the data collected

during all other periods in assessing the operation of the

control device and associated control system.

(c) Except for periods of monitoring system

malfunctions or out-of-control periods, repairs associated

with monitoring system malfunctions or out-of-control

periods, and required monitoring system quality assurance

or quality control activities including, as applicable,

calibration checks and required zero and span adjustments,

failure to collect required data is a deviation of the

monitoring requirements.

§60.2740 What records must I keep?

You must maintain the items (as applicable) as

specified in paragraphs (a), (b), and (e) through (v) of

this section for a period of at least 5 years:

(a) Calendar date of each record.

(b) Records of the data described in paragraphs (b)(1)

through (6) of this section:

(1) The CISWI unit charge dates, times, weights, and

hourly charge rates.

(2) Liquor flow rate to the wet scrubber inlet every

15 minutes of operation, as applicable.
173

(3) Pressure drop across the wet scrubber system every

15 minutes of operation or amperage to the wet scrubber

every 15 minutes of operation, as applicable.

(4) Liquor pH as introduced to the wet scrubber every

15 minutes of operation, as applicable.

(5) For affected CISWI units that establish operating

limits for controls other than wet scrubbers under

§60.2675(d) through (f) or §60.2680, you must maintain data

collected for all operating parameters used to determine

compliance with the operating limits.

(6) If a fabric filter is used to comply with the

emission limitations, you must record the date, time, and

duration of each alarm and the time corrective action was

initiated and completed, and a brief description of the

cause of the alarm and the corrective action taken. You

must also record the percent of operating time during each

6-month period that the alarm sounds, calculated as

specified in §60.2675(c).

(c) [Reserved] (d) [Reserved] (e) Identification of

calendar dates and times for which data show a deviation

from the operating limits in table 3 of this subpart or a

deviation from other operating limits established under

§60.2675(d) through (f) or §60.2680 with a description of

the deviations, reasons for such deviations, and a

description of corrective actions taken.

(f) The results of the initial, annual, and any

subsequent performance tests conducted to determine

compliance with the emission limits and/or to establish

operating limits, as applicable. Retain a copy of the

complete test report including calculations.

(g) Records showing the names of CISWI unit operators
174

who have completed review of the information in §60.2660(a)

as required by §60.2660(b), including the date of the

initial review and all subsequent annual reviews.

(h) Records showing the names of the CISWI operators

who have completed the operator training requirements under

§60.2635, met the criteria for qualification under

§60.2645, and maintained or renewed their qualification

under §60.2650 or §60.2655. Records must include

documentation of training, the dates of the initial and

refresher training, and the dates of their qualification

and all subsequent renewals of such qualifications.

(i) For each qualified operator, the phone and/or

pager number at which they can be reached during operating

hours.

(j) Records of calibration of any monitoring devices

as required under §60.2730.

(k) Equipment vendor specifications and related

operation and maintenance requirements for the incinerator,

emission controls, and monitoring equipment.

(l) The information listed in §60.2660(a).

(m) On a daily basis, keep a log of the quantity of

waste burned and the types of waste burned (always

required).

(n) Maintain records of the annual air pollution

control device inspections that are required for each CISWI

unit subject to the emissions limits in table 2 of this

subpart or tables 6 through 9 of this subpart, any required

maintenance and any repairs not completed within 10 days of

an inspection or the timeframe established by the state

regulatory agency.
175

(o) For continuously monitored pollutants or

parameters, you must document and keep a record of the

following parameters measured using continuous monitoring

systems.

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur

dioxide emissions.

(3) All 1-hour average concentrations of nitrogen

oxides emissions.

(4) All 1-hour average concentrations of carbon

monoxide emissions.

(5) All 1-hour average concentrations of particulate

matter emissions.

(6) All 1-hour average concentrations of mercury

emissions.

(7) All 1-hour average concentrations of hydrogen

chloride emissions.

(p) Records indicating use of the bypass stack,

including dates, times and durations.

(q) If you choose to stack test less frequently than

annually, consistent with §60.2720(a) through (c), you must

keep annual records that document that your emissions in

the previous stack test(s) were less than 75 percent of the

applicable emission limit and document that there was no

change in source operations including fuel composition and

operation of air pollution control equipment that would

cause emissions of the relevant pollutant to increase

within the past year.

(r) Records of the occurrence and duration of each

malfunction of operation (i.e., process equipment) or the

air pollution control and monitoring equipment.
176

(s) Records of all required maintenance performed on

the air pollution control and monitoring equipment.

(t) Records of actions taken during periods of

malfunction to minimize emissions in accordance with

§60.11(d), including corrective actions to restore

malfunctioning process and air pollution control and

monitoring equipment to its normal or usual manner of

operation.

(u) For operating units that burn materials other

than traditional fuels as defined in §241.2, a description

of each material burned, and a record which documents how

each material that is not a traditional fuel meets each of

the legitimacy criteria in §241.3(d). If you combust a

material that has been processed from a discarded nonhazardous secondary material pursuant to §241.3(b)(4), you

must keep records as to how the operations that produced

the material satisfy the definition of processing in

§241.2. If the material received a non-waste determination

pursuant to the petition process submitted under §241.3(c),

you must keep a copy of the non-waste determination granted

by EPA.

(v) For operating units that burn tires, a

certification that the shipments of tires that are nonwaste per 40 CFR 241.3(b)(2)(i), are part of an established

tire collection program, consistent with the definition of

that term in §241.2. The certification must document that

the tires were not discarded and are handled as valuable

commodities in accordance with §241.3(b)(2)(i), from the

point of removal from the automobile through arrival at the

combustion facility. The certification must identify the

entity the tires were received from (for example, the name

of the state or private collection program), the quantity,

volume, or weight of tires received by you, and the dates

received. The certification must be signed by the owner or

operator of the combustion unit, or by a responsible

official of the established tire collection program, and

must include the following certification of compliance,

“The tires from this tire collection program meet the EPA
177

definition of an established tire collection program in

§241” and state the title or position of the person signing

the certification. You must also keep a record that

identifies where on your plant site the tires from each

tire collection program are located, and that accounts for

all tires at the plant site.

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

All records must be available onsite in either paper

copy or computer-readable format that can be printed upon

request, unless an alternative format is approved by the

Administrator.

§60.2750 What reports must I submit?

See table 5 of this subpart for a summary of the

reporting requirements.

§60.2755 When must I submit my waste management plan?

You must submit the waste management plan no later

than the date specified in table 1 of this subpart for

submittal of the final control plan.

§60.2760 What information must I submit following my

initial performance test?

You must submit the information specified in

paragraphs (a) through (c) of this section no later than 60

days following the initial performance test. All reports

must be signed by the facilities manager.

(a) The complete test report for the initial

performance test results obtained under §60.2700, as

applicable.
178

(b) The values for the site-specific operating limits

established in §60.2675 or §60.2680.

(c) If you are using a fabric filter to comply with

the emission limitations, documentation that a bag leak

detection system has been installed and is being operated,

calibrated, and maintained as required by §60.2730(b).

§60.2765 When must I submit my annual report?

You must submit an annual report no later than 12

months following the submission of the information in

§60.2760. You must submit subsequent reports no more than

12 months following the previous report. (If the unit is

subject to permitting requirements under title V of the

Clean Air Act, you may be required by the permit to submit

these reports more frequently.)

