71472 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60

[OAR–2003–0156; FRL–7845–4] 

RIN 2060–AG31

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Other 

Solid Waste Incineration Units

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rules.

SUMMARY: The EPA is proposing new 

source performance standards (NSPS) 

and emission guidelines for new and 

existing ‘‘other’’ solid waste incinerators 

(OSWI) units. The proposed rules fulfill 

the requirements of sections 111 and 

129 of the Clean Air Act (CAA), which 

require EPA to promulgate NSPS and 

emission guidelines for solid waste 

incineration units. These requirements 

are based on the Administrator’s 

determination that these waste 

incinerators cause, or contribute 

significantly to, air pollution that may 

reasonably be anticipated to endanger 

public health or welfare. The proposed 

rules, which address only nonhazardous 

solid wastes, would protect public 

health by reducing exposure to air 

pollution.

DATES: Comments must be received on 

or before February 7, 2005. 

Public Hearing. If anyone contacts 

EPA by December 29, 2004, requesting 

to speak at a public hearing, EPA will 

hold a public hearing on January 10, 

2005. If you are interested in attending 

the public hearing, contact Ms. Kelly 

Hayes at (919) 541–5578 to verify that 

a hearing will be held.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003–

0156, by one of the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http://www.epa.gov/

edocket. EDOCKET, EPA’s electronic 

public docket and comment system, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

E-mail: Send your comments via 

electronic mail to a-and-rdocket@epa.gov, Attention Docket ID 

No. OAR–2003–0156. 

Facsimile: Fax your comments to 

(202) 566–1741, Attention Docket ID No. 

OAR–2003–0156. 

Mail: Send your comments to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Mailcode 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. OAR–2003–0156. Please 

include a total of two copies. The EPA 

requests a separate copy also be sent to 

either of the contact persons identified 

below (see FOR FURTHER INFORMATION

CONTACT). In addition, please mail a 

copy of your comments on the 

information collection provisions to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

Hand Delivery: Deliver your 

comments to: EPA Docket Center (EPA/

DC), EPA West Building, Room B108, 

1301 Constitution Ave., NW., 

Washington, DC, 20460, Attention 

Docket ID No. OAR–2003–0156. Such 

deliveries are accepted only during the 

normal hours of operation (8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays), and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. OAR–2003–0156. The 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.epa.gov/edocket, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the Federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Public Hearing: If a public hearing is 

held, it will be held at EPA’s Campus 

located at 109 T.W. Alexander Drive in 

Research Triangle Park, NC, or an 

alternate site nearby. 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the EPA Docket Center (EPA/

DC), EPA West Building, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566–

1742.

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Johnson or Mr. Fred Porter, 

Combustion Group, Emission Standards 

Division (C439–01), U.S. EPA, Research 

Triangle Park, North Carolina 27711; 

telephone number: (919) 541–5025 or 

(919) 541–5251; e-mail address: 

johnson.mary@epa.gov or 

porter.fred@epa.gov.

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble.

I. General Information 

A. Does This Action Apply To Me? 

B. What Should I Consider as I Prepare My 

Comments for EPA? 

II. Background Information 

A. What Is the Statutory Authority for the 

Proposed Rules? 

B. What Are New Source Performance 

Standards (NSPS)? 

C. What Are Emission Guidelines? 

D. How Are the Emission Guidelines 

Implemented? 

III. Summary of the Proposed Rules 

A. Do the Proposed Rules Apply To Me? 

B. What Emission Limits Must I Meet? 

C. What Operating Limits Must I Meet? 

D. What Are the Other Requirements? 

E. What Are the Requirements for Air 

Curtain Incinerators? 

F. What Title V Permit Requirements Must 

I Meet? 

IV. Rationale for the Proposed Rules 

A. How Did EPA Determine Which 

Pollution Sources Would Be Regulated 

Under the Proposed Rules? 

B. How Did EPA Select the Pollutants To 

Be Regulated? 

C. How Did EPA Select the Format for the 

Proposed Rules?

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71473

D. How Did EPA Determine the Proposed 

Emission Limits for New OSWI Units? 

E. How Did EPA Determine the Proposed 

Emission Limits for Existing OSWI 

Units? 

F. How Did EPA Determine Testing and 

Monitoring Requirements for the 

Proposed Rules? 

G. How Did EPA Determine Compliance 

Times for the Proposed Rules? 

H. How Did EPA Determine the Required 

Records and Reports for the Proposed 

Rules? 

I. How Did EPA Determine Operator 

Training and Qualification Requirements 

for the Proposed Rules? 

J. How Did EPA Determine the Waste 

Management Plan Requirements for the 

Proposed Rules? 

K. How did EPA Determine the Siting 

Requirements for New Units for the 

Proposed Rules? 

V. Impacts of the Proposed Rules for New 

Units 

A. What Are the Air Impacts? 

B. What Are the Water and Solid Waste 

Impacts? 

C. What Are the Energy Impacts? 

D. What Are the Cost and Economic 

Impacts? 

VI. Impacts of the Proposed Rules for 

Existing Units 

A. What Are the Air Impacts? 

B. What Are the Water and Solid Waste 

Impacts? 

C. What Are the Energy Impacts? 

D. What Are the Cost and Economic 

Impacts? 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer 

Advancement Act

SUPPLEMENTARY INFORMATION:

I. General Information 

A. Does This Action Apply To Me? 

Regulated Entities. Categories and 

entities potentially regulated by the 

proposed rules are very small municipal 

waste combustion (VSMWC) units and 

institutional waste incineration (IWI) 

units. The OSWI emission guidelines 

and NSPS would affect the following 

categories of sources:

Category NAICS code SIC code Examples of potentially regulated entities 

Any State, local, or Tribal government using a 

VSMWC unit as defined in the regulation.

562213, 92411 4953, 9511 Solid waste combustion units burning municipal waste collected from the general public and from residential, commercial, institutional, and industrial sources. 

Institutions using an IWI unit as defined in the 

regulations.

922, 6111, 

623, 7121

9223, 8211, 

7999

Correctional institutions, primary and secondary schools, 

camps and national parks. 

Any Federal government agency using an OSWI 

unit as defined in the regulations.

928 9711 Department of Defense (labs, military bases, munition facilities). 

Any college or university using an OSWI unit as 

defined in the regulations.

6113, 6112 8221, 8222 Universities, colleges and community colleges. 

Any church or convent using an OSWI unit as 

defined in the regulations.

8661 8131 Churches and convents. 

Any civic or religious organization using an 

OSWI unit as defined in the regulations.

8641 8134 Civic associations and fraternal associations. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by the proposed rules. To 

determine whether your facility would 

be regulated by the proposed rules, you 

should examine the applicability 

criteria in 40 CFR 60.2885 through 

60.2888 of subpart EEEE, and 40 CFR 

60.2991 through 60.2994 of subpart 

FFFF. If you have any questions 

regarding the applicability of the 

proposed rules to a particular entity, 

contact either of the persons listed in 

the preceding FOR FURTHER INFORMATION

CONTACT section. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit 

information that you consider to be CBI 

electronically through EDOCKET, 

regulations.gov, or e-mail. Send or 

deliver information identified as CBI to 

only the following address: Ms. Mary 

Johnson, c/o OAQPS Document Control 

Officer (Room C404–02), U.S. EPA, 

Research Triangle Park, NC 27711, 

Attention Docket ID No. OAR–2003–

0156. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD–

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult either of the persons 

identified in the FOR FURTHER

INFORMATION CONTACT section. 

2. Tips for Preparing Your Comments.

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions. The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/

or data that you used.

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

Docket. The docket number for the 

proposed NSPS (40 CFR part 60, subpart 

EEEE) and emission guidelines (40 CFR 

part 60, subpart FFFF) is Docket ID No. 

OAR–2003–0156. 

World Wide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of the proposed rules is 

available on the WWW through the

71474 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

Technology Transfer Network Web site 

(TTN Web). Following signature, EPA 

will post a copy of the proposed rules 

on the TTN’s policy and guidance page 

for newly proposed or promulgated 

rules at http://www.epa.gov/ttn/oarpg.

The TTN provides information and 

technology exchange in various areas of 

air pollution control. If you need more 

information regarding the TTN, call the 

TTN Help line at (919) 541–5384. 

II. Background Information 

A. What Is the Statutory Authority for 

the Proposed Rules? 

Section 129 of the CAA, entitled 

‘‘Solid Waste Combustion,’’ requires 

EPA to develop and adopt NSPS and 

emission guidelines for solid waste 

incineration units pursuant to CAA 

section 111. Section 111(b) of the CAA 

requires EPA to establish NSPS for new 

sources, and CAA section 111(d) 

requires EPA to establish procedures for 

States to submit plans for implementing 

emission guidelines for existing sources. 

Under CAA section 111, NSPS and 

emission guidelines must be developed 

for new and existing stationary sources 

that cause or contribute significantly to 

air pollution that may reasonably be 

anticipated to endanger public health or 

welfare. 

Congress specifically added section 

129 to the CAA to address concerns 

about emissions from solid waste 

combustion units. Section 129 of the 

CAA requires EPA to promulgate 

emissions standards and other 

requirements for ‘‘each category of solid 

waste incineration unit.’’ Section 

129(a)(1) of the CAA identifies five 

categories of solid waste incineration 

units: 

(1) Units with a capacity of greater 

than 250 tons per day (tpd) combusting 

municipal waste; 

(2) Units with a capacity equal to or 

less than 250 tpd combusting municipal 

waste; 

(3) Units combusting hospital, 

medical and infectious waste; 

(4) Units combusting commercial or 

industrial waste; and 

(5) Unspecified ‘‘other categories of 

solid waste incineration units.’’

Section 129(g)(1) of the CAA 

identifies several types of units that are 

not solid waste incineration units, 

including units required to have a 

permit under section 3005 of the Solid 

Waste Disposal Act (SWDA); materials 

recovery facilities; certain qualifying 

small power production facilities or 

qualifying cogeneration facilities which 

burn homogeneous waste; and certain 

air curtain incinerators that meet 

opacity limitations established by EPA. 

For each category of incineration unit 

identified under CAA section 129, EPA 

must establish numerical emission 

limits for at least nine specified 

pollutants (particulate matter (PM), 

sulfur dioxide (SO2), hydrogen chloride 

(HCl), nitrogen oxides (NOX), carbon 

monoxide (CO), lead (Pb), cadmium 

(Cd), mercury (Hg), and dioxins and 

dibenzofurans), and for opacity as 

appropriate. Section 129 of the CAA 

provides EPA with the discretion to 

establish emission limitations for other 

pollutants as well. (See CAA section 

129(a)(4).) 

Under CAA section 129, the NSPS 

and emission guidelines adopted for 

solid waste combustion units must 

reflect the maximum achievable control 

technology (MACT). Accordingly, EPA’s 

standards under CAA section 129 must 

‘‘* * * reflect the maximum degree of 

reduction in emissions of [the listed] air 

pollutants * * * that the Administrator, 

taking into consideration the cost of 

achieving such emissions reductions, 

and any non-air quality health and 

environmental impacts and energy 

requirements, determines is achievable 

for new or existing units in each 

category * * *.’’ (See CAA section 

129(a)(2).) However, the standards for 

new units must not be less stringent 

than the emissions control that is 

achieved in practice by the best 

controlled similar unit, and the 

standards for existing sources must not 

be less stringent than the average 

emissions limitations achieved by the 

best performing 12 percent of units in 

the category. 

Regulations have been developed for 

each of the listed categories of solid 

waste incineration unit except for the 

‘‘other categories of solid waste 

incineration units.’’ Today’s notice 

proposes regulations for these ‘‘other’’

(or OSWI) units. Three previous notices 

have been published regarding OSWI 

regulatory development (58 FR 31358, 

June 2, 1993; 58 FR 58498, November 2, 

1993; 65 FR 67367, November 9, 2000). 

In the November 9, 2000 notice, EPA 

revised the OSWI regulatory schedule to 

promulgate regulations by November 

2005. This was subsequently 

incorporated into a consent decree, 

requiring that EPA propose regulations 

for the OSWI source category by 

November 30, 2004, and promulgate by 

November 30, 2005. 

B. What Are New Source Performance 

Standards? 

The NSPS for solid waste incineration 

units are developed according to CAA 

sections 111 and 129. An NSPS applies 

to new stationary sources of emissions, 

that is, sources for which construction 

begins after a standard is proposed or 

sources that are modified on or after a 

specified date. The key elements in an 

NSPS are generally defined as follows: 

1. Source category to be regulated

means the industries or types of 

processes that are regulated. Section 129 

of the CAA requires EPA to regulate 

several categories of incinerators 

specifically listed in CAA section 129 

and to regulate ‘‘other categories of solid 

waste incineration units’’ (known as 

OSWI). The proposed NSPS applies to 

the OSWI category, which is VSMWC 

units and IWI units. 

2. Affected facility means a solid 

waste incineration unit that will be 

subject to the NSPS. The proposed 

NSPS would affect each individual 

OSWI unit.

3. Pollutants to be regulated means 

the particular substances emitted by the 

affected facility that the NSPS regulates. 

Section 129 of the CAA specifies nine 

pollutants: Cd, CO, dioxins/furans, PM, 

HCl, Pb, Hg, NOX, and SO2. Opacity 

standards may also be required as 

appropriate. The CAA section 129 

pollutants represent the minimum 

requirements; EPA can add other 

pollutants, if appropriate, but has 

determined that doing so in regulating 

the OSWI category is unnecessary 

because other potentially relevant 

pollutants are adequately addressed by 

control of the pollutants to be regulated. 

4. Maximum achievable control 

technology means the technology on 

which the emission standards will be 

based. Section 129(a)(2) of the CAA 

specifies that standards be based on 

‘‘* * * the maximum degree of 

reduction in emissions * * * that the 

Administrator, taking into consideration 

the cost of achieving such emission 

reduction, and any non-air quality 

health and environmental impacts and 

energy requirements, determines is 

achievable * * *.’’ (Note that solid 

waste incineration standards under 

CAA section 129 are different from 

typical NSPS under CAA section 111, 

which are based on ‘‘best demonstrated 

technology’’ rather than MACT.) 

5. Format for the standards means the 

form in which the standards are 

expressed; for example, as pollutant 

concentration emission limits, as a 

percent reduction in emissions, or as 

equipment or work practice standards. 

Section 129 of the CAA also directs EPA 

to establish siting requirements for new 

incineration units and operator 

certification and training requirements 

for all units. 

6. Emission limits generally means 

limits based on the level of reduction 

that the MACT can achieve. Only in 

unusual cases do standards require that 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71475

a specific technology be used. In 

general, the source owner or operator 

may select any method for complying 

with the limits. 

7. Other considerations in addition to 

emission limits for NSPS usually 

include: Standards for visible emissions, 

modification and reconstruction 

provisions, monitoring requirements, 

performance test methods and 

compliance procedures, and reporting 

and recordkeeping requirements. 

C. What Are Emission Guidelines? 

Emission guidelines are similar to 

NSPS, except that they apply to existing 

sources. That is, they apply to sources 

for which construction began on or 

before the date a standard is proposed 

or that are modified before a specified 

date. Unlike NSPS, the emission 

guidelines are not enforceable until EPA 

approves a State plan or adopts a 

Federal plan for implementing and 

enforcing them, and the State or Federal 

plan becomes effective. 

D. How Are the Emission Guidelines 

Implemented? 

When standards of performance for 

solid waste incineration units are 

promulgated under CAA sections 111 

and 129, the CAA requires States under 

CAA sections 111(d) and 129(b) to 

submit plans that: (1) Establish emission 

standards for existing sources, and (2) 

provide for implementation and 

enforcement of the emission standards. 

States are required to adopt and 

submit to the Administrator a State plan 

implementing the emission guidelines 

within 1 year after the promulgation of 

the guidelines (CAA section 129(b)(2)). 

The State plan carries out and provides 

for enforcing the emission guidelines. 

Section 129 of the CAA provides that 

the State plan for existing incineration 

units must be at least as protective as 

the emission guidelines and must 

provide for compliance by affected 

facilities no later than 3 years after the 

effective date of State plan approval, but 

no later than 5 years after EPA 

promulgates the guidelines. Section 

111(d) of the CAA further requires that 

the procedures for submitting a State 

plan must be similar to the procedures 

for submitting State implementation 

plans under CAA section 110. (The EPA 

has established specific procedures in 

40 CFR part 60, subpart B.) Sections 

111(d) and 129(b) of the CAA also 

require EPA to develop, implement, and 

enforce a Federal plan if a State fails to 

submit a satisfactory State plan. 

III. Summary of the Proposed Rules 

A. Do the Proposed Rules Apply to Me? 

The proposed rules apply to you if 

you own or operate either of the 

following: 

(1) An incineration unit burning 

municipal solid waste (MSW) (as 

defined in CAA section 129, 40 CFR 

60.2977 of subpart EEEE, and 40 CFR 

60.3078 of subpart FFFF) with a 

capacity less than 35 tpd, or 

(2) An incineration unit located at an 

institutional facility burning 

institutional waste (as defined in 40 

CFR 60.2977 of subpart EEEE and 40 

CFR 60.3078 of subpart FFFF) generated 

at that facility. 

If your incineration unit is currently 

meeting emission limitations and other 

requirements of another CAA section 

129 regulation (i.e., small or large 

municipal waste combustion (MWC) 

units; hospital, medical, infectious 

waste incineration units (HMIWI units); 

or commercial and industrial solid 

waste incineration units (CISWI units)), 

the proposed rules do not apply to you. 

Likewise, if your institutional 

combustion unit is covered under the 

CAA section 112 National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for industrial, commercial, 

and institutional boilers and process 

heaters (boilers NESHAP), it would not 

be subject to the proposed rules. Certain 

types of combustion units listed in 40 

CFR 60.2887 of subpart EEEE and 40 

CFR 60.2993 of subpart FFFF are also 

excluded from the proposed rules. 

If you began construction of your 

OSWI unit on or before December 9, 

2004, it is considered an existing OSWI 

unit and would be subject to the 

proposed emission guidelines. If you 

began construction of your OSWI unit 

after December 9, 2004, it is considered 

a new OSWI unit and would be subject 

to the proposed NSPS. 

If you began reconstruction or 

modification of your OSWI unit prior to 

[DATE 6 MONTHS AFTER DATE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register], it is considered an 

existing unit and would be subject to 

the emission guidelines. Likewise, if 

you began reconstruction or 

modification of your OSWI unit on or 

after [DATE 6 MONTHS AFTER DATE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register], it is considered a new 

OSWI unit and would be subject to the 

NSPS.

B. What Emission Limits Must I Meet? 

As the owner or operator of a new or 

existing OSWI unit, you would be 

required to meet the emission limits 

specified in Table 1 of this preamble. 

You would be required to conduct a 

performance test to show compliance 

within 60 days after a new OSWI unit 

reaches the charge rate at which it will 

operate, but no later than 180 days after 

the unit’s initial startup. 

As the owner or operator of an 

existing OSWI unit, you would be 

required to meet the emission limits 

specified in Table 1 of this preamble 

within 3 years after the effective date of 

State plan approval or when EPA 

promulgates a Federal plan, but no later 

than 5 years after [DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register].

TABLE 1.—EMISSION LIMITS FOR NEW AND EXISTING OSWI UNITS

For these pollutants You must meet these emission limits a And determine compliance using these 

methods b, c

Cd ................................................................. 18 micrograms per dry standard cubic meter (μg/

dscm).

EPA Method 29 

CO ................................................................ 5.0 parts per million dry volume (ppmdv) ................... EPA Methods 10, 10A or 10B 

Dioxins/Furans (total mass basis) ................ 33 nanograms per dry standard cubic meter (ng/

dscm).

EPA Method 23 

HCl ................................................................ 3.7 ppmdv .................................................................... EPA Method 26A 

Pb ................................................................. 226 μg/dscm ................................................................ EPA Method 29 

Hg ................................................................. 74 μg/dscm .................................................................. EPA Method 29 

Opacity ......................................................... 10% .............................................................................. EPA Method 9 

NOX .............................................................. 103 ppmdv ................................................................... EPA Methods 7, 7A, 7C, 7D, or 7Ed

PM ................................................................ 0.013 grains per dry standard cubic foot (gr/dscf) ...... EPA Method 5 or 29 

SO2 ............................................................... 3.1 ppmdv .................................................................... EPA Method 6 or 6C e

aAll emission limits (except opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

bThese methods are in 40 CFR part 60, appendix A. 

71476 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

c Compliance with the CO emission limit is determined on a 3-hour rolling average basis using continuous emission monitoring system data. 

Compliance for the other pollutants’ emission limits is determined by stack testing. dASME PTC 19–10–1981—Part 10 is an acceptable alternative to only Methods 7 and 7C. eASME PTC 19–10–1981—Part 10 is an acceptable alternative to Method 6 only. 

C. What Operating Limits Must I Meet? 

If you use a wet scrubber to comply 

with the emission limits, you would be 

required to establish the maximum and 

minimum site-specific operating limits 

indicated in Table 2 of this preamble. 

You would then be required to operate 

the OSWI unit so that the charge rate 

does not exceed the established 

maximum charge rate. You would be 

required to operate the wet scrubber so 

that the pressure drop or amperage, 

scrubber liquor flow rate, and scrubber 

liquor pH do not fall below the 

minimum established operating limits.

TABLE 2.—OPERATING LIMITS FOR NEW AND EXISTING OSWI UNITS USING WET SCRUBBERS

For these operating parameters You must establish these operating limits And monitor continuously 

using these recording times 

Charge rate ....................................................................... Maximum charge rate ..................................................... Every hour 

Pressure drop across the wet scrubber, or amperage to 

the wet scrubber.

Minimum pressure drop or amperage ............................ Every 15 minutes 

Scrubber liquor flow rate .................................................. Minimum flow rate ........................................................... Every 15 minutes 

Scrubber liquor pH ............................................................ Minimum pH .................................................................... Every 15 minutes 

NOTE: Compliance is determined on a 3-hour rolling average basis, except charge rate for batch incinerators, which is determined on a 24-hour 

basis. 

If you use an air pollution control 

device other than a wet scrubber to 

comply with the emission limits, you 

would be required to petition the 

Administrator for other site-specific 

operating limits to be established during 

the initial performance test and 

continuously monitored thereafter. The 

information you must include in your 

petition is described in 40 CFR 60.2917 

of subpart EEEE and 40 CFR 60.3024 of 

subpart FFFF. 

D. What Are the Other Requirements? 

As the owner or operator of a new or 

existing OSWI unit, you would be 

required to meet the following 

additional requirements. 

Siting Analysis (new units only):

• Submit a report that evaluates sitespecific air pollution control 

alternatives that minimize potential 

risks to public health or the 

environment, considering costs, energy 

impacts, nonair environmental impacts, 

or any other factors related to the 

practicability of the alternatives. 

Waste Management Plan:

• Submit a written plan that 

identifies both the feasibility and the 

methods used to reduce or separate 

certain components of solid waste from 

the waste stream to reduce or eliminate 

toxic emissions from incinerated waste. 

Operator Training and Qualification 

Requirements:

• Qualify operators or their 

supervisors (at least one per facility) by 

ensuring that they complete an operator 

training course and annual review or 

refresher course. 

Testing Requirements:

• Conduct initial performance tests 

for Cd, CO, dioxins/furans, HCl, Pb, Hg, 

NOX, opacity, PM, and SO2 and 

establish operating limits (i.e., 

maximum or minimum values for 

operating parameters). 

• Conduct annual performance tests 

for all nine pollutants and opacity. (An 

owner or operator may conduct less 

frequent testing if the facility 

demonstrates that it is in compliance 

with the emission limits for three 

consecutive performance tests.) 

Monitoring Requirements:

• Continuously monitor CO 

emissions. 

• If using a wet scrubber to comply 

with the emission limits, continuously 

monitor the following operating 

parameters: charge rate, pressure drop 

across the wet scrubber (or amperage), 

and scrubber liquid flow rate and pH. 

• If something other than a wet 

scrubber is used to comply with the 

emission limits, monitor other operating 

parameters, as approved by the 

Administrator. 

Recordkeeping and Reporting 

Requirements:

• Maintain for 5 years records of the 

initial performance tests and all 

subsequent performance tests, operating 

parameters, any maintenance, the siting 

analysis (for new units only), and 

operator training and qualification. Each 

record must be kept on site for at least 

2 years. The records may be kept off site 

for the remaining 3 years. 

• Submit the results of the initial 

performance tests and all subsequent 

performance tests and values for the 

operating parameters. 

• Submit annual compliance reports 

and semiannual reports of any 

deviations from the emission limits, 

operating limits, or other requirements. 

• Apply for and obtain a title V 

operating permit. 

E. What Are the Requirements for Air 

Curtain Incinerators?

The proposed rules establish opacity 

limitations for air curtain OSWI units 

burning: 

• 100 percent wood wastes, 

• 100 percent clean lumber, 

• 100 percent yard waste, or 

• 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste. 

The opacity limit is 10 percent. 

However, 35 percent opacity is allowed 

during startup periods that are within 

the first 30 minutes of operation. Air 

curtain incinerators burning only these 

materials would be required to meet the 

opacity limits and apply for and obtain 

a title V operating permit, but would be 

exempt from the other requirements of 

the proposed rules. 

Air curtain incinerators burning other 

institutional waste or municipal waste 

would be required to meet the proposed 

rules including all emission limits in 

Table 1 of this preamble and the 

associated testing, permitting, 

monitoring, recordkeeping, and 

reporting requirements. 

F. What Title V Permit Requirements 

Must I Meet? 

All new and existing OSWI units 

would be required to apply for and 

obtain a title V permit. These title V 

operating permits would assure 

compliance with all applicable 

requirements for OSWI units, including 

all applicable CAA section 129 

requirements. (See 40 CFR 70.6(a)(1), 

70.2, 71.6(a)(1) and 71.2.) 

When a CAA section 129 source is 

required to apply for a title V permit 

depends on when the source first 

becomes subject to the relevant title V 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71477

permits program. If an OSWI unit is a 

new unit and is not subject to an earlier 

permit application deadline, a complete 

title V permit application must be 

submitted on or before one of the 

following dates: 

1. For an OSWI unit that commenced 

operation as a new source as of the 

promulgation date of 40 CFR part 60, 

subpart EEEE, then a complete title V 

permit application must be submitted 

not later than 12 months after the 

promulgation date of 40 CFR part 60, 

subpart EEEE. 

2. For an OSWI unit that does not 

commence operation as a new source 

until after the promulgation of 40 CFR 

part 60, subpart EEEE, then a complete 

title V permit application must be 

submitted not later than 12 months after 

the date the OSWI unit commences 

operation as a new source. (See CAA 

section 503(c) and 40 CFR 70.5(a)(1)(i) 

and 71.5(a)(1)(i).) 

If your OSWI unit is an existing unit 

and is not subject to an earlier permit 

application deadline, a complete title V 

permit application must be submitted 

by the earlier of the following dates: 

1. Twelve months after the effective 

date of any applicable EPA-approved 

CAA section 111(d)/129 plan (i.e., an 

approved State or Tribal plan that 

implements the OSWI emission 

guidelines). 

2. Twelve months after the effective 

date of any applicable Federal plan. 

3. Thirty-six months after 

promulgation of 40 CFR part 60, subpart 

FFFF. 

For any existing OSWI unit not 

subject to an earlier permit application 

deadline, the application deadline of 36 

months after the promulgation of 40 

CFR part 60, subpart FFFF, applies 

regardless of whether or when any 

applicable Federal plan is effective, or 

whether or when any applicable CAA 

section 111(d)/129 plan is approved by 

EPA and becomes effective. (See CAA 

sections 129(e), 503(c), 503(d), and 

502(a) and 40 CFR 70.5(a)(1)(i) and 

71.5(a)(1)(i).) 

If your OSWI unit is subject to title V 

as a result of some triggering 

requirement(s) other than those 

mentioned above (for example, an OSWI 

unit may be a major source or part of a 

major source), then your unit may be 

required to apply for a title V permit 

prior to the deadlines specified above. If 

more than one requirement triggers a 

source’s obligation to apply for a title V 

permit, the 12-month time frame for 

filing a title V permit application is 

triggered by the requirement that first 

causes the source to be subject to title 

V. (See CAA section 503(c) and 40 CFR 

70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and 

(b), and 71.5(a)(1)(i).) 

For additional background 

information on the interface between 

CAA section 129 and title V, including 

EPA’s interpretation of section 129(e), 

information on updating existing title V 

permit applications and reopening 

existing title V permits, see the final 

Federal Plan for Commercial and 

Industrial Solid Waste Incinerators, 

October 3, 2003 (68 FR 57518, 57532). 

IV. Rationale for the Proposed Rules 

A. How Did EPA Determine Which 

Pollution Sources Would Be Regulated 

Under the Proposed Rules? 

Section 129(a) of the CAA requires the 

promulgation of standards for several 

categories of solid waste combustion 

units, including units combusting 

municipal waste; units combusting 

hospital, medical and infectious waste; 

units combusting commercial or 

industrial waste; and unspecified ‘‘other 

categories of solid waste incineration 

units.’’ The subject of the proposed 

rules is the unspecified other categories 

of solid waste incineration units. 

One important part of EPA’s 

rulemaking process is determining what 

universe of sources will be subject to 

regulation. With regard to OSWI units, 

the statutory provisions of CAA sections 

129(a), (g) and (h) make it clear that EPA 

must determine, as a part of the 

regulatory process, (1) where to draw 

the line between combustion units 

potentially subject to regulation under 

CAA section 129 and combustion units 

potentially subject to regulation under 

other statutory authority (such as CAA 

section 112(d)), and (2) to which 

categories of solid waste combustion 

units the standards for ‘‘other categories 

of solid waste incineration units’’ apply. 

For example, the reference in CAA 

section 129(g)(1) to a permit issued 

under section 3005 of the SWDA, refers 

to units burning hazardous solid waste. 

This effectively limits the scope of 

EPA’s authority under CAA section 129 

to the regulation of solid waste 

incineration units that burn 

nonhazardous solid waste. Similarly, 

the language of CAA section 129(h) 

makes clear the Congressional intent for 

CAA regulation under CAA section 129 

or CAA section 112 to be mutually 

exclusive. Accordingly, sources subject 

to CAA section 112 standards do not 

constitute OSWI (the dividing line 

between boilers regulated under CAA 

section 112 and OSWI is discussed in 

detail below). Absence of regulation 

under CAA section 112, however, is not 

determinative of what constitutes an 

OSWI unit. Inherent in EPA’s 

implementation of CAA section 129 is 

the discretion to reasonably define what 

constitutes the statutorily undefined 

other categories of solid waste 

incineration units and to determine 

which of these other units warrant 

regulation under CAA section 129.

In response to the requirement to 

publish a schedule for regulation of 

other categories of solid waste 

incineration units, a Federal Register

notice (58 FR 31358, June 2, 1993) was 

published that proposed a regulatory 

schedule and a draft list of potential 

subcategories for consideration of 

regulation under OSWI standards. After 

receiving comments on the June 1993 

notice, another Federal Register notice 

(58 FR 58498, November 2, 1993) was 

published to include comments 

received on the draft category list and 

proposed regulatory schedule. The 

November 1993 notice listed the 

following potential subcategories of 

OSWI: 

(1) Very small municipal waste 

combustion units; 

(2) Residential incinerators; 

(3) Agricultural waste incinerators; 

(4) Wood waste incinerators; 

(5) Construction and demolition waste 

incinerators; 

(6) Crematories; and 

(7) Contaminated soil treatment 

facilities. 

A third Federal Register notice (65 FR 

67357, November 9, 2000) was 

published that revised the regulatory 

schedule. The third notice also noted 

that, as additional information is 

collected and assessed, EPA may add or 

delete subcategories within the OSWI 

category. 

Since publication of the third Federal 

Register notice, EPA has gathered 

additional information and updated the 

inventory of possible OSWI units 

through review of multiple Federal and 

State databases, literature and permit 

searches, and contacts with State 

agencies, incinerator manufacturers, 

trade associations, and other 

stakeholders. The following discussion 

details EPA’s current assessment of each 

of the seven potential subcategories 

previously identified as under 

consideration for regulation within the 

OSWI category. Eight additional 

subcategories EPA has considered for 

regulation within the OSWI category are 

also discussed. 

EPA recognizes that there are some 

subclasses of incinerators that we 

considered for regulation within the 

OSWI category that should be handled 

differently due to unusual 

circumstances (e.g., unique geographic 

or climatic factors, used only during 

emergencies) that would prevent those 

71478 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

incinerators from having the option of 

using an alternative waste disposal 

method that our assessment indicates 

would be lower in cost than complying 

with the proposed rule. We have 

attempted to address these subclasses of 

incinerators accordingly. It has come to 

our attention that there exists a subclass 

of IWI that burn national security 

documents and that this subclass should 

be considered for potential exclusion 

from regulation within the OSWI 

category. We specifically request 

comment on whether this is an 

appropriate subclass of incinerators for 

exclusion. 