§60.2770 What information must I include in my annual

report?

The annual report required under §60.2765 must include

the ten items listed in paragraphs (a) through (j) of this

section. If you have a deviation from the operating limits

or the emission limitations, you must also submit deviation

reports as specified in §§60.2775, 60.2780, and 60.2785.

(a) Company name and address.

(b) Statement by a responsible official, with that

official's name, title, and signature, certifying the

accuracy of the content of the report.

(c) Date of report and beginning and ending dates of

the reporting period.

(d) The values for the operating limits established

pursuant to §60.2675 or §60.2680.
179

(e) If no deviation from any emission limitation or

operating limit that applies to you has been reported, a

statement that there was no deviation from the emission

limitations or operating limits during the reporting

period.

(f) The highest recorded 3-hour average and the

lowest recorded 3-hour average, as applicable, for each

operating parameter recorded for the calendar year being

reported.

(g) Information recorded under §60.2740(b)(6) and (c)

through (e) for the calendar year being reported.

(h) If a performance test was conducted during the

reporting period, the results of that test.

(i) If you met the requirements of §60.2720(a) or

(b), and did not conduct a performance test during the

reporting period, you must state that you met the

requirements of §60.2720(a) or (b), and, therefore, you

were not required to conduct a performance test during the

reporting period.

(j) Documentation of periods when all qualified CISWI

unit operators were unavailable for more than 8 hours, but

less than 2 weeks.

(k) If you had a malfunction during the reporting

period, the compliance report must include the number,

duration, and a brief description for each type of

malfunction that occurred during the reporting period and

that caused or may have caused any applicable emission

limitation to be exceeded. The report must also include a

description of actions taken by an owner or operator during

a malfunction of an affected source to minimize emissions

in accordance with §60.11(d), including actions taken to

correct a malfunction.
180

(l) For each deviation from an emission or operating

limitation that occurs for a CISWI unit for which you are

not using a CMS to comply with the emission or operating

limitations in this subpart, the annual report must contain

the following information.

(1) The total operating time of the CISWI unit at

which the deviation occurred during the reporting period.

(2) Information on the number, duration, and cause of

deviations (including unknown cause, if applicable), as

applicable, and the corrective action taken.

(m) If there were periods during which the continuous

monitoring system, including the continuous emission

monitoring system, was out of control as specified in

paragraph (o) of this section, the annual report must

contain the following information for each deviation from

an emission or operating limitation occurring for a CISWI

unit for which you are using a continuous monitoring system

to comply with the emission and operating limitations in

this subpart.

(1) The date and time that each malfunction started

and stopped.

(2) The date, time, and duration that each CMS was

inoperative, except for zero (low-level) and high-level

checks.

(3) The date, time, and duration that each continuous

monitoring system was out-of-control, including start and

end dates and hours and descriptions of corrective actions

taken.

(4) The date and time that each deviation started and

stopped, and whether each deviation occurred during a

period of malfunction or during another period.

(5) A summary of the total duration of the deviation
181

during the reporting period, and the total duration as a

percent of the total source operating time during that

reporting period.

(6) A breakdown of the total duration of the

deviations during the reporting period into those that are

due to control equipment problems, process problems, other

known causes, and other unknown causes.

(7) A summary of the total duration of continuous

monitoring system downtime during the reporting period, and

the total duration of continuous monitoring system downtime

as a percent of the total operating time of the CISWI unit

at which the continuous monitoring system downtime occurred

during that reporting period.

(8) An identification of each parameter and pollutant

that was monitored at the CISWI unit.

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring

system.

(11) The date of the latest continuous monitoring

system certification or audit.

(12) A description of any changes in continuous

monitoring system, processes, or controls since the last

reporting period.

(n) If there were periods during which the continuous

monitoring system, including the continuous emission

monitoring system, was not out of control as specified in

paragraph (o) of this section, a statement that there were

not periods during which the continuous monitoring system

was out of control during the reporting period.

(o) A continuous monitoring system is out of control

if any of the following occur.
182

(1) The zero (low-level), mid-level (if applicable),

or high-level calibration drift exceeds two times the

applicable calibration drift specification in the

applicable performance specification or in the relevant

standard.

(2) The continuous monitoring system fails a

performance test audit (e.g., cylinder gas audit), relative

accuracy audit, relative accuracy test audit, or linearity

test audit.

(3) The continuous opacity monitoring system

calibration drift exceeds two times the limit in the

applicable performance specification in the relevant

standard.

§60.2775 What else must I report if I have a deviation

from the operating limits or the emission limitations?

(a) You must submit a deviation report if any

recorded 3-hour average parameter level is above the

maximum operating limit or below the minimum operating

limit established under this subpart, if the bag leak

detection system alarm sounds for more than 5 percent of

the operating time for the 6-month reporting period, or if

a performance test was conducted that deviated from any

emission limitation.

(b) The deviation report must be submitted by August

1 of that year for data collected during the first half of

the calendar year (January 1 to June 30), and by February 1

of the following year for data you collected during the

second half of the calendar year (July 1 to December 31).

§60.2780 What must I include in the deviation report?

In each report required under §60.2775, for any

pollutant or parameter that deviated from the emission

limitations or operating limits specified in this subpart,
183

include the six items described in paragraphs (a) through

(f) of this section.

(a) The calendar dates and times your unit deviated

from the emission limitations or operating limit

requirements.

(b) The averaged and recorded data for those dates.

(c) Duration and causes of the following:

(1) Each deviation from emission limitations or

operating limits and your corrective actions.

(2) Bypass events and your corrective actions.

(d) A copy of the operating limit monitoring data

during each deviation and any test report that documents

the emission levels.

§60.2785 What else must I report if I have a deviation

from the requirement to have a qualified operator

accessible?

(a) If all qualified operators are not accessible for

2 weeks or more, you must take the two actions in

paragraphs (a)(1) and (2) of this section.

(1) Submit a notification of the deviation within 10

days that includes the three items in paragraphs (a)(1)(i)

through (iii) of this section.

(i) A statement of what caused the deviation.

(ii) A description of what you are doing to ensure

that a qualified operator is accessible.

(iii) The date when you anticipate that a qualified
184

operator will be available.

(2) Submit a status report to the Administrator every

4 weeks that includes the three items in paragraphs

(a)(2)(i) through (iii) of this section.

(i) A description of what you are doing to ensure

that a qualified operator is accessible.

(ii) The date when you anticipate that a qualified

operator will be accessible.

(iii) Request approval from the Administrator to

continue operation of the CISWI unit.

(b) If your unit was shut down by the Administrator,

under the provisions of §60.2665(b)(2), due to a failure to

provide an accessible qualified operator, you must notify

the Administrator that you are resuming operation once a

qualified operator is accessible.

§60.2790 Are there any other notifications or reports

that I must submit?

(a) Yes. You must submit notifications as provided by

§60.7.

(b) If you cease combusting solid waste but continue

to operate, you must provide 30 days prior notice of the

effective date of the waste-to-fuel switch, consistent with

§60.2710(a). The notification must identify:

(i) The name of the owner or operator of the CISWI

unit, the location of the source, the emissions unit(s)

that will cease burning solid waste, and the date of the

notice;
185

(ii) The currently applicable subcategory under this

subpart, and any 40 CFR part 63 subpart and subcategory

that will be applicable after you cease combusting solid

waste;

(iii) The fuel(s), non-waste material(s) and solid

waste(s) the CISWI unit is currently combusting and has

combusted over the past 6 months, and the fuel(s) or nonwaste materials the unit will commence combusting;

(iv) The date on which you became subject to the

currently applicable emission limits;

(v) The date upon which you will cease combusting

solid waste, and the date (if different) that you intend

for any new requirements to become applicable (i.e., the

effective date of the waste-to-fuel switch), consistent

with (2) and (3) above.