We also request comment on whether 

other such subclasses may exist and the 

precise nature of any special and/or 

extenuating circumstances. Therefore, 

in order to make such a determination, 

the specific information that we are 

requesting from commenters includes 

unit location; unit capacity; age of unit; 

type of waste burned (e.g., paper waste, 

garbage, laboratory waste, etc.); amount 

of waste burned per week; frequency 

and hours of operation per week; unit 

design characteristics (e.g., single 

chamber, multi-chamber, presence of 

afterburner or control technology); an 

outline of routine maintenance activities 

to ensure good combustion within the 

unit; availability and description of test 

data; availability and cost of local 

commercial waste collection services; 

and potential economic burden 

associated with the proposed rule. In 

particular, we are interested in this 

information for very small units (e.g., 

IWI units with capacities less than 0.5 

ton per day). Finally, we request 

specific information on the nature (e.g., 

private or public elementary school, 

not-for-profit) and size (e.g., number of 

students, members, employees) of the 

institutions that own affected units, as 

well as their sources of funding (e.g., 

county, State, Federal, tuition fees), the 

size of their overall budget (or revenue 

for profit-making entities), and the 

current cost of waste disposal (including 

the operating, maintenance, and 

anticipated capital costs). 

1. Very Small Municipal Waste 

Combustion Units 

Section 129 of the CAA identifies and 

defines ‘‘municipal waste’’ as a distinct 

type of waste. The proposed rules adopt 

the CAA section 129 definition of 

municipal waste. Municipal waste, as 

defined in CAA section 129 and the 

proposed rules, is:

‘‘refuse (and refuse-derived fuel) collected 

from the general public and from residential, 

commercial, institutional, and industrial 

sources consisting of paper, wood, yard 

wastes, food wastes, plastics, leather, rubber, 

and other combustible materials and noncombustible materials such as metal, glass 

and rock, provided that: (A) The term does 

not include industrial process wastes or 

medical wastes that are segregated from such 

other wastes; and (B) an incineration unit 

shall not be considered to be combusting 

municipal waste for purposes of this subpart 

if it combusts a fuel feed stream, 30 percent 

or less of the weight of which is comprised, 

in aggregate, of municipal waste * * *.’’

Municipal waste, therefore, is waste that 

has been ‘‘collected from’’ various solid 

waste sources or generators.

Very small municipal waste 

combustion units are typically owned or 

operated by municipalities, such as 

towns, cities, or counties. The VSMWC 

units are units that are not covered by 

the other CAA section 129 MWC 

regulations for small (35 to 250 tpd) or 

large (greater than 250 tpd) MWC units 

already established (40 CFR part 60 

subparts Cb, Ea, Eb, AAAA, and BBBB). 

The EPA’s research indicates that, for 

the most part, VSMWC units are no 

longer economical and the majority of 

them have closed down. Vendors and 

State agencies have indicated that new 

purchases and installations of VSMWC 

units are extremely rare, and that no 

growth or negative growth is the 

expected trend for the future. However, 

the EPA was able to identify a small 

population of existing VSMWC units. 

As mentioned earlier, the larger MWC 

units (i.e., 35 tpd or greater) are already 

regulated. As a result, EPA is including 

VSMWC units as a subcategory of OSWI 

for regulation. 

2. Residential Incinerators 

The EPA’s research indicates that 

burning of household trash by 

individual households does not occur in 

conventional ‘‘incinerators,’’ but, rather, 

in burn barrels. Burn barrels are 

typically modified fifty-five gallon steel 

drums. They have no provisions for 

regulating air supply to the waste being 

burned and have no pollution control 

devices. They are typically used in rural 

areas where burning household trash 

may be viewed as more convenient than 

taking it to a landfill or having a waste 

management service collect it. 

If EPA were to regulate residential 

burn barrels as a subcategory of OSWI, 

the costs necessary to comply with the 

proposed rules would effectively rule 

out the use of burn barrels. Any 

regulation established under CAA 

section 129 requires that sources, at a 

minimum, undertake operator training, 

perform emissions testing, and complete 

permitting, monitoring, recordkeeping 

and reporting duties. The annual cost of 

these activities alone would add up to 

several thousands of dollars per year. As 

a result, regulation under section 129 

would effectively eliminate the use of 

residential burn barrels as a legal 

method of trash disposal. 

While this might, at first, seem a 

desirable outcome, in those rural areas 

where State and local governments have 

not provided appropriate alternatives, it 

could lead to even greater problems if 

residents turned to open burning, 

littering, or dumping. This could result 

because households that use burn 

barrels to dispose of waste may be 

located in areas where convenient waste 

disposal alternatives do not exist. As a 

result, if the use of burn barrels is 

effectively prohibited by Federal 

regulation, households could turn to 

disposing of trash along a roadside 

(littering), in a field or woodland, or 

resorting to open burning. Littering and 

dumping, besides being unsightly, pose 

significant other problems, such as 

potential contamination of streams or 

other water bodies, and attracting 

vermin and wild animals, which could 

contribute to disease transmission. 

Open burning presents the same air 

pollution problems as barrel burning 

and can lead to an increased likelihood 

of accidental fires. Therefore, Federal 

regulation of residential barrel burning 

could lead to a number of undesirable 

consequences where effective local 

alternatives do not exist. 

The EPA believes that its overriding 

responsibility must be to promote the 

use of environmentally sound integrated 

waste management practices. Effective 

management of the burning of 

household waste in rural areas will 

require the development of suitable 

waste disposal alternatives as well as 

the development of a public education 

effort to inform people of the 

environmental impacts associated with 

barrel burning and open burning. It 

should be noted that regulating open 

burning is beyond the scope of CAA 

section 129, since open burning is not 

done in an incinerator. Most 

importantly, because uncontrolled 

burning of household waste occurs in 

millions of households across rural 

America, programs to reduce or 

eliminate this practice can only be 

effectively managed at the local level 

through the development of locally 

based solutions that combine public 

education, with the development of 

local infrastructure for waste disposal. 

In many areas it will also require 

establishing additional State and local 

ordinances, and locally managed 

compliance programs. Many of these 

concerns are well beyond the scope of 

the CAA. 

Given the highly varied nature of 

local government, large differences in 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71479

existing waste management 

infrastructure and economic resources, 

differences in rural population density, 

and regional differences in practices and 

attitudes towards waste management, 

EPA has concluded that adoption of 

Federal regulations that would mandate 

use of a uniform set of waste 

management practices does not appear 

to be practical. The EPA has chosen, 

instead, to develop technical assistance 

to help states and localities design and 

develop waste management programs 

tailored to the unique needs and 

constraints individual communities 

face. As a result, EPA has decided not 

to include residential incinerators (i.e., 

burn barrels) as a subcategory of OSWI 

for regulation.

To provide additional information 

about EPA’s back yard burning 

activities, EPA has developed a back 

yard burning Web site, (http://

www.epa.gov/msw/backyard), which 

includes background information, 

access to available publications, and 

links to related Web sites. 

3. Agricultural Waste Incinerators 

Agricultural residue combustion units 

are primarily those units that are 

burning rice hulls, bagasse (pressed 

sugar cane), and other types of biomass. 

The EPA’s information collection 

efforts, however, indicate that, when 

burned, these agricultural residues are 

used as boiler fuel. As such, the boiler 

is regulated under the boilers NESHAP, 

a CAA section 112 regulation (69 FR 

55218, September 13, 2004). Since 

sources regulated under CAA section 

112 cannot be regulated by CAA section 

129 also, these sources would not be 

subject to the proposed rules. 

Manure and livestock bedding 

material are also considered a type of 

agricultural residue, and any 

combustion unit burning these materials 

could potentially be considered an 

agricultural residue combustion unit. 

However, EPA was unable to identify 

any such incinerators, and has 

encountered only anecdotal evidence 

and proposals for manure combustion 

units. In addition, these proposed units 

are planned as boilers for energy 

production and, if built, would likely be 

‘‘qualifying small power producing 

facilities,’’ which are excluded from the 

definition of ‘‘solid waste incineration 

unit’’ in CAA section 129. Therefore, 

EPA is not including them as a 

subcategory of OSWI for regulation at 

this time. 

4. Wood Waste Incinerators 

As noted in a previous Federal 

Register notice (65 FR 67357, November 

9, 2000), EPA did not anticipate the 

discovery of many wood residue 

combustion units that were not already 

covered by other rules. The EPA was 

unable to locate and identify any wood 

residue combustion units that are not 

covered by other regulations. 

Information collection efforts indicate 

that wood residue is combusted as a fuel 

in boilers or process heaters. In these 

situations, the boilers NESHAP under 

CAA section 112 will regulate these 

combustion units. To the extent that 

there are any incinerators that burn 

wood residue, they are located at sites 

considered to be commercial or 

industrial sites, and are properly 

covered by the CISWI NSPS and 

emission guidelines. Therefore, EPA is 

not including wood residue combustion 

units as a subcategory of OSWI for 

regulation at this time. 

5. Construction and Demolition Waste 

Incinerators 

Like some of the other potential OSWI 

subcategories, EPA was unable to locate 

and identify any construction or 

demolition materials combustion units. 

Construction and demolition materials 

contain cement, concrete, gypsum and 

other non-combustible items. As a 

result, construction and demolition 

materials are landfilled rather than 

burned. In addition to this, there 

appears to be a trend in minimizing 

construction site waste generation and 

recycling of construction and 

demolition materials for use in other 

products (e.g., asphalt, mulch, soil 

amendment, etc.) or structures (e.g., use 

of ‘‘antique’’ or ‘‘restored’’ woodwork or 

fixtures in newly constructed buildings 

or residences). 

Since EPA has been unable to identify 

any construction and demolition 

materials combustion units and does not 

anticipate a future growth of these types 

of units, EPA is not including the 

construction and demolition materials 

combustion units as a subcategory of 

OSWI for regulation at this time. 

6. Crematories 

Crematories are used to incinerate 

either human or animal remains. For the 

purposes of this discussion, EPA 

differentiates between human and 

animal crematories. 

a. Human Crematories. As mentioned 

previously, CAA section 129 regulations 

deal solely with solid waste combustion 

units. In considering the nature of 

human crematories since the previous 

OSWI Federal Register notices were 

published, EPA has come to the 

conclusion that the human body should 

not be labeled or considered ‘‘solid 

waste.’’ Therefore, human crematories 

are not solid waste combustion units, 

and are not a subcategory of OSWI for 

regulation. If EPA or States determine, 

in the future, that human crematories 

should be considered for regulation, 

they would be addressed under other 

authorities. 

b. Animal Crematories. Animal 

crematories are those used to dispose of 

animal carcasses at places like 

veterinary clinics, animal control 

facilities, universities and research 

institutions, pet cremation services, and 

livestock farms such as poultry and 

swine farms. From the information EPA 

has gathered, the emissions from these 

units are very low when compared to 

other solid waste combustion units. The 

emissions levels from uncontrolled 

animal crematory units are, in fact, less 

than emissions after controls from other 

types of incinerators that are regulated, 

such as MWC units and HMIWI units. 

This is because operation of these units 

involves incineration of animal or 

pathological tissue, which consists 

primarily of water, with negligible or no 

other materials, such as plastic, wood, 

metals, etc. Furthermore, the units are 

typically very small and operated only 

a few hours a week.

In addition to the low emissions from 

these units, EPA is also concerned about 

biosecurity within the agricultural 

sector. Incineration of diseased animals 

is often necessary to prevent the spread 

of infectious diseases. Research within 

the agricultural community has shown 

that vehicles traveling among farms to 

collect dead animals for off-site disposal 

are significant disease transmission 

vectors. Thus, on-site incineration is 

often a preferred method of animal 

carcass disposal, since it carries no risk 

of disease transmission between farms. 

If EPA were to impose regulations that 

discouraged incineration relative to 

rendering (which, for economic reasons, 

requires that trucks travel between 

farms to pick up animal carcasses), there 

could be an increase in disease 

transmission and mortality along with 

the corresponding economic impacts on 

farmers. 

In many areas there is also a lack of 

reasonable and economic alternatives 

(e.g., rendering, composting, burial) to 

incineration. For example, burial is 

often prohibited due to water quality 

concerns and the potential for pathogen 

contamination. Therefore, any 

regulation that adds to the costs of 

operating an animal incinerator would 

mean additional costs to farmers in 

areas without disposal alternatives. 

Taking these concerns into account, 

EPA has determined that the adverse 

impacts associated with regulation of 

animal crematories outweigh the 

benefits of regulation and these units are 

71480 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

1Other such units might be subject to regulation 

under any number of other EPA regulations, such 

as: Regulations promulgated pursuant to CAA 

section 112(k) to control emissions from industrial, 

commercial and institutional boilers that are area 

sources; and various other regulations developed 

under CAA section 112 which cover combustion 

units burning solid materials to recover their 

chemical or other material constituents.

not included as a subcategory of OSWI 

for regulation at this time. 

7. Contaminated Soil Treatment 

Facilities 

When looking into these types of 

units, EPA discovered a wide variety of 

treatment methods as well as a wide 

variety of facilities at which 

remediations were being carried out. 

The methods can be carried out either 

in-situ (e.g., air-sparging) or ex-situ (e.g., 

thermal desorption). Most treatment 

methods do not involve any type of 

combustion. Two methods involve some 

type of combustion device: (1) 

Incineration, where the soil is extracted 

and then burned to combust the 

contaminants; and (2) thermal 

desorption, where the contaminated soil 

is heated (not burned) to drive off 

contaminant vapors. Non-combustion 

treatments are far more popular, and 

incineration is very rarely used. 

Typically, contaminants being 

removed from the soil are either 

hazardous wastes or petroleum products 

leaked from underground storage tanks 

(UST). Hazardous waste soil treatment 

units are covered under Resource 

Conservation and Recovery Act (RCRA) 

subtitle C programs. Petroleum products 

being removed from soil at small UST 

site remediations are subject to RCRA 

subtitle I. The few site remediation sites 

EPA had identified for possible 

regulation under OSWI were, as 

discovered through State contacts, 

regulated under RCRA subtitles C or I. 

If a unit is subject to RCRA subtitle C, 

it is treating hazardous waste. 

Hazardous waste incinerators are 

exempt from CAA section 129 

regulation. 

Subtitle I of RCRA, which covers 

petroleum products coming from UST, 

specifies stringent site-specific 

environmental safeguards. Since each 

site and the remediation thereof may 

require different treatment methods, 

subtitle I is designed to ensure a high 

degree of pollution control for a variety 

of possible treatment options and a high 

degree of local regulatory and citizen 

involvement in selecting the use of 

equipment and environmental 

safeguards. At major sources, any site 

remediation activity would be covered 

by the CAA section 112 NESHAP for 

site remediations. As mentioned before, 

any source regulated under CAA section 

112 is not subject to CAA section 129. 

Therefore, after assessing the 

information available on soil treatment 

facilities and units, EPA has determined 

that these units are regulated elsewhere. 

As a result, EPA is not including 

contaminated soil treatment facilities as 

a subcategory of OSWI for regulation. 

8. Institutional Waste Incinerators 

When reviewing the information 

gathered on potential subcategories of 

OSWI, EPA identified IWI as a type of 

unit that is not regulated under other 

rules and should be regulated under the 

proposed rules. The OSWI inventory 

shows over 350 incineration units 

located at institutions. However, EPA 

considers this a significant overestimate 

of the number of IWI units. The EPA’s 

inventory information is several years 

old (in some cases, as much as 5–10 

years old), and research indicates that 

the population of these types of units 

has been declining for years. As a result, 

EPA considers it likely that the actual 

population of IWI units actually 

operating today could be half, or 

possibly less, of what is shown by our 

inventory. 

The inventory information shows that 

these IWI units are located at a variety 

of facilities, including schools, 

universities, prisons, military bases, 

government facilities, churches, and 

other institutions, and that they burn 

solid materials that are generated on 

site, such as paper, packaging, food 

waste, rubbish, and garbage. They are 

not part of the VSMWC category, 

because the definition of ‘‘municipal 

waste’’ in CAA section 129 is waste 

‘‘collected from’’ establishments, 

whereas these IWI units burn only waste 

generated on site.

Moreover, these units are not covered 

under the CISWI rules, because CAA 

section 129 limits CISWI to commercial 

and industrial establishments, and does 

not include institutions. Therefore, EPA 

proposes to regulate IWI as a 

subcategory of OSWI. 

Note that under the CAA section 129 

definition of ‘‘municipal waste,’’ small 

incinerators that are located at 

commercial businesses (such as stores 

and restaurants) or industrial sites and 

that burn solid materials generated on 

site are not MWC units because they do 

not burn waste which has been 

‘‘collected from.’’ As mentioned above, 

such units are properly covered under 

the CISWI rules, because of their 

location at commercial or industrial 

establishments. 

As mentioned previously, one 

important part of EPA’s rulemaking 

process is determining what universe of 

sources to subject to a regulation. The 

statutory provisions of CAA sections 

129(a) and (h) make it clear that EPA 

must determine, as part of the regulatory 

process, where to draw the line between 

combustion units regulated under CAA 

section 129 and combustion units 

subject to regulation under other 

statutory authority, such as CAA section 

112. The language of CAA section 

129(h) makes clear the Congressional 

intent that nonhazardous combustion 

sources not be regulated under both 

CAA section 129 and CAA section 112. 

Thus, for the IWI subcategory of OSWI, 

EPA must determine which sources to 

include in the subcategory, and which 

sources to regulate under CAA section 

112 (e.g., boilers). For example, 

institutional boilers burning solid 

materials are already regulated under 

CAA section 112 by the boilers NESHAP 

(40 CFR part 63, subpart DDDDD).1

Many of the combustion units at 

institutional facilities (e.g., boilers or 

steam generating units, heaters, and 

incinerators) burn ‘‘solid’’ materials. If 

the solid materials in question are 

considered institutional waste, the units 

would be regulated as part of OSWI 

under CAA section 129. Conversely, if 

the materials are not considered 

institutional waste (e.g., they are 

hazardous solid waste, fuel, solid 

materials burned for chemical or 

material recovery, etc.), the units would 

not be regulated under CAA section 129 

but may be regulated under other 

statutory authority. Thus, collectively, 

in the process of developing the 

proposed rules, developing the boilers 

NESHAP (already promulgated), 

developing rules for area source boilers, 

promulgating requirements for electric 

utility steam generating units, and 

establishing rules applicable to other 

combustion sources, EPA will map the 

regulatory boundaries that identify 

which units are subject to which 

requirements.

The process of determining the 

regulatory applicability of different 

rules is not unique to the OSWI 

category. In fact, EPA is addressing 

similar issues in the CISWI category (see

69 FR 7390, February 17, 2004) and in 

connection with the boilers NESHAP. 

The identification of the scope of one 

rule does not necessarily define the 

scope of another, or preclude EPA from 

adjusting the regulatory division in a 

subsequent rule. 

To define IWI units, the proposed 

rules include definitions of solid waste, 

institutional waste, and IWI units. The 

definition of solid waste, for the 

purposes of the proposed rules, is 

consistent with the SWDA definition 

and EPA’s existing regulatory 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71481

2 In many cases, such as MWC units and HMIWI 

units, the identification of the relevant wastes and 

the relevant units is sufficiently clear that EPA need 

not address the issue at length in its rule. Indeed, 

CAA section 129 provides specific guidance for 

EPA’s definitions of municipal waste and medical 

waste, as well as municipal waste incineration 

units. See CAA section 129(g)(5) and (6). In 

addition, there is broad and general agreement 

between EPA, the regulated community, and other 

stakeholders regarding what materials are 

municipal waste and hospital, medical and 

infectious waste, and which combustion units 

belong in the respective regulatory categories.

3These units are often referred to as incinerators 

with waste heat recovery units or incinerators with 

waste heat boilers.

definitions. It serves to define 

nonhazardous solid waste. The 

definition of ‘‘institutional waste’’

distinguishes between institutional 

waste and solid materials that should 

not be considered institutional waste, as 

well as between IWI units and non-IWI 

combustion units. This distinction is 

particularly difficult for institutional 

units.2 For example, there is general 

agreement that the coal burned in a 

coal-fired boiler or steam generating 

unit is not a solid waste because coal is 

commonly thought of as a fuel. Coal is 

considered a fuel because it is 

customarily burned to recover energy 

(i.e., heat) for some useful purpose such 

as to heat water or generate steam for 

space heating or other purposes. 

However, there is no such general 

agreement, for example, about a solid 

material such as paper generated on site 

at an institution when it is burned in a 

boiler at that institution to heat a 

building.

From EPA’s point of view, the nature 

of a material that is burned in a unit at 

an institutional facility is less important 

than how the material is burned. In the 

example, paper is burned to generate the 

heat necessary to heat a building. If the 

paper were not burned to generate this 

heat, then the facility would instead 

burn another material such as coal. Like 

the coal, the paper is burned for a useful 

purpose—to heat the building. 

Therefore, it is reasonable to consider 

the paper in this second example, as the 

coal in the first example, to be a solid 

fuel and distinct from institutional 

waste. Thus, for purposes of 

distinguishing institutional waste from 

solid fuel, its status is determined by its 

use, as well as by its nature. 

Alternatively, if the paper were burned 

in a combustion unit without heat 

recovery, its combustion would serve no 

useful purpose other than to effectuate 

destruction or disposal of an unwanted 

material. The EPA would then consider 

it appropriate to identify the paper as 

institutional waste, and regulate the 

combustion unit as an IWI unit under 

the proposed rules. Similarly, if a 

material (that is not hazardous waste) is 

burned in a combustion unit at an 

institutional facility with heat recovery, 

for reasons that do not include the 

recovery of heat for useful purposes, 

that material would be institutional 

waste and the unit would be an IWI unit 

and would be regulated under the 

proposed rules. Thus, in general, if a 

solid material (which is not a hazardous 

solid waste) is burned with heat 

recovery at an institutional facility to 

generate heat for a useful purpose, it is 

appropriate to consider that material not 

to be institutional waste, and not to 

regulate the device as an OSWI unit 

under CAA section 129. See the recent 

CISWI notice (69 FR 7390, February 17, 

2004) for additional rationale for EPA’s 

discretion to develop definitions under 

CAA section 129 that distinguish 

between solid waste incineration units 

and other combustion units. 

The EPA has determined that for 

purposes of the IWI subcategory of 

OSWI units, the critical consideration in 

determining whether the unit is burning 

institutional waste is the primary 

function of the combustion unit; and the 

primary indicator of function is whether 

or not a unit is designed and operated 

to recover heat for a useful purpose. 

That is, if the unit located at an 

institutional facility combusts material 

without heat recovery (functions 

primarily as an incineration unit), then 

the material burned in that unit is 

institutional waste. Similarly, if a 

material is burned in a unit at an 

institutional facility for reasons that do 

not include the recovery of heat for 

useful purposes, that material is 

institutional waste and the unit is an 

IWI unit. However, if the unit combusts 

material with heat recovery for a useful 

purpose, then the material burned is not 

institutional waste, and the combustion 

unit would not be subject to the 

proposed rules. By specifically defining 

IWI units to include only units that 

behave like incinerators, EPA can 

appropriately identify the scope of 

regulation of combustion units at 

institutional facilities under CAA 

section 129.

In addition to units that combust 

materials without heat recovery, the 

definition of institutional waste in the 

proposed rules also includes materials 

that are burned in a unit at an 

institutional facility that is followed by 

external waste heat recovery only (i.e., 

no heat recovery in the combustion 

firebox). The boilers NESHAP covers 

combustion units at institutional 

facilities that burn solid materials and 

recover heat in the combustion firebox. 

Combustion units at institutional 

facilities that burn solid materials and 

do not recover heat in the combustion 

firebox, but do recover waste heat from 

the hot combustion gases following the 

combustion firebox, would not be 

covered by the boilers NESHAP. The 

EPA does not consider it appropriate to 

regulate such units as boilers.3

Incineration units are designed to 

discard materials by burning them at 

high temperatures and leaving as little 

residue as possible. Incineration units 

do not have heat recovery in the 

combustion firebox, but they may be 

followed by waste heat recovery units. 

Unlike a boiler (which is specifically 

designed to recover the maximum 

amount of heat from a material’s 

combustion), waste heat recovery units 

are designed to cool the exhaust gas 

stream from an incineration unit, and/

or to recover, indirectly, the useful heat 

remaining in the exhaust gas. The 

presence of a waste heat recovery unit 

on the exhaust gas does not change the 

fact that the unit combusting the 

material is primarily an incineration 

unit. Thus, a combustion unit with no 

heat recovery in the combustion firebox 

is still considered an incineration unit 

(i.e., used primarily to dispose of solid 

waste), whether the incineration unit is 

followed by a waste heat recovery unit 

or not. Such incineration units just 

happen to have an external device (the 

waste heat recovery unit) that is 

recovering some of the waste heat from 

the incineration unit’s exhaust gas. 

Therefore, IWI units are those units that 

combust materials with only waste heat 

recovery (i.e., no heat recovery in the 

combustion firebox) or no heat recovery. 

9. Rural Institutional Waste Incinerators 

As discussed above, the OSWI 

inventory information shows slightly 

over 350 IWI. These units are located at 

a variety of institutions and burn solid 

waste materials generated on site, such 

as paper, packaging, food waste, 

rubbish, and garbage. About threequarters of these IWI appear to be 

located at primary and secondary 

schools although, as mentioned, EPA 

considers this a significant overestimate 

of the number of IWI. While many IWI 

appear to be located in areas one would 

consider suburban or urban, a number 

appear to be located in areas one might 

consider rural.

In suburban and urban areas, 

commercial waste collection/transport/

disposal services are widely available 

and, as a result, IWI in such areas have 

readily available alternatives to 

incineration (i.e., commercial waste 

collection/transport/disposal services). 

In many rural areas, however, such 

71482 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

services are often very limited and, in 

some cases, unavailable. Thus, EPA 

considers IWI located in rural areas (i.e., 

rural IWI) a distinct class of OSWI due 

to the lack of readily available 

commercial waste collection/transport/

disposal services. 

Because of the limited availability or 

even lack of such services, the only 

alternative to incineration for a rural 

IWI may be to transport their waste to 

a suburban or urban area, where such 

services are available. This, of course, 

would significantly increase the costs 

and, as such, EPA believes rural IWI 

merit separate consideration. 

Thus, EPA has assessed the increased 

costs for a rural IWI which may have no 

reasonable alternative to incineration 

other than to transport their waste to a 

suburban or urban area. Based on this 

assessment, EPA concludes that such 

costs become significant when transport 

distances exceed 50 miles. 

As mentioned above, the class of rural 

IWI consist primarily of incinerators 

located at primary or secondary schools 

in rural communities. In such 

communities, the local tax base 

supporting the school system is limited. 

School budgets are often stretched to the 

breaking point and unable to provide 

more than the minimum and bare 

essentials. In such an environment, a 

significant increase in solid waste 

disposal costs would impose an 

additional economic burden, which 

EPA concludes is unreasonable. For this 

reason, EPA has decided to exclude 

rural IWI. 

To achieve this end, EPA has defined 

a rural IWI as an IWI located more than 

50 miles from the boundary of the 

nearest Metropolitan Statistical Area 

(MSA). The Office of Management and 

Budget identifies areas classified as 

MSA and these areas are considered by 

EPA as suburban or urban areas. Thus, 

defining a rural IWI as an IWI located 

more than 50 miles from the boundary 

of the nearest MSA serves the objective 

of identifying those IWI located in rural 

areas where commercial waste 

collection/transport/disposal services 

may not be readily available or available 

at all, as well as identifying the 

maximum reasonable transport distance 

for an IWI to transport their waste to 

areas where such services are readily 

available. 

10. Air Curtain Incinerators 

Air curtain technology covers a wide 

variety of combustion equipment 

designs. For example, all air curtain 

units contain a fan and ductwork 

necessary to develop the ‘‘air curtain.’’

However, some units are designed to 

carry out waste combustion within a 

partially enclosed firebox (e.g., floor and 

walls, but open on top), while other 

designs may not involve a ‘‘firebox,’’ per 

se. These other designs consist only of 

a fan and ductwork to provide the ‘‘air 

curtain,’’ but the combustion is carried 

out in an earthen trench. The former are 

referred to as ‘‘firebox’’ units, and the 

latter are referred to as ‘‘trench 

burners.’’ For the purposes of the 

proposed rules, EPA is defining ‘‘air 

curtain incinerators’’ to include both 

types of units; firebox units as well as 

trench burners. Since air curtain 

incinerators could potentially be used 

for long-term municipal or institutional 

waste disposal, it makes sense to 

regulate them as OSWI units subject to 

the emission limits, operating limits, 

and other requirements of the proposed 

rules. Therefore, air curtain incinerators 

that otherwise meet the definition of 

OSWI would be regulated as OSWI. 

Note that, as required by CAA section 

129(g)(1), the proposed rules contain 

separate opacity requirements for air 

curtain incinerators burning only yard 

waste, wood waste, and clean lumber, 

and those units would not have to meet 

emission limits for the other CAA 

section 129 pollutants or the associated 

monitoring, recordkeeping and 

recording requirements. Air curtain 

incinerators that burn institutional or 

municipal waste, however, would have 

to meet all requirements of the proposed 

rules. Since air pollution control 

devices are unavailable for air curtain 

incinerators, this has the net effect of 

precluding the use of air curtain 

incinerators for burning municipal solid 

waste or institutional waste. 

11. Incinerators and Air Curtain 

Incinerators in Isolated Areas of Alaska 

There are locations in Alaska where 

limited options exist for solid waste 

disposal. These areas face unique 

situations that are not encountered 

elsewhere in the United States, and 

incinerators located in these areas merit 

special consideration. These are 

sparsely populated areas where access 

to a large MSW landfill or any other 

solid waste disposal option outside of 

the community is not available for all or 

part of a year. Within these areas, there 

are many isolated villages with small 

populations that have no road access. 

The only surface transportation in and 

out of many of these communities is 

barge traffic during the summer months. 

Other areas have roads that are not 

passable for much of the winter due to 

snow. In other cases, roads can be used 

in the winter when the rivers or streams 

that the road must cross are frozen, but 

the road is not available in the summer 

when the top layer of permafrost melts, 

turning the road into a bog. Rivers and 

streams without bridges thaw and 

become impassable. In such situations, 

there is no practical means of 

transporting waste. As a result, local 

waste management is the only option 

available to these communities. 

In addition to the unavailability of 

waste transportation options, climatic 

conditions can make effective local 

landfilling difficult or even technically 

infeasible. These areas experience 

extended subfreezing conditions for the 

duration of the winter. In the summer 

months, the top layer of permafrost 

melts, turning potential waste disposal 

areas into bogs. Operation of a 

conventional landfill is extremely 

difficult under both weather extremes. 

In addition, adequate landfill cover 

material is unavailable in many areas. If 

waste is simply placed outside in a 

dump with no or insufficient cover 

material, it can attract birds and wild 

animals (such as bears and foxes) that 

can threaten villagers or spread disease. 

Waste burning in these remote Alaskan 

locations has the added benefits of 

decontaminating the waste, making the 

waste less attractive to wild animals, 

reducing the problem of blowing litter, 

and minimizing the generation and 

impacts of leachate.

In some Alaskan villages, incineration 

is used in conjunction with landfilling. 

In these areas, land that is physically 

suitable for a landfill is extremely 

scarce, so waste volume reduction is 

important to the village to prolong the 

life of the landfill. Alaskan villages may 

utilize waste segregation and recycling 

programs to reduce waste streams, but 

burning the remaining waste is also 

important to further reduce the waste 

volume and prolong the useful life of 

the local landfill. 

Under authority of the SWDA, 

Alaskan State codes define landfills 

serving small populations in isolated 

areas with no access to a regional waste 

management facility for 3 or more 

months per year as ‘‘Class II’’ or ‘‘Class 

III’’ depending on size and accessibility 

constraints. Disposal sites classified as 

Class II or III experience the solid waste 

disposal challenges outlined in the 

previous paragraphs and incineration is 

common at these facilities. 

As the previous discussion details, 

the challenges to the use of 

environmentally sound waste 

management practices at these remote 

Alaskan communities make incineration 

an essential component to their waste 

management system. Any CAA section 

129 regulation imposed on incineration 

units used at these Class II or Class III 

facilities in Alaska, however, would 

effectively preclude use of incinerators. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71483

Even a minimal rule that did not require 

new air pollution controls would make 

the cost of incineration prohibitively 

expensive, because CAA section 129 

rules must contain testing, permitting, 

monitoring, recordkeeping, and 

reporting requirements. These 

requirements would easily double or 

triple the cost of operating an 

incinerator. These small Alaskan 

villages would not have the economic 

resources to comply with a regulation 

and would likely cease operating 

incineration units in response to any 

regulation. 