§60.2795 In what form can I submit my reports?

(a) Submit initial, annual and deviation reports

electronically or in paper format, postmarked on or before

the submittal due dates.

(b) After December 31, 2011, within 60 days after the

date of completing each performance evaluation or

performance test, as they are defined in §63.2, conducted

to demonstrate compliance with this subpart, the owner or

operator of the affected facility must submit the relative

accuracy test audit data and performance test data, except

opacity data, to EPA by successfully submitting the data

electronically to EPA’s Central Data Exchange (CDX) by
186

using the Electronic Reporting Tool (ERT) (see

http://www.epa.gov/ttn/chief/ert/ert_tool.html/).

§60.2800 Can reporting dates be changed?

If the Administrator agrees, you may change the

semiannual or annual reporting dates. See §60.19(c) for

procedures to seek approval to change your reporting date.

Model Rule—Title V Operating Permits

§60.2805 Am I required to apply for and obtain a title V

operating permit for my unit?

Yes. Each CISWI unit and air curtain incinerator

subject to standards under this subpart must operate

pursuant to a permit issued under Clean Air Act sections

129(e) and Title V.

Model Rule—Air Curtain Incinerators

§60.2810 What is an air curtain incinerator?

(a) An air curtain incinerator operates by forcefully

projecting a curtain of air across an open chamber or open

pit in which combustion occurs. Incinerators of this type

can be constructed above or below ground and with or

without refractory walls and floor. (Air curtain

incinerators are not to be confused with conventional

combustion devices with enclosed fireboxes and controlled

air technology such as mass burn, modular, and fluidized

bed combustors.)

(b) Air curtain incinerators that burn only the

materials listed in paragraphs (b)(1) through (3) of this

section are only required to meet the requirements under

“Air Curtain Incinerators” (§§60.2810 through 60.2870).
187

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean

lumber, and/or yard waste.

§60.2815 What are my requirements for meeting increments

of progress and achieving final compliance?

If you plan to achieve compliance more than 1 year

following the effective date of State plan approval, you

must meet the two increments of progress specified in

paragraphs (a) and (b) of this section.

(a) Submit a final control plan.

(b) Achieve final compliance.

§60.2820 When must I complete each increment of progress?

Table 1 of this subpart specifies compliance dates for

each of the increments of progress.

§60.2825 What must I include in the notifications of

achievement of increments of progress?

Your notification of achievement of increments of

progress must include the three items described in

paragraphs (a) through (c) of this section.

(a) Notification that the increment of progress has

been achieved.

(b) Any items required to be submitted with each

increment of progress (see §60.2840).

(c) Signature of the owner or operator of the
188

incinerator.

§60.2830 When must I submit the notifications of

achievement of increments of progress?

Notifications for achieving increments of progress

must be postmarked no later than 10 business days after the

compliance date for the increment.

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

If you fail to meet an increment of progress, you must

submit a notification to the Administrator postmarked

within 10 business days after the date for that increment

of progress in table 1 of this subpart. You must inform the

Administrator that you did not meet the increment, and you

must continue to submit reports each subsequent calendar

month until the increment of progress is met.

§60.2840 How do I comply with the increment of progress

for submittal of a control plan?

For your control plan increment of progress, you must

satisfy the two requirements specified in paragraphs (a)

and (b) of this section.

(a) Submit the final control plan, including a

description of any devices for air pollution control and

any process changes that you will use to comply with the

emission limitations and other requirements of this

subpart.

(b) Maintain an onsite copy of the final control

plan.

§60.2845 How do I comply with the increment of progress

for achieving final compliance?
189

For the final compliance increment of progress, you

must complete all process changes and retrofit construction

of control devices, as specified in the final control plan,

so that, if the affected incinerator is brought online, all

necessary process changes and air pollution control devices

would operate as designed.

§60.2850 What must I do if I close my air curtain

incinerator and then restart it?

(a) If you close your incinerator but will reopen it

prior to the final compliance date in your State plan, you

must meet the increments of progress specified in §60.2815.

(b) If you close your incinerator but will restart it

after your final compliance date, you must complete

emission control retrofits and meet the emission

limitations on the date your incinerator restarts

operation.

§60.2855 What must I do if I plan to permanently close my

air curtain incinerator and not restart it?

If you plan to close your incinerator rather than

comply with the State plan, submit a closure notification,

including the date of closure, to the Administrator by the

date your final control plan is due.

§60.2860 What are the emission limitations for air

curtain incinerators?

After the date the initial stack test is required or

completed (whichever is earlier), you must meet the

limitations in paragraphs (a) and (b) of this section.

(a) Maintain opacity to less than or equal to 10

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity
190

values), except as described in paragraph (b) of this

section.

(b) Maintain opacity to less than or equal to 35

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity

values) during the startup period that is within the first

30 minutes of operation.

§60.2865 How must I monitor opacity for air curtain

incinerators?

(a) Use Method 9 of appendix A of this part to

determine compliance with the opacity limitation.

(b) Conduct an initial test for opacity as specified

in §60.8 no later than 180 days after your final compliance

date.

(c) After the initial test for opacity, conduct

annual tests no more than 12 calendar months following the

date of your previous test.

§60.2870 What are the recordkeeping and reporting

requirements for air curtain incinerators?

(a) Keep records of results of all initial and annual

opacity tests onsite in either paper copy or electronic

format, unless the Administrator approves another format,

for at least 5 years.

(b) Make all records available for submittal to the

Administrator or for an inspector's onsite review.

(c) Submit an initial report no later than 60 days

following the initial opacity test that includes the

information specified in paragraphs (c) (1) and (2) of this

section.
191

(1) The types of materials you plan to combust in your

air curtain incinerator.

(2) The results (as determined by the average of

three 1-hour blocks consisting of ten 6-minute average

opacity values) of the initial opacity tests.

(d) Submit annual opacity test results within 12

months following the previous report.

(e) Submit initial and annual opacity test reports as

electronic or paper copy on or before the applicable

submittal date and keep a copy onsite for a period of 5

years.

Model Rule—Definitions

§60.2875 What definitions must I know?

Terms used but not defined in this subpart are defined

in the Clean Air Act and subparts A and B of this part.

Administrator means the Administrator of the U.S.

Environmental Protection Agency or his/her authorized

representative or Administrator of a State Air Pollution

Control Agency.

Affirmative defense means, in the context of an

enforcement proceeding, a response or defense put forward

by a defendant, regarding which the defendant has the

burden of proof, and the merits of which are independently

and objectively evaluated in a judicial or administrative

proceeding.

Air curtain incinerator means an incinerator that

operates by forcefully projecting a curtain of air across

an open chamber or pit in which combustion occurs.
192

Incinerators of this type can be constructed above or below

ground and with or without refractory walls and floor. (Air

curtain incinerators are not to be confused with

conventional combustion devices with enclosed fireboxes and

controlled air technology such as mass burn, modular, and

fluidized bed combustors.)

Auxiliary fuel means natural gas, liquified petroleum

gas, fuel oil, or diesel fuel.

Bag leak detection system means an instrument that is

capable of monitoring particulate matter loadings in the

exhaust of a fabric filter (i.e., baghouse) in order to

detect bag failures. A bag leak detection system includes,

but is not limited to, an instrument that operates on

triboelectric, light scattering, light transmittance, or

other principle to monitor relative particulate matter

loadings.

Burn-off oven means any rack reclamation unit, part

reclamation unit, or drum reclamation unit. A burn-off oven

is not an incinerator, waste-burning kiln, an energy

recovery unit or a small, remote incinerator under this

subpart.

Bypass stack means a device used for discharging

combustion gases to avoid severe damage to the air

pollution control device or other equipment.

Calendar quarter means three consecutive months

(nonoverlapping) beginning on: January 1, April 1, July 1,

or October 1.

Calendar year means 365 consecutive days starting on

January 1 and ending on December 31.Chemical recovery unit

means combustion units burning materials to recover

chemical constituents or to produce chemical compounds
193

where there is an existing commercial market for such

recovered chemical constituents or compounds. The

following seven types of units are considered chemical

recovery units:

(1) Units burning only pulping liquors (i.e., black liquor)

that are reclaimed in a pulping liquor recovery process and

reused in the pulping process.

(2) Units burning only spent sulfuric acid used to produce

virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the

production of charcoal.

(4) Units burning only manufacturing byproduct

streams/residue containing catalyst metals that are

reclaimed and reused as catalysts or used to produce

commercial grade catalysts.

(5) Units burning only coke to produce purified carbon

monoxide that is used as an intermediate in the production

of other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids to

produce hydrogen, carbon monoxide, synthesis gas, or other

gases for use in other manufacturing processes.

(7) Units burning only photographic film to recover

silver.

Chemotherapeutic waste means waste material resulting

from the production or use of antineoplastic agents used

for the purpose of stopping or reversing the growth of

malignant cells.

Clean lumber means wood or wood products that have

been cut or shaped and include wet, air-dried, and kiln-
194

dried wood products. Clean lumber does not include wood

products that have been painted, pigment-stained, or

pressure-treated by compounds such as chromate copper

arsenate, pentachlorophenol, and creosote.

Commercial and industrial solid waste incineration

(CISWI) unit means any distinct operating unit of any

commercial or industrial facility that combusts, or has

combusted in the preceding 6 months, any solid waste as

that term is defined in 40 CFR part 241. If the operating

unit burns materials other than traditional fuels as

defined in §241.2 that have been discarded, and you do not

keep and produce records as required by §60.2740(u), the

material is a solid waste and the operating unit is a CISWI

unit. While not all CISWI units will include all of the

following components, a CISWI unit includes, but is not

limited to, the solid waste feed system, grate system, flue

gas system, waste heat recovery equipment, if any, and

bottom ash system. The CISWI unit does not include air

pollution control equipment or the stack. The CISWI unit

boundary starts at the solid waste hopper (if applicable)

and extends through two areas: the combustion unit flue gas

system, which ends immediately after the last combustion

chamber or after the waste heat recovery equipment, if any;

and the combustion unit bottom ash system, which ends at

the truck loading station or similar equipment that

transfers the ash to final disposal. The CISWI unit

includes all ash handling systems connected to the bottom

ash handling system. Continuous monitoring system (CMS)

means the total equipment, required under the emission

monitoring sections in applicable subparts, used to sample

and condition (if applicable), to analyze, and to provide a

permanent record of emissions or process

parameters.Cyclonic barrel burner means a combustion device

for waste materials that is attached to a 55 gallon, openhead drum. The device consists of a lid, which fits onto
195

and encloses the drum, and a blower that forces combustion

air into the drum in a cyclonic manner to enhance the

mixing of waste material and air. A cyclonic burn barrel is

not an incinerator, waste-burning kiln, an energy recovery

unit or a small, remote incinerator under this subpart.

Deviation means any instance in which an affected

source subject to this subpart, or an owner or operator of

such a source:

(1) Fails to meet any requirement or obligation

established by this subpart, including but not limited to

any emission limitation, operating limit, or operator

qualification and accessibility requirements.

(2) Fails to meet any term or condition that is

adopted to implement an applicable requirement in this

subpart and that is included in the operating permit for

any affected source required to obtain such a permit.

Dioxins/furans means tetra-through octa-chlorinated

dibenzo-p-dioxins and dibenzofurans.

Discard means, for purposes of this subpart and 40 CFR

part 60, subpart DDDD, only, burned in an incineration unit

without energy recovery.

Drum reclamation unit means a unit that burns residues

out of drums (e.g., 55 gallon drums) so that the drums can

be reused.

Energy recovery means the process of recovering

thermal energy from combustion for useful purposes such as

steam generation or process heating.

Energy recovery unit means a combustion unit

combusting solid waste (as that term is defined by the

Adminitrator under Resource Conservation and Recovery Act
196

in 40 CFR 240) for energy recovery. Energy recovery units

include units that would be considered boilers and process

heaters if they did not combust solid waste.

Energy recovery unit designed to burn biomass

(Biomass) means an energy recovery unit that burns solid

waste and at least 10 percent biomass, but less than 10

percent coal, on a heat input basis on an annual average,

either alone or in combination with liquid waste, liquid

fuel or gaseous fuels.

Energy recovery unit designed to burn coal (Coal)

means an energy recovery unit that burns solid waste and at

least 10 percent coal on a heat input basis on an annual

average, either alone or in combination with liquid waste,

liquid fuel or gaseous fuels.

Energy recovery unit designed to burn liquid waste

material and gas (Liquid/gas) means an energy recovery unit

that burns a liquid waste with liquid or gaseous fuels not

combined with any solid fuel or waste materials.

Energy recovery unit designed to burn solid materials

(Solids) includes energy recovery units designed to burn

coal and energy recovery units designed to burn biomass.

Fabric filter means an add-on air pollution control

device used to capture particulate matter by filtering gas

streams through filter media, also known as a baghouse.

Homogeneous wastes are stable, consistent in

formulation, have known fuel properties, have a defined

origin, have predictable chemical and physical attributes,

and result in consistent combustion characteristics and

have a consistent emissions profile.

Incinerator means any furnace used in the process of

combusting solid waste (as the term is defined by the

Administrator under Resource Conservation and Recovery Act
197

in 40 CFR 240) for the purpose of reducing the volume of

the waste by removing combustible matter. Incinerator

designs include single chamber and two-chamber.

Kiln means an oven or furnace, including any

associated preheater or precalciner devices, used for

processing a substance by burning, firing or drying. Kilns

include cement kilns that produce clinker by heating

limestone and other materials for subsequent production of

Portland Cement.

Laboratory analysis unit means units that burn samples

of materials for the purpose of chemical or physical

analysis. A laboratory analysis unit is not an incinerator,

waste-burning kiln, an energy recovery unit or a small,

remote incinerator under this subpart.

Low-level radioactive waste means waste material which

contains radioactive nuclides emitting primarily beta or

gamma radiation, or both, in concentrations or quantities

that exceed applicable Federal or State standards for

unrestricted release. Low-level radioactive waste is not

high-level radioactive waste, spent nuclear fuel, or byproduct material as defined by the Atomic Energy Act of

1954 (42 U.S.C. 2014(e)(2)).