The potential implications of the 

cessation of incineration at these Class 

II and Class III facilities include the 

rapid exhaustion of available landfill 

capacity, increased transmission of 

disease, increased threats from wild 

animals, and an increase in open 

burning. Therefore, EPA considers it 

important to preserve incineration as a 

waste disposal option for Class II and III 

facilities in Alaska. The EPA’s 

consideration of the solid waste 

disposal options available at Class II and 

III facilities in Alaska shows an adverse 

environmental result from any action 

that would preclude or build barriers to 

incineration within these areas. 

For these reasons, EPA has decided to 

exclude incinerators and air curtain 

incinerators used at solid waste disposal 

sites in Alaska that are classified as 

Class II or Class III facilities. 

12. Incinerators Located on Remote 

Islands 

The EPA recognizes that certain 

islands, Guam, American Samoa, the 

Virgin islands, and the Commonwealth 

of the Northern Mariana Islands, may 

lack suitable alternative disposal 

methods and find the cost of having 

sources comply with the proposed rules 

prohibitive. The EPA is not proposing 

an exclusion or exemption for such 

sources, but draws the attention of these 

islands to CAA section 325, which 

permits EPA to grant an exemption from 

CAA section 129 requirements upon 

petition of the ‘‘Governor’’ of one of 

these islands. The EPA would respond 

favorably and promptly to any such 

properly supported petition. 

13. Temporary-Use Incinerators Used in 

Disaster or Emergency Recovery Efforts 

The EPA realizes that in certain 

catastrophic situations, an incinerator 

may be a very useful tool in the recovery 

process. Clean-up and recovery efforts 

after disasters such as floods, tornados, 

or hurricanes are examples of situations 

where an incinerator may be useful. In 

these situations, quick removal of debris 

is of utmost importance to maintain 

public health and safety. Likewise, 

bioterrorist activities may warrant the 

immediate destruction of contaminated 

materials, in which case an incinerator 

may be best suited to perform the task. 

In these situations, the incinerator is 

used at a site only long enough to 

complete the recovery tasks, and is not 

used as a long-term waste disposal 

device. Accordingly, EPA considers that 

regulations imposed on incinerators 

temporarily used to recover from an 

emergency or disaster could perhaps 

hinder the recovery efforts, and this 

impact would outweigh any benefits 

possible under regulation of the units. 

To address this, EPA has included an 

exclusion for temporary-use incinerators 

used in disaster or emergency recovery 

efforts from regulation under OSWI. 

This exclusion applies to temporaryuse incinerators used in recovery efforts 

at local, State and Federally-declared 

disasters or emergencies. If the 

incinerator is used for recovery efforts 

in an area declared by the State as a 

State of Emergency, or that the President 

has declared, under the authority of the 

Stafford Act, a major disaster or 

emergency, then it would be excluded 

from regulation under OSWI for as long 

as required by the recovery effort. 

However, if the disaster or emergency 

has not been declared a State of 

Emergency or a major disaster or 

emergency, then the exclusion would 

apply to temporary-use incinerators 

used in recovery efforts at one location 

for 8 weeks or less. If the disaster 

recovery efforts are expected to take 

longer, the owner/operator of the unit 

would be required to submit a 

notification to the Administrator 

requesting approval to continue 

operating for a longer period of time. 

The incinerator may then be used for an 

additional 8 weeks at the same location 

while the Administrator reviews the 

request. After that time period the 

incinerator must cease operations or 

comply with the proposed rules unless 

the Administrator approves the request 

to operate at the location for a longer 

period of time. 

14. Units that Combust Contraband or 

Prohibited Goods 

The EPA realizes that government 

agencies sometimes must resort to 

incineration to destroy illegal drugs and 

items that are prohibited in all or 

portions of the U.S. due to biosecurity 

reasons. For example, few options other 

than incineration exist for the 

destruction or disposal of marijuana and 

other drugs seized by the police. 

Landfill disposal is not adequate due to 

the risk of someone recovering the 

contraband after authorities have 

attempted to dispose of it. As another 

example, produce seized by customs 

agents at points of entry into the United 

States may be infected by pathogens or 

pests that could severely threaten the 

domestic agriculture industry. In these 

cases, complete destruction via 

incineration may be the preferred 

method of disposal of the contaminated 

produce.

In such situations, EPA does not want 

to hinder or deter the use of incinerators 

by the government agency if it is 

necessary to protect public health and 

safety. Therefore, EPA has chosen to 

exclude units operated by government 

agencies that combust only contraband 

or prohibited goods from the proposed 

rules. Note that if contraband or 

prohibited goods are combusted with 

other waste in a VSMWC unit or IWI 

unit, the unit would be covered by the 

proposed rules. 

15. Units That Combust Municipal 

Waste or Institutional Waste With Other 

Materials 

In the discussion above, EPA has 

assumed that units within a potential 

subcategory are burning only the 

material described (e.g., MSW, wood 

residue, contraband, etc.). As EPA has 

discussed, units at institutions burning 

institutional waste generated at that 

institution (IWI units) and VSMWC 

units would be subject to the emission 

limits and other requirements of the 

proposed rules. Any VSMWC or IWI 

unit that is also combusting other 

materials, such as contraband, 

agricultural residue, etc., described in 

this section of this preamble would be 

subject to the emission limits and other 

requirements of the proposed rules. For 

example, a VSMWC unit that is burning 

contraband along with municipal waste 

would be regulated under OSWI and 

would not qualify for the exclusion for 

units burning contraband. An 

incinerator that is burning only 

contraband would be excluded from the 

proposed rules. Similarly, an 

incineration unit that originally is 

excluded from regulation under OSWI, 

but subsequently burns municipal waste 

or institutional waste, would be subject 

to the emission limits and other 

requirements of the proposed rules. 

B. How Did EPA Select the Pollutants to 

be Regulated? 

The EPA selected emission limits for 

nine pollutants, as well as an opacity 

standard, for the proposed rules. As 

required by CAA section 129, the 

proposed rules would establish 

numerical emission limits for Cd, CO, 

dioxins/furans, HCl, Pb, Hg, opacity, 

NOX, PM, and SO2. 

71484 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

Section 129 of the CAA authorizes, 

but does not require, EPA to set limits 

for additional pollutants. The EPA has 

concluded that emission limits for 

additional pollutants are not needed 

because the emission limits for the nine 

listed pollutants ensure control of the 

other pollutants emitted by OSWI units. 

This decision is consistent with other 

CAA section 129 NSPS and emission 

guidelines (those for MWC units, 

HMIWI units, and CISWI units). The 

pollutants emitted by OSWI units fall 

into three general classes: Metals, 

organics, and acid gases. The limits for 

the nine pollutants, in conjunction with 

the combustor and control device 

operating parameter limits established 

by the regulations, would result in good 

control of all three classes of pollutants. 

The emission limits for PM, Cd, and 

Pb ensure that emissions of all nonvolatile metals are controlled. 

Cadmium, Pb, and other non-volatile 

metals are emitted as PM, and are 

removed by the same control devices 

that control PM emissions. The Cd, Pb, 

and PM limits would ensure that a wet 

scrubber or other control device is 

installed and operated in a manner that 

reduces emissions of all non-volatile 

metals. Mercury is the most volatile of 

the metals found in emissions from 

waste combustion units. If emission 

control devices meet the Hg limits, they 

would also be controlling any other 

volatile metals that may be present. 

Setting emission limits for additional 

metals would increase testing costs 

without obtaining any additional 

emissions reductions. 

The emission limits for CO and 

dioxins/furans ensure control of organic 

pollutant emissions. Carbon monoxide 

concentration is a good indicator of 

combustion efficiency and the 

destruction of organic compounds. 

Complete combustion, as indicated by 

low CO emission limits, results in low 

emissions of organic compounds. High 

levels of CO indicate poor combustion 

conditions that are likely to result in 

high levels of organic compound 

emissions. The combustion techniques 

employed to minimize CO emissions are 

the same as those that are used to 

minimize organic compound emissions. 

Therefore, the CO emission limit would 

ensure that organic compound 

emissions are reduced. 

Combustor load is also related to 

organic compound emissions. At loads 

above 100 percent, PM carryover could 

increase, and incinerator residence 

times could decrease, contributing to 

increased emissions of organic 

compounds including dioxins/furans. 

The proposed rules include a maximum 

charge rate operating limit, which 

would help achieve good control of 

organic pollutants. Dioxins/furans are a 

type of organic pollutant that is of 

particular health concern, and they can 

form on fly ash in the presence of 

oxygen at temperatures in the range of 

250° to 400 °C (480° to 750 °F). Rapid 

flue gas cooling, for example by a wet 

scrubber, avoids dioxins/furans 

formation by this method. The specific 

emission limits for dioxins/furans 

would ensure that dioxins/furans 

emissions are minimized and, along 

with the CO and operating limits, would 

also result in the incinerators and 

control devices being designed and 

operated in a way that reduces 

emissions of other organic pollutants.

The emission limits for SO2 and HCl 

would result in control of acid gases. 

Sulfur dioxide and HCl constitute the 

majority of acid gas emissions from 

waste combustion units. The same 

control technologies that reduce 

emissions of SO2 and HCl, such as wet 

scrubbing, also remove emissions of any 

other acid gases. The SO2 and HCl 

emission limits would ensure that the 

devices that control these two pollutants 

and other acid gases are installed and 

operated in a manner that reduces 

emissions. 

The proposed rules require 

continuous monitoring of selected 

operating parameters to ensure that the 

control devices are continuously 

operated in the manner intended and 

result in continuous emissions 

reductions of PM and metals, organic 

pollutants, and acid gases. In summary, 

emission limits for other pollutants are 

not necessary because the emission 

limits for the nine pollutants would 

result in control of the other pollutants 

emitted by OSWI units. 

C. How Did EPA Select the Format for 

the Proposed Rules? 

The EPA selected an outlet 

concentration format for each pollutant 

because outlet data are available for 

combustion units using the control 

technologies that are the basis of the 

MACT emission limits. All 

concentration limits are corrected to 7 

percent oxygen to provide a common 

basis. Opacity requirements are 

proposed on a percentage basis. The 

individual limits for each pollutant 

reflect the achievable performance of 

units using the MACT controls. The 

units of measure for each of the 

pollutants are consistent with other 

CAA section 129 rules and with the 

available data. 

For regulating Cd, Pb, and Hg, the 

proposed numerical concentration 

limits are in units of μg/dscm. For total 

PM, the proposed concentration limits 

are in units of gr/dscf. Dioxins/furans 

emission limits are in units of total ng/

dscm (total mass basis), based on 

measuring emissions of each tetrathrough octa-chlorinated dibenzo-pdioxin and dibenzofuran and summing 

them. For CO, HC1, NOX, and SO2, the 

proposed rules are volume 

concentrations (ppmdv). 

In addition to numerical emission 

limits, the proposed rules include siting 

requirements (for new sources only) and 

operator training and qualification 

provisions as required by CAA section 

129. Owners or operators of OSWI units 

would also be required to prepare a 

waste management plan. 

D. How Did EPA Determine the 

Proposed Emission Limits for New OSWI 

Units? 

All standards established pursuant to 

CAA section 129 must reflect MACT, 

the maximum degree of reduction in 

emissions of air pollutants that the 

Administrator, taking into consideration 

the cost of achieving such emission 

reduction, and any non-air quality 

health and environmental impacts and 

energy requirements, determines is 

achievable for each category. The CAA 

also specifies that the degree of 

reduction in emissions that is deemed 

achievable for new OSWI units must be 

at least as stringent as the emissions 

control that is achieved in practice by 

the best-controlled similar unit. This 

requirement constitutes the MACT 

‘‘floor’’ for new OSWI units and EPA 

may not consider costs or other impacts 

in determining the MACT floor. The 

EPA may require a greater degree of 

reduction in emissions that is more 

stringent than the MACT floor (beyondthe-floor) if the Administrator considers 

the cost, environmental, and energy 

impacts to be reasonable. 

Section 129(c) of the CAA specifies 

that standards ‘‘shall be based on 

methods and technologies for removal 

or destruction of pollutants before, 

during, or after combustion.’’ In 

determining the MACT floors and 

MACT, EPA considered source 

reduction and materials separation as 

potential methods of reducing 

pollutants before combustion. The EPA 

determined that the variable and 

heterogeneous nature of municipal solid 

waste and the site-specific and diverse 

nature of institutional waste make 

reliable quantification of emissions 

reductions associated with removal of 

various materials technically infeasible 

for the OSWI unit population. Each 

OSWI unit combusts a unique mixture 

of materials and, therefore, a single 

materials separation approach would 

not suffice for all OSWI units. Instead,

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71485

the EPA would require a site-specific 

waste management plan for each OSWI 

unit that identifies the feasibility and 

methods to reduce or separate 

components of solid waste from the 

waste stream to reduce toxic emissions 

from incineration of waste, as discussed 

later in this preamble.

In developing the MACT floors and 

MACT, EPA also considered methods 

for destruction of pollutants during 

combustion. The MACT floors and 

MACT are based on emission data for 

well-designed and well-operated 

combustion units, and the CO emission 

limits would assure proper operation of 

the combustor, which minimizes 

emissions of organic pollutants. 

Technologies for control of pollutants 

after combustion were also considered 

as described in the following 

discussions of the VSMWC and IWI unit 

MACT floors and beyond-the-floor 

alternatives. 

For the proposed rules, we 

determined the new source MACT 

floors and MACT separately for the two 

subcategories of OSWI—the VSMWC 

subcategory and the IWI subcategory. 

Because there are similarities in unit 

size, design, and operation between the 

two subcategories, we request public 

comment on whether we should 

combine the two subcategories and 

determine a single new source MACT 

floor and a single set of new source 

MACT emission limits for the OSWI 

category as a whole. If the subcategories 

were combined, then we would use any 

available data for OSWI units 

(regardless of whether they are VSMWC 

or IWI units) to determine the MACT 

floor and MACT for the OSWI category. 

1. How Did EPA Determine the MACT 

Floor for New OSWI Units? 

To determine the MACT floor for new 

OSWI units, EPA must identify the 

‘‘best performing similar unit, as 

determined by the Administrator.’’ The 

best performing ‘‘similar source’’ need 

not be in the category or subcategory 

subject to the MACT standard at issue. 

Rather, the source must be one that 

EPA, based on our evaluation of 

similarities and differences (e.g., size, 

design, method of operation, purpose) 

has determined is sufficiently similar 

for us to base our regulations on. While 

EPA does not have emission test data for 

the units in the OSWI inventory, 

emissions information is available for 

other incineration units that EPA has 

concluded are ‘‘similar.’’ Accordingly, 

emission levels for the MACT floor level 

of control were determined by using 

actual emissions test data from similar 

units in other source categories. 

New VSMWC MACT floor. The 

inventory of VSMWC units contains 14 

units. All of the units for which MACT 

compliance control information is 

available report that they are 

‘‘afterburner/uncontrolled’’ units (i.e., 

two-chamber units consisting of a 

primary combustion chamber and an 

afterburner chamber, but no add-on 

control devices). However, all twochamber incineration units use an 

‘‘afterburner’’ in the second combustion 

chamber to ensure complete combustion 

burn-out. Thus, the use of an afterburner 

in the second combustion chamber is an 

integral part of the design and operation 

of these incinerators and does not 

represent an additional level of 

emission control beyond that which is 

inherent in the basic design and 

operation of VSMWC units. As a result, 

for the purposes of assessing the 

performance of these incineration units, 

EPA considers them ‘‘uncontrolled.’’

While all of the sources in the 

VSMWC subcategory are uncontrolled, 

EPA has data on emissions and controls 

for HMIWI units that are similar to 

VSMWC units in size, design, and 

operation. Based on EPA’s review of this 

information, EPA has determined that 

the most representative similar source 

would be an HMIWI unit using a 

‘‘medium efficiency’’ wet scrubber. 

Small and medium sized HMIWI units, 

which are similar in size and design to 

VSMWC units, have low or medium 

efficiency wet scrubbers as required by 

the HMIWI rules. Furthermore, there is 

one OSWI unit, an IWI unit, with a 

medium efficiency wet scrubber. 

While EPA has no emissions data for 

the IWI unit, EPA has reviewed 

compliance test data for HMIWI units, 

which includes the type of units that 

EPA has determined constitute the best 

performing similar source. Using this 

data, EPA determined the performance 

level of a ‘‘medium efficiency’’ wet 

scrubber by calculating the average 

emissions rate for all of the wet 

scrubbers on HMIWI units. Table 3 of 

this preamble shows the emission limits 

associated with the MACT floor for new 

VSMWC units.

TABLE 3.—NEW VSMWC MACT 

FLOOR EMISSION LIMITS

Pollutant

(concentration units @ 7% O2) 

Emission

limit 

PM (gr/dscf) .............................. 0.013 

HCl (ppmdv) ............................. 3.7 

SO2 (ppmdv) ............................. 3.1 

CO (ppmdv) .............................. 5.0 

NOX (ppmdv) ............................ 103 

Dioxins/Furans, Total Mass 

Basis (ng/dscm) .................... 33 

Hg (μg/dscm) ............................ 74 

TABLE 3.—NEW VSMWC MACT 

FLOOR EMISSION LIMITS—Continued

Pollutant

(concentration units @ 7% O2) 

Emission

limit 

Cd (μg/dscm) ............................ 18 

Pb (μg/dscm) ............................ 226 

New IWI MACT floor. The IWI 

inventory contains 358 units. These 

units are two-chamber incineration 

units with an afterburner in the second 

chamber. Of these, there is one unit 

controlled with a medium efficiency 

wet scrubber.

While EPA has no emissions data on 

IWI units, EPA has data for HMIWI 

units that are similar to IWI units in 

size, design, and operation. Based on 

EPA’s review of this information, EPA 

has determined that the most 

representative similar source would be 

an HMIWI unit using a ‘‘medium 

efficiency’’ wet scrubber. Small and 

medium sized HMIWI units, which are 

similar in size and design to IWI units, 

have low or medium efficiency wet 

scrubbers as required by the HMIWI 

rules. The EPA reviewed compliance 

test data for HMIWI units, which 

includes the type of units that EPA has 

determined constitute the best 

performing similar source. Using this 

data, EPA determined the performance 

level of a ‘‘medium efficiency’’ wet 

scrubber by calculating the average 

emissions rate for all of the wet 

scrubbers on HMIWI units. Table 4 of 

this preamble shows the emission limits 

associated with the MACT floor for new 

IWI units.

TABLE 4.—NEW IWI MACT FLOOR

EMISSION LIMITS

Pollutant

(concentration units @ 7% O2) 

Emission

limit 

PM (gr/dscf) .............................. 0.013 

HCl (ppmdv) ............................. 3.7 

SO2 (ppmdv) ............................. 3.1 

CO (ppmdv) .............................. 5.0 

NOX (ppmdv) ............................ 103 

Dioxins/Furans, Total Mass 

Basis (ng/dscm) .................... 33 

Hg (μg/dscm) ............................ 74 

Cd (μg/dscm) ............................ 18 

Pb (μg/dscm) ............................ 226 

2. How Did EPA Determine Whether 

Options More Stringent Than the MACT 

Floor Were Appropriate for New OSWI 

Units? 

In determining MACT, CAA section 

129 directs EPA to ‘‘* * * require the 

maximum degree of reduction in 

emissions * * * that the Administrator, 

taking into consideration the cost of 

achieving such emission reduction and 

any non-air quality health and 

71486 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

environmental impacts and energy 

requirements, determines is achievable. 

***’’ However, MACT standards may 

be more stringent than the MACT floor. 

The MACT floors for both the new 

VSMWC subcategory and the new IWI 

subcategory of OSWI are based on 

similar units with wet scrubbers, as 

described earlier in this preamble. The 

EPA did not identify any feasible 

regulatory options more stringent than 

the MACT floors for new VSMWC and 

IWI units. The EPA considered the 

possibility of dry sorbent injection 

systems with carbon injection and fabric 

filters, but available information 

indicated that the emissions reductions 

would be similar to wet scrubbing, and 

the costs to install and operate the 

controls would likely be much greater. 

Furthermore, analyses conducted for 

other CAA section 129 rules (e.g., 

HMIWI) for incineration units of the 

same size and design have found that 

wet scrubbers are generally the emission 

control systems selected for very small 

incineration units. 

The EPA does not expect any new 

VSMWC or IWI units to be built. 

However, a model plant analysis 

indicates that total emissions reductions 

for the nine regulated pollutants that 

would be achieved by requiring the 

floor level of control for a new VSMWC 

unit would range from 2.3 tpy to 67 tpy, 

depending on the model size and hours 

of operation. For a new IWI unit, the 

emissions reductions would range from 

2.3 to 34 tpy, depending on the model 

size and hours of operation. The lower 

end of each range is based on a model 

batch unit with the capacity to burn 1 

tpd of waste. The upper end of each 

range is based on an intermittently 

operated model unit with the capacity 

to burn 30 tpd for VSMWC units and 15 

tpd for IWI units. The size ranges 

included in the model plant analysis 

represent the size ranges of units in each 

subcategory. 

Because CAA section 129 requires 

EPA to establish regulations that are no 

less stringent than the MACT floor, EPA 

must require the MACT floor level of 

control for new VSMWC units and new 

IWI units regardless of cost. However, 

model plant cost analyses were 

conducted for informational purposes. 

The analyses showed that it is typically 

less expensive to send waste to a 

landfill than it is to construct and 

operate a new VSMWC unit or a new 

IWI unit. Available information 

indicates that no new VSMWC or IWI 

units are being built. The cost impacts 

of the MACT floor level of control are 

expected to be minimal, because 

municipalities and institutions would 

choose not to construct and operate new 

VSMWC or IWI units and would select 

an alternative waste disposal method. 

Given that the MACT floors for both 

the new VSMWC subcategory and the 

new IWI subcategory of OSWI are based 

on wet scrubbers, the floor level of 

control achieves significant emissions 

reductions, and EPA has not identified 

any feasible beyond-the-floor 

alternatives that would achieve greater 

emissions reductions, EPA has chosen 

to base the NSPS for both the new 

VSMWC subcategory and the new IWI 

subcategory of OSWI on the use of wet 

scrubbers. The associated emission 

limits are shown in Tables 3 and 4 of 

this preamble. 

E. How Did EPA Determine the 

Proposed Emission Limits for Existing 

OSWI Units?

All standards established pursuant to 

CAA section 129 must reflect MACT, 

the maximum degree of reduction in 

emissions of air pollutants that the 

Administrator, taking into consideration 

the cost of achieving such emission 

reduction, and any non-air quality 

health and environmental impacts and 

energy requirements, determines is 

achievable for each category. The CAA 

also specifies that the degree of 

reduction in emissions that is deemed 

achievable for existing units must not be 

less stringent than the average emissions 

limitation achieved by the best 

performing 12 percent of units in the 

category. This requirement constitutes 

the MACT ‘‘floor’’ for existing OSWI 

units. However, EPA may not consider 

costs or other impacts in determining 

the MACT floor. The EPA may require 

a greater degree of reduction in 

emissions that is more stringent than the 

MACT floor (beyond-the-floor) if the 

Administrator considers the cost, 

environmental, and energy impacts to 

be reasonable. 

As with new units, EPA considered 

methods and technologies for removal 

or destruction of pollutants before 

combustion. For the same reasons 

described for new OSWI units, EPA 

concluded that the MACT floor for 

existing OSWI units does not include 

specific source reduction or materials 

separation requirements. Instead, EPA 

would require a site-specific waste 

management plan for each OSWI unit 

that identifies the feasibility and 

methods to reduce or separate 

components of solid waste from the 

waste stream to reduce toxic emissions 

from incinerated waste. Waste 

management plan requirements are 

discussed in more detail later in this 

preamble. 

In developing the MACT floors and 

MACT, EPA also considered methods 

for destruction of pollutants during 

combustion. The MACT floors and 

MACT are based on emissions data for 

well-designed and well-operated 

combustion units, and the CO emission 

limits would assure proper operation of 

the combustor, which minimizes 

emissions of organic pollutants. 

Technologies for control of pollutants 

after combustion were also considered 

as described in the following 

discussions of the VSMWC and IWI unit 

MACT floors and beyond-the-floor 

alternatives. 

For the proposed rules, we 

determined the existing source MACT 

floors and MACT separately for two 

subcategories of OSWI—the VSMWC 

subcategory and the IWI subcategory. 

Because there are similarities in unit 

size, design, and operation between the 

two subcategories, we request public 

comment on whether we should 

combine the two subcategories and 

determine a single existing source 

MACT floor and a single set of existing 

source MACT emission limits for the 

OSWI category as a whole. If the 

subcategories were combined, then we 

would use any available data for OSWI 

units (regardless of whether they are 

VSMWC or IWI units) to determine the 

MACT floor and MACT for the OSWI 

category. 

1. How Did EPA Determine the MACT 

Floor for Existing OSWI Units? 

To determine the MACT floor for 

existing OSWI units EPA must identify 

the ‘‘best performing units’’ in the 

category or subcategory. The EPA does 

not have emissions test data for the 

units in the OSWI inventory. However, 

the inventory contains information on 

air pollution control devices installed 

on the units. Therefore, information on 

control devices was used to identify the 

best performing units in the VSMWC 

and IWI subcategories and establish the 

control technology basis of the MACT 

floors for each. The EPA then 

determined emissions levels achieved 

by the MACT floor level of control by 

using actual emissions test data from 

similarly controlled incineration units 

in other source categories, because of 

the lack of OSWI emissions test data. 

Existing VSMWC MACT floor. The 

inventory of VSMWC units contains 14 

units. All of the units for which MACT 

compliance control information is 

available report that they are 

‘‘afterburner/uncontrolled’’ units (i.e., 

two-chamber units consisting of a 

primary combustion chamber and an 

afterburner chamber, but no add-on 

control devices). However, all 

conventional two-chamber incineration 

units use an ‘‘afterburner’’ in the second 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71487

combustion chamber to ensure complete 

combustion burn-out. Thus, the use of 

an afterburner in the second combustion 

chamber is an integral part of the design 

and operation of these incinerators and 

does not represent an additional level of 

emission control beyond that which is 

inherent in the basic design and 

operation of VSMWC units. As a result, 

for the purposes of assessing the 

performance of these incineration units, 

EPA considers them ‘‘uncontrolled.’’

For existing VSMWC units, 12 percent 

of 14 units is two units. Therefore, the 

average of the best performing two 

units, or existing source MACT floor, is 

based on the emission limits achievable 

by a well-operated, uncontrolled (i.e., 

afterburner), two-chamber incinerator. 

Because there were not any emissions 

test data available for the actual OSWI 

units in our inventory, EPA looked to 

similar source categories for test data. 

The EPA found test data for small 

uncontrolled, modular/starved air MWC 

units that were collected during the 

MWC regulatory development process. 

These units are two-chamber units that 

are the same in design and waste burned 

as the units within the OSWI category. 

Therefore, these data were used to 

establish the MACT floor emission 

limits. Table 5 of this preamble shows 

the emission limits associated with the 

MACT floor for existing VSMWC units.

TABLE 5.—EXISTING VSMWC AND IWI 

MACT FLOOR EMISSION LIMITS

Pollutant

(concentration units @ 7% O2) 

Emission 

limit 

PM (gr/dscf) .............................. 0.1 

HCl (ppmdv) ............................. 500 

SO2 (ppmdv) ............................. 200 

CO (ppmdv) .............................. 50 

NOX (ppmdv) ............................ 215 

Dioxins/Furans, Total Mass 

Basis (ng/dscm) .................... 300 

Hg (μg/dscm) ............................ 500 

Cd (μg/dscm) ............................ 310 

Pb (μg/dscm) ............................ 4,300 

Existing IWI MACT floor. The IWI 

inventory contains 358 units. Of these, 

there is one unit controlled with a 

medium efficiency wet scrubber. The 

rest of the IWI units are ‘‘afterburner/

uncontrolled’’ units (see VSMWC 

discussion above). Twelve percent of 

358 units is 43 units. Therefore, the 

average of the best performing 12 

percent, or MACT floor, is based on the 

emission limits achievable by a welloperated, uncontrolled, two-chamber 

incinerator. Because there were not any 

emissions test data available for the 

actual OSWI units in our inventory, 

EPA looked to similar source categories 

for test data. The EPA found test data for 

small uncontrolled, modular/starved air 

MWC units that were collected during 

the MWC regulatory development 

process. These units are two-chamber 

units that are the same in design and 

waste burned as the units within the 

OSWI category. Therefore, these data 

were used to establish the emission 

limits for uncontrolled units. Table 5 of 

this preamble shows the emission limits 

associated with the MACT floor for 

existing IWI units. 

2. How Did EPA Determine Whether 

Options More Stringent Than the MACT 

Floor Were Appropriate for Existing 

OSWI Units? 

In determining MACT, CAA section 

129 directs EPA to ‘‘* * * require the 

maximum degree of reduction in 

emissions * * * that the Administrator, 

taking into consideration the cost of 

achieving such emission reduction and 

any non-air quality health and 

environmental impacts and energy 

requirements, determines is achievable. 

***’’ The MACT standards may be 

more stringent than the MACT floor. 

The MACT floors for both the existing 

VSMWC subcategory and the existing 

IWI subcategory of OSWI are based on 

the emission limits achievable by a 

well-operated, uncontrolled, twochamber unit. For existing VSMWC and 

IWI units, EPA identified one regulatory 

option beyond the floor: Emission limits 

based on the use of a wet scrubber. One 

OSWI unit (an IWI unit) currently uses 

a wet scrubber, and this control 

technology could be applied to both IWI 

and VSMWC units and would 

substantially reduce emissions. After 

considering the emission reduction 

benefits, costs, and other impacts, EPA 

has decided to base the emission 

guidelines for the existing VSMWC 

subcategory and for the existing IWI 

subcategory of OSWI on the emission 

limits achievable through the use of a 

wet scrubber. These emission limits are 

significantly more stringent than the 

MACT floors for these subcategories. 

The EPA expects that the cost impacts 

of the emission guidelines for existing 

VSMWC and IWI units would be 

minimal for reasons described below. 

Table 6 of this preamble shows the 

emission levels associated with the 

MACT floor for existing VSMWC and 

IWI units and the wet scrubber beyondthe-floor regulatory option. These 

emission levels were established from 

the data described earlier in this 

preamble. Because the MACT floors for 

existing VSMWC and IWI are based on 

units without controls, the emission 

reduction that would be achieved by 

requiring existing VSMWC and IWI 

units to meet the MACT floor is 

negligible. In contrast, the total 

emissions reductions for the nine 

regulated pollutants that would be 

achieved by requiring any existing units 

to meet the beyond-the-floor option 

would range from 2.3 tpy to 67 tpy for 

a VSMWC model unit and from 2.3 to 

34 tpy for an IWI model unit, depending 

on the unit’s capacity and hours of 

operation. The lower end of each range 

is based on a model batch unit with a 

capacity of 1 tpd, and the upper end is 

based on an intermittently operated 

model unit with a capacity of 30 tpd for 

VSMWC units and 15 tpd for IWI units. 

These represent the size ranges of 

existing units in each subcategory.

TABLE 6.—EMISSION LEVELS FOR

MACT FLOOR AND BEYOND-THEFLOOR REGULATORY OPTIONS FOR

THE EXISTING VSMWC AND IWI 

SUBCATEGORIES OF OSWI 

Pollutant

(concentration units 

@ 7% O2) 

MACT

floor

emission

limit 

Emission

limit

based on 

wet

scrubber 

PM (gr/dscf) ........... 0.1 0.013 

HCl (ppmdv) .......... 500 3.7 

SO2 (ppmdv) .......... 200 3.1 

CO (ppmdv) ........... 50 5.0 

NOX (ppmdv) ......... 215 103 

Dioxins/Furans, 

Total Mass Basis 

(ng/dscm) ........... 300 33 

Hg (μg/dscm) ......... 500 74 

Cd (μg/dscm) ......... 310 18 

Pb (μg/dscm) ......... 4,300 226 

In comparing the cost impacts of the 

floor and the beyond-the-floor 

regulatory option, the cost impacts of 

both options are estimated to be 

minimal because facilities would elect 

to use a lower-cost alternative waste 

disposal method. The EPA analyzed the 

compliance costs for model existing 

VSMWC and IWI units for the floor 

regulatory option, the wet scrubbing 

regulatory option, and an alternative 

waste disposal method. The analysis 

indicates that, even though the floor 

option is based on units with no control, 

the cost of meeting emission guidelines 

based on the MACT floor would be 

significant, and municipalities and 

institutions would likely choose to shut 

down existing VSMWC or IWI units and 

would instead use alternative waste 

disposal options such as landfilling or 

sending their waste to a regional MWC 

unit that is already subject to the small 

or large MWC regulations. 