Malfunction means any sudden, infrequent, and not

reasonably preventable failure of air pollution control

equipment, process equipment, or a process to operate in a

normal or usual manner. Failures that are caused, in part,

by poor maintenance or careless operation are not

malfunctions.

Minimum voltage or amperage means 90 percent of the

lowest test-run average voltage or amperage to the

electrostatic precipitator measured from the pressure drop

and liquid flow rate monitors during the most recent

particulate matter or mercury performance test

demonstrating compliance with the applicable emission

limits.
198

Modification or modified CISWI unit means a CISWI unit

that has been changed later than June 1, 2001, and that

meets one of two criteria:

(1) The cumulative cost of the changes over the life

of the unit exceeds 50 percent of the original cost of

building and installing the CISWI unit (not including the

cost of land) updated to current costs (current dollars).

To determine what systems are within the boundary of the

CISWI unit used to calculate these costs, see the

definition of CISWI unit.

(2) Any physical change in the CISWI unit or change

in the method of operating it that increases the amount of

any air pollutant emitted for which Clean Air Act section

129 or section 111 has established standards.

Opacity means the degree to which emissions reduce the

transmission of light and obscure the view of an object in

the background.

Operating day means a 24-hour period between 12:00

midnight and the following midnight during which any amount

of solid waste is combusted at any time in the CISWI unit.

Part reclamation unit means a unit that burns coatings

off parts (e.g., tools, equipment) so that the parts can be

reconditioned and reused.

Particulate matter means total particulate matter

emitted from CISWI units as measured by Method 5 or Method

29 of appendix A of this part.

Pathological waste means waste material consisting of

only human or animal remains, anatomical parts, and/or

tissue, the bags/containers used to collect and transport

the waste material, and animal bedding (if applicable).

Performance evaluation means the conduct of relative
199

accuracy testing, calibration error testing, and other

measurements used in validating the continuous monitoring

system data.

Performance test means the collection of data

resulting from the execution of a test method (usually

three emission test runs) used to demonstrate compliance

with a relevant emission standard as specified in the

performance test section of the relevant standard.

Process change means a significant permit revision,

but only with respect to those pollutant-specific emission

units for which the proposed permit revision is applicable,

including but not limited to a change in the air pollution

control devices used to comply with the emission limits for

the affected CISWI unit (e.g., change in the sorbent used

for activated carbon injection).

Rack reclamation unit means a unit that burns the

coatings off racks used to hold small items for application

of a coating. The unit burns the coating overspray off the

rack so the rack can be reused.

Raw mill means a ball and tube mill, vertical roller

mill or other size reduction equipment, that is not part of

an in-line kiln/raw mill, used to grind feed to the

appropriate size. Moisture may be added or removed from

the feed during the grinding operation. If the raw mill is

used to remove moisture from feed materials, it is also, by

definition, a raw material dryer. The raw mill also

includes the air separator associated with the raw mill.

Reconstruction means rebuilding a CISWI unit and

meeting two criteria:

(1) The reconstruction begins on or after June 1,

2001.

(2) The cumulative cost of the construction over the
200

life of the incineration unit exceeds 50 percent of the

original cost of building and installing the CISWI unit

(not including land) updated to current costs (current

dollars). To determine what systems are within the boundary

of the CISWI unit used to calculate these costs, see the

definition of CISWI unit.

Refuse-derived fuel means a type of municipal solid

waste produced by processing municipal solid waste through

shredding and size classification. This includes all

classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through

densified refuse-derived fuel.

(2) Pelletized refuse-derived fuel.

Shutdown means the period of time after all waste has

been combusted in the primary chamber.

Small, remote incinerator means an incinerator that

combusts solid waste (as that term is defined by the

Administrator under RCRA in 40 CFR 240) and combusts 3 tons

per day or less solid waste and is more than 25 miles

driving distance to the nearest municipal solid waste

landfill.

Soil treatment unit means a unit that thermally treats

petroleum–contaminated soils for the sole purpose of site

remediation. A soil treatement unit may be direct-fired or

indirect fired. A soil treatment unit is not an

incinerator, waste-burning kiln, an energy recovery unit or

a small, remote incinerator under this subpart.

Solid waste incineration unit means a distinct

operating unit of any facility which combusts any solid (as

that term is defined by the Administrator under the

Resource Conservation and Recovery Act in 40 CFR part 240)

waste material from commercial or industrial establishments

or the general public (including single and multiple
201

residences, hotels and motels). Such term does not include

incinerators or other units required to have a permit under

section 3005 of the Solid Waste Disposal Act. The term

"solid waste incineration unit" does not include (A)

materials recovery facilities (including primary or

secondary smelters) which combust waste for the primary

purpose of recovering metals, (B) qualifying small power

production facilities, as defined in section 3(17)(C) of

the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying

cogeneration facilities, as defined in section 3(18)(B) of

the Federal Power Act (16 U.S.C. 796(18)(B)), which burn

homogeneous waste (such as units which burn tires or used

oil, but not including refuse-derived fuel) for the

production of electric energy or in the case of qualifying

cogeneration facilities which burn homogeneous waste for

the production of electric energy and steam or forms of

useful energy (such as heat) which are used for industrial,

commercial, heating or cooling purposes, or (C) air curtain

incinerators provided that such incinerators only burn wood

wastes, yard wastes and clean lumber and that such air

curtain incinerators comply with opacity limitations to be

established by the Administrator by rule.

Space heater means a usually portable appliance for

heating a relatively small area.

Standard conditions, when referring to units of

measure, means a temperature of 68 °F (20 °C) and a

pressure of 1 atmosphere (101.3 kilopascals).

Startup period means the period of time between the

activation of the system and the first charge to the unit.

Waste-burning kiln means a kiln that is heated, in

whole or in part, by combusting solid waste (as the term is

defined by the Administrator under the Resource

Conservation and Recovery Act pursuant to 40 CFR 240).

Wet scrubber means an add-on air pollution control
202

device that uses an aqueous or alkaline scrubbing liquor to

collect particulate matter (including nonvaporous metals

and condensed organics) and/or to absorb and neutralize

acid gases.

Wood waste means untreated wood and untreated wood

products, including tree stumps (whole or chipped), trees,

tree limbs (whole or chipped), bark, sawdust, chips,

scraps, slabs, millings, and shavings. Wood waste does not

include:

(1) Grass, grass clippings, bushes, shrubs, and

clippings from bushes and shrubs from residential,

commercial/retail, institutional, or industrial sources as

part of maintaining yards or other private or public lands.

(2) Construction, renovation, or demolition wastes.

(3) Clean lumber.

Table 1 to Subpart DDDD of Part 60—Model Rule—Increments of

Progress and Compliance Schedules

Comply with these increments

of progress By these datesa

Increment 1—Submit final

control plan

(Dates to be specified in

state plan)

Increment 2—Final compliance (Dates to be specified in

state plan)b

aSite-specific schedules can be used at the discretion of

the state.

bThe date can be no later than 3 years after the effective

date of state plan approval or December 1, 2005 for CISWI

units that commenced construction on or before November 30,

1999. The date can be no later than 3 years after the

effective date of approval of a revised state plan or
203

[INSERT THE DATE 5 YEARS AFTER THE DATE OF PUBLICATION OF

THE FINAL RULE IN THE FEDERAL REGISTER] for CISWI units

that commenced construction on or before June 4, 2010.

Table 2 to Subpart DDDD of Part 60—Model Rule—Emission

Limitations That Apply Before [Date to be specified in

state plan]b.

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance using

this method

Cadmium 0.004

milligrams

per dry

standard

cubic meter

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 29 of

appendix A of

this part)

Carbon

monoxide

157 parts

per million

by dry

volume

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 10, 10A,

or 10B, of

appendix A of

this part)

Dioxins/furans

(toxic

equivalency

basis)

0.41

nanograms

per dry

standard

cubic meter

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 23 of

appendix A of

this part)

Hydrogen

chloride

62 parts

per million

by dry

volume

3-run average

(For Method

26, collect a

minimum volume

of 60 liters

per run. For

Performance test

(Method 26 or 26A

at 40 CFR part

60, appendix A-8)
204

Method 26A,

collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Lead 0.04

milligrams

per dry

standard

cubic meter

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 29 of

appendix A of

this part)

Mercury 0.47

milligrams

per dry

standard

cubic meter

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 29 or 30B

at 40 CFR part

60, appendix A-8)

or ASTM D6784-02

(Reapproved

2008)c

Opacity 10 percent Three 1-hour

blocks

consisting of

ten 6-minute

average

opacity values

Performance test

(Method 9 at 40

CFR part 60,

appendix A-4)

Oxides of

nitrogen

388 parts

per million

by dry

volume

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Methods 7or 7E

at 40 CFR part

60, appendix A4). Use a span

gas with a

concentration of

800 ppm or less.
205

Particulate

matter

70

milligrams

per dry

standard

cubic meter

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 5 or 29

of appendix A of

this part)

Sulfur dioxide 20 parts

per million

by dry

volume

3-run average

(1 hour

minimum sample

time per run)

Performance test

(Method 6 or 6c

of appendix A of

this part)

aAll emission limitations (except for opacity) are measured

at 7 percent oxygen, dry basis at standard conditions.

bThe date specified in the state plan can be no later than

3 years after the effective date of approval of a revised

state plan or [INSERT THE DATE 5 YEARS AFTER PUBLICATION OF

THE FINAL RULE IN THE FEDERAL REGISTER].

c Incorporated by reference, see §60.17.

Table 3 to Subpart DDDD of Part 60—Model Rule—Operating

Limits for Wet Scrubbers

For these

operating

parameters

You must

establish

these

operating

limits

And monitor using these minimum

frequencies

Data

measurement

Data

recording Averaging time

Charge rate Maximum

charge

rate

Continuous Every

hour

Daily (batch

units). 3-hour

rolling

(continuous and

intermittent

units)a

Pressure

drop across

the wet

Minimum

pressure

drop or

Continuous Every 15

minutes

3-hour rollinga
206

scrubber or

amperage to

wet scrubber

amperage

Scrubber

liquor flow

rate

Minimum

flow rate

Continuous Every 15

minutes

3-hour rollinga

Scrubber

liquor pH

Minimum pH Continuous Every 15

minutes

3-hour rollinga

aCalculated each hour as the average of the previous 3

operating hours.

Table 4 to Subpart DDDD of Part 60—Model Rule—Toxic

Equivalency Factors

Dioxin/furan isomer

Toxic equivalency

factor

2,3,7,8-tetrachlorinated dibenzo-pdioxin1

1,2,3,7,8-pentachlorinated dibenzo-pdioxin0.5

1,2,3,4,7,8-hexachlorinated dibenzo-pdioxin0.1

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin0.1

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin0.1

1,2,3,4,6,7,8-heptachlorinated

dibenzo-p-dioxin

0.01

octachlorinated dibenzo-p-dioxin 0.001
207

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated

dibenzofuran

0.5

1,2,3,7,8-pentachlorinated

dibenzofuran

0.05

1,2,3,4,7,8-hexachlorinated

dibenzofuran

0.1

1,2,3,6,7,8-hexachlorinated

dibenzofuran

0.1

1,2,3,7,8,9-hexachlorinated

dibenzofuran

0.1

2,3,4,6,7,8-hexachlorinated

dibenzofuran

0.1

1,2,3,4,6,7,8-heptachlorinated

dibenzofuran

0.01

1,2,3,4,7,8,9-heptachlorinated

dibenzofuran

0.01

octachlorinated dibenzofuran 0.001

Table 5 to Subpart DDDD of Part 60—Model Rule—Summary of

Reporting Requirementsa

Report Due date Contents Reference

Waste

Management

Plan

No later than

the date

specified in

table 1 for

submittal of

the final

control plan

• Waste

management plan

§60.2755.
208

Initial Test

Report

No later than

60 days

following the

initial

performance

test

• Complete test

report for the

initial

performance test

• The values for

the site-specific

operating limits

• Installation of

bag leak

detection systems

for fabric

filters

§60.2760.

Annual

Report

No later than

12 months

following the

submission of

the initial

test report.

Subsequent

reports are

to be

submitted no

more than 12

months

following the

previous

report

• Name and

address

• Statement and

signature by

responsible

official

• Date of report

• Values for the

operating limits

• Highest

recorded 3-hour

average and the

lowest 3-hour

average, as

applicable, for

each operating

parameter

recorded for the

calendar year

being reported

• If a

§§60.2765 and

60.2770.
209

performance test

was conducted

during the

reporting period,

the results of

the test

• If a

performance test

was not conducted

during the

reporting period,

a statement that

the requirements

of §60.2720(a) or

(b) were met

• Documentation

of periods when

all qualified

CISWI unit

operators were

unavailable for

more than 8 hours

but less than 2

weeks

• If you are

conducting

performance tests

once every 3

years consistent

with §60.2720(a),

the date of the

last 2

performance

tests, a

comparison of the
210

emission level

you achieved in

the last 2

performance tests

to the 75 percent

emission limit

threshold

required in

§60.2720(a) and a

statement as to

whether there

have been any

operational

changes since the

last performance

test that could

increase

emissions.

Emission

limitation

or operating

limit

deviation

report

By August 1

of that year

for data

collected

during the

first half of

the calendar

year. By

February 1 of

the following

year for data

collected

during the

second half

of the

calendar year

• Dates and times

of deviation

• Averaged and

recorded data for

those dates

• Duration and

causes of each

deviation and the

corrective

actions taken

• Copy of

operating limit

monitoring data

and any test

reports

• Dates, times,

§§60.2775 and

60.2780.
211

and causes for

monitor downtime

incidents

Qualified

Operator

Deviation

Notification

Within 10

days of

deviation

• Statement of

cause of

deviation

• Description of

efforts to have

an accessible

qualified

operator

• The date a

qualified

operator will be

accessible

§60.2785(a)(1).

Qualified

Operator

Deviation

Status

Report

Every 4 weeks

following

deviation

• Description of

efforts to have

an accessible

qualified

operator

• The date a

qualified

operator will be

accessible

• Request for

approval to

continue

operation

§60.2785(a)(2).

Qualified

Operator

Deviation

Notification

of Resumed

Prior to

resuming

operation

• Notification

that you are

resuming

operation

§60.2785(b)
212

Operation

a This table is only a summary, see the referenced sections

of the rule for the complete requirements.