The costs of complying with emission 

guidelines based on the MACT floor 

would be significant because all 

emission guidelines developed under 

71488 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

CAA section 129 must include operator 

training and qualification requirements 

as well as testing, permitting, 

monitoring, and reporting requirements. 

State and Federal plans developed to 

implement the emission guidelines 

must also contain these requirements. 

Even if an existing VSMWC or IWI unit 

did not need to install air pollution 

controls to meet the MACT floor 

emission levels, EPA estimates 

significant costs to meet all of these 

other requirements. For example, EPA 

estimates that operator training, testing, 

permitting, monitoring, recordkeeping, 

and reporting costs to comply with the 

MACT floor option would be over 

$116,000 per year for an existing 

VSMWC or IWI unit. This cost is 

significantly more than the annual cost 

of operating most VSMWC and IWI 

units. In fact, it could double, triple, or 

quadruple the annual costs of an 

existing VSMWC or IWI unit, depending 

on its size. The EPA estimates the 

annual costs of installing and operating 

a wet scrubber and meeting the training, 

testing, permitting, monitoring, 

recordkeeping, and reporting 

requirements of the emission guidelines 

would range from $162,000 to $253,000 

per year for existing VSMWC units and 

from $162,000 to $207,000 for existing 

IWI units, depending on the unit’s size 

and operating schedule. Therefore, the 

likely response to the emission 

guidelines (regardless of whether it is 

based on the floor or the beyond-thefloor option) would be for 

municipalities and institutions to 

examine and select alternative waste 

disposal options. 

Information available on the response 

by existing sources to other CAA section 

129 rulemakings indicates that many 

sources chose to close and rely on 

alternatives to incineration in managing 

their solid waste, rather than incur the 

costs of compliance with the regulation. 

The EPA anticipates a similar response 

would appeal to sources subject to 

OSWI emission guidelines. The model 

plant analysis indicates that, even in the 

absence of the emission guidelines, it 

typically would be less expensive to 

shut down an incinerator and send 

waste to a landfill than it would be to 

continue operating an existing VSMWC 

or IWI unit. The general findings of this 

analysis are reinforced by the trend of 

closure of many units over the past 

several years. However, EPA realizes 

that many site-specific factors influence 

both the cost of operating a specific 

existing waste combustion unit and the 

cost of sending the waste to a landfill or 

other alternative disposal method, and 

therefore, some facilities may 

experience a small increase over their 

current costs by switching to an 

alternative disposal method. Given the 

widespread availability of waste 

disposal alternatives such as landfilling, 

the trend toward closure of VSMWC and 

IWI units, the results of the model plant 

cost analysis, and the response of 

sources to other CAA section 129 

regulations, EPA expects that the cost 

impacts of the beyond-the-floor option 

for existing VSMWC and IWI units 

would be minimal because most 

municipalities and institutions would 

choose to shut down their existing 

VSMWC and IWI units and would select 

an alternative waste disposal method. 

Use of an alternative disposal method 

would result in a negligible increase in 

costs, and may even result in cost 

savings for some units.

While EPA’s objective is to adopt 

MACT emission guidelines that fulfill 

the requirements of CAA section 129 

and not to cause the shutdown of most 

existing VSMWC and IWI units, EPA 

considers the replacement of poorly 

controlled incinerators with cost 

effective alternative disposal techniques 

that significantly reduce toxic emissions 

as an appropriate outcome. From a 

national perspective, emission 

guidelines for existing VSMWC and IWI 

units based on the use of wet scrubbing 

(and the switching to alternative waste 

disposal options that would result) 

would minimize emissions of PM, 

dioxin, acid gases, and metals from 

VSMWC and IWI units at a relatively 

low cost, due to the availability of 

alternative means of waste disposal. As 

a result, the proposed emission 

guidelines for both subcategories of 

OSWI are based on emission limits 

achievable through the use of wet 

scrubbers. These emission limits are 

substantially more stringent than the 

MACT floors for existing VSMWC and 

IWI units. 

F. How did EPA Determine Testing and 

Monitoring Requirements for the 

Proposed Rules? 

The EPA determined testing and 

monitoring requirements for the 

proposed rules that are consistent with 

the CAA. Section 129(c) of the CAA 

requires EPA to develop regulations that 

include monitoring and testing 

requirements. The purpose of these 

requirements is to allow EPA to 

determine whether a source is operating 

in compliance with the proposed rules. 

The proposed monitoring and testing 

requirements are discussed below. 

1. Continuous Emission Monitoring 

Systems 

The most direct means of ensuring 

compliance with emission limits is the 

use of continuous emission monitoring 

systems (CEMS). As a matter of policy, 

the first and foremost option considered 

by EPA is to require the use of CEMS 

to demonstrate continuous compliance 

with specific emission limits. The EPA 

considers other options only when 

CEMS are not available or when the 

impacts of including such requirements 

are considered unreasonable. 

Continuous emissions monitoring of 

CO is feasible and is proposed to 

determine compliance with the CO 

emission limit and to indicate proper 

operation of the combustion unit. 

Monitoring emissions of CO on a 

continuous basis is the most effective 

way to ensure that the combustion unit 

is operating properly. Low CO 

emissions indicate good combustion, 

which, in turn, ensures destruction of 

other pollutants such as organics. In 

addition, good combustion helps to 

keep PM emissions lower. 

Compliance with the CO emission 

limit would be determined on a 3-hour 

rolling average basis using CEMS data. 

The EPA would require CEMS for CO to 

ensure proper combustion performance. 

Data provided by CO CEMS assures EPA 

and the public that the combustion unit 

is operating properly.

Continuous emission monitors are not 

readily available for many of the other 

pollutants regulated under the proposed 

rules. For example, CEMS for metals 

and dioxins/furans are either very 

expensive or are still being developed. 

Thus, the proposed rules require 

monitoring of operating parameters to 

ensure proper operation of the air 

pollution control devices. 

Although monitoring of operating 

parameters cannot provide a direct 

measurement of emissions, it is often a 

suitable substitute for CEMS. The 

information provided can be used to 

ensure that the air pollution control 

equipment is operating properly. This 

information reasonably assures EPA and 

the public that the reductions in acid 

gases, organic pollutants, metals, and 

PM envisioned by the regulations are 

being achieved. The proposed rules 

include requirements for initial and 

annual stack testing using EPA methods, 

coupled with monitoring of operating 

parameters. The owner or operator of 

each OSWI unit would use the initial 

stack test to calibrate the monitoring 

parameters. 

Parameter monitoring is proposed to 

indicate proper operation of the wet 

scrubber. Parameter monitoring is 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71489

proposed on a rolling 3-hour basis to 

correspond to the approximate length of 

the required emission tests. The EPA 

selected parameters to monitor that 

indicate the proper operation of a wet 

scrubber and that can be monitored 

continuously at a reasonable expense. 

Maximum or minimum values for the 

operating parameters must be 

established during emission testing. For 

the OSWI unit, the maximum charge 

rate must be established as the average 

charge rate during the emission test. 

Likewise, for the wet scrubber, the 

minimum operating parameters (i.e.,

pressure drop or amperage, scrubber 

liquor flow rate, and scrubber liquor pH) 

must be established as the average value 

during the emission test. An owner or 

operator of OSWI units that chooses to 

comply with the emission limits using 

controls other than wet scrubbers would 

be required to petition the 

Administrator for approval of 

alternative operating parameters. 

2. Stack Testing 

The proposed rules require the owner 

or operator of each new and existing 

OSWI unit to perform an initial stack 

test for emissions of the pollutants 

identified in CAA section 129 (Cd, CO, 

dioxins/furans, HCl, Pb, Hg, NOX, PM, 

and SO2), plus an initial opacity test. 

Additionally, the proposed rules require 

annual stack tests. The annual testing 

would ensure, on an ongoing basis, that 

the air pollution control device is 

operating properly and its performance 

has not deteriorated. An average of the 

results from three test runs would be 

required to determine compliance with 

the proposed regulations. The owner or 

operator would be allowed to skip two 

annual tests for a pollutant if all three 

previous annual stack tests show 

compliance with the emission limit for 

that pollutant. The EPA considers 

testing every 3 years sufficient to 

provide certainty about control device 

performance while reducing the overall 

costs of testing to the regulated source. 

The emission tests upon which the 

proposed emission limits are based were 

conducted using approved EPA test 

methods. No applicable voluntary 

consensus standards were identified 

during the development of the proposed 

rules. Therefore, EPA proposes that the 

identified EPA test methods be followed 

when performing any emission testing 

required to determine compliance with 

the emission limits. This requirement 

would ensure that compliance testing 

follows the same procedures used to 

generate the emission data upon which 

the emission limits in the proposed 

rules are based. 

G. How did EPA Determine Compliance 

Times for the Proposed Rules? 

Section 129(f) of the CAA specifies 

the dates by which affected or 

designated facilities must comply with 

the NSPS or emission guidelines, 

respectively. New units must be in 

compliance with the NSPS within 6 

months after the date of promulgation or 

6 months after start-up, whichever is 

later. Existing units must be in 

compliance with the guidelines as 

expeditiously as practicable after 

approval of a State plan, but no later 

than 3 years after the effective date of 

State plan approval or 5 years after 

promulgation of the guidelines, 

whichever is earlier. 

The EPA has chosen to include the 

full compliance time allowed by CAA 

section 129 in the emission guidelines 

for OSWI units. The OSWI units are 

small and are located at small 

municipalities and institutions that do 

not always have full-time environmental 

staff. They will need time to investigate 

the regulatory, technical, cost, 

financing, and economic implications of 

control techniques and alternative waste 

disposal options available to their 

facility. The EPA wants to allow 

sufficient time for owners and operators 

of OSWI units to investigate, plan, and 

carry out activities for compliance or, as 

expected in most cases, a closure of 

their waste combustion units and an 

orderly transition to the use of 

alternative waste disposal methods. 

State plans or the Federal plan 

developed to implement the emission 

guidelines will establish specific 

compliance schedules within these 

constraints.

H. How Did EPA Determine the 

Required Records and Reports for the 

Proposed Rules? 

Section 129 of the CAA requires EPA 

to develop regulations that include 

requirements for reporting the results of 

testing and monitoring performed to 

determine compliance with the 

proposed rules. The requirements must 

specify the form and frequency of the 

reports demonstrating compliance. If 

there are no deviations, compliance 

reports are submitted annually. 

However, if there is a deviation from 

any emission limit, operating limit, or 

other requirement, reports showing the 

deviation must be submitted separately 

for review and potential enforcement 

action. Semiannual reporting of 

deviations allows both the facility and 

the enforcement agency to move more 

quickly to address and correct any 

possible noncompliance issues. This 

deviation report is due on August 1 if 

the deviation occurs during the first 6 

months of the year, and February 1 of 

the next year if the deviation occurs 

during the second 6 months of the year. 

Other types of records are necessary to 

ensure that all provisions of the 

proposed rules are being met. Examples 

include siting analyses for new OSWI 

units and operator training and 

qualification records for new and 

existing OSWI units. 

Copies of testing and monitoring 

results and other records must be 

maintained by the affected facility for 5 

years. Records must be kept on site for 

the first 2 years, but can be maintained 

off site for the remaining 3 years. To 

reduce the storage burden, records can 

be maintained in hard copy or in 

electronic format. 

I. How Did EPA Determine Operator 

Training and Qualification 

Requirements for the Proposed Rules? 

The proposed rules include operator 

training and qualification requirements 

for OSWI unit operators, as required by 

CAA section 129(d). These requirements 

provide flexibility by allowing Stateapproved training and qualification 

programs. Where there are no Stateapproved programs, the proposed rules 

include minimum requirements for 

training and qualification. The 

minimum requirements include 

completion of a training course covering 

specified topics, plus annual review or 

a refresher course. 

J. How Did EPA Determine the Waste 

Management Plan Requirements for the 

Proposed Rules? 

The proposed rules require owners or 

operators of new or existing OSWI units 

to submit a waste management plan. 

Each facility is unique, and site-specific 

strategies are needed to achieve the 

most efficient results. Through the 

development of individual waste 

management programs, owners or 

operators of OSWI units may be able to 

reduce or eliminate certain materials in 

their waste streams, thereby reducing 

the amount of air pollution emissions 

associated with waste incineration. 

The waste management plan would 

identify both the feasibility and the 

approach to reduce or separate certain 

materials from the waste stream to 

reduce the amount of toxic emissions 

from incinerated waste. The waste 

management plan may include 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 

should identify any additional waste 

management measures that are practical 

and feasible, taking into account the 

71490 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

effectiveness of waste management 

measures already in place, the costs of 

additional measures, the emissions 

reductions expected to be achieved, and 

any other associated environmental or 

energy impacts. 

K. How Did EPA Determine the Siting 

Requirements for New Units for the 

Proposed Rules? 

Section 129 of the CAA states that 

standards for new solid waste 

incineration units must incorporate 

siting requirements that minimize, on a 

site-specific basis and to the maximum 

extent practicable, potential risks to 

public health or the environment. In 

accordance with CAA section 129, EPA 

is proposing site selection criteria for 

OSWI units that commence construction 

after the date of proposal (i.e., ‘‘new’’

units). The siting requirements would 

not apply to existing OSWI units. 

The siting requirements would 

require you (the owner or operator of a 

new OSWI unit) to prepare an analysis 

of the impacts of the new unit. You 

must consider air pollution control 

alternatives that minimize, on a sitespecific basis, to the maximum extent 

practicable, potential risks to public 

health or the environment. In 

considering such alternatives, you may 

consider costs, energy impacts, non-air 

environmental impacts, or any other 

factors related to the practicability of the 

alternatives. To avoid duplication, 

analyses of facility impacts prepared to 

comply with State, local, or other 

Federal regulatory requirements may be 

used to satisfy this requirement, 

provided they include the consideration 

of air pollution control alternatives 

specified above. Such State, local, or 

Federal requirements may include, but 

are not limited to, State-specific criteria 

or national criteria established by the 

National Environmental Policy Act or 

new source permitting requirements. 

You would be required to submit the 

siting information to EPA prior to 

commencing construction of the OSWI 

unit.

V. Impacts of the Proposed Rules for 

New Units 

Information provided to EPA 

indicates that no or negative growth has 

been the trend for OSWI units for the 

past several years. The information 

indicates that this trend is expected to 

continue even in the absence of a 

regulation. Furthermore, as experience 

with other CAA section 129 regulations 

has shown, sources would likely 

respond to the proposed rules by 

choosing not to construct new waste 

incineration units and would utilize 

alternative waste disposal options rather 

than incur the costs of compliance. 

Considering this information, EPA 

does not anticipate any new OSWI 

units, and therefore, no impacts of the 

proposed NSPS for new units. However, 

for the sake of demonstrating that 

emissions reductions would result from 

the NSPS in the unlikely event that a 

new unit is constructed, EPA has 

presented emissions reductions 

expected for each of the four OSWI 

model plants. 

A. What Are the Air Impacts? 

The EPA estimated emissions 

reductions for each of the model plants 

to demonstrate that the NSPS would, if 

a new unit were built, reduce emissions 

compared to an uncontrolled OSWI 

unit. Based on available information 

and past experience, EPA does not 

anticipate any new OSWI units to be 

constructed. Table 7 of this preamble 

presents the emissions reductions for 

the OSWI model plants. The same 

model plants are used to represent IWI 

units and VSMWC units. The first three 

model plants (with capacities of 1 tpd, 

5 tpd, and 15 tpd) represent typical IWI 

units. All four models represent typical 

VSMWC units.

TABLE 7.—EMISSIONS REDUCTIONS ON A MODEL PLANT BASIS

Pollutant 

Emission reduction for OSWI model plants (tpy) 

1 tpd

capacity 

5 tpd 15

capacity 

15 tpd

capacity 

30 tpd

capacity 

Cd ............................................................................................................................................. 3.8×10¥41 1.9×10¥31 5.7×10¥31 1.1×10¥21

CO ............................................................................................................................................ 9.0×10¥21 0.4 1.0 2.0 

Dioxins/furans .......................................................................................................................... 3.6×10¥71 1.7x10¥61 5.2×10¥61 1.0x10¥51

HCl ........................................................................................................................................... 1.0 4.9 15 29 

Pb ............................................................................................................................................. 9.7×10¥31 2.9×10¥21 7.6×10¥21

0.2 

Hg ............................................................................................................................................. 4.0×10¥41 2.7×10¥31 8.2×10¥31 1.6×10¥21

NOX .......................................................................................................................................... 0.2 1.3 4.1 8.2 

PM ............................................................................................................................................ 0.3 1.3 3.8 7.7 

SO2 ........................................................................................................................................... 0.7 3.3 10 20 

Total .................................................................................................................................. 2.3 11 34 67 

B. What Are the Water and Solid Waste 

Impacts? 

The EPA does not anticipate any new 

OSWI units to be constructed, and, 

therefore, does not expect there to be 

any water or solid waste impacts 

associated with the proposed NSPS. 

C. What Are the Energy Impacts? 

The EPA does not anticipate any new 

OSWI units to be constructed, and, 

therefore, does not expect there to be 

any energy impacts associated with the 

proposed NSPS.

D. What Are the Cost and Economic 

Impacts? 

The EPA does not anticipate any new 

OSWI units to be constructed, and, 

therefore, does not expect there to be 

any cost and economic impacts 

associated with the proposed NSPS. 

VI. Impacts of the Proposed Rules for 

Existing Units 

Information provided to EPA 

indicates that many existing OSWI units 

have closed in recent years. The 

information indicates that this trend is 

expected to continue even in the 

absence of a regulation. Furthermore, as 

experience with other CAA section 129 

regulations has shown, sources would 

likely respond to the proposed rules by 

choosing to shut down existing waste 

incineration units and Would utilize 

alternative waste disposal options rather 

than incur the costs of compliance. 

The EPA’s objective is not to 

encourage the use of alternatives or to 

discourage continued use of VSMWC 

units or IWI units; EPA’s objective is to 

adopt emission guidelines for existing

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71491

4EPA believes that the actual cost of emissions 

reductions achieved under this rule will be 

substantially less than the costs associated with the 

MACT floor and beyond the floor regulatory options 

suggested by this analysis. This is a result of the 

finding of our analysis that regulated entities will 

use landfilling rather than incur the costs associated 

with rule compliance (i.e., installing scrubbers). 

Assuming that all regulated entities switch to 

landfilling, and assuming, for purposes of this 

analysis only, no cost saving associated with 

abandonment of incineration, EPA estimates an 

actual cost of $1,380/ton of emission reduction.

OSWI units that fulfill the requirements 

of CAA section 129. In doing so the 

primary outcome associated with 

adoption of these emission guidelines is 

projected to be an increase in the use of 

alternative waste disposal and a 

decrease in the use of VSMWC units 

and IWI units. Consequently, EPA 

acknowledges and incorporates this 

outcome into the analyses of cost, 

environmental, and energy impacts 

associated with the emission guidelines. 

A. What Are the Air Impacts? 

The EPA estimated emissions 

reductions for each of the model plants 

to demonstrate that the emission 

guidelines reduce emissions compared 

to an uncontrolled OSWI unit. These 

emissions reductions are based on 

installation of a wet scrubber to meet 

the emission guidelines. Table 7 of this 

preamble presents the emissions 

reductions for the OSWI model plants 

used to represent typical VSMWC units 

and IWI units. Table 8 of this preamble 

presents estimated national emissions 

reductions for each pollutant if all 

VSMWC and IWI units in the OSWI 

inventory comply with the emission 

guidelines. As shown, total emissions 

reductions would be over 2,750 tpy. 

However, based on the information and 

past experience, EPA anticipates that 

most existing OSWI units would elect to 

shut down and utilize alternative waste 

disposal options (e.g., send waste to a 

landfill or a large or small MWC unit). 

If OSWI units close and the waste is sent 

to a landfill, the emissions reductions of 

the nine pollutants would be slightly 

greater than shown on Tables 7 and 8 

of this preamble. If all OSWI units close 

and the waste is landfilled, the 

estimated national emissions reductions 

would be approximately 428 tpy for 

VSMWC units and 2,680 tpy for IWI 

units, which totals over 3,100 tpy for all 

OSWI units.

TABLE 8.—NATIONAL EMISSIONS REDUCTIONS IF ALL EXISTING OSWI UNITS COMPLY WITH THE EMISSION GUIDELINES

Pollutant 

Emission reduction (tpy) 

VSMWC IWI Total 

Cd .................................................................................................................................................................. 0.1 0.4 0.5 

CO .................................................................................................................................................................. 11 71 83 

Dioxins/furans, ............................................................................................................................................... 5.8E–05 3.6E–04 4.2E–04 

HCl ................................................................................................................................................................. 163 1,024 1,187 

Pb ................................................................................................................................................................... 1 6 6 

Hg .................................................................................................................................................................. 0.1 1 1 

NOX ................................................................................................................................................................ 46 292 338 

PM .................................................................................................................................................................. 43 271 314 

SO2 ................................................................................................................................................................ 114 714 828 

Total ........................................................................................................................................................ 379 2,378 2,757 

B. What Are the Water and Solid Waste 

Impacts? 

The EPA anticipates that very few, if 

any existing OSWI facilities would elect 

to continue to operate their OSWI units, 

and that they would use an alternative 

waste disposal method. As a result, EPA 

does not anticipate significant water 

impacts due to increased use of wet 

scrubbers. In the cases where the OSWI 

facility elects to comply with the 

emission guidelines and installs and 

operates a wet scrubber, it would have 

an increase in water usage and waste 

water generation. However, due to the 

small size of these units (and that there 

will likely be very few of them 

continuing to operate), the water 

impacts would be negligible.

Because most, if not all, of the 

existing OSWI units would shut down 

and the waste would be disposed of in 

alternate ways, EPA anticipates that 

there could be solid waste impacts of 

the OSWI regulation. These impacts 

would be the result of institutional 

waste or municipal solid waste that 

otherwise would have been burned in 

an OSWI unit being diverted to a nearby 

landfill or to a small or large MWC unit. 

However, OSWI units are small units 

with small annual waste throughput. 

The EPA estimates that the national 

OSWI population is used to dispose of 

approximately 85,000 tpy of solid waste. 

Considering that over 100 million tpy of 

municipal waste is disposed of in 

landfills, the amount of additional waste 

that would be sent to landfills due to 

adoption of the emission guidelines is 

insignificant. 

C. What Are the Energy Impacts? 

The EPA anticipates that very few, if 

any existing OSWI facilities would elect 

to continue to operate their OSWI units, 

and that they would use an alternative 

waste disposal method. As a result, EPA 

does not anticipate significant energy 

impacts due to increased use of wet 

scrubbers. In the cases where the OSWI 

facility elects to comply with the 

emission guidelines and installs and 

operates a wet scrubber, it would have 

an increase in power consumption. 

However, due to the small size of these 

units (and that there will likely be very 

few of them continuing to operate), the 

energy impacts would be negligible. 

D. What Are the Cost and Economic 

Impacts? 

The EPA’s analysis has shown that 

the national total costs for all existing 

OSWI units to comply with the 

emission guidelines (i.e., installing 

controls, operator training, performance 

testing, monitoring, etc.) would be 

approximately $63 million a year.4

However, the model plant analysis has 

also shown that alternative disposal 

options are readily available for 

institutional and municipal solid waste, 

and that most existing OSWI sources 

would incur no additional cost or 

perhaps a slight savings by shutting 

down their waste combustion unit and 

sending the waste to a landfill, or to a 

small or large MWC unit. However, EPA 

recognizes that there are many sitespecific factors that affect the cost of 

operating a specific OSWI unit and the 

cost of alternative disposal methods. 

Therefore, some facilities may 

experience a small cost increase if they 

switch to an alternative disposal 

method. Nonetheless, as discussed 

previously, available information 

71492 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

indicates that the OSWI population has 

been steadily declining over the past 

several years, and this trend would 

likely continue in the absence of an 

OSWI regulation. This trend confirms 

EPA’s analysis that it is often more 

economical to shut down OSWI units 

and use an alternative waste disposal 

method. Because most OSWI units 

would close and utilize an economical 

alternative waste disposal method, the 

cost impacts of the guidelines would be 

negligible, and some facilities may even 

experience a small cost savings.

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), EPA must 

determine whether the regulatory action 

is ‘‘significant’’ and, therefore, subject to 

review by OMB and the requirements of 

the Executive Order. The Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may:

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of Executive 

Order 12866, it has been determined 

that the proposed rules are a 

‘‘significant regulatory action’’ because 

they raise novel legal or policy issues 

within the meaning of paragraph (4) 

above. Consequently, the proposed rules 

were submitted to OMB for review 

under Executive Order 12866. Any 

written comments from OMB and 

written EPA responses are available in 

the docket (see ADDRESSES section of 

this preamble). 

B. Paperwork Reduction Act 

The information collection 

requirements in the proposed rules have 

been submitted for approval to OMB 

under the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. The Information 

Collection Request (ICR) documents 

have been prepared by EPA (ICR No. 

2163.01 for subpart EEEE and 2164.01 

for subpart FFFF), and copies may be 

obtained from Susan Auby by mail at 

the Collection Strategies Division, U.S. 

Environmental Protection Agency 

(2822), 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460, by e-mail 

at auby.susan@epa.gov, or by calling 

(202) 566–1672. A copy may also be 

downloaded off the Internet at http://

www.epa.gov/icr.

The proposed rules contain 

monitoring, reporting, and 

recordkeeping requirements. The 

information would be used by EPA to 

identify any new, modified, or 

reconstructed incineration units subject 

to the NSPS and to ensure that any new 

incineration units undergo a siting 

analysis and comply with the emission 

limits and other requirements. 

Similarly, the information specified in 

the emission guidelines would be used 

by States or EPA to identify existing 

units subject to the State or Federal 

plans that implement the emission 

guidelines, and to ensure that these 

units comply with their emission limits 

and other requirements. Records and 

reports would be necessary to enable 

EPA or States to identify waste 

incineration units that may not be in 

compliance with the requirements. 

Based on reported information, EPA 

would decide which units and what 

records or processes should be 

inspected. 

These recordkeeping and reporting 

requirements are specifically authorized 

by CAA section 114 (42 U.S.C. 7414). 

All information submitted to EPA for 

which a claim of confidentiality is made 

will be safeguarded according to EPA 

policies in 40 CFR part 2, subpart B, 

Confidentiality of Business Information. 

The EPA estimates that there is no 

burden for the first 3 years after 

promulgation of the NSPS for industry 

and the implementing agency. This is 

because EPA expects no new OSWI 

units to be constructed over this 3-year 

period. 

The estimated average annual burden 

for the first 3 years after promulgation 

of the emission guidelines for industry 

and the implementing agency is 

outlined below.

Affected entity 

Average

annual 

hours 

Labor

costs 

Capital

costs 

O&M

costs 

Total

annual 

costs 

Industry .................................................................................................... 5,704 $262,055 $0 $0 $262,055 

Implementing agency ............................................................................... 383 17,611 0 0 17,611 

The EPA expects the emission 

guidelines to affect a maximum of 372 

OSWI units over the first 3 years. There 

would be no capital, start-up, or 

operation and maintenance costs for 

existing units during the first 3 years, 

because compliance with the emission 

guidelines is not required until 5 years 

after promulgation of the emission 

guidelines (or 3 years after the effective 

date of approval of a State or Federal 

plan to implement the guidelines). Costs 

in the first 3 years include time to 

review the guidelines and the State or 

Federal plan. The implementing agency 

would not incur any capital or start-up 

costs. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and 48 

CFR chapter 15.

To comment on the Agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, including the use of 

automated collection techniques, EPA 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71493

has established a public docket for this 

ICR under Docket ID No. OAR–2003–

0156, which is available for public 

viewing at the Air and Radiation Docket 

and Information Center in the EPA 

Docket Center (EPA/DC), EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. An electronic version 

of the public docket is available through 

EPA Dockets (EDOCKET) at http://

www.epa.gov/edocket. Use EDOCKET to 

submit or view public comments, access 

the index listing of the contents of the 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, select ‘‘search,’’ then key in the 

docket ID number identified above. 

Also, you can send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention: Desk 

Office for EPA. Please include the EPA 

Docket ID No. (OAR–2003–0156) and 

OMB control number ( ) in any 

correspondence. 

Since OMB is required to make a 

decision concerning the ICR between 30 

and 60 days after December 9, 2004, a 

comment to OMB is best assured of 

having its full effect if OMB receives it 

by January 10, 2005. In the final rules, 

EPA will respond to any OMB or public 

comments on the information collection 

requirements contained in the proposed 

rules. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute unless the agency certifies 

that the proposed rules will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small government organizations, and 

small government jurisdictions. 

For purposes of assessing the impacts 

of the proposed rules on small entities, 

small entity is defined as follows:

1. A small business that is an ultimate 

parent entity in the regulated industry 

that has a gross annual revenue less 

than $6.5 million (this varies by 

industry category, ranging up to $10.5 

million for North American Industrial 

Classification System (NAICS) code 

562213 (VSMWC)), based on Small 

Business Administration’s size 

standards; 

2. A small governmental jurisdiction 

that is a government of a city, county, 

town, school district or special district 

with a population of less than 50,000; or 

3. A small organization that is any 

not-for-profit enterprise that is 

independently owned and operated and 

is not dominant in its field. 

After considering the economic 

impacts of the proposed rules on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The economic impacts on small entities 

will not be significant because the costs 

of the proposed rules would be 

negligible or may actually be cost 

savings. Ten of the 14 entities that own 

VSMWC units likely to be affected by 

the proposed rules are small, and all of 

these may experience cost savings. It is 

uncertain how many affected IWI units 

that are OSWI units are owned by small 

entities, but it is expected that many of 

these may realize a cost savings under 

the likely response to the proposed rules 

that the EPA believes will occur. 

Alternative waste disposal methods, 

such as landfilling, are available. The 

annual cost of landfilling is typically 

less expensive than the annual cost of 

using an OSWI unit for waste disposal. 

Thus, the likely response to the 

proposed rules will be for small entities 

that own and operate OSWI units to 

close the units and use an alternative 

waste disposal method. Moreover, EPA 

believes that most small entities for 

which this might not be the case are 

covered by one of the exclusions we 

have provided and thus are not 

negatively impacted by the rule. We 

continue to be interested in the 

potential impacts of the proposed rules 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995, Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more in any 1 year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective, or least burdensome 

alternative that achieves the objectives 

of the proposed rules. The provisions of 

section 205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective, or least 

burdensome alternative if EPA 

publishes with the final rule an 

explanation why that alternative was 

not adopted. 

Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including Tribal governments, EPA 

must develop a small government 

agency plan under section 203 of the 

UMRA. The plan must provide for 

notifying potentially affected small 

governments, enabling officials of 

affected small governments to have 

meaningful and timely input in the 

development of EPA’s regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

The EPA has determined that the 

proposed rules do not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and Tribal governments, in the 

aggregate, or the private sector in any 1 

year. Thus, the proposed rules are not 

subject to the requirements of section 

202 and 205 of the UMRA. In addition, 

EPA has determined that the proposed 

rules contain no regulatory 

requirements that might significantly or 

uniquely affect small governments 

because the burden is small and the 

regulation does not unfairly apply to 

small governments. Therefore, the 

proposed rules are not subject to the 

requirements of section 203 of the 

UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

71494 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

responsibilities among the various 

levels of government.’’

Under section 6 of Executive Order 

13132, EPA may not issue a regulation 

that imposes substantial direct 

compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. Also, EPA may not issue a 

regulation that has federalism 

implications and that preempts State 

law, unless EPA consults with State and 

local officials early in the process of 

developing the proposed regulation. 

The proposed rules do not have 

federalism implications. They will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The proposed 

rules will not impose substantial direct 

compliance costs on State or local 

governments, and will not preempt 

State law. Thus, Executive Order 13132 

does not apply to the proposed rules. 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

Executive Order 13175, (65 FR 67249, 

November 9, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

Tribal officials in the development of 

regulatory policies that have Tribal 

implications.’’ ‘‘Policies that have Tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’

The proposed rules do not have Tribal 

implications, as specified in Executive 

Order 13175. They will not have 

substantial direct effects on Tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to the proposed rules. 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

EPA must evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives EPA considered. 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that are based on 

health or safety risks, such that the 

analysis required under section 5–501 of 

the Executive Order has the potential to 

influence the regulation. The proposed 

rules are not subject to Executive Order 

13045 because they are based on 

technology performance and not on 

health and safety risks. Also, the 

proposed rules are not ‘‘economically 

significant.’’