Table 6 to Subpart DDDD of Part 60—Model Rule—Emission

Limitations That Apply To Incinerators On and After [Date

to be specified in state plan]a

For the air

pollutant

You must

meet this

emission

limitationb

Using this

averaging time

And determining

compliance using

this method

Cadmium 0.0026

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 2 dry

standard cubic

meters)

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).

Use ICPMS for the

analytical

finish.

Carbon

monoxide

36 parts per

million dry

volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 10 at 40

CFR part 60,

appendix A-4).

Use a maximum

allowable drift

of 0.2 ppm and a

span gas with a

CO concentration

of 75 ppm or

less. The span

gas must contain

approximately the

same
213

For the air

pollutant

You must

meet this

emission

limitationb

Using this

averaging time

And determining

compliance using

this method

concentration of

CO2 expected from

the source.

Dioxins/furans

(total mass

basis)

4.6

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 2 dry

standard cubic

meters)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Dioxins/furans

(toxic

equivalency

basis)

0.13

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 2 dry

standard cubic

meters)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Hydrogen

chloride

29 parts per

million dry

volume

3-run average

(For Method 26,

collect a

minimum volume

of 60 liters

per run. For

Method 26A,

collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Performance test

(Method 26 or 26A

at 40 CFR part

60, appendix A8).

Lead 0.0036

milligrams

3-run average

(collect a

Performance test

(Method 29 at 40
214

For the air

pollutant

You must

meet this

emission

limitationb

Using this

averaging time

And determining

compliance using

this method

per dry

standard

cubic meter

minimum volume

of 2 dry

standard cubic

meters)

CFR part 60,

appendix A-8).

Use ICPMS for the

analytical

finish.

Mercury 0.0054

milligrams

per dry

standard

cubic meter

3-run average

(For Method 29

an ASTM D6784-

02 (Reapproved

2008)b, collect

a minimum

volume of 2 dry

standard cubic

meters per run.

For Method 30B,

collect a

minimum sample

as specified in

Method 30B at

40 CFR part 60,

appendix A)

Performance test

(Method 29 or 30B

at 40 CFR part

60, appendix A-8)

or ASTM D6784-02

(Reapproved

2008)c.

Oxides of

nitrogen

53 parts per

million dry

volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 7E at 40

CFR part 60,

appendix A-4).

Use a span gas

with a

concentration of

100 ppm or less.
215

For the air

pollutant

You must

meet this

emission

limitationb

Using this

averaging time

And determining

compliance using

this method

Particulate

matter

filterable

34

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter)

Performance test

(Method 5 or 29

at 40 CFR part

60, appendix A-3

or appendix A-8).

Sulfur dioxide 11 parts per

million dry

volume

3-run average

(1 hour minimum

sample time per

run)

Performance test

(Method 6 or 6C

at 40 CFR part

60, appendix A4). Use a maximum

allowable drift

of 0.2 ppm and a

span gas with

concentration of

20 ppm or less.

Fugitive ash Visible

emissions

for no more

than 5% of

the hourly

observation

period

Three 1-hour

observation

periods

Visible emission

test (Method 22

at 40 CFR part

60, appendix A7).

a The date specified in the state plan can be no later

than 3 years after the effective date of approval of a

revised state plan or [INSERT THE DATE 5 YEARS AFTER

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

b All emission limitations are measured at 7 percent

oxygen, dry basis at standard conditions. For

dioxins/furans, you must meet either the total mass basis
216

limit or the toxic equivalency basis limit.

c Incorporated by reference, see §60.17.

Table 7 to Subpart DDDD of Part 60—Model Rule—Emission

Limitations That Apply To Energy Recovery Units After

[INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE

FEDERAL REGISTER]

For the air

pollutant

You must meet this

emission

limitationa Using this

averaging

time

And

determining

compliance

using this

method

Liquid/Gas Solids

Cadmium 0.023

milligrams

per dry

standard

cubic meter

0.00051

milligrams

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 2

dry

standard

cubic

meters)

Performance

test (Method

29 at 40 CFR

part 60,

appendix A8). Use ICPMS

for the

analytical

finish.

Carbon

monoxide

36 parts

per million

dry volume

Biomass –

490 parts

per million

dry volume

3-run

average (1

hour

minimum

sample time

per run)

Performance

test (Method

10 at 40 CFR

part 60,

appendix A4). Use a

span gas with

a

concentration

of 100 ppm or

less for

Coal –59

parts per

million dry

volume
217

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

liquid/gas

boilers and

coal-fed

boilers. Use

a span gas

with a

concentration

of 1000 ppm

or less for

biomass-fed

boilers.

Dioxins/furans

(total mass

basis)

2.9

nanograms

per dry

standard

cubic meter

0.35

nanograms

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 1

dry

standard

cubic

meter)

Performance

test (Method

23 at 40 CFR

part 60,

appendix A7).

Dioxins/furans

(toxic

equivalency

basis)

0.32

nanograms

per dry

standard

cubic meter

0.059

nanograms

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 1

dry

standard

cubic

meter)

Performance

test (Method

23 at 40 CFR

part 60,

appendix A7).

Hydrogen 14 parts 0.45 parts 3-run Performance
218

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

chloride per million

dry volume

per million

dry volume

average

(collect a

minimum

volume of 1

dry

standard

cubic

meters)

test (Method

26 or 26A at

40 CFR part

60, appendix

A-8).

Lead 0.096

milligrams

per dry

standard

cubic meter

0.0036

milligrams

per dry

standard

cubic meter

3-run

average

(collect a

minimum

volume of 2

dry

standard

cubic

meters)

Performance

test (Method

29 at 40 CFR

part 60,

appendix A8). Use ICPMS

for the

analytical

finish.

Mercury 0.0013

milligrams

per dry

standard

cubic meter

0.00033

milligrams

per dry

standard

cubic meter

3-run

average

(For Method

29 and ASTM

D6784-02

(Reapproved

2008)b,

collect a

minimum

volume of 2

dry

standard

cubic

meters per

Performance

test (Method

29 or 30B at

40 CFR part

60, appendix

A-8) or ASTM

D6784-02

(Reapproved

2008)b.
219

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

run. For

Method 30B,

collect a

minimum

sample as

specified

in Method

30B at 40

CFR part

60,

appendix A)

Oxides of

nitrogen

76 parts

per million

dry volume

Biomass –

290 parts

per million

dry volume

3-run

average (1

hour

minimum

sample time

per run)

Performance

test (Method

7E at 40 CFR

part 60,

appendix A4). Use a

span gas with

a

concentration

of 150 ppm or

less for

liquid/gas

fuel boilers.

Use a span

gas with a

concentration

of 700 ppm or

less for

solid fuel

boilers.

Coal – 340

parts per

million dry

volume
220

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

Particulate

matter

filterable

110

milligrams

per dry

standard

cubic meter

250

milligrams

per dry

standard

cubic meter

or 30-day

rolling

average if

PM CEMS is

required or

being used

3-run

average

(collect a

minimum

volume of 1

dry

standard

cubic

meter)

Performance

test (Method

5 or 29 at 40

CFR part 60,

appendix A-3

or appendix

A-8) if the

unit has a

design

capacity less

than or equal

to 250

MMBtu/hr; or

PM CEMS

(performance

specification

11 of

appendix B of

this part) if

the unit has

a design

capacity

greater than

250 MMBtu/hr.

Use Method 5

or 5I of

Appendix A of

this part and

collect a

minimum

sample volume

of 1 dscm for
221

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

the PM CEMS

correlation

testing.

Sulfur dioxide720 parts

per million

dry volume

Biomass –

6.2 parts

per million

dry volume

3-run

average (1

hour

minimum

sample time

per run)

Performance

test (Method

6 or 6c at 40

CFR part 60,

appendix A4.) Use a

span gas with

a

concentration

of 20 ppm or

less for

biomass-fed

boilers. Use

a span gas

with a

concentration

of 1500 ppm

or less for

liquid/gas

and coal-fed

boilers.

Coal – 650

parts per

million dry

volume

Fugitive ash Visible

emissions

for no more

than 5

percent of

the hourly

observation

Visible

emissions

for no more

than 5

percent of

the hourly

observation

Three 1-

hour

observation

periods

Visible

emission test

(Method 22 at

40 CFR part

60, appendix

A-7).
222

For the air

pollutant

You must meet this

emission

limitationa

Using this

averaging

time

And

determining

compliance

period period

a All emission limitations (except for opacity) are

measured at 7 percent oxygen, dry basis at standard

conditions. For dioxins/furans, you must meet either the

total mass basis limit or the toxic equivalency basis

limit.

b Incorporated by reference, see §60.17.

Table 8 to Subpart DDDD of Part 60—Model Rule—Emission

Limitations That Apply to Waste-burning Kilns After [INSERT

THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL

REGISTER]

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

Cadmium 0.00048

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum

volume of 2

dry standard

cubic meters)

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).

Carbon

monoxide

110parts per

million dry

volume

3-run average

(1 hour

minimum

sample time

per run)

Performance test

(Method 10 at 40

CFR part 60,

appendix A-4). Use

a span gas with a

concentration of

200 ppm or less.

Dioxins/furans

(total mass

0.02

nanograms

3-run average

(collect a

Performance test

(Method 23 at 40
223

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

basis) per dry

standard

cubic meter

minimum

volume of 1

dry standard

cubic meter)

CFR part 60,

appendix A-7).

Dioxins/furans

(toxic

equivalency

basis)

0.0070

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum

volume of 1

dry standard

cubic meter)

Performance test

(Method 23 at 40

CFR part 60,

appendix A-7).

Hydrogen

chloride

25 parts per

million dry

volume

3-run average

(collect a

minimum

volume of 1

dry standard

cubic meter)

or 30-day

rolling

average if

HCl CEMS is

being used

Performance test

(Method 321 at 40

CFR part 63,

appendix A) or HCl

CEMS if a wet

scrubber is not

used.

Lead 0.0026

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum

volume of 2

dry standard

cubic meters)

Performance test

(Method 29 at 40

CFR part 60,

appendix A-8).

Mercury 0.0079

milligrams

30-day

rolling

Mercury CEMS or

sorbent trap
224

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

per dry

standard

cubic meter

average monitoring system

(performance

specification 12A

or 12B,

respectively, of

appendix B of this

part).

Oxides of

nitrogen

540 parts

per million

dry volume

3-run average

(1 hour

minimum

sample time

per run)

Performance test

(Method 7E at 40

CFR part 60,

appendix A-4). Use

a span gas with a

concentration of

1000 ppm or less.

Particulate

matter

filterable

6.2

milligrams

per dry

standard

cubic meter

30-day

rolling

average

PM CEMS

(performance

specification 11 of

appendix B of this

part; Use Method 5

or 5I of Appendix A

of this part and

collect a minimum

sample volume of 2

dscm for the PM

CEMS correlation

testing.)

Sulfur dioxide 38 parts per

million dry

volume

3-run average

(1 hour

minimum

Performance test

(Method 6 or 6c at

40 CFR part 60,
225

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging

time

And determining

compliance using

this method

sample time

per run)

appendix A-4). Use

a span gas with a

concentration of 80

ppm or less.

a All emission limitations (except for opacity) are

measured at 7 percent oxygen, dry basis at standard

conditions. For dioxins/furans, you must meet either the

total mass basis limit or the toxic equivalency basis

limit.

Table 9 to Subpart DDDD of Part 60—Model Rule—Emission

Limitations That Apply to Small, Remote Incinerators After

[INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE

FEDERAL REGISTER]

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance

using this

method

Cadmium 0.61

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter)

Performance

test (Method 29

at 40 CFR part

60, appendix A8).

Carbon

monoxide

20 parts per

million dry

volume

3-run average (1

hour minimum

sample time per

run)

Performance

test (Method 10

at 40 CFR part

60, appendix A-
226

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance

using this

method

4). Use a span

gas with a

concentration

of 50 ppm or

less.

Dioxins/furans

(total mass

basis)

1,200

nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter)

Performance

test (Method 23

at 40 CFR part

60, appendix A7).

Dioxins/furans

(toxic

equivalency

basis)

57 nanograms

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter)

Performance

test (Method 23

at 40 CFR part

60, appendix A7).

Hydrogen

chloride

220 parts

per million

dry volume

3-run average

(For Method 26,

collect a

minimum volume

of 60 liters per

run. For Method

26A, collect a

minimum volume

of 1 dry

standard cubic

meter per run)

Performance

test (Method 26

or 26A at 40

CFR part 60,

appendix A-8).

Lead 2.7 3-run average Performance
227

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance

using this

method

milligrams

per dry

standard

cubic meter

(collect a

minimum volume

of 1 dry

standard cubic

meter)

test (Method 29

at 40 CFR part

60, appendix A8).

Mercury 0.0057

milligrams

per dry

standard

cubic meter

3-run average

(For Method 29

and ASTM D6784-

02 (Reapproved

2008)b, collect

a minimum volume

of 2 dry

standard cubic

meters per run.

For Method 30B,

collect a

minimum sample

as specified in

Method 30B at 40

CFR part 60,

appendix A)

Performance

test (Method 29

or 30B at 40

CFR part 60,

appendix A-8)

or ASTM D6784-

02 (Reapproved

2008)b.

Oxides of

nitrogen

240 parts

per million

dry volume

3-run average (1

hour minimum

sample time per

run)

Performance

test (Method 7E

at 40 CFR part

60, appendix A4). Use a span

gas with a

concentration

of 500 ppm or

less.
228

For the air

pollutant

You must

meet this

emission

limitationa

Using this

averaging time

And determining

compliance

using this

method

Particulate

matter

filterable

230

milligrams

per dry

standard

cubic meter

3-run average

(collect a

minimum volume

of 1 dry

standard cubic

meter)

Performance

test (Method 5

or 29 at 40 CFR

part 60,

appendix A-3 or

appendix A-8).

Sulfur dioxide 420 parts

per million

dry volume

3-run average (1

hour minimum

sample time per

run)

Performance

test (Method 6

or 6c at 40 CFR

part 60,

appendix A-4).

Use a span gas

with a

concentration

of 1000 ppm or

less.

Fugitive ash Visible

emissions

for no more

than 5

percent of

the hourly

observation

period

Three 1-hour

observation

periods

Visible

emission test

(Method 22 at

40 CFR part 60,

appendix A-7).

a All emission limitations (except for opacity) are

measured at 7 percent oxygen, dry basis at standard

conditions.

b Incorporated by reference, see §60.17.