H. Executive Order 13211: Actions that 

Significantly Affect Energy Supply, 

Distribution or Use 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) provides that agencies 

shall prepare and submit to the 

Administrator of the Office of 

Information and Regulatory Affairs, 

OMB, a Statement of Energy Effects for 

certain actions identified as ‘‘significant 

energy actions.’’ Section 4(b) of 

Executive Order 13211 defines 

‘‘significant energy actions’’ as ‘‘* * * 

any action by an agency (normally 

published in the Federal Register) that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of proposed 

rulemaking, and notices of proposed 

rulemaking: (1)(i) That is a significant 

regulatory action under Executive Order 

12866 or any successor order, and (ii) is 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy; or (2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. * * *’’

Although the proposed rules are 

considered to be a significant regulatory 

action under Executive Order 12866, 

they are not a ‘‘significant energy 

action’’ because they are not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

The basis for the determination is as 

follows. 

The EPA expects that few, if any, 

OSWI facilities would elect to continue 

to operate OSWI units, and that most 

facilities would respond to the proposed 

rules by closing existing OSWI units 

and utilizing alternative waste disposal 

techniques. This response is likely 

because the annual cost of landfilling, 

an alternative waste disposal method, is 

typically less expensive than the annual 

cost of using an OSWI unit for waste 

disposal. In the few cases where an 

OSWI facility elects to comply with the 

proposed rules by installing a wet 

scrubber, the operation of the scrubber 

would result in a small increase in 

power consumption. However, due to 

the small size of these units (and that 

there will likely be very few of them 

continuing to operate), the energy 

impacts would be negligible.

Given the negligible change in energy 

consumption resulting from the 

proposed rules, EPA does not expect 

any price increase for any energy type. 

The cost of energy distribution should 

not be affected by the proposed rules at 

all since the rules would not affect 

energy distribution facilities. We also 

expect that there would be no impact on 

the import of foreign energy supplies, 

and no other adverse outcomes are 

expected to occur with regards to energy 

supplies. 

Therefore, EPA concludes that the 

proposed rules are not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995 (Pub. L. 104–113; 

15 U.S.C. 272 note) directs EPA to use 

voluntary consensus standards in their 

regulatory and procurement activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, business 

practices) developed or adopted by one 

or more voluntary consensus bodies. 

The NTTAA directs EPA to provide 

Congress, through annual reports to 

OMB, with explanations when an 

agency does not use available and 

applicable voluntary consensus 

standards. 

The proposed rules involve technical 

standards. The EPA proposes to use 

EPA Methods 1, 2, 3A, 3B, 4, 5, 6 or 6C, 

7 or 7A, 7C, 7D, or 7E, 9, 10, 10A or 

10B, 23, 26A, and 29 of 40 CFR part 60, 

appendix A. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71495

Consistent with the NTTAA, EPA 

conducted searches to identify 

voluntary consensus standards in 

addition to these EPA methods. No 

applicable voluntary consensus 

standards were identified for EPA 

Methods 7D, 9, and 10A. The search and 

review results have been documented 

and are placed in the docket for the 

proposed rules. 

One voluntary consensus standard 

was identified as an acceptable 

alternative to EPA test methods for the 

purposes of the proposed rules. The 

voluntary consensus standard ASME 

PTC 19–10–1981–Part 10, ‘‘Flue and 

Exhaust Gas Analyses,’’ is cited in the 

proposed rules for its manual methods 

for measuring the nitrogen oxide, 

oxygen, and sulfur dioxide content of 

exhaust gas. These parts of ASME PTC 

19–10–1981–Part 10 are acceptable 

alternatives to Methods 3B, 6, 7, and 7C. 

The search for emissions 

measurement procedures identified 29 

voluntary consensus standards 

applicable to the proposed rules. The 

EPA determined these 29 standards 

identified for measuring emissions of 

Cd, CO, dioxins/furans, HCl, Hg, Pb, 

PM, NOX, and SO2 subject to the 

emission limits were impractical 

alternatives to EPA test methods for the 

purposes of the proposed rules. 

Therefore, EPA does not intend to adopt 

the standards for this purpose. (See

Docket ID No. OAR–2003–0156 for 

further information on the methods.) 

Four of the 29 voluntary consensus 

standards identified in this search were 

not available at the time the review was 

conducted because they are under 

development by a voluntary consensus 

body: ASME/BSR MFC 13M, ‘‘Flow 

Measurement by Velocity Traverse,’’ for 

EPA Method 2 (and possibly 1); ASME/

BSR MFC 12M, ‘‘Flow in Closed 

Conduits Using Multiport Averaging 

Pitot Primary Flowmeters,’’ for EPA 

Method 2; ISO/DIS 12039, ‘‘Stationary 

Source Emissions-Determination of 

Carbon Monoxide, Carbon Dioxide, and 

Oxygen-Automated Methods’ for EPA 

Method 3A; and ASTM Z6590Z, 

‘‘Manual Method for Both Speciated and 

Elemental Mercury’’ for EPA Method 29 

(portion for Hg only). 

Tables 1 and 3 of subpart EEEE of 40 

CFR part 60 and tables 2 and 4 of 

subpart FFFF of 40 CFR part 60 list the 

EPA testing methods included in the 

proposed rules. Under 40 CFR 60.8(b) 

and 60.13(i) of subpart A (General 

Provisions), a source may apply to EPA 

for permission to use alternative test 

methods or alternative monitoring 

requirements in place of any of the EPA 

testing methods, performance 

specifications, or procedures.

List of Subjects in 40 CFR Part 60

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements.

Dated: November 30, 2004. 

Michael O. Leavitt, 

Administrator.

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is proposed to be 

amended as follows:

PART 60—[AMENDED] 

1. The authority citation for part 60 

continues to read as follows:

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

Subpart A—[Amended] 

2. Section 60.17 is amended by 

adding paragraph (h)(4) to read as 

follows:

§ 60.17 Incorporation by Reference.

* * * * *

(h) * * *

(4) ASME PTC 19–10–1981–Part 10, 

Flue and Exhaust Gas Analyses (manual 

methods for measuring nitrogen oxide, 

oxygen, and sulfur dioxide content 

only), IBR approved for Tables 1 and 3 

of subpart EEEE, and Tables 2 and 4 of 

subpart FFFF of this part. 

3. Part 60 is amended by adding 

subpart EEEE to read as follows:

Subpart EEEE—Standards of 

Performance for Other Solid Waste 

Incineration Units for Which 

Construction Is Commenced After 

December 9, 2004, or for Which 

Modification or Reconstruction Is 

Commenced on or After [Date 6 

Months After Date Final Rule is 

Published in the Federal Register].

Introduction

Sec. 

60.2880 What does this subpart do? 

60.2881 When does this subpart become 

effective? 

Applicability 

60.2885 Does this subpart apply to my 

incineration unit? 

60.2886 What is a new incineration unit? 

60.2887 What combustion units are 

excluded from this subpart? 

60.2888 Are air curtain incinerators 

regulated under this subpart? 

60.2889 Who implements and enforces this 

subpart? 

60.2890 How are these new source 

performance standards structured? 

60.2891 Do all components of these new 

source performance standards apply at 

the same time? 

Preconstruction Siting Analysis 

60.2894 Who must prepare a siting 

analysis? 

60.2895 What is a siting analysis? 

Waste Management Plan 

60.2899 What is a waste management plan? 

60.2900 When must I submit my waste 

management plan? 

60.2901 What should I include in my waste 

management plan? 

Operator Training and Qualification 

60.2905 What are the operator training and 

qualification requirements? 

60.2906 When must the operator training 

course be completed? 

60.2907 How do I obtain my operator 

qualification? 

60.2908 How do I maintain my operator 

qualification? 

60.2909 How do I renew my lapsed 

operator qualification? 

60.2910 What site-specific documentation 

is required? 

60.2911 What if all the qualified operators 

are temporarily not accessible? 

Emission Limitations and Operating Limits 

60.2915 What emission limitations must I 

meet and by when? 

60.2916 What operating limits must I meet 

and by when? 

60.2917 What if I do not use a wet scrubber 

to comply with the emission limitations? 

60.2918 What happens during periods of 

startup, shutdown, and malfunction? 

Performance Testing 

60.2922 How do I conduct the initial and 

annual performance test?

60.2923 How are the performance test data 

used? 

Initial Compliance Requirements 

60.2927 How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

60.2928 By what date must I conduct the 

initial performance test? 

Continuous Compliance Requirements 

60.2932 How do I demonstrate continuous 

compliance with the emission 

limitations and the operating limits? 

60.2933 By what date must I conduct the 

annual performance test? 

60.2934 May I conduct performance testing 

less often? 

60.2935 May I conduct a repeat 

performance test to establish new 

operating limits? 

Monitoring 

60.2939 What continuous emission 

monitoring systems must I install? 

60.2940 How do I make sure my continuous 

emission monitoring systems are 

operating correctly? 

60.2941 What is my schedule for evaluating 

continuous emission monitoring 

systems? 

60.2942 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring 

71496 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

systems, and is the data collection 

requirement enforceable? 

60.2943 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

60.2944 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I 

monitor? 

60.2945 Is there a minimum amount of 

operating parameter monitoring data I 

must obtain? 

Recordkeeping and Reporting 

60.2949 What records must I keep? 

60.2950 Where and in what format must I 

keep my records? 

60.2951 What reports must I submit? 

60.2952 What must I submit prior to 

commencing construction? 

60.2953 What information must I submit 

prior to initial startup? 

60.2954 What information must I submit 

following my initial performance test? 

60.2955 When must I submit my annual 

report? 

60.2956 What information must I include in 

my annual report? 

60.2957 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.2958 What must I include in the 

deviation report? 

60.2959 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.2960 Are there any other notifications or 

reports that I must submit? 

60.2961 In what form can I submit my 

reports? 

60.2962 Can reporting dates be changed? 

Title V Operating Permits 

60.2966 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

60.2967 When must I submit a title V 

permit application for my new OSWI 

unit? 

Temporary Use Incinerators Used in 

Disaster Recovery 

60.2969 What are the requirements for 

temporary use incinerators used in 

disaster recovery? 

Air Curtain Incinerators That Burn Only 

Wood Waste, Clean Lumber, and Yard Waste 

60.2970 What is an air curtain incinerator? 

60.2971 What are the emission limitations 

for air curtain incinerators that burn only 

wood waste, clean lumber, and yard 

waste? 

60.2972 How must I monitor opacity for air 

curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

60.2973 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

60.2974 Am I required to apply for and 

obtain a title V operating permit for my 

air curtain incinerator that burns only 

wood waste, clean lumber, and yard 

waste? 

Equations 

60.2975 What equations must I use? 

Definitions 

60.2977 What definitions must I know?

Tables to Subpart EEEE of Part 60

Table 1 to Subpart EEEE of Part 60—

Emission Limitations 

Table 2 to Subpart EEEE of Part 60—

Operating Limits for Incinerators 

and Wet Scrubbers 

Table 3 to Subpart EEEE of Part 60—

Requirements for Continuous 

Emission Monitoring Systems 

(CEMS) 

Table 4 to Subpart EEEE of Part 60—

Summary of Reporting 

Requirements 

Introduction

§ 60.2880 What does this subpart do? 

This subpart establishes new source 

performance standards for other solid 

waste incineration (OSWI) units. Other 

solid waste incineration units are very 

small municipal waste combustion units 

and institutional waste incineration 

units.

§ 60.2881 When does this subpart become 

effective? 

This subpart takes effect 6 months 

after [DATE THE FINAL RULE IS 

PUBLISHED IN THE Federal Register]. 

Some of the requirements in this 

subpart apply to planning the OSWI 

unit and must be completed even before 

construction is initiated on the OSWI 

unit (i.e., the preconstruction 

requirements in §§ 60.2894 and 

60.2895). Other requirements such as 

the emission limitations and operating 

limits apply when the OSWI unit begins 

operation. 

Applicability

§ 60.2885 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 

§ 60.2886. 

(b) Your incineration unit is an OSWI 

unit as defined in § 60.2977. Other solid 

waste incineration units are very small 

municipal waste combustion units and 

institutional waste incineration units as 

defined in § 60.2977. 

(c) Your incineration unit is not 

excluded under § 60.2887.

§ 60.2886 What is a new incineration unit? 

(a) A new incineration unit is an 

incineration unit that meets either of the 

two criteria specified in paragraph (a)(1) 

or (2) of this section. 

(1) Commenced construction after 

December 9, 2004. 

(2) Commenced reconstruction or 

modification on or after [DATE 6 

MONTHS AFTER DATE FINAL RULE 

IS PUBLISHED IN THE Federal 

Register]. 

(b) This subpart does not affect your 

incineration unit if you make physical 

or operational changes to your 

incineration unit primarily to comply 

with the emission guidelines in subpart 

FFFF of this part. Such changes do not 

qualify as reconstruction or 

modification under this subpart.

§ 60.2887 What combustion units are 

excluded from this subpart? 

This subpart excludes the types of 

units described in paragraphs (a) 

through (p) of this section, as long as 

you meet the requirements of this 

section. 

(a) Cement kilns. Your unit is 

excluded if it is regulated under subpart 

LLL of part 63 of this chapter (National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry). 

(b) Co-fired combustors. Your unit, 

that would otherwise be considered a 

very small municipal waste combustion 

unit, is excluded if you meet four 

requirements: 

(1) Your unit has a Federally 

enforceable permit limiting the 

combustion of municipal solid waste to 

30 percent of the total fuel input by 

weight. 

(2) You notify the Administrator that 

the unit qualifies for the exclusion. 

(3) You provide the Administrator 

with a copy of the Federally enforceable 

permit. 

(4) You record the weights, each 

calendar quarter, of municipal solid 

waste and of all other fuels combusted. 

(c) Cogeneration facilities. Your unit 

is excluded if it meets the three 

requirements specified in paragraphs 

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

(1) The unit qualifies as a 

cogeneration facility under section 

3(18)(B) of the Federal Power Act (16 

U.S.C. 796(18)(B)). 

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity and steam or 

other forms of energy used for 

industrial, commercial, heating, or 

cooling purposes. 

(3) You notify the Administrator that 

the unit meets all of these criteria. 

(d) Commercial and industrial solid 

waste incineration units. Your unit is 

excluded if it is regulated under 

subparts CCCC or DDDD of this part and 

is required to meet the emission 

limitations established in those 

subparts. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71497

(e) Hazardous waste combustion 

units. Your unit is excluded if it meets 

either of the two criteria specified in 

paragraph (e)(1) or (2) of this section. 

(1) You are required to get a permit for 

your unit under section 3005 of the 

Solid Waste Disposal Act. 

(2) Your unit is regulated under 40 

CFR part 63, subpart EEE (National 

Emission Standards for Hazardous Air 

Pollutants from Hazardous Waste 

Combustors). 

(f) Hospital/medical/infectious waste 

incinerators. Your unit is excluded if it 

is regulated under subparts Ce or Ec of 

this part (New Source Performance 

Standards and Emission Guidelines for 

Hospital/Medical/Infectious Waste 

Incinerators). 

(g) Incinerators and air curtain 

incinerators in isolated areas of Alaska.

Your incineration unit is excluded if it 

is used at a solid waste disposal site in 

Alaska that is classified as a Class II or 

Class III municipal solid waste landfill, 

as defined in § 60.2977. 

(h) Rural institutional waste 

incinerators. Your incineration unit is 

excluded if it is an institutional waste 

incinerator, as defined in § 60.2977, and 

located more than 50 miles from the 

boundary of the nearest Metropolitan 

Statistical Area. 

(i) Institutional boilers and process 

heaters. Your unit is excluded if it is 

regulated under 40 CFR part 63, subpart 

DDDDD (National Emission Standards 

for Hazardous Air Pollutants for 

Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters). 

(j) Laboratory Analysis Units. Your 

unit is excluded if it burns samples of 

materials only for the purpose of 

chemical or physical analysis. 

(k) Materials recovery units. Your unit 

is excluded if it combusts waste for the 

primary purpose of recovering metals, 

such as primary and secondary smelters. 

(l) Pathological waste incineration 

units. Your institutional waste 

incineration unit or very small 

municipal waste combustion unit is 

excluded from this subpart if it burns 90 

percent or more by weight (on a 

calendar quarter basis and excluding the 

weight of auxiliary fuel and combustion 

air) of pathological waste, low-level 

radioactive waste, and/or 

chemotherapeutic waste as defined in 

§ 60.2977 and you notify the 

Administrator that the unit meets these 

criteria.

(m) Small or large municipal waste 

combustion units. Your unit is excluded 

if it is regulated under subparts AAAA, 

BBBB, Ea, Eb, or Cb, of this part and is 

required to meet the emission 

limitations established in those 

subparts. 

(n) Small power production facilities.

Your unit is excluded if it meets the 

three requirements specified in 

paragraphs (n)(1) through (3) of this 

section. 

(1) The unit qualifies as a small 

power-production facility under section 

3(17)(C) of the Federal Power Act (16 

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity. 

(3) You notify the Administrator that 

the unit meets all of these criteria. 

(o) Temporary-use incinerators used 

in disaster recovery. Your incinerator is 

excluded if it is used on a temporary 

basis to combust debris from a disaster 

or emergency such as a tornado, 

hurricane, flood, or act of bioterrorism 

and you comply with the requirements 

in § 60.2969. 

(p) Units that combust contraband or 

prohibited goods. Your unit is excluded 

if the unit is used by a government 

agency such as police, customs, 

agricultural inspection, or a similar 

agency to destroy only illegal or 

prohibited goods such as illegal drugs, 

or agricultural food products that can 

not be transported into the country or 

across state lines to prevent 

biocontamination.

§ 60.2888 Are air curtain incinerators 

regulated under this subpart? 

(a) Air curtain incinerators that burn 

less than 35 tons per day of municipal 

solid waste or air curtain incinerators 

located at institutional facilities burning 

any amount of institutional waste 

generated at that facility are subject to 

all requirements of this subpart, 

including the emission limitations 

specified in Table 1 of this subpart. 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (4) of this section must 

meet only the requirements in 

§§ 60.2970 through 60.2974 and the title 

V operating permit requirements of 

§§ 60.2966 and 60.2967, and are exempt 

from all other requirements of this 

subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste.

§ 60.2889 Who implements and enforces 

this subpart? 

(a) This subpart can be implemented 

and enforced by the U.S. Environmental 

Protection Agency (EPA), or a delegated 

authority such as your State, local, or 

tribal agency. If 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 paragraphs 

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

retained by the EPA Administrator and 

are not transferred to the State, local, or 

tribal agency. 

(1) Approval of alternatives to the 

emission limitations in Table 1 of this 

subpart and operating limits established 

under § 60.2916 and Table 2 of this 

subpart. 

(2) Approval of petitions for specific 

operating limits in § 60.2917. 

(3) Approval of major alternatives to 

test methods. 

(4) Approval of major alternatives to 

monitoring. 

(5) Approval of major alternatives to 

recordkeeping and reporting. 

(6) The status report requirements in 

§ 60.2911(c)(2).

§ 60.2890 How are these new source 

performance standards structured? 

These new source performance 

standards contain nine major 

components, as follows: 

(a) Preconstruction siting analysis. 

(b) Waste management plan. 

(c) Operator training and 

qualification. 

(d) Emission limitations and operating 

limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance 

requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting.

§ 60.2891 Do all 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 OSWI 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 OSWI 

unit begins operation. 

Preconstruction Siting Analysis

§ 60.2894 Who must prepare a siting 

analysis? 

(a) You must prepare a siting analysis 

if you commence construction of an 

71498 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

OSWI unit after [DATE 6 MONTHS 

AFTER DATE FINAL RULE IS 

PUBLISHED IN THE Federal Register]. 

(b) If you commence construction of 

your OSWI unit after December 9, 2004, 

but before [DATE 6 MONTHS AFTER 

DATE FINAL RULE IS PUBLISHED IN 

THE Federal Register], you are not 

required to prepare the siting analysis 

specified in this subpart. 

(c) You must prepare a siting analysis 

if you are required to submit an initial 

application for a construction permit 

under 40 CFR part 51, subpart I, or 40 

CFR part 52, as applicable, for the 

reconstruction or modification of your 

OSWI unit.

§ 60.2895 What is a siting analysis? 

(a) The siting analysis must consider 

air pollution control alternatives that 

minimize, on a site-specific basis, to the 

maximum extent practicable, potential 

risks to public health or the 

environment. In considering such 

alternatives, you may consider costs, 

energy impacts, nonair environmental 

impacts, or any other factors related to 

the practicability of the alternatives. 

(b) Analyses of your OSWI unit’s 

impacts that are prepared to comply 

with State, local, or other Federal 

regulatory requirements may be used to 

satisfy the requirements of this section, 

provided they include the consideration 

of air pollution control alternatives 

specified in paragraph (a) of this 

section. 

(c) You must complete and submit the 

siting requirements of this section as 

required under § 60.2952(c) prior to 

commencing construction. 

Waste Management Plan

§ 60.2899 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.

§ 60.2900 When must I submit my waste 

management plan? 

You must submit a waste management 

plan prior to commencing construction.

§ 60.2901 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

§ 60.2905 What are the operator training 

and qualification requirements? 

(a) No OSWI unit can be operated 

unless a fully trained and qualified 

OSWI unit operator is accessible, either 

at the facility or can be at the facility 

within 1 hour. The trained and qualified 

OSWI unit operator may operate the 

OSWI unit directly or be the direct 

supervisor of one or more other plant 

personnel who operate the unit. If all 

qualified OSWI unit operators are 

temporarily not accessible, you must 

follow the procedures in § 60.2911. 

(b) Operator training and qualification 

must be obtained through a Stateapproved program or by completing the 

requirements included in paragraph (c) 

of this section. 

(c) Training must be obtained by 

completing an incinerator operator 

training course that includes, at a 

minimum, the three elements described 

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

section. 

(1) Training on the thirteen subjects 

listed in paragraphs (c)(1)(i) through 

(xiii) of this section. 

(i) Environmental concerns, including 

types of emissions.

(ii) Basic combustion principles, 

including products of combustion. 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, waste 

charging, and shutdown procedures. 

(iv) Combustion controls and 

monitoring. 

(v) Operation of air pollution control 

equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices. 

(vii) Methods to monitor pollutants 

(including monitoring of incinerator and 

control device operating parameters) 

and monitoring equipment calibration 

procedures, where applicable. 

(viii) Actions to correct malfunctions 

or conditions that may lead to 

malfunction. 

(ix) Bottom and fly ash characteristics 

and handling procedures. 

(x) Applicable Federal, State, and 

local regulations, including 

Occupational Safety and Health 

Administration workplace standards. 

(xi) Pollution prevention. 

(xii) Waste management practices. 

(xiii) Recordkeeping requirements. 

(2) An examination designed and 

administered by the instructor. 

(3) Written material covering the 

training course topics that may serve as 

reference material following completion 

of the course.

§ 60.2906 When must the operator training 

course be completed? 

The operator training course must be 

completed by the latest of the three 

dates specified in paragraphs (a) 

through (c) of this section. 

(a) Six months after your OSWI unit 

startup. 

(b) One year after [DATE FINAL RULE 

IS PUBLISHED IN THE Federal 

Register]. 

(c) The date before an employee 

assumes responsibility for operating the 

OSWI unit or assumes responsibility for 

supervising the operation of the OSWI 

unit.

§ 60.2907 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 60.2905(c). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 60.2905(c)(2).

§ 60.2908 How do I maintain my operator 

qualification? 

To maintain qualification, you must 

complete an annual review or refresher 

course covering, at a minimum, the five 

topics described in paragraphs (a) 

through (e) of this section. 

(a) Update of regulations. 

(b) Incinerator operation, including 

startup and shutdown procedures, waste 

charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Responses to malfunctions or 

conditions that may lead to 

malfunction. 

(e) Discussion of operating problems 

encountered by attendees.

§ 60.2909 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 § 60.2908. 

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

must repeat the initial qualification 

requirements in § 60.2907(a).

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71499

§ 60.2910 What site-specific 

documentation is required? 

(a) Documentation must be available 

at the facility and readily accessible for 

all OSWI unit operators that addresses 

the nine topics described in paragraphs 

(a)(1) through (9) of this section. You 

must maintain this information and the 

training records required by paragraph 

(c) of this section in a manner that they 

can be readily accessed and are suitable 

for inspection upon request. 

(1) Summary of the applicable 

standards under this subpart. 

(2) Procedures for receiving, handling, 

and charging waste. 

(3) Incinerator startup, shutdown, and 

malfunction procedures. 

(4) Procedures for maintaining proper 

combustion air supply levels. 

(5) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(6) Monitoring procedures for 

demonstrating compliance with the 

operating limits established under this 

subpart. 

(7) Reporting and recordkeeping 

procedures. 

(8) The waste management plan 

required under §§ 60.2899 through 

60.2901. 

(9) Procedures for handling ash. 

(b) You must establish a program for 

reviewing the information listed in 

paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the 

information listed in paragraph (a) of 

this section must be conducted by [6 

months after the effective date of this 

subpart] or prior to an employee’s 

assumption of responsibilities for 

operation of the OSWI unit, whichever 

date is later. 

(2) Subsequent annual reviews of the 

information listed in paragraph (a) of 

this section must be conducted not later 

than 12 months following the previous 

review. 

(c) You must also maintain the 

information specified in paragraphs 

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

(1) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

paragraph (a) of this section as required 

by paragraph (b) of this section, 

including the date of the initial review 

and all subsequent annual reviews. 

(2) Records showing the names of the 

OSWI operators who have completed 

the operator training requirements 

under § 60.2905, met the criteria for 

qualification under § 60.2907, and 

maintained or renewed their 

qualification under § 60.2908 or 

§ 60.2909. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(3) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours.

§ 60.2911 What if all the qualified 

operators are temporarily not accessible? 

If all qualified operators are 

temporarily not accessible (i.e., not at 

the facility and not able to be at the 

facility within 1 hour), you must meet 

one of the three criteria specified in 

paragraphs (a) through (c) of this 

section, depending on the length of time 

that a qualified operator is not 

accessible. 

(a) When all qualified operators are 

not accessible for 12 hours or less, the 

OSWI unit may be operated by other 

plant personnel familiar with the 

operation of the OSWI unit who have 

completed review of the information 

specified in § 60.2910(a) within the past 

12 months. You do not need to notify 

the Administrator or include this as a 

deviation in your annual report. 

(b) When all qualified operators are 

not accessible for more than 12 hours, 

but less than 2 weeks, the OSWI unit 

may be operated by other plant 

personnel familiar with the operation of 

the OSWI unit who have completed a 

review of the information specified in 

§ 60.2910(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 

§ 60.2956.

(c) When all qualified operators are 

not accessible for 2 weeks or more, you 

must take the two actions that are 

described in paragraphs (c)(1) and (2) of 

this section. 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

and when you anticipate that a qualified 

operator will be accessible. 

(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 OSWI unit. You must submit the 

first status report 4 weeks after you 

notify the Administrator of the 

deviation under paragraph (c)(1) of this 

section. If the Administrator notifies 

you that your request to continue 

operation of the OSWI unit is 

disapproved, the OSWI unit may 

continue operation for 90 days, then 

must cease operation. Operation of the 

unit may resume if you meet the two 

requirements in paragraphs (c)(2)(i) and 

(ii) of this section. 

(i) A qualified operator is accessible 

as required under § 60.2905(a). 

(ii) You notify the Administrator that 

a qualified operator is accessible and 

that you are resuming operation. 

Emission Limitations and Operating 

Limits

§ 60.2915 What emission limitations must I 

meet and by when? 

You must meet the emission 

limitations specified in Table 1 of this 

subpart 60 days after your OSWI unit 

reaches the charge rate at which it will 

operate, but no later than 180 days after 

its initial startup.

§ 60.2916 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber to 

comply with the emission limitations, 

you must establish operating limits for 

four operating parameters (as specified 

in Table 2 of this subpart) as described 

in paragraphs (a)(1) through (4) of this 

section during the initial performance 

test. 

(1) Maximum charge rate, calculated 

using one of the two different 

procedures in paragraphs (a)(1)(i) or (ii) 

of this section, as appropriate. 

(i) For continuous and intermittent 

units, maximum charge rate is the 

average charge rate measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations.

(ii) For batch units, maximum charge 

rate is the charge rate measured during 

the most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(2) Minimum pressure drop across the 

wet scrubber, which is calculated as the 

average pressure drop across the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with the particulate matter 

emission limitations; or minimum 

amperage to the wet scrubber, which is 

calculated as the average amperage to 

the wet scrubber measured during the 

most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquor flow 

rate, which is calculated as the average 

liquor flow rate at the inlet to the wet 

scrubber measured during the most 

recent performance test demonstrating 

71500 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

compliance with all applicable emission 

limitations. 

(4) Minimum scrubber liquor pH, 

which is calculated as the average liquor 

pH at the inlet to the wet scrubber 

measured during the most recent 

performance test demonstrating 

compliance with the HCl and SO2

emission limitation. 

(b) You must meet the operating 

limits established during the initial 

performance test 60 days after your 

OSWI unit reaches the charge rate at 

which it will operate, but no later than 

180 days after its initial startup.

§ 60.2917 What if I do not use a wet 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber or limit 

emissions in some other manner to 

comply with the emission limitations 

under § 60.2915, you must petition the 

Administrator for specific operating 

limits, the values of which are to be 

established during the initial 

performance test and then continuously 

monitored thereafter. You must not 

conduct the initial performance test 

until after the petition has been 

approved by the 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 

operating limits. 

(b) A discussion of the relationship 

between these parameters and emissions 

of regulated pollutants, identifying how 

emissions of regulated pollutants 

change with changes in these 

parameters, and how limits on these 

parameters will serve to limit emissions 

of regulated pollutants. 

(c) A discussion of how you will 

establish the upper and/or lower values 

for these parameters that will establish 

the operating limits on these 

parameters. 

(d) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

these parameters, as well as the relative 

accuracy and precision of these methods 

and instruments. 

(e) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters.

§ 60.2918 What happens during periods of 

startup, shutdown, and malfunction? 

The emission limitations and 

operating limits apply at all times 

except during OSWI unit startups, 

shutdowns, or malfunctions. 

Performance Testing

§ 60.2922 How do I conduct the initial and 

annual performance test? 

(a) All performance tests must consist 

of a minimum of three test runs 

conducted under conditions 

representative of normal operations. 

(b) All performance tests must be 

conducted using the methods in Table 

1 of this subpart. 

(c) All performance tests must be 

conducted using the minimum run 

duration specified in Table 1 of this 

subpart.

(d) Method 1 of appendix A of 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) Adjust all pollutant concentrations, 

except for opacity, to 7 percent oxygen 

using Equation 1 in § 60.2975.

§ 60.2923 How are the performance test 

data used? 

You use results of performance tests 

to demonstrate compliance with the 

emission limitations in Table 1 of this 

subpart. 

Initial Compliance Requirements

§ 60.2927 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 

§ 60.8, to determine compliance with 

the emission limitations in Table 1 of 

this subpart and to establish operating 

limits using the procedure in § 60.2916 

or § 60.2917. The initial performance 

test must be conducted using the test 

methods listed in Table 1 of this subpart 

and the procedures in § 60.2922.

§ 60.2928 By what date must I conduct the 

initial performance test? 

The initial performance test must be 

conducted within 60 days after your 

OSWI unit reaches the charge rate at 

which it will operate, but no later than 

180 days after its initial startup. 

Continuous Compliance Requirements

§ 60.2932 How do I demonstrate 

continuous compliance with the emission 

limitations and the operating limits? 

(a) You must conduct an annual 

performance test for all of the pollutants 

in Table 1 of this subpart for each OSWI 

unit to determine compliance with the 

emission limitations. The annual 

performance test must be conducted 

using the test methods listed in Table 1 

of this subpart and the procedures in 

§ 60.2922. 

(b) You must continuously monitor 

carbon monoxide emissions to 

determine compliance with the carbon 

monoxide emissions limitation. Threehour rolling average values are used to 

determine compliance. Operation above 

the carbon monoxide emission limit in 

Table 1 constitutes a deviation from the 

emission limitation. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.2916 or established under 

§ 60.2917. Operation above the 

established maximum or below the 

established minimum operating limits 

constitutes a deviation from the 

established operating limits. Three-hour 

rolling average values are used to 

determine compliance unless a different 

averaging period is established under 

§ 60.2917. Operating limits do not apply 

during performance tests.

§ 60.2933 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests within 12 months 

following the initial performance test. 

Conduct subsequent annual 

performance tests within 12 months 

following the previous one.

§ 60.2934 May I conduct performance 

testing less often? 

(a) You can test less often for a given 

pollutant if you have test data for at 

least three consecutive annual tests, and 

all performance tests for the pollutant 

over that period show that you comply 

with the emission limitation. In this 

case, you do not have to conduct a 

performance test for that pollutant for 

the next 2 years. You must conduct a 

performance test during the third year 

and no more than 36 months following 

the previous performance test. 

(b) If your OSWI unit continues to 

meet the emission limitation for the 

pollutant, you may choose to conduct 

performance tests for that pollutant 

every third year, but each test must be 

within 36 months of the previous 

performance test. 

(c) If a performance test shows a 

deviation from an emission limitation 

for any pollutant, you must conduct 

annual performance tests for that 

pollutant until three consecutive annual 

performance tests for that pollutant all 

show compliance.

§ 60.2935 May I conduct a repeat 

performance test to establish new operating 

limits? 

Yes, you may conduct a repeat 

performance test at any time to establish 

new values for the operating limits. The 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71501

Administrator may request a repeat 

performance test at any time. 

Monitoring

§ 60.2939 What continuous emission 

monitoring systems must I install? 

(a) You must install, calibrate, 

maintain, and operate continuous 

emission monitoring systems for carbon 

monoxide and for oxygen. You must 

monitor the oxygen concentration at 

each location where you monitor carbon 

monoxide. 

(b) You must install, evaluate, and 

operate each continuous emission 

monitoring system according to the 

‘‘Monitoring Requirements’’ in § 60.13.

§ 60.2940 How do I make sure my 

continuous emission monitoring systems 

are operating correctly?

(a) Conduct initial, daily, quarterly, 

and annual evaluations of your 

continuous emission monitoring 

systems that measure carbon monoxide 

and oxygen. 

(b) Complete your initial evaluation of 

the continuous emission monitoring 

systems within 60 days after your OSWI 

unit reaches the maximum load level at 

which it will operate, but no later than 

180 days after its initial startup. 

(c) For initial and annual evaluations, 

collect data concurrently (or within 30 

to 60 minutes) using your carbon 

monoxide and oxygen continuous 

emission monitoring systems. To 

validate carbon monoxide concentration 

levels, use EPA Method 10, 10A, or 10B 

of appendix A of this part. Use EPA 

Method 3 or 3A to measure oxygen. 

Collect the data during each initial and 

annual evaluation of your continuous 

emission monitoring systems following 

the applicable performance 

specifications in appendix B of this part. 

Table 3 of this subpart shows the 

required span values and performance 

specifications that apply to each 

continuous emission monitoring system. 

(d) Follow the quality assurance 

procedures in Procedure 1 of appendix 

F of this part for each continuous 

emission monitoring system. The 

procedures include daily calibration 

drift and quarterly accuracy 

determinations.

§ 60.2941 What is my schedule for 

evaluating continuous emission monitoring 

systems? 

(a) Conduct annual evaluations of 

your continuous emission monitoring 

systems no more than 12 months after 

the previous evaluation was conducted. 

(b) Evaluate your continuous emission 

monitoring systems daily and quarterly 

as specified in appendix F of this part.

§ 60.2942 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring systems, 

and is the data collection requirement 

enforceable? 

(a) Where continuous emission 

monitoring systems are required, obtain 

1-hour arithmetic averages. Make sure 

the averages for carbon monoxide are in 

parts per million by dry volume at 7 

percent oxygen. Use the 1-hour averages 

of oxygen data from your continuous 

emission monitoring system to 

determine the actual oxygen level and to 

calculate emissions at 7 percent oxygen. 

(b) Obtain at least two data points per 

hour in order to calculate a valid 1-hour 

arithmetic average. Section 60.13(e)(2) 

requires your continuous emission 

monitoring systems to complete at least 

one cycle of operation (sampling, 

analyzing, and data recording) for each 

15-minute period.

(c) Obtain valid 1-hour averages for at 

least 75 percent of the operating hours 

per day for at least 90 percent of the 

operating days per calendar quarter. An 

operating day is any day the unit 

combusts any municipal or institutional 

solid waste. 

(d) If you do not obtain the minimum 

data required in paragraphs (a) through 

(c) of this section, you have deviated 

from the data collection requirement 

regardless of the emission level 

monitored. 

(e) If you do not obtain the minimum 

data required in paragraphs (a) through 

(c) of this section, you must still use all 

valid data from the continuous emission 

monitoring systems in calculating 

emission concentrations. 

(f) If continuous emission monitoring 

systems are temporarily unavailable to 

meet the data collection requirements, 

refer to Table 3 of this subpart. It shows 

alternate methods for collecting data 

when systems malfunction or when 

repairs, calibration checks, or zero and 

span checks keep you from collecting 

the minimum amount of data.

§ 60.2943 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

(a) Use Equation 1 in § 60.2975 to 

calculate emissions at 7 percent oxygen. 

(b) Use Equation 2 in § 60.2975 to 

calculate the 3-hour rolling averages for 

concentrations of carbon monoxide.

§ 60.2944 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I monitor? 

(a) If you are using a wet scrubber to 

comply with the emission limitations 

under § 60.2915, you must install, 

calibrate (to manufacturers’

specifications), maintain, and operate 

devices (or establish methods) for 

monitoring the value of the operating 

parameters used to determine 

compliance with the operating limits 

listed in Table 2 of this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in Table 2 of this subpart at all times. 

(b) You must install, calibrate (to 

manufacturers’ specifications), 

maintain, and operate a device or 

method for measuring the use of any 

stack that could be used to bypass the 

control device. The measurement must 

include the date, time, and duration of 

the use of the bypass stack. 

(c) If you are using a method or air 

pollution control device other than a 

wet scrubber to comply with the 

emission limitations under § 60.2915, 

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 

§ 60.2917.

§ 60.2945 Is there a minimum amount of 

operating parameter monitoring data I must 

obtain? 

(a) Except for monitor malfunctions, 

associated repairs, and required quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments of the monitoring system), 

you must conduct all monitoring at all 

times the OSWI unit is operating. 

(b) You must obtain valid monitoring 

data for at least 75 percent of the 

operating hours per day for at least 90 

percent of the operating days per 

calendar quarter. An operating day is 

any day the unit combusts any 

municipal or institutional solid waste. 

(c) If you do not obtain the minimum 

data required in paragraphs (a) and (b) 

of this section, you have deviated from 

the data collection requirement 

regardless of the operating parameter 

level monitored. 

(d) Do not use data recorded during 

monitor malfunctions, associated 

repairs, and required quality assurance 

or quality control activities for meeting 

the requirements of this subpart, 

including data averages and 

calculations. You must use all the data 

collected during all other periods in 

assessing compliance with the operating 

limits. 

Recordkeeping and Reporting

§ 60.2949 What records must I keep? 

You must maintain the 15 items (as 

applicable) as specified in paragraphs 

(a) through (o) of this section for a 

period of at least 5 years: 

71502 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

(a) Calendar date of each record. 

(b) Records of the data described in 

paragraphs (b)(1) through (8) of this 

section: 

(1) The OSWI unit charge dates, 

times, weights, and hourly charge rates. 

(2) Liquor flow rate to the wet 

scrubber inlet every 15 minutes of 

operation, as applicable. 

(3) Pressure drop across the wet 

scrubber system every 15 minutes of 

operation or amperage to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(5) For affected OSWI units that 

establish operating limits for controls 

other than wet scrubbers under 

§ 60.2917, you must maintain data 

collected for all operating parameters 

used to determine compliance with the 

operating limits.

(6) All 1-hour average concentrations 

of carbon monoxide emissions. 

(7) All 3-hour rolling average values 

of carbon monoxide emissions and all 3-

hour rolling average values of 

continuously monitored operating 

parameters. 

(8) Records of the dates, times, and 

durations of any bypass of the control 

device. 

(c) Identification of calendar dates 

and times for which continuous 

emission monitoring systems or 

monitoring systems used to monitor 

operating limits were inoperative, 

inactive, malfunctioning, or out of 

control (except for downtime associated 

with zero and span and other routine 

calibration checks). Identify the 

pollutant emissions or operating 

parameters not measured, the duration, 

reasons for not obtaining the data, and 

a description of corrective actions taken. 

(d) Identification of calendar dates, 

times, and durations of malfunctions, 

and a description of the malfunction 

and the corrective action taken. 

(e) Identification of calendar dates 

and times for which monitoring data 

show a deviation from the carbon 

monoxide emissions limit in Table 1 of 

this subpart or a deviation from the 

operating limits in Table 2 of this 

subpart or a deviation from other 

operating limits established under 

§ 60.2917 with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(f) Calendar dates when continuous 

monitoring systems did not collect the 

minimum amount of data required 

under §§ 60.2942 and 60.2945. 

(g) For carbon monoxide continuous 

emissions monitoring systems, 

document the results of your daily drift 

tests and quarterly accuracy 

determinations according to Procedure 1 

of appendix F of this part. 

(h) Records of the calibration of any 

monitoring devices required under 

§ 60.2944. 

(i) The results of the initial, annual, 

and any subsequent performance tests 

conducted to determine compliance 

with the emission limits and/or to 

establish operating limits, as applicable. 

Retain a copy of the complete test report 

including calculations and a description 

of the types of waste burned during the 

test. 

(j) All documentation produced as a 

result of the siting requirements of 

§§ 60.2894 and 60.2895. 

(k) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

§ 60.2910(a) as required by § 60.2910(b), 

including the date of the initial review 

and all subsequent annual reviews.

(l) Records showing the names of the 

OSWI operators who have completed 

the operator training requirements 

under § 60.2905, met the criteria for 

qualification under § 60.2907, and 

maintained or renewed their 

qualification under § 60.2908 or 

§ 60.2909. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(m) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(n) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(o) The information listed in 

§ 60.2910(a).

§ 60.2950 Where and in what format must 

I keep my records? 

(a) You must keep each record on site 

for at least 2 years. You may keep the 

records off site for the remaining 3 

years. 

(b) All records must be available in 

either paper copy or computer-readable 

format that can be printed upon request, 

unless an alternative format is approved 

by the Administrator.

§ 60.2951 What reports must I submit? 

See Table 4 of this subpart for a 

summary of the reporting requirements.

§ 60.2952 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 

§ 60.2895. 

(d) The waste management plan as 

specified in §§ 60.2899 through 60.2901. 

(e) Anticipated date of initial startup.

§ 60.2953 What information must I submit 

prior to initial startup? 

You must submit the information 

specified in paragraphs (a) through (e) of 

this section prior to initial startup. 

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

(b) The maximum design waste 

burning capacity. 

(c) The anticipated maximum charge 

rate. 

(d) If applicable, the petition for sitespecific operating limits under 

§ 60.2917.

(e) The anticipated date of initial 

startup.

§ 60.2954 What information must I submit 

following my initial performance test? 

You must submit the information 

specified in paragraphs (a) and (b) of 

this section no later than 60 days 

following the initial performance test. 

All reports must be signed by the 

facilities manager. 

(a) The complete test report for the 

initial performance test results obtained 

under § 60.2927, as applicable. 

(b) The values for the site-specific 

operating limits established in § 60.2916 

or § 60.2917.

§ 60.2955 When must I submit my annual 

report? 

You must submit an annual report no 

later than 12 months following the 

submission of the information in 

§ 60.2954. You must submit subsequent 

reports no more than 12 months 

following the previous report.

§ 60.2956 What information must I include 

in my annual report? 

The annual report required under 

§ 60.2955 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 

§§ 60.2957, 60.2958, and 60.2959. 

(a) Company name and address. 

(b) Statement by the owner or 

operator, with their name, title, and 

signature, certifying the truth, accuracy, 

and completeness of the report. Such 

certifications must also comply with the 

requirements of 40 CFR 70.5(d) or 

71.5(d). 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71503

(c) Date of report and beginning and 

ending dates of the reporting period. 

(d) The values for the operating limits 

established pursuant to § 60.2916 or 

§ 60.2917. 

(e) If no deviation from any emission 

limitation or operating limit that applies 

to you has been reported, a statement 

that there was no deviation from the 

emission limitations or operating limits 

during the reporting period, and that no 

monitoring system used to determine 

compliance with the emission 

limitations or operating limits was 

inoperative, inactive, malfunctioning or 

out of control. 

(f) The highest recorded 3-hour 

average and the lowest recorded 3-hour 

average, as applicable, for carbon 

monoxide emissions and for each 

operating parameter recorded for the 

calendar year being reported. 

(g) Information recorded under 

§ 60.2949(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 

§ 60.2934(a) or (b), and did not conduct 

a performance test during the reporting 

period, you must state that you met the 

requirements of § 60.2934(a) or (b), and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all 

qualified OSWI unit operators were 

unavailable for more than 12 hours, but 

less than 2 weeks.

§ 60.2957 What else must I report if I have 

a deviation from the operating limits or the 

emission limitations? 

(a) You must submit a deviation 

report if any recorded 3-hour average 

parameter level is above the maximum 

operating limit or below the minimum 

operating limit established under this 

subpart, if any recorded 3-hour average 

carbon monoxide emission rate is above 

the emission limitation, if the control 

device was bypassed, or if a 

performance test was conducted that 

showed a deviation from any emission 

limitation. 

(b) The deviation report must be 

submitted by August 1 of that year for 

data collected during the first half of the 

calendar year (January 1 to June 30), and 

by February 1 of the following year for 

data you collected during the second 

half of the calendar year (July 1 to 

December 31).

§ 60.2958 What must I include in the 

deviation report? 

In each report required under 

§ 60.2957, for any pollutant or operating 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the 

seven items described in paragraphs (a) 

through (g) of this section. 

(a) The calendar dates and times your 

unit deviated from the emission 

limitations or operating limit 

requirements. 

(b) The averaged and recorded data 

for those dates. 

(c) Durations and causes of each 

deviation from the emission limitations 

or operating limits and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and any test report that documents the 

emission levels. 

(e) The dates, times, number, 

duration, and causes for monitor 

downtime incidents (other than 

downtime associated with zero, span, 

and other routine calibration checks). 

(f) Whether each deviation occurred 

during a period of startup, shutdown, or 

malfunction, or during another period. 

(g) The dates, times, and durations of 

any bypass of the control device.

§ 60.2959 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 OSWI unit. 

(b) If your unit was shut down by the 

Administrator, under the provisions of 

§ 60.2911(c)(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.

§ 60.2960 Are there any other notifications 

or reports that I must submit? 

Yes, you must submit notifications as 

provided by § 60.7.

§ 60.2961 In what form can I submit my 

reports? 

Submit initial, annual, and deviation 

reports electronically or in paper format, 

postmarked on or before the submittal 

due dates.

§ 60.2962 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

§ 60.2966 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

Yes, if you are subject to this subpart, 

you are required to apply for and obtain 

a title V operating permit unless you 

meet the relevant requirements for an 

exemption specified in § 60.2887.

§ 60.2967 When must I submit a title V 

permit application for my new OSWI unit? 

(a) If your new OSWI unit is not 

subject to an earlier permit application 

deadline, a complete title V permit 

application must be submitted on or 

before one of the dates specified in 

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

(See section 503(c) of the Clean Air Act 

and 40 CFR 70.5(a)(1)(i) and 

71.5(a)(1)(i).) 

(1) For an OSWI unit that commenced 

operation as a new source as of [DATE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register], then a complete title 

V permit application must be submitted 

not later than 12 months after [DATE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register]. 

(2) For an OSWI unit that does not 

commence operation as a new source 

until after [DATE FINAL RULE IS 

PUBLISHED IN THE Federal Register], 

then a complete title V permit 

application must be submitted not later 

than 12 months after the date the OSWI 

unit commences operation as a new 

source. 

(b) If your OSWI unit is subject to title 

V as a result of some triggering 

requirement(s) other than this subpart 

(for example, an OSWI unit may be a 

major source or part of a major source), 

then your unit may be required to apply 

for a title V permit prior to the deadlines 

specified in paragraph (a) of this 

section. If more than one requirement 

triggers a source’s obligation to apply for 

a title V permit, the 12-month time 

71504 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

frame for filing a title V permit 

application is triggered by the 

requirement that first causes the source 

to be subject to title V. (See section 

503(c) of the Clean Air Act and 40 CFR 

70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and 

(b), and 71.5(a)(1)(i).)

(c) A ‘‘complete’’ title V permit 

application is one that has been 

determined or deemed complete by the 

relevant permitting authority under 

section 503(d) of the Clean Air Act and 

40 CFR 70.5(a)(2) or 71.5(a)(2). You 

must submit a complete permit 

application by the relevant application 

deadline in order to operate after this 

date in compliance with Federal law. 

(See sections 503(d) and 502(a) of the 

Clean Air Act and 40 CFR 70.7(b) and 

71.7(b).) 

Temporary Use Incinerators Used in 

Disaster Recovery

§ 60.2969 What are the requirements for 

temporary use incinerators used in disaster 

recovery? 

Your incinerator is excluded from the 

requirements of this subpart if it is used 

on a temporary basis to combust debris 

from a disaster or emergency such as a 

tornado, hurricane, flood, or act of 

bioterrorism, and you follow the 

requirements in paragraphs (a) or (b) of 

this section, depending on the extent of 

response necessary for disaster recovery. 

(a) If the incinerator is used to 

combust debris in an area declared a 

State of Emergency by a State 

government, or the President, under the 

authority of the Stafford Act, has 

declared that an emergency or a major 

disaster exists in the area, then the 

incinerator is excluded from the 

requirements of this subpart. 

(b) If the incinerator is used to 

combust debris in an area that is not 

declared a State of Emergency or major 

disaster, then you must meet the 

requirements of paragraphs (b)(1) 

through (b)(3) of this section, depending 

on the length of time the incinerator 

will be used at the same location. 

(1) If the incinerator is used for less 

than 8 weeks at the same location, then 

it is excluded from the requirements of 

this subpart. You do not need to notify 

the Administrator of its use or meet the 

emission limits or other requirements of 

this subpart. 

(2) If the incinerator will be used for 

8 weeks or more at the same location, 

you must notify the Administrator that 

the temporary use incinerator will be 

used for 8 weeks or more and request 

permission to continue to operate the 

incinerator. 

(i) The notification must be submitted 

in writing by the date 8 weeks after you 

start operation of the temporary use 

incinerator at its current location. 

(ii) The notification must contain the 

date the incinerator started operation at 

its current location, identification of the 

disaster or emergency for which the 

incinerator is being used, a description 

of the types of materials being burned in 

the incinerator, a brief description of the 

size and design of the incinerator (for 

example, an air curtain incinerator or a 

modular starved-air incinerator), the 

reasons the incinerator must be operated 

for more than 8 weeks, and the amount 

of time for which you request 

permission to operate including the date 

you expect to cease operation of the 

incinerator. 

(3) If you submitted the notification 

containing the information in paragraph 

(b)(2)(ii) by the date specified in 

paragraph (b)(2)(i), you may continue to 

operate the incinerator for 8 additional 

weeks, which is a total of 16 weeks from 

the date the incinerator started 

operation in its current location. You do 

not have to meet the emission limits or 

other requirements of this subpart 

during this period. 

(i) At the end of 16 weeks from the 

date the incinerator started operation in 

its current location, you must cease 

operation of the incinerator or comply 

with all requirements of this subpart, 

unless the Administrator has approved 

in writing your request to continue 

operation. 

(ii) If the Administrator has approved 

in writing your request to continue 

operation, then you may continue to 

operate the incinerator until the date 

specified in the approval, and you do 

not need to comply with any other 

requirements of this subpart during the 

approved time period. 

Air Curtain Incinerators That Burn 

Only Wood Waste, Clean Lumber, and 

Yard Waste

§ 60.2970 What is an air curtain 

incinerator? 

(a) An air curtain incinerator operates 

by forcefully projecting a curtain of air 

across an open, integrated combustion 

chamber (fire box) or open pit or trench 

(trench burner) in which combustion 

occurs. For the purpose of this subpart 

and subpart FFFF only, air curtain 

incinerators include both firebox and 

trench burner units. 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (4) of this section are 

required to meet only the requirements 

in § 60.2970 through § 60.2973 and are 

exempt from all other requirements of 

this subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste.

§ 60.2971 What are the emission 

limitations for air curtain incinerators that 

burn only wood waste, clean lumber, and 

yard waste? 

(a) 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)(1) and (2) of 

this section. 

(1) The opacity limitation is 10 

percent (6-minute average), except as 

described in paragraph (a)(2) of this 

section. 

(2) The opacity limitation is 35 

percent (6-minute average) during the 

startup period that is within the first 30 

minutes of operation. 

(b) The limitations in paragraph (a) of 

this section apply at all times except 

during malfunctions.

§ 60.2972 How must I monitor opacity for 

air curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

(a) Use Method 9 of appendix A of 

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.

§ 60.2973 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

(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 curtain incinerator. 

(b) Keep records of results of all initial 

and annual opacity tests in either paper 

copy or computer-readable format that 

can be printed upon request, unless the 

Administrator approves another format, 

for at least 5 years. You must keep each 

record on site for at least 2 years. You 

may keep the records off site for the 

remaining 3 years. 

(c) Make all records available for 

submittal to the Administrator or for an 

inspector’s review. 

(d) You must submit the results (each 

6-minute average) of the initial opacity 

tests no later than 60 days following the 

initial test. Submit annual opacity test 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71505

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 on site for a period of 5 

years. You must keep each report on site 

for at least 2 years. You may keep the 

reports off site for the remaining 3 years.

§ 60.2974 Am I required to apply for and 

obtain a title V operating permit for my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste? 

Yes, if your air curtain is subject to 

this subpart, you are required to apply 

for and obtain a title V operating permit 

as specified in §§ 60.2966 and 60.2967. 

Equations

§ 60.2975 What equations must I use? 

(a) Percent oxygen. Adjust all 

pollutant concentrations to 7 percent 

oxygen using Equation 1 of this section.

C * (Eq. 1) adj = − C O meas ( ) 20 9 7 20 9 ( ) − 2 . .%

Where:

Cadj = pollutant concentration adjusted 

to 7 percent oxygen 

Cmeas = pollutant concentration 

measured on a dry basis 

(20.9 ¥ 7) = 20.9 percent oxygen ¥7 

percent oxygen (defined oxygen 

correction basis) 

20.9 = oxygen concentration in air, 

percent 

%O2 = oxygen concentration measured 

on a dry basis, percent

(b) Capacity of a very small municipal 

waste combustion unit. For very small 

municipal waste combustion units that 

can operate continuously for 24-hour 

periods, calculate the unit capacity 

based on 24 hours of operation at the 

maximum charge rate. To determine the 

maximum charge rate, use one of two 

methods: 

(1) For very small municipal waste 

combustion units with a design based 

on heat input capacity, calculate the 

maximum charging rate based on the 

maximum heat input capacity and one 

of two heating values: 

(i) If your very small municipal waste 

combustion unit combusts refusederived fuel, use a heating value of 

12,800 kilojoules per kilogram (5,500 

British thermal units per pound). 

(ii) If your very small municipal waste 

combustion unit combusts municipal 

solid waste, use a heating value of 

10,500 kilojoules per kilogram (4,500 

British thermal units per pound). 

(2) For very small municipal waste 

combustion units with a design not 

based on heat input capacity, use the 

maximum design charging rate. 

(c) Capacity of a batch very small 

municipal waste combustion unit.

Calculate the capacity of a batch OSWI 

unit as the maximum design amount of 

municipal solid waste it can charge per 

batch multiplied by the maximum 

number of batches it can process in 24 

hours. Calculate the maximum number 

of batches by dividing 24 by the number 

of hours needed to process one batch. 

Retain fractional batches in the 

calculation. For example, if one batch 

requires 16 hours, the OSWI unit can 

combust 24/16, or 1.5 batches, in 24 

hours. 

(d) Carbon monoxide pollutant rate.

When hourly average pollutant rates (Eh) 

are obtained (e.g., CEMS values), 

compute the rolling average carbon 

monoxide pollutant rate (Ea) for each 3-

hour period using the following 

equation:

E (Eq. 2) a =

=

∑

1

3 1

3

Ehj

j

Where:

Ea = Average carbon monoxide pollutant 

rate for the 3-hour period, ppm 

corrected to 7 percent O2. 

Ehj = Hourly arithmetic average 

pollutant rate for hour ‘‘j,’’ ppm 

corrected to 7 percent O2. 

Definitions

§ 60.2977 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. 

Air curtain incinerator means an 

incineration unit operating by forcefully 

projecting a curtain of air across an 

open, integrated combustion chamber 

(fire box) or open pit or trench (trench 

burner) in which combustion occurs. 

For the purpose of this subpart and 

subpart FFFF only, air curtain 

incinerators include both firebox and 

trench burner units. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Batch OSWI unit means an OSWI unit 

that is designed such that neither waste 

charging nor ash removal can occur 

during combustion. 

Calendar quarter means three 

consecutive months (nonoverlapping) 

beginning on: January 1, April 1, July 1, 

or October 1. 

Calendar year means 365 consecutive 

days starting on January 1 and ending 

on December 31. 

Chemotherapeutic waste means waste 

material resulting from the production 

or use of anti-neoplastic agents used for 

the purpose of stopping or reversing the 

growth of malignant cells. 

Class II municipal solid waste landfill

means a landfill that meets four criteria: 

(1) Accepts, for incineration or 

disposal, less than 20 tons per day of 

municipal solid waste or other solid 

wastes based on an annual average; 

(2) Is located on a site where there is 

no evidence of groundwater pollution 

caused or contributed to by the landfill; 

(3) Is not connected by road to a Class 

I municipal solid waste landfill, as 

defined by Alaska regulatory code 18 

AAC 60.300(c) or, if connected by road, 

is located more than 50 miles from a 

Class I municipal solid waste landfill; 

and 

(4) Serves a community that meets 

one of two criteria: 

(i) Experiences for at least three 

months each year, an interruption in 

access to surface transportation, 

preventing access to a Class I municipal 

solid waste landfill; or 

(ii) Has no practicable waste 

management alternative, with a landfill 

located in an area that annually receives 

25 inches or less of precipitation. 

Class III municipal solid waste 

landfill is a landfill that is not 

connected by road to a Class I municipal 

solid waste landfill, as defined by 

Alaska regulatory code 18 AAC 

60.300(c) or, if connected by road, is 

located more than 50 miles from a Class 

I municipal solid waste landfill, and 

that accepts, for disposal, either of the 

following two criteria: 

(1) Ash from incinerated municipal 

waste in quantities less than one ton per 

day on an annual average, which ash 

must be free of food scraps that might 

attract animals; or 

(2) Less than five tons per day of 

municipal solid waste, based on an 

annual average, and is not located in a 

place that meets either of the following 

criteria: 


EP09DE04.000</MATH> EP09DE04.001</MATH>
71506 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

(i) Where public access is restricted, 

including restrictions on the right to 

move to the place and reside there; or 

(ii) That is provided by an employer 

and that is populated totally by persons 

who are required to reside there as a 

condition of employment and who do 

not consider the place to be their 

permanent residence. 

Clean lumber means wood or wood 

products that have been cut or shaped 

and include wet, air-dried, and 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.

Collected from means the transfer of 

material from the site at which the 

material is generated to a separate site 

where the material is burned. 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system or CEMS means a monitoring 

system for continuously measuring and 

recording the emissions of a pollutant 

from an affected OSWI unit. 

Continuous OSWI unit means an 

OSWI unit that is designed to allow 

waste charging and ash removal during 

combustion. 

Deviation means any instance in 

which an OSWI unit that meets the 

requirements in § 60.2885, or an owner 

or operator of such a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emission limitation, operating limit, or 

operator qualification and accessibility 

requirements; 

(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 OSWI unit that meets the 

requirements in § 60.2885 and is 

required to obtain such a permit; or 

(3) Fails to meet any emission 

limitation, operating limit, or operator 

qualification and accessibility 

requirement in this subpart during 

startup, shutdown, or malfunction, 

regardless of whether or not such failure 

is allowed by this subpart. 

Dioxins/furans means tetra- through 

octachlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

Institution means organizations 

having a governmental, educational, 

civic, or religious purpose such as 

schools, prisons, government facilities, 

churches, and other similar 

establishments or facilities. 

Institutional waste means solid waste 

combusted for reasons that do not 

include the recovery of heat for a useful 

purpose, or combusted without heat 

recovery or with only waste heat 

recovery (i.e., no heat recovery in the 

combustion firebox), in an enclosed unit 

using controlled flame combustion that 

is a distinct operating unit of the 

institutional facility. Institutional waste 

also includes solid waste combusted on 

site in an air curtain incinerator that is 

a distinct operating unit of the 

institutional facility that generated the 

waste. 

Institutional waste incineration unit

means any combustion unit that 

combusts institutional waste (as defined 

in this subpart), that is a distinct 

operating unit of the institutional 

facility that generated the waste. 

Institutional waste incineration units 

include field-erected, modular, and 

custom built incineration units 

operating with starved or excess air, and 

any air curtain incinerator that is a 

distinct operating unit of the 

institutional facility that generated the 

institutional waste (except those air 

curtain incinerators listed in 

§ 60.2888(b)). 

Intermittent OSWI unit means an 

OSWI unit that is designed to allow 

waste charging, but not ash removal, 

during combustion. 

Low-level radioactive waste means 

waste material that contains radioactive 

nuclides emitting primarily beta or 

gamma radiation, or both, in 

concentrations or quantities that exceed 

applicable Federal or State standards for 

unrestricted release. Low-level 

radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or 

byproduct material as defined by the 

Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)).

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control equipment, process equipment, 

or a process to operate in a normal or 

usual manner. Failures that are caused, 

in part, by poor maintenance or careless 

operation are not malfunctions. 

Modification or modified OSWI unit

means an OSWI unit you have changed 

on or after [DATE 6 MONTHS AFTER 

DATE FINAL RULE IS PUBLISHED IN 

THE Federal Register] 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 OSWI unit (not 

including the cost of land) updated to 

current costs (current dollars). To 

determine what systems are within the 

boundary of the OSWI unit used to 

calculate these costs, see the definition 

of OSWI unit. 

(2) Any physical change in the OSWI 

unit or change in the method of 

operating it that increases the amount of 

any air pollutant emitted for which 

section 129 or section 111 of the Clean 

Air Act has established standards. 

Municipal solid waste means refuse 

(and refuse-derived fuel) collected from 

the general public and from residential, 

commercial, institutional, and industrial 

sources consisting of paper, wood, yard 

wastes, food wastes, plastics, leather, 

rubber, and other combustible materials 

and non-combustible materials such as 

metal, glass and rock, provided that: 

(1) The term does not include 

industrial process wastes or medical 

wastes that are segregated from such 

other wastes; and 

(2) An incineration unit shall not be 

considered to be combusting municipal 

waste for purposes of this subpart if it 

combusts a fuel feed stream, 30 percent 

or less of the weight of which is 

comprised, in aggregate, of municipal 

waste, as determined by § 60.2887(c). 

Municipal waste combustion unit

means, for the purpose of this subpart 

and subpart FFFF, any setting or 

equipment that combusts municipal 

solid waste (as defined in this subpart) 

including, but not limited to, fielderected, modular, and custom built 

incineration units (with or without heat 

recovery) operating with starved or 

excess air, boilers, furnaces, pyrolysis/

combustion units, and air curtain 

incinerators (except those air curtain 

incinerators listed in § 60.2887(a)). 

Other solid waste incineration (OSWI) 

unit means either a very small 

municipal waste combustion unit or an 

institutional waste incineration unit, as 

defined in this subpart. While not all 

OSWI units will include all of the 

following components, an OSWI unit 

includes, but is not limited to, the 

municipal or institutional solid waste 

feed system, grate system, flue gas 

system, waste heat recovery equipment, 

if any, and bottom ash system. The 

OSWI unit does not include air 

pollution control equipment or the 

stack. The OSWI unit boundary starts at 

the municipal or institutional waste 

hopper (if applicable) and extends 

through two areas: 

(1) The combustion unit flue gas 

system, which ends immediately after 

the last combustion chamber or after the 

waste heat recovery equipment, if any; 

and 

(2) the combustion unit bottom ash 

system, which ends at the truck loading 

station or similar equipment that 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71507

transfers the ash to final disposal. The 

OSWI unit includes all ash handling 

systems connected to the bottom ash 

handling system. 

Particulate matter means total 

particulate matter emitted from OSWI 

units as measured by Method 5 or 

Method 29 of appendix A of 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). 

Reconstruction means rebuilding an 

OSWI unit and meeting two criteria: 

(1) The reconstruction begins on or 

after [DATE 6 MONTHS AFTER DATE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register]. 

(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 OSWI unit (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the OSWI unit 

used to calculate these costs, see the 

definition of OSWI unit. 

Refuse-derived fuel means a type of 

municipal solid waste produced by 

processing municipal solid waste 

through shredding and size 

classification. This includes all classes 

of refuse-derived fuel including two 

fuels: 

(1) Low-density fluff refuse-derived 

fuel through densified refuse-derived 

fuel. 

(2) Pelletized refuse-derived fuel. 

Shutdown means the period of time 

after all waste has been combusted in 

the primary chamber. For continuous 

OSWI, shutdown shall commence no 

less than 2 hours after the last charge to 

the incinerator. For intermittent OSWI, 

shutdown shall commence no less than 

4 hours after the last charge to the 

incinerator. For batch OSWI, shutdown 

shall commence no less than 5 hours 

after the high-air phase of combustion 

has been completed. 

Solid waste means any garbage, 

refuse, sludge from a waste treatment 

plant, water supply treatment plant, or 

air pollution control facility and other 

discarded material, including solid, 

liquid, semisolid, or contained gaseous 

material resulting from industrial, 

commercial, mining, agricultural 

operations, and from community 

activities, but does not include solid or 

dissolved material in domestic sewage, 

or solid or dissolved materials in 

irrigation return flows or industrial 

discharges that are point sources subject 

to permits under section 402 of the 

Federal Water Pollution Control Act, as 

amended (33 U.S.C. 1342), or source, 

special nuclear, or byproduct material 

as defined by the Atomic Energy Act of 

1954, as amended (42 U.S.C. 2014). 

Standard conditions, when referring 

to units of measure, means a 

temperature of 68°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. 

For batch OSWI, startup means the 

period of time between activation of the 

system and ignition of the waste. 

Very small municipal waste 

combustion unit means any municipal 

waste combustion unit that has the 

capacity to combust less than 35 tons 

per day of municipal solid waste or 

refuse-derived fuel, as determined by 

the calculations in § 60.2975. 

Waste heat recovery means the 

process of recovering heat from the 

combustion flue gases by convective 

heat transfer only.

Wet scrubber means an add-on air 

pollution control device that utilizes an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

Wood waste means untreated wood 

and untreated wood products, including 

tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, 

sawdust, chips, scraps, slabs, millings, 

and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, 

shrubs, and clippings from bushes and 

shrubs from residential, commercial/

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. 

(2) Construction, renovation, or 

demolition wastes. 

(3) Clean lumber. 

Yard waste means grass, grass 

clippings, bushes, shrubs, and clippings 

from bushes and shrubs. Yard waste 

comes from residential, commercial/

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. Yard waste does 

not include two items: 

(1) Construction, renovation, and 

demolition wastes. 

(2) Clean lumber. 

Tables to Subpart EEEE of Part 60

As stated in § 60.2915, you must 

comply with the following:

TABLE 1 TO SUBPART EEEE OF PART 60.—EMISSION LIMITATIONS

For the air pollutant You must meet this emission limitation a Using this averaging time And determining compliance 

using this method 

1. Cadmium ................................... 18 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

2. Carbon monoxide ...................... 5.0 parts per million by dry volume.3-run average hour minimum 

sample time per run during performance test, and 3- hour rolling averages measured using 

continuous emissions monitoring system)b.

Method 10, 10A, or 10B of appendix A of this part. 

3. Dioxins/furans (total basis) ........ 33 nanograms per dry standard 

cubic meter.

3-run average hour minimum 

sample time per run).

Method 23 of appendix A of this 

part. 

4. Hydrogen chloride ..................... 3.7 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 26A of appendix A of this 

part. 

5. Lead ........................................... 226 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

6. Mercury ...................................... 74 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

7. Opacity ....................................... 10 percent ..................................... 6-run average (1 hour minimum 

sample time per run).

Method 9 of appendix A of this 

part. 

71508 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

TABLE 1 TO SUBPART EEEE OF PART 60.—EMISSION LIMITATIONS—Continued

For the air pollutant You must meet this emission limitation a Using this averaging time And determining compliance 

using this method 

8. Oxides of nitrogen ..................... 103 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 7, 7A, 7C, 7D, or 7E of 

appendix A of this part. ASME 

PTC 19–10– 1981—Part 10 is 

an acceptable alternative to 

Methods 7 and 7C only (IBR, 

see § 60.17(h)). 

9. Particulate matter ...................... 0.013 grains per dry standard 

cubic foot.

3-run average (1 hour minimum 

sample time per run).

Method 5 or 29 of appendix A of 

this part. 

10. Sulfur dioxide ........................... 3.1 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 6 or 6c of appendix A of 

this part. ASME PTC 19–10–

1981—Part 10 is an acceptable 

alternative to Method 6 only 

(IBR, see § 60.17(h)). 

a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. b Calculated each hour as the average of the previous 3 operating hours. 

As stated in § 60.2916, you must 

comply with the following:

TABLE 2 TO SUBPART EEEE OF PART 60.—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS

For these operating parameters 

You must establish 

these operating 

limits 

And monitoring using these minimum frequencies 

Data measurement Data recording Averaging time 

1. Charge rate ....................................... Maximum charge 

rate.

Continuous ........... Every hour ............ Daily for batch units. 3-hour rolling for 

continuous and intermittent units a. 

2. Pressure drop across the wet scrubber or amperage to wet scrubber.Minimum pressure 

drop or amperage.

Continuous ........... Every 15 minutes 3-hour rolling a. 

3. Scrubber liquor flow rate .................. Minimum flow rate Continuous ........... Every 15 minutes 3-hour rolling a. 

4. Scrubber liquor pH ........................... Minimum pH ......... Continuous ........... Every 15 minutes 3-hour rolling a. 

a Calculated each hour as the average of the previous 3 operating hours. 

As stated in § 60.2951, you must 

comply with the following:

TABLE 3 TO SUBPART EEEE OF PART 60.—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS) 

For the following pollutants Use the following span values for your CEMS 

Use the following performance specifications (P.S.) 

in appendix B of this part 

for your CEMS 

If needed to meet minimum data requirements, 

use the following alternate 

methods in appendix A of 

this part to collect data 

1. Carbon Monoxide ........................................................ 125 percent of the maximum hourly potential 

carbon monoxide emissions of the waste combustion unit.

P.S.4A ............................... Method 10. 

2. Oxygen ........................................................................ 25 percent oxygen ............. P.S.3 .................................. Method 3A or 3B. ASME 

PTC 19–10–1981—Part 

10 is an acceptable alternative to Method 3B 

only (IBR, see 

§ 60.17(h)). 

As stated in § 60.2940, you must 

comply with the following:

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71509

TABLE 4 TO SUBPART EEEE OF PART 60—SUMMARY OF REPORTING REQUIREMENTSa

Report Due date Contents Reference 

1. Preconstruciton report .......... a. Prior to commencing 

construction.

i. Statement of intent to construct; 

ii. Anticipated date of commencement of construction; 

§ 60.2952. 

§ 60.2952. 

.......................................... iii. Documentation for siting requirements; § 60.2952. 

iv. Waste management plan; and § 60.2952. 

v. Anticipated date of initial startup § 60.2952. 

2. Startup notification ................ a. Prior to initial startup .... i. Types of waste to be burned; § 60.2953. 

ii. Maximum design waste burning capacity; 60.2953. 

iii. Anticipated maximum charge rate; § 60.2953. 

iv. If applicable, the petition for site-specific operating limits; and § 60.2953. 

v. Anticipated date of initial startup § 60.2953. 

3. Initial test report .................... a. No later than 60 days 

following the initial performance test 

i. Complete test report for the initial performance 

test; and 

ii. The values for the site-specific operating limits 

§ 60.2954. 

§ 60.2954. 

4. Annual report ........................ a. 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.

i. Company Name and address; 

ii. Statement and signature by the owner or operator; 

iii. Date of report; 

iv. Values for the operating limits; 

v. If no deviations or malfunctions were reported, a 

statement that no deviations occurred during the 

reporting period; 

vi. Highest recorded 3-hour average and the lowest 

3-hour average, as applicable, for each operating 

parameter recorded for the calendar year being 

reported; 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

§§ 60.2955 and 60.2956. 

.......................................... vii. Information for deviations or malfunctions recorded under § 60.2949(b)(6) and (c) through (e); §§ 60.2955 and 60.2956. 

viii. If a performance test was conducted during the 

reporting period, the results of the test; 

§§ 60.2955 and 60.2956. 

ix. If a performance test was not conducted during 

the reporting period, a statement that the requirements of § 60.2934(a) or (b) were met; and 

§§ 60.2955 and 60.2956. 

x. Documentation of periods when all qualified OSWI 

unit operators were unavailable for more than 12 

hours but less than 2 weeks 

§§ 60.2955 and 60.2956. 

5. Emission limitation or operating limit deviation report.a. 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.

i. Dates and times of deviation; 

ii. Averaged and recorded data for those dates; 

iii. Duration and causes of each deviation and the 

corrective actions taken; 

iv. Copy of operating limit monitoring data and any 

test reports; 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

§§ 60.2957 and 60.2958. 

v. Dates, times, and causes for monitor downtime incidents; §§ 60.2957 and 60.2958. 

vi. Whether each deviation occurred during a period 

of startup, shutdown, or malfunction; and 

§§ 60.2957 and 60.2958. 

vii. Dates, times, and durations of any bypass of the 

control device 

§§ 60.2957 and 60.2958. 

6. Qualified operator deviation 

notification.

a. Within 10 days of deviation.i. Statement of cause of deviation 

ii. Description of efforts to have an accessible qualified operator; and 

§ 60.2959(a)(1). 

§ 60.2959(a)(1). 

iii. The date a qualified operator will be accessible § 60.2959(a)(1). 

7. Qualified operation deviation 

status report.

a. Every 4 weeks following deviation.i. Description of efforts to to have an accessible 

qualified operator; 

ii. The date a qualified operator will be accessible; 

and 

§ 60.2959(a)(2). 

§ 60.2959(a)(2). 

iii. Request to continue operation § 60.2959(a)(2). 

8. Qualified operator deviation 

notification of resumed operation.

a. Prior to resuming operation.i. Notification that you are resuming operation § 60.2959(b). 

aThis table is only a summary, see the referenced sections of the rule for the complete requirements. 

71510 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

4. Part 60 is amended by adding 

subpart FFFF to read as follows:

Subpart FFFF—Emission Guidelines 

and Compliance Times for Other Solid 

Waste Incineration Units That 

Commenced Construction On or 

Before December 9, 2004

Sec. 

Introduction 

60.2980 What is the purpose of this 

subpart? 

60.2981 Am I affected by this subpart? 

60.2982 Is a State plan required for all 

States? 

60.2983 What must I include in my State 

plan? 

60.2984 Is there an approval process for my 

State plan? 

60.2985 What if my State plan is not 

approvable? 

60.2986 Is there an approval process for a 

negative declaration letter? 

60.2987 What compliance schedule must I 

include in my State plan? 

60.2988 Are there any State plan 

requirements for this subpart that apply 

instead of the requirements specified in 

subpart B? 

60.2989 Does this subpart directly affect 

OSWI unit owners and operators in my 

State? 

Applicability of State Plans 

60.2991 What OSWI units must I address in 

my State plan? 

60.2992 What is an existing OSWI unit? 

60.2993 Are any combustion units excluded 

from my State plan? 

60.2994 Are air curtain incinerators 

regulated under this subpart? 

Model Rule—Use of Model Rule 

60.2996 What is the purpose of the ‘‘model 

rule’’ in this subpart? 

60.2997 How does the model rule relate to 

the required elements of my State plan? 

60.2998 What are the principal components 

of the model rule? 

Model Rule—Compliance Schedule 

60.3000 When must I comply? 

60.3001 What must I do if I close my OSWI 

unit and then restart it? 

60.3002 What must I do if I plan to 

permanently close my OSWI unit and 

not restart it? 

Model Rule—Waste Management Plan 

60.3010 What is a waste management plan? 

60.3011 When must I submit my waste 

management plan? 

60.3012 What should I include in my waste 

management plan? 

Model Rule—Operator Training and 

Qualification 

60.3014 What are the operator training and 

qualification requirements? 

60.3015 When must the operator training 

course be completed? 

60.3016 How do I obtain my operator 

qualification? 

60.3017 How do I maintain my operator 

qualification? 

60.3018 How do I renew my lapsed 

operator qualification? 

60.3019 What site-specific documentation 

is required? 

60.3020 What if all the qualified operators 

are temporarily not accessible? 

Model Rule—Emission Limitations and 

Operating Limits 

60.3022 What emission limitations must I 

meet and by when? 

60.3023 What operating limits must I meet 

and by when? 

60.3024 What if I do not use a wet scrubber 

to comply with the emission limitations? 

60.3025 What happens during periods of 

startup, shutdown, and malfunction? 

Model Rule—Performance Testing 

60.3027 How do I conduct the initial and 

annual performance test? 

60.3028 How are the performance test data 

used? 

Model Rule—Initial Compliance 

Requirements 

60.3030 How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

60.3031 By what date must I conduct the 

initial performance test? 

Model Rule—Continuous Compliance 

Requirements 

60.3033 How do I demonstrate continuous 

compliance with the emission 

limitations and the operating limits? 

60.3034 By what date must I conduct the 

annual performance test? 

60.3035 May I conduct performance testing 

less often? 

60.3036 May I conduct a repeat 

performance test to establish new 

operating limits?

Model Rule—Monitoring 

60.3038 What continuous emission 

monitoring systems must I install? 

60.3039 How do I make sure my continuous 

emission monitoring systems are 

operating correctly? 

60.3040 What is my schedule for evaluating 

continuous emission monitoring 

systems? 

60.3041 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring 

systems, and is the data collection 

requirement enforceable? 

60.3042 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

60.3043 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I 

monitor? 

60.3044 Is there a minimum amount of 

operating parameter monitoring data I 

must obtain? 

Model Rule—Recordkeep and Reporting 

60.3046 What records must I keep? 

60.3047 Where and in what format must I 

keep my records? 

60.3048 What reports must I submit? 

60.3049 What information must I submit 

following my initial performance test? 

60.3050 When must I submit my annual 

report? 

60.3051 What information must I include in 

my annual report? 

60.3052 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.3053 What must I include in the 

deviation report? 

60.3054 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.3055 Are there any other notifications or 

reports that I must submit? 

60.3056 In what form can I submit my 

reports? 

60.3057 Can reporting dates be changed? 

Model Rule—Title V Operating Permits 

60.3059 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

60.3060 When must I submit a title V 

permit application for my existing OSWI 

unit? 

Model Rule—Temporary Use Incinerators 

Used in Disaster Recovery 

60.3061 What are the requirements for 

temporary use incinerators used in 

disaster recovery? 

Model Rule—Air Curtain Incinerators That 

Burn Only Wood Waste, Clean Lumber, and 

Yard Waste 

60.3062 What is an air curtain incinerator? 

60.3063 When must I comply if my air 

curtain incinerator burns only wood 

waste, clean lumber, and yard waste? 

60.3064 What must I do if I close my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste and 

then restart it? 

60.3065 What must I do if I plan to 

permanently close my air curtain 

incinerator that burns only wood waste, 

clean lumber, and yard waste and not 

restart it? 

60.3066 What are the emission limitations 

for air curtain incinerators that burn only 

wood waste, clean lumber, and yard 

waste? 

60.3067 How must I monitor opacity for air 

curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

60.3068 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

60.3069 Am I required to apply for and 

obtain a title V operating permit for my 

air curtain incinerator that burns only 

wood waste, clean lumber, and yard 

waste? 

Model Rule—Equations 

60.3076 What equations must I use? 

Model Rule—Definitions 

60.3078 What definitions must I know?

Tables to Subpart FFFF of Part 60

Table 1 to Subpart FFFF of Part 60—Model 

Rule—Compliance Schedule 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71511

Table 2 to Subpart FFFF of Part 60—Model 

Rule—Emission Limitations 

Table 3 to Subpart FFFF of Part 60—Model 

Rule—Operating Limits for Incinerators 

and Wet Scrubbers 

Table 4 to Subpart FFFF of Part 60—Model 

Rule—Requirements for Continuous 

Emission Monitoring Systems (CEMS) 

Table 5 to Subpart FFFF of Part 60—Model 

Rule—Summary of Reporting 

Requirements a

Introduction

§ 60.2980 What is the purpose of this 

subpart? 

This subpart establishes emission 

guidelines and compliance schedules 

for the control of emissions from other 

solid waste incineration (OSWI) units. 

The pollutants addressed by these 

emission guidelines are listed in Table 

2 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.

§ 60.2981 Am I affected by this subpart? 

(a) If you are the Administrator of an 

air quality program in a State or United 

States protectorate with one or more 

existing OSWI units that commenced 

construction on or before December 9, 

2004, you must submit a State plan to 

EPA that implements the emission 

guidelines contained in this subpart. 

(b) You must submit the State plan to 

EPA within 1 year after [DATE THE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register].

§ 60.2982 Is a State plan required for all 

States? 

No, you are not required to submit a 

State plan if there are no existing OSWI 

units in your State and you submit a 

negative declaration letter in place of 

the State plan.

§ 60.2983 What must I include in my State 

plan? 

(a) You must include the following 

nine items in your State plan: 

(1) Inventory of affected OSWI units, 

including those that have ceased 

operation but have not been dismantled. 

(2) Inventory of emissions from 

affected OSWI units in your State.

(3) Compliance schedules for each 

affected OSWI unit. 

(4) For each affected OSWI unit, 

emission limitations, operator training 

and qualification requirements, a waste 

management plan, and operating 

parameter requirements that are at least 

as protective as the emission guidelines 

contained in this subpart. 

(5) Stack testing, recordkeeping, and 

reporting requirements. 

(6) Transcript of the public hearing on 

the State plan. 

(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. 

(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, you must demonstrate that your 

State plan is at least as protective as the 

emission guidelines contained in this 

subpart. Your State plan must address 

regulatory applicability, compliance 

schedule, operator training and 

qualification, a waste management plan, 

emission limitations, stack testing, 

operating parameter requirements, 

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.

§ 60.2984 Is there an approval process for 

my State plan? 

Yes, the EPA will review your State 

plan according to § 60.27.

§ 60.2985 What if my State plan is not 

approvable? 

If you do not submit an approvable 

State plan (or a negative declaration 

letter) within 2 years after [DATE THE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register], EPA will develop a 

Federal plan according to § 60.27 to 

implement the emission guidelines 

contained in this subpart. Owners and 

operators of OSWI units not covered by 

an approved State plan must comply 

with the Federal plan. The Federal plan 

is an interim action and applies to 

OSWI units until a State plan covering 

those units is approved and becomes 

effective.

§ 60.2986 Is there an approval process for 

a negative declaration letter? 

No, the EPA has no formal review 

process for negative declaration letters. 

Once we receive your negative 

declaration letter, we will place a copy 

in the public docket and publish a 

notice in the Federal Register. If, at a 

later date, an existing OSWI unit is 

found in your State, the Federal plan 

implementing the emission guidelines 

contained in this subpart would 

automatically apply to that OSWI unit 

until your State plan is approved.

§ 60.2987 What compliance schedule must 

I include in my State plan? 

Your State plan must include 

compliance schedules that require 

OSWI units to achieve final compliance 

as expeditiously as practicable after 

approval of the State plan but not later 

than the earlier of the following two 

dates: 

(a) Five years after [DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register]. 

(b) Three years after the effective date 

of State plan approval.

§ 60.2988 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 the following: 

(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 OSWI units to comply 

within 5 years after [DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register] or 3 years after the effective 

date of State plan approval, whichever 

is sooner. This applies instead of the 

option for case-by-case less stringent 

emission standards and longer 

compliance schedules in § 60.24(f). 

(b) State plans developed to 

implement this subpart are required to 

include only one increment of progress 

for the affected OSWI units. This 

increment is the final compliance date 

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

the requirement of § 60.24(e)(1).

§ 60.2989 Does this subpart directly affect 

OSWI unit owners and operators in my 

State? 

(a) No, this subpart does not directly 

affect OSWI unit owners and operators 

in your State. However, OSWI unit 

owners and operators must comply with 

the State plan you develop to 

implement the emission guidelines 

contained in this subpart. Some States 

may choose to incorporate sections of 

the emission guidelines contained in 

this subpart into their State plans by 

direct incorporation by reference. 

Others may want to include components 

of 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 

within 2 years after [DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register], the EPA will implement and 

enforce a Federal plan, as provided in 

71512 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

§ 60.2985, to ensure that each unit 

within your State reaches compliance 

with all the provisions of this subpart 

within 5 years after [DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register]. 

Applicability of State Plans

§ 60.2991 What OSWI units must I address 

in my State plan? 

Your State plan must address all 

OSWI units in your State that meet all 

the requirements specified in 

paragraphs (a) through (c) of this 

section. 

(a) The incineration unit is an existing 

incineration unit as defined in 

§ 60.2992. 

(b) The incineration unit is an OSWI 

unit as defined in § 60.3078. OSWI units 

are very small municipal waste 

combustion units and institutional 

waste incineration units as defined in 

§ 60.3078. 

(c) The incineration unit is not 

excluded under § 60.2993.

§ 60.2992 What is an existing OSWI unit? 

An existing OSWI unit is an OSWI 

unit that commenced construction on or 

before December 9, 2004, except as 

provided in paragraph (a) of this 

section. 

(a) If the owner of operator of an 

OSWI unit makes changes that meet the 

definition of modification or 

reconstruction on or after [DATE 6 

MONTHS AFTER DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register], the OSWI unit becomes 

subject to subpart EEEE of this part 

(New Source Performance Standards for 

Other Solid Waste Incineration Units) 

and the State plan no longer applies to 

that unit. 

(b) If the owner or operator of an 

existing OSWI unit makes physical or 

operational changes to the unit 

primarily to comply with the State plan, 

then subpart EEEE of this part does not 

apply to that unit. Such changes do not 

qualify as modifications or 

reconstructions under subpart EEEE of 

this part.

§ 60.2993 Are any combustion units 

excluded from my State plan? 

This subpart excludes the types of 

units described in paragraphs (a) 

through (p) of this section, as long as the 

owner/operator meets the requirements 

of this section. 

(a) Cement kilns. The unit is excluded 

if it is regulated under subpart LLL of 

part 63 of this chapter (National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry). 

(b) Co-fired combustors. The unit, that 

would otherwise be considered a very 

small municipal waste combustion unit, 

is excluded if the owner/operator of the 

unit meets four requirements: 

(1) Has a Federally enforceable permit 

limiting the combustion of municipal 

solid waste to 30 percent of the total 

fuel input by weight. 

(2) Notifies the Administrator that the 

unit qualifies for the exclusion. 

(3) Provides the Administrator with a 

copy of the Federally enforceable 

permit. 

(4) Records the weights, each calendar 

quarter, of municipal solid waste and of 

all other fuels combusted. 

(c) Cogeneration facilities. The unit is 

excluded if it meets the three 

requirements specified in paragraphs 

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

(1) The unit qualifies as a 

cogeneration facility under section 

3(18)(B) of the Federal Power Act (16 

U.S.C. 796(18)(B)). 

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity and steam or 

other forms of energy used for 

industrial, commercial, heating, or 

cooling purposes.

(3) The owner/operator of the unit 

notifies the Administrator that the unit 

meets all of these criteria. 

(d) Commercial and industrial solid 

waste incineration units. The unit is 

excluded if it is regulated under 

subparts CCCC or DDDD of this part and 

is required to meet the emission 

limitations established in those 

subparts. 

(e) Hazardous waste combustion 

units. The unit is excluded if it meets 

either of the two criteria specified in 

paragraph (e)(1) or (2) of this section. 

(1) The owner/operator of the unit is 

required to get a permit for the unit 

under section 3005 of the Solid Waste 

Disposal Act. 

(2) The unit is regulated under 40 CFR 

part 63, subpart EEE (National Emission 

Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors). 

(f) Hospital/medical/infectious waste 

incinerators. The unit is excluded if it 

is regulated under subparts Ce or Ec of 

this part (New Source Performance 

Standards and Emission Guidelines for 

Hospital/Medical/Infectious Waste 

Incinerators). 

(g) Incinerators and air curtain 

incinerators in isolated areas of Alaska.

The incineration unit is excluded if it is 

used at a solid waste disposal site in 

Alaska that is classified as a Class II or 

Class III municipal solid waste landfill, 

as defined in § 60.3078. 

(h) Rural institutional waste 

incinerators. The incineration unit is 

excluded if it is an institutional waste 

incinerator, as defined in § 60.3078, and 

located more than 50 miles from the 

boundary of the nearest Metropolitan 

Statistical Area. 

(i) Institutional boilers and process 

heaters. The unit is excluded if it is 

regulated under 40 CFR part 63, subpart 

DDDDD (National Emission Standards 

for Hazardous Air Pollutants for 

Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters). 

(j) Laboratory Analysis Units. The unit 

is excluded if it burns samples of 

materials only for the purpose of 

chemical or physical analysis. 

(k) Materials recovery units. The unit 

is excluded if it combusts waste for the 

primary purpose of recovering metals, 

such as primary and secondary smelters. 

(l) Pathological waste incineration 

units. The institutional waste 

incineration unit or very small 

municipal waste combustion unit is 

excluded from this subpart if it burns 90 

percent or more by weight (on a 

calendar quarter basis and excluding the 

weight of auxiliary fuel and combustion 

air) of pathological waste, low-level 

radioactive waste, and/or 

chemotherapeutic waste as defined in 

§ 60.3078 and the owner/operator of the 

unit notifies the Administrator that the 

unit meets these criteria. 

(m) Small or large municipal waste 

combustion units. The unit is excluded 

if it is regulated under subparts AAAA, 

BBBB, Ea, Eb, or Cb, of this part and is 

required to meet the emission 

limitations established in those 

subparts. 

(n) Small power production facilities.

The unit is excluded if it meets the three 

requirements specified in paragraphs 

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

(1) The unit qualifies as a small 

power-production facility under section 

3(17)(C) of the Federal Power Act (16 

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

(2) The unit burns homogeneous 

waste (not including refuse-derived 

fuel) to produce electricity. 

(3) The owner/operator of the unit 

notifies the Administrator that the unit 

meets all of these criteria. 

(o) Temporary-use incinerators used 

in disaster recovery. The incinerator is 

excluded if it is used on a temporary 

basis to combust debris from a disaster 

or emergency such as a tornado, 

hurricane, flood, or act of bioterrorism 

and you comply with the requirements 

in § 60.3061. 

(p) Units that combust contraband or 

prohibited goods. The unit is excluded 

if the unit is used by a government 

agency such as police, customs, 

agricultural inspection, or a similar 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71513

agency to destroy only illegal or 

prohibited goods such as illegal drugs, 

or agricultural food products that can 

not be transported into the country or 

across state lines to prevent 

biocontamination.

§ 60.2994 Are air curtain incinerators 

regulated under this subpart? 

(a) Air curtain incinerators that burn 

less than 35 tons per day of municipal 

solid waste or air curtain incinerators 

located at institutional facilities burning 

any amount of institutional waste 

generated at that facility are subject to 

all requirements of this subpart, 

including the emission limitations 

specified in Table 2 of this subpart. 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (4) of this section must 

meet only the requirements in 

§§ 60.3062 through 60.3069 and the title 

V operating permit requirements in 

§§ 60.3059 and 60.3060, and are exempt 

from all other requirements of this 

subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste.

Model Rule—Use of Model Rule

§ 60.2996 What is the purpose of the 

‘‘model rule’’ in this subpart? 

(a) The model rule provides the 

emission guidelines requirements in a 

standard 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 §§ 60.3000 

to 60.3078, ‘‘you’’ means the owner or 

operator of an OSWI unit.

§ 60.2997 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 

§ 60.2983(a)(4) and (5).

§ 60.2998 What are the principal 

components of the model rule? 

The model rule contains nine major 

components, as follows: 

(a) Compliance schedule. 

(b) Waste management plan. 

(c) Operator training and 

qualification. 

(d) Emission limitations and operating 

limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance 

requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

Model Rule—Compliance Schedule

§ 60.3000 When must I comply? 

Table 1 of this subpart specifies the 

final compliance date. You must submit 

a notification to the Administrator 

stating whether final compliance has 

been achieved, postmarked within 10 

business days after the final compliance 

date in Table 1 of this subpart.

§ 60.3001 What must I do if I close my 

OSWI unit and then restart it? 

(a) If you close your OSWI unit but 

will reopen it prior to the final 

compliance date in your State plan, you 

must meet the final compliance date 

specified in Table 1 of this subpart. 

(b) If you close your OSWI unit but 

will restart it after your final compliance 

date, you must complete emission 

control retrofit and meet the emission 

limitations on the date your OSWI unit 

restarts operation.

§ 60.3002 What must I do if I plan to 

permanently close my OSWI unit and not 

restart it? 

You must close the unit before the 

final compliance date specified in Table 

1 of this subpart. 

Model Rule—Waste Management Plan

§ 60.3010 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.

§ 60.3011 When must I submit my waste 

management plan? 

You must submit a waste management 

plan no later than 60 days following the 

initial performance test as specified in 

Table 5 of this subpart. Section 60.3031 

specifies the date by which you are 

required to conduct your performance 

test.

§ 60.3012 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. 

Model Rule—Operator Training and 

Qualification

§ 60.3014 What are the operator training 

and qualification requirements? 

(a) No OSWI unit can be operated 

unless a fully trained and qualified 

OSWI unit operator is accessible, either 

at the facility or can be at the facility 

within 1 hour. The trained and qualified 

OSWI unit operator may operate the 

OSWI unit directly or be the direct 

supervisor of one or more other plant 

personnel who operate the unit. If all 

qualified OSWI unit operators are 

temporarily not accessible, you must 

follow the procedures in § 60.3020. 

(b) Operator training and qualification 

must be obtained through a Stateapproved program or by completing the 

requirements included in paragraph (c) 

of this section. 

(c) Training must be obtained by 

completing an incinerator operator 

training course that includes, at a 

minimum, the three elements described 

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

section. 

(1) Training on the 13 subjects listed 

in paragraphs (c)(1)(i) through (xiii) of 

this section. 

(i) Environmental concerns, including 

types of emissions.

(ii) Basic combustion principles, 

including products of combustion. 

(iii) Operation of the specific type of 

incinerator to be used by the operator, 

including proper startup, waste 

charging, and shutdown procedures. 

(iv) Combustion controls and 

monitoring. 

(v) Operation of air pollution control 

equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices. 

(vii) Methods to monitor pollutants 

(including monitoring of incinerator and 

control device operating parameters) 

and monitoring equipment calibration 

procedures, where applicable. 

(viii) Actions to correct malfunctions 

or conditions that may lead to 

malfunction. 

(ix) Bottom and fly ash characteristics 

and handling procedures. 

(x) Applicable Federal, State, and 

local regulations, including 

Occupational Safety and Health 

Administration workplace standards. 

(xi) Pollution prevention. 

71514 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

(xii) Waste management practices. 

(xiii) Recordkeeping requirements. 

(2) An examination designed and 

administered by the instructor. 

(3) Written material covering the 

training course topics that may serve as 

reference material following completion 

of the course.

§ 60.3015 When must the operator training 

course be completed? 

The operator training course must be 

completed by the latest of the three 

dates specified in paragraphs (a) 

through (c) of this section. 

(a) The final compliance date 

specified in Table 1 of this subpart. 

(b) Six months after your OSWI unit 

startup. 

(c) Six months after an employee 

assumes responsibility for operating the 

OSWI unit or assumes responsibility for 

supervising the operation of the OSWI 

unit.

§ 60.3016 How do I obtain my operator 

qualification? 

(a) You must obtain operator 

qualification by completing a training 

course that satisfies the criteria under 

§ 60.3014(c). 

(b) Qualification is valid from the date 

on which the training course is 

completed and the operator successfully 

passes the examination required under 

§ 60.3014(c)(2).

§ 60.3017 How do I maintain my operator 

qualification? 

To maintain qualification, you must 

complete an annual review or refresher 

course covering, at a minimum, the five 

topics described in paragraphs (a) 

through (e) of this section. 

(a) Update of regulations. 

(b) Incinerator operation, including 

startup and shutdown procedures, waste 

charging, and ash handling. 

(c) Inspection and maintenance. 

(d) Responses to malfunctions or 

conditions that may lead to 

malfunction. 

(e) Discussion of operating problems 

encountered by attendees.

§ 60.3018 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 § 60.3017. 

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

must repeat the initial qualification 

requirements in § 60.3016(a).

§ 60.3019 What site-specific 

documentation is required?

(a) Documentation must be available 

at the facility and readily accessible for 

all OSWI unit operators that addresses 

the nine topics described in paragraphs 

(a)(1) through (9) of this section. You 

must maintain this information and the 

training records required by paragraph 

(c) of this section in a manner that they 

can be readily accessed and are suitable 

for inspection upon request. 

(1) Summary of the applicable 

standards under this subpart. 

(2) Procedures for receiving, handling, 

and charging waste. 

(3) Incinerator startup, shutdown, and 

malfunction procedures. 

(4) Procedures for maintaining proper 

combustion air supply levels. 

(5) Procedures for operating the 

incinerator and associated air pollution 

control systems within the standards 

established under this subpart. 

(6) Monitoring procedures for 

demonstrating compliance with the 

operating limits established under this 

subpart. 

(7) Reporting and recordkeeping 

procedures. 

(8) The waste management plan 

required under §§ 60.3010 through 

60.3012. 

(9) Procedures for handling ash. 

(b) You must establish a program for 

reviewing the information listed in 

paragraph (a) of this section with each 

incinerator operator. 

(1) The initial review of the 

information listed in paragraph (a) of 

this section must be conducted by the 

latest of three dates specified in 

paragraphs (b)(1)(i) through (iii) of this 

section. 

(i) The final compliance date 

specified in Table 1 of this subpart. 

(ii) Six months after your OSWI unit 

startup. 

(iii) Six months after an employee 

assumes responsibility for operating the 

OSWI unit or assumes responsibility for 

supervising the operation of the OSWI 

unit. 

(2) Subsequent annual reviews of the 

information listed in paragraph (a) of 

this section must be conducted not later 

than 12 months following the previous 

review. 

(c) You must also maintain the 

information specified in paragraphs 

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

(1) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

paragraph (a) of this section as required 

by paragraph (b) of this section, 

including the date of the initial review 

and all subsequent annual reviews.

(2) Records showing the names of the 

OSWI operators who have completed 

the operator training requirements 

under § 60.3014, met the criteria for 

qualification under § 60.3016, and 

maintained or renewed their 

qualification under § 60.3017 or 

§ 60.3018. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(3) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours.

§ 60.3020 What if all the qualified 

operators are temporarily not accessible? 

If all qualified operators are 

temporarily not accessible (i.e., not at 

the facility and not able to be at the 

facility within 1 hour), you must meet 

one of the three criteria specified in 

paragraphs (a) through (c) of this 

section, depending on the length of time 

that a qualified operator is not 

accessible. 

(a) When all qualified operators are 

not accessible for 12 hours or less, the 

OSWI unit may be operated by other 

plant personnel familiar with the 

operation of the OSWI unit who have 

completed review of the information 

specified in § 60.3019(a) within the past 

12 months. You do not need to notify 

the Administrator or include this as a 

deviation in your annual report. 

(b) When all qualified operators are 

not accessible for more than 12 hours, 

but less than 2 weeks, the OSWI unit 

may be operated by other plant 

personnel familiar with the operation of 

the OSWI unit who have completed a 

review of the information specified in 

§ 60.3019(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 

§ 60.3051. 

(c) When all qualified operators are 

not accessible for 2 weeks or more, you 

must take the two actions that are 

described in paragraphs (c)(1) and (2) of 

this section. 

(1) Notify the Administrator of this 

deviation in writing within 10 days. In 

the notice, state what caused this 

deviation, what you are doing to ensure 

that a qualified operator is accessible, 

and when you anticipate that a qualified 

operator will be accessible. 

(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 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71515

Administrator to continue operation of 

the OSWI unit. You must submit the 

first status report 4 weeks after you 

notify the Administrator of the 

deviation under paragraph (c)(1) of this 

section. If the Administrator notifies 

you that your request to continue 

operation of the OSWI unit is 

disapproved, the OSWI unit may 

continue operation for 90 days, then 

must cease operation. Operation of the 

unit may resume if you meet the two 

requirements in paragraphs (c)(2)(i) and 

(ii) of this section. 

(i) A qualified operator is accessible 

as required under § 60.3014(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

§ 60.3022 What emission limitations must I 

meet and by when? 

You must meet the emission 

limitations specified in Table 2 of this 

subpart on the date the initial 

performance test is required or 

completed (which is earlier). Section 

60.3031 specifies the date by which you 

are required to conduct your 

performance test.

§ 60.3023 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber to 

comply with the emission limitations, 

you must establish operating limits for 

four operating parameters (as specified 

in Table 3 of this subpart) as described 

in paragraphs (a)(1) through (4) of this 

section during the initial performance 

test. 

(1) Maximum charge rate, calculated 

using one of the two different 

procedures in paragraphs (a)(1)(i) or (ii) 

of this section, as appropriate. 

(i) For continuous and intermittent 

units, maximum charge rate is the 

average charge rate measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(ii) For batch units, maximum charge 

rate is the charge rate measured during 

the most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(2) Minimum pressure drop across the 

wet scrubber, which is calculated as the 

average pressure drop across the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with the particulate matter 

emission limitations; or minimum 

amperage to the wet scrubber, which is 

calculated as the average amperage to 

the wet scrubber measured during the 

most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquor flow 

rate, which is calculated as the average 

liquor flow rate at the inlet to the wet 

scrubber measured during the most 

recent performance test demonstrating 

compliance with all applicable emission 

limitations.

(4) Minimum scrubber liquor pH, 

which is calculated as the average liquor 

pH at the inlet to the wet scrubber 

measured during the most recent 

performance test demonstrating 

compliance with the HCl and SO2

emission limitation. 

(b) You must meet the operating 

limits established during the initial 

performance test beginning on the date 

180 days after your final compliance 

date in Table 1 of this subpart.

§ 60.3024 What if I do not use a wet 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber or limit 

emissions in some other manner to 

comply with the emission limitations 

under § 60.3022, you must petition the 

Administrator for specific operating 

limits, the values of which are to be 

established during the initial 

performance test and then continuously 

monitored thereafter. You must not 

conduct the initial performance test 

until after the petition has been 

approved by the 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 

operating limits. 

(b) A discussion of the relationship 

between these parameters and emissions 

of regulated pollutants, identifying how 

emissions of regulated pollutants 

change with changes in these 

parameters, and how limits on these 

parameters will serve to limit emissions 

of regulated pollutants. 

(c) A discussion of how you will 

establish the upper and/or lower values 

for these parameters that will establish 

the operating limits on these 

parameters. 

(d) A discussion identifying the 

methods you will use to measure and 

the instruments you will use to monitor 

these parameters, as well as the relative 

accuracy and precision of these methods 

and instruments. 

(e) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters.

§ 60.3025 What happens during periods of 

startup, shutdown, and malfunction? 

The emission limitations and 

operating limits apply at all times 

except during OSWI unit startups, 

shutdowns, or malfunctions. 

Model Rule—Performance Testing

§ 60.3027 How do I conduct the initial and 

annual performance test? 

(a) All performance tests must consist 

of a minimum of three test runs 

conducted under conditions 

representative of normal operations. 

(b) All performance tests must be 

conducted using the methods in Table 

2 of this subpart. 

(c) All performance tests must be 

conducted using the minimum run 

duration specified in Table 2 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) Adjust all pollutant concentrations, 

except for opacity, to 7 percent oxygen 

using Equation 1 in § 60.3076.

§ 60.3028 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. 

Model Rule—Initial Compliance 

Requirements

§ 60.3030 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 

§ 60.8, to determine compliance with 

the emission limitations in Table 2 of 

this subpart and to establish operating 

limits using the procedure in § 60.3023 

or § 60.3024. The initial performance 

test must be conducted using the test 

methods listed in Table 2 of this subpart 

and the procedures in § 60.3027.

§ 60.3031 By what date must I conduct the 

initial performance test? 

The initial performance test must be 

conducted no later than 180 days after 

your final compliance date. Your final 

compliance date is specified in Table 1 

of this subpart. 

71516 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

Model Rule—Continuous Compliance 

Requirements

§ 60.3033 How do I demonstrate 

continuous compliance with the emission 

limitations and the operating limits? 

(a) You must conduct an annual 

performance test for all of the pollutants 

in Table 2 of this subpart for each OSWI 

unit to determine compliance with the 

emission limitations. The annual 

performance test must be conducted 

using the test methods listed in Table 2 

of this subpart and the procedures in 

§ 60.3027. 

(b) You must continuously monitor 

carbon monoxide emissions to 

determine compliance with the carbon 

monoxide emissions limitation. Threehour rolling average values are used to 

determine compliance. Operation above 

the carbon monoxide emission limit in 

Table 2 constitutes a deviation from the 

emission limitation. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.3023 or established under 

§ 60.3024. Operation above the 

established maximum or below the 

established minimum operating limits 

constitutes a deviation from the 

established operating limits. Three-hour 

rolling average values are used to 

determine compliance unless a different 

averaging period is established under 

§ 60.3024. Operating limits do not apply 

during performance tests.

§ 60.3034 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests within 12 months 

following the initial performance test. 

Conduct subsequent annual 

performance tests within 12 months 

following the previous one.

§ 60.3035 May I conduct performance 

testing less often? 

(a) You can test less often for a given 

pollutant if you have test data for at 

least three consecutive annual tests, and 

all performance tests for the pollutant 

over that period show that you comply 

with the emission limitation. In this 

case, you do not have to conduct a 

performance test for that pollutant for 

the next 2 years. You must conduct a 

performance test during the third year 

and no more than 36 months following 

the previous performance test. 

(b) If your OSWI unit continues to 

meet the emission limitation for the 

pollutant, you may choose to conduct 

performance tests for that pollutant 

every third year, but each test must be 

within 36 months of the previous 

performance test. 

(c) If a performance test shows a 

deviation from an emission limitation 

for any pollutant, you must conduct 

annual performance tests for that 

pollutant until three consecutive annual 

performance tests for that pollutant all 

show compliance.

§ 60.3036 May I conduct a repeat 

performance test to establish new operating 

limits? 

Yes, you may conduct a repeat 

performance test at any time to establish 

new values for the operating limits. The 

Administrator may request a repeat 

performance test at any time. 

Model Rule—Monitoring

§ 60.3038 What continuous emission 

monitoring systems must I install? 

(a) You must install, calibrate, 

maintain, and operate continuous 

emission monitoring systems for carbon 

monoxide and for oxygen. You must 

monitor the oxygen concentration at 

each location where you monitor carbon 

monoxide. 

(b) You must install, evaluate, and 

operate each continuous emission 

monitoring system according to the 

‘‘Monitoring Requirements’’ in § 60.13.

§ 60.3039 How do I make sure my 

continuous emission monitoring systems 

are operating correctly? 

(a) Conduct initial, daily, quarterly, 

and annual evaluations of your 

continuous emission monitoring 

systems that measure carbon monoxide 

and oxygen. 

(b) Complete your initial evaluation of 

the continuous emission monitoring 

systems within 180 days after your final 

compliance date in Table 1 of this 

subpart. 

(c) For initial and annual evaluations, 

collect data concurrently (or within 30 

to 60 minutes) using your carbon 

monoxide and oxygen continuous 

emission monitoring systems. To 

validate carbon monoxide concentration 

levels, use EPA Method 10, 10A, or 10B 

of appendix A of this part. Use EPA 

Method 3 or 3A to measure oxygen. 

Collect the data during each initial and 

annual evaluation of your continuous 

emission monitoring systems following 

the applicable performance 

specifications in appendix B of this part. 

Table 4 of this subpart shows the 

required span values and performance 

specifications that apply to each 

continuous emission monitoring system.

(d) Follow the quality assurance 

procedures in Procedure 1 of appendix 

F of this part for each continuous 

emission monitoring system. The 

procedures include daily calibration 

drift and quarterly accuracy 

determinations.

§ 60.3040 What is my schedule for 

evaluating continuous emission monitoring 

systems? 

(a) Conduct annual evaluations of 

your continuous emission monitoring 

systems no more than 12 months after 

the previous evaluation was conducted. 

(b) Evaluate your continuous emission 

monitoring systems daily and quarterly 

as specified in appendix F of this part.

§ 60.3041 What is the minimum amount of 

monitoring data I must collect with my 

continuous emission monitoring systems, 

and is the data collection requirement 

enforceable? 

(a) Where continuous emission 

monitoring systems are required, obtain 

1-hour arithmetic averages. Make sure 

the averages for carbon monoxide are in 

parts per million by dry volume at 7 

percent oxygen. Use the 1-hour averages 

of oxygen data from your continuous 

emission monitoring system to 

determine the actual oxygen level and to 

calculate emissions at 7 percent oxygen. 

(b) Obtain at least two data points per 

hour in order to calculate a valid 1-hour 

arithmetic average. Section 60.13(e)(2) 

requires your continuous emission 

monitoring systems to complete at least 

one cycle of operation (sampling, 

analyzing, and data recording) for each 

15-minute period. 

(c) Obtain valid 1-hour averages for at 

least 75 percent of the operating hours 

per day for at least 90 percent of the 

operating days per calendar quarter. An 

operating day is any day the unit 

combusts any municipal or institutional 

solid waste. 

(d) If you do not obtain the minimum 

data required in paragraphs (a) through 

(c) of this section, you have deviated 

from the data collection requirement 

regardless of the emission level 

monitored. 

(e) If you do not obtain the minimum 

data required in paragraphs (a) through 

(c) of this section, you must still use all 

valid data from the continuous emission 

monitoring systems in calculating 

emission concentrations. 

(f) If continuous emission monitoring 

systems are temporarily unavailable to 

meet the data collection requirements, 

refer to Table 4 of this subpart. It shows 

alternate methods for collecting data 

when systems malfunction or when 

repairs, calibration checks, or zero and 

span checks keep you from collecting 

the minimum amount of data.

§ 60.3042 How do I convert my 1-hour 

arithmetic averages into the appropriate 

averaging times and units? 

(a) Use Equation 1 in § 60.3076 to 

calculate emissions at 7 percent oxygen. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71517

(b) Use Equation 2 in § 60.3076 to 

calculate the 3-hour rolling averages for 

concentrations of carbon monoxide.

§ 60.3043 What operating parameter 

monitoring equipment must I install, and 

what operating parameters must I monitor? 

(a) If you are using a wet scrubber to 

comply with the emission limitations 

under § 60.3022, you must install, 

calibrate (to manufacturers’

specifications), maintain, and operate 

devices (or establish methods) for 

monitoring the value of the operating 

parameters used to determine 

compliance with the operating limits 

listed in Table 3 of this subpart. These 

devices (or methods) must measure and 

record the values for these operating 

parameters at the frequencies indicated 

in Table 3 of this subpart at all times. 

(b) You must install, calibrate (to 

manufacturers’ specifications), 

maintain, and operate a device or 

method for measuring the use of any 

stack that could be used to bypass the 

control device. The measurement must 

include the date, time, and duration of 

the use of the bypass stack.

(c) If you are using a method or air 

pollution control device other than a 

wet scrubber to comply with the 

emission limitations under § 60.3022, 

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 

§ 60.3024.

§ 60.3044 Is there a minimum amount of 

operating parameter monitoring data I must 

obtain? 

(a) Except for monitor malfunctions, 

associated repairs, and required quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments of the monitoring system), 

you must conduct all monitoring at all 

times the OSWI unit is operating. 

(b) You must obtain valid monitoring 

data for at least 75 percent of the 

operating hours per day for at least 90 

percent of the operating days per 

calendar quarter. An operating day is 

any day the unit combusts any 

municipal or institutional solid waste. 

(c) If you do not obtain the minimum 

data required in paragraphs (a) and (b) 

of this section, you have deviated from 

the data collection requirement 

regardless of the operating parameter 

level monitored. 

(d) Do not use data recorded during 

monitor malfunctions, associated 

repairs, and required quality assurance 

or quality control activities for meeting 

the requirements of this subpart, 

including data averages and 

calculations. You must use all the data 

collected during all other periods in 

assessing compliance with the operating 

limits. 

Model Rule—Recordkeeping and 

Reporting

§ 60.3046 What records must I keep? 

You must maintain the 14 items (as 

applicable) as specified in paragraphs 

(a) through (n) of this section for a 

period of at least 5 years: 

(a) Calendar date of each record. 

(b) Records of the data described in 

paragraphs (b)(1) through (8) of this 

section: 

(1) The OSWI unit charge dates, 

times, weights, and hourly charge rates. 

(2) Liquor flow rate to the wet 

scrubber inlet every 15 minutes of 

operation, as applicable. 

(3) Pressure drop across the wet 

scrubber system every 15 minutes of 

operation or amperage to the wet 

scrubber every 15 minutes of operation, 

as applicable. 

(4) Liquor pH as introduced to the wet 

scrubber every 15 minutes of operation, 

as applicable.

(5) For affected OSWI units that 

establish operating limits for controls 

other than wet scrubbers under 

§ 60.3024, you must maintain data 

collected for all operating parameters 

used to determine compliance with the 

operating limits. 

(6) All 1-hour average concentrations 

of carbon monoxide emissions. 

(7) All 3-hour rolling average values 

of carbon monoxide emissions and all 3-

hour rolling average values of 

continuously monitored operating 

parameters. 

(8) Records of the dates, times, and 

durations of any bypass of the control 

device. 

(c) Identification of calendar dates 

and times for which continuous 

emission monitoring systems or 

monitoring systems used to monitor 

operating limits were inoperative, 

inactive, malfunctioning, or out of 

control (except for downtime associated 

with zero and span and other routine 

calibration checks). Identify the 

pollutant emissions or operating 

parameters not measured, the duration, 

reasons for not obtaining the data, and 

a description of corrective actions taken. 

(d) Identification of calendar dates, 

times, and durations of malfunctions, 

and a description of the malfunction 

and the corrective action taken. 

(e) Identification of calendar dates 

and times for which monitoring data 

show a deviation from the carbon 

monoxide emissions limit in Table 2 of 

this subpart or a deviation from the 

operating limits in Table 3 of this 

subpart or a deviation from other 

operating limits established under 

§ 60.3024 with a description of the 

deviations, reasons for such deviations, 

and a description of corrective actions 

taken. 

(f) Calendar dates when continuous 

monitoring systems did not collect the 

minimum amount of data required 

under §§ 60.3041 and 60.3044. 

(g) For carbon monoxide continuous 

emissions monitoring systems, 

document the results of your daily drift 

tests and quarterly accuracy 

determinations according to Procedure 1 

of appendix F of this part. 

(h) Records of the calibration of any 

monitoring devices required under 

§ 60.3043. 

(i) The results of the initial, annual, 

and any subsequent performance tests 

conducted to determine compliance 

with the emission limits and/or to 

establish operating limits, as applicable. 

Retain a copy of the complete test report 

including calculations and a description 

of the types of waste burned during the 

test. 

(j) Records showing the names of 

OSWI unit operators who have 

completed review of the information in 

§ 60.3019(a) as required by § 60.3019(b), 

including the date of the initial review 

and all subsequent annual reviews. 

(k) Records showing the names of the 

OSWI operators who have completed 

the operator training requirements 

under § 60.3014, met the criteria for 

qualification under § 60.3016, and 

maintained or renewed their 

qualification under § 60.3017 or 

§ 60.3018. Records must include 

documentation of training, the dates of 

the initial and refresher training, and 

the dates of their qualification and all 

subsequent renewals of such 

qualifications. 

(l) For each qualified operator, the 

phone and/or pager number at which 

they can be reached during operating 

hours. 

(m) Equipment vendor specifications 

and related operation and maintenance 

requirements for the incinerator, 

emission controls, and monitoring 

equipment. 

(n) The information listed in 

§ 60.3019(a).

§ 60.3047 Where and in what format must 

I keep my records? 

(a) You must keep each record on site 

for at least 2 years. You may keep the 

records off site for the remaining 3 

years. 

71518 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

(b) All records must be available in 

either paper copy or computer-readable 

format that can be printed upon request, 

unless an alternative format is approved 

by the Administrator.

§ 60.3048 What reports must I submit? 

See Table 5 of this subpart for a 

summary of the reporting requirements.

§ 60.3049 What information must I submit 

following my initial performance test? 

You must submit the information 

specified in paragraphs (a), (b) and (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 § 60.3030, as applicable. 

(b) The values for the site-specific 

operating limits established in § 60.3023 

or § 60.3024. 

(c) The waste management plan, as 

specified in §§ 60.3010 through 60.3012.

§ 60.3050 When must I submit my annual 

report? 

You must submit an annual report no 

later than 12 months following the 

submission of the information in 

§ 60.3049. You must submit subsequent 

reports no more than 12 months 

following the previous report.

§ 60.3051 What information must I include 

in my annual report?

The annual report required under 

§ 60.3050 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 

§§ 60.3052 through 60.3054. 

(a) Company name and address. 

(b) Statement by the owner or 

operator, with their name, title, and 

signature, certifying the truth, accuracy, 

and completeness of the report. Such 

certifications must also comply with the 

requirements of 40 CFR 70.5(d) or 

71.5(d). 

(c) Date of report and beginning and 

ending dates of the reporting period. 

(d) The values for the operating limits 

established pursuant to § 60.3023 or 

§ 60.3024. 

(e) If no deviation from any emission 

limitation or operating limit that applies 

to you has been reported, a statement 

that there was no deviation from the 

emission limitations or operating limits 

during the reporting period, and that no 

monitoring system used to determine 

compliance with the emission 

limitations or operating limits was 

inoperative, inactive, malfunctioning or 

out of control. 

(f) The highest recorded 3-hour 

average and the lowest recorded 3-hour 

average, as applicable, for carbon 

monoxide emissions and for each 

operating parameter recorded for the 

calendar year being reported. 

(g) Information recorded under 

§ 60.3046(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 

§ 60.3035(a) or (b), and did not conduct 

a performance test during the reporting 

period, you must state that you met the 

requirements of § 60.3035(a) or (b), and, 

therefore, you were not required to 

conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all 

qualified OSWI unit operators were 

unavailable for more than 12 hours, but 

less than 2 weeks.

§ 60.3052 What else must I report if I have 

a deviation from the operating limits or the 

emission limitations? 

(a) You must submit a deviation 

report if any recorded 3-hour average 

parameter level is above the maximum 

operating limit or below the minimum 

operating limit established under this 

subpart, if any recorded 3-hour average 

carbon monoxide emission rate is above 

the emission limitation, if the control 

device was bypassed, or if a 

performance test was conducted showed 

a deviation from any emission 

limitation. 

(b) The deviation report must be 

submitted by August 1 of that year for 

data collected during the first half of the 

calendar year (January 1 to June 30), and 

by February 1 of the following year for 

data you collected during the second 

half of the calendar year (July 1 to 

December 31).

§ 60.3053 What must I include in the 

deviation report? 

In each report required under 

§ 60.3052, for any pollutant or operating 

parameter that deviated from the 

emission limitations or operating limits 

specified in this subpart, include the 

seven items described in paragraphs (a) 

through (g) of this section. 

(a) The calendar dates and times your 

unit deviated from the emission 

limitations or operating limit 

requirements. 

(b) The averaged and recorded data 

for those dates. 

(c) Durations and causes of each 

deviation from the emission limitations 

or operating limits and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and any test report that documents the 

emission levels. 

(e) The dates, times, number, 

duration, and causes for monitor 

downtime incidents (other than 

downtime associated with zero, span, 

and other routine calibration checks). 

(f) Whether each deviation occurred 

during a period of startup, shutdown, or 

malfunction, or during another period. 

(g) The dates, times, and durations of 

any bypass of the control device.

§ 60.3054 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 OSWI unit. 

(b) If your unit was shut down by the 

Administrator, under the provisions of 

§ 60.3020(c)(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.

§ 60.3055 Are there any other notifications 

or reports that I must submit? 

Yes, you must submit notifications as 

provided by § 60.7.

§ 60.3056 In what form can I submit my 

reports? 

Submit initial, annual, and deviation 

reports electronically or in paper format, 

postmarked on or before the submittal 

due dates.

§ 60.3057 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. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71519

Model Rule—Title V Operating Permits

§ 60.3059 Am I required to apply for and 

obtain a title V operating permit for my 

unit? 

Yes, if you are subject to an applicable 

EPA-approved and effective Clean Air 

Act section 111(d)/129 State or Tribal 

plan or an applicable and effective 

Federal plan, you are required to apply 

for and obtain a title V operating permit 

unless you meet the relevant 

requirements for an exemption specified 

in § 60.2993.

§ 60.3060 When must I submit a title V 

permit application for my existing OSWI 

unit? 

(a)(1) If your existing OSWI unit is not 

subject to an earlier permit application 

deadline, a complete title V permit 

application must be submitted by the 

earlier of the dates specified in 

paragraphs (a)(1)(i) through (iii) of this 

section. (See sections 129(e), 503(c), 

503(d), and 502(a) of the Clean Air Act 

and 40 CFR 70.5(a)(1)(i) and 

71.5(a)(1)(i).) 

(i) 12 months after the effective date 

of any applicable EPA-approved Clean 

Air Act section 111(d)/129 State or 

Tribal plan. 

(ii) 12 months after the effective date 

of any applicable Federal plan. 

(iii) 36 months after [DATE THE 

FINAL RULE IS PUBLISHED IN THE 

Federal Register]. 

(2) For any existing OSWI unit not 

subject to an earlier permit application 

deadline, the application deadline of 36 

months after the promulgation of 40 

CFR part 60, subpart FFFF, applies 

regardless of whether or when any 

applicable Federal plan is effective, or 

whether or when any applicable Clean 

Air Act section 111(d)/129 State or 

Tribal plan is approved by the EPA and 

becomes effective. 

(b) If your OSWI unit is subject to title 

V as a result of some triggering 

requirement(s) other than those 

specified in paragraph (a) of this section 

(for example, an OSWI unit may be a 

major source or part of a major source), 

then your unit may be required to apply 

for a title V permit prior to the deadlines 

specified in paragraph (a). If more than 

one requirement triggers a source’s 

obligation to apply for a title V permit, 

the 12-month time frame for filing a title 

V permit application is triggered by the 

requirement that first causes the source 

to be subject to title V. (See section 

503(c) of the Clean Air Act and 40 CFR 

70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and 

(b), and 71.5(a)(1)(i).) 

(c) A ‘‘complete’’ title V permit 

application is one that has been 

determined or deemed complete by the 

relevant permitting authority under 

section 503(d) of the Clean Air Act and 

40 CFR 70.5(a)(2) or 71.5(a)(2). You 

must submit a complete permit 

application by the relevant application 

deadline in order to operate after this 

date in compliance with Federal law. 

(See sections 503(d) and 502(a) of the 

Clean Air Act and 40 CFR 70.7(b) and 

71.7(b).)

Model Rule—Temporary Use 

Incinerators Used in Disaster Recovery

§ 60.3061 What are the requirements for 

temporary use incinerators used in disaster 

recovery? 

Your incinerator is excluded from the 

requirements of this subpart if it is used 

on a temporary basis to combust debris 

from a disaster or emergency such as a 

tornado, hurricane, flood, or act of 

bioterrorism, and you follow the 

requirements in paragraphs (a) or (b) of 

this section, depending on the extent of 

response necessary for disaster recovery. 

(a) If the incinerator is used to 

combust debris in an area declared a 

State of Emergency by a State 

government, or the President, under the 

authority of the Stafford Act, has 

declared that an emergency or a major 

disaster exists in the area, then the 

incinerator is excluded from the 

requirements of this subpart. 

(b) If the incinerator is used to 

combust debris in an area that is not 

declared a State of Emergency or major 

disaster, then you must meet the 

requirements of paragraphs (b)(1) 

through (b)(3) of this section, depending 

on the length of time the incinerator 

will be used at the same location. 

(1) If the incinerator is used for less 

than 8 weeks at the same location, then 

it is excluded from the requirements of 

this subpart. You do not need to notify 

the Administrator of its use or meet the 

emission limits or other requirements of 

this subpart. 

(2) If the incinerator will be used for 

8 weeks or more at the same location, 

you must notify the Administrator that 

the temporary use incinerator will be 

used for 8 weeks or more and request 

permission to continue to operate the 

incinerator. 

(i) The notification must be submitted 

in writing by the date 8 weeks after you 

start operation of the temporary use 

incinerator at its current location. 

(ii) The notification must contain the 

date the incinerator started operation at 

its current location, identification of the 

disaster or emergency for which the 

incinerator is being used, a description 

of the types of materials being burned in 

the incinerator, a brief description of the 

size and design of the incinerator (for 

example, an air curtain incinerator or a 

modular starved-air incinerator), the 

reasons the incinerator must be operated 

for more than 8 weeks, and the amount 

of time for which you request 

permission to operate, including the 

date you expect to cease operation of the 

incinerator. 

(3) If you submitted the notification 

containing the information in paragraph 

(b)(2)(ii) by the date specified in 

paragraph (b)(2)(i), you may continue to 

operate the incinerator for 8 additional 

weeks, which is a total of 16 weeks from 

the date the incinerator started 

operation in its current location. You do 

not have to meet the emission limits or 

other requirements of this subpart 

during this period. 

(i) At the end of 16 weeks from the 

date the incinerator started operation in 

its current location, you must cease 

operation of the incinerator or comply 

with all requirements of this subpart, 

unless the Administrator has approved 

in writing your request to continue 

operation. 

(ii) If the Administrator has approved 

in writing your request to continue 

operation, then you may continue to 

operate the incinerator until the date 

specified in the approval, and you do 

not need to comply with any other 

requirements of this subpart during the 

approved time period. 

Model Rule—Air Curtain Incinerators 

That Burn Only Wood Waste, Clean 

Lumber, and Yard Waste

§ 60.3062 What is an air curtain 

incinerator? 

(a) An air curtain incinerator operates 

by forcefully projecting a curtain of air 

across an open, integrated combustion 

chamber (fire box) or open pit or trench 

(trench burner) in which combustion 

occurs. For the purpose of this subpart 

and subpart EEEE only, air curtain 

incinerators include both firebox and 

trench burner units. 

(b) Air curtain incinerators that burn 

only the materials listed in paragraphs 

(b)(1) through (4) of this section are 

required to meet only the requirements 

in §§ 60.3062 through 60.3068 and are 

exempt from all other requirements of 

this subpart. 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent yard waste. 

(4) 100 percent mixture of only wood 

waste, clean lumber, and/or yard waste.

§ 60.3063 When must I comply if my air 

curtain incinerator burns only wood waste, 

clean lumber, and yard waste? 

Table 1 of this subpart specifies the 

final compliance date. You must submit 

a notification to the Administrator 

postmarked within 10 business days 

71520 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

after the final compliance date in Table 

1 of this subpart.

§ 60.3064 What must I do if I close my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste and 

then restart it? 

(a) If you close your incinerator but 

will reopen it prior to the final 

compliance date in your State plan, you 

must meet the final compliance date 

specified in Table 1 of this subpart.

(b) If you close your incinerator but 

will restart it after your final compliance 

date, you must meet the emission 

limitations on the date your incinerator 

restarts operation.

§ 60.3065 What must I do if I plan to 

permanently close my air curtain 

incinerator that burns only wood waste, 

clean lumber, and yard waste and not 

restart it? 

You must close the unit before the 

final compliance date specified in Table 

1 of this subpart.

§ 60.3066 What are the emission 

limitations for air curtain incinerators that 

burn only wood waste, clean lumber, and 

yard waste? 

(a) Within 180 days after your final 

compliance date in Table 1 of this 

subpart, you must meet the two 

limitations specified in paragraphs (a)(1) 

and (2) of this section. 

(1) The opacity limitation is 10 

percent (6-minute average), except as 

described in paragraph (a)(2) of this 

section. 

(2) The opacity limitation is 35 

percent (6-minute average) during the 

startup period that is within the first 30 

minutes of operation. 

(b) The limitations in paragraph (a) of 

this section apply at all times except 

during malfunctions.

§ 60.3067 How must I monitor opacity for 

air curtain incinerators that burn only wood 

waste, clean lumber, and yard waste? 

(a) Use Method 9 of appendix A of 

this part to determine compliance with 

the opacity limitation. 

(b) Conduct an initial test for opacity 

as specified in § 60.8 within 180 days 

after the final compliance date in Table 

1 of this subpart. 

(c) After the initial test for opacity, 

conduct annual tests no more than 12 

calendar months following the date of 

your previous test.

§ 60.3068 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators that burn only wood waste, 

clean lumber, and yard waste? 

(a) Keep records of results of all initial 

and annual opacity tests in either paper 

copy or computer-readable format that 

can be printed upon request, unless the 

Administrator approves another format, 

for at least 5 years. You must keep each 

record on site for at least 2 years. You 

may keep the records off site for the 

remaining 3 years. 

(b) Make all records available for 

submittal to the Administrator or for an 

inspector’s review. 

(c) You must submit the results (each 

6-minute average) of the initial opacity 

tests no later than 60 days following the 

initial test. Submit annual opacity test 

results within 12 months following the 

previous report. 

(d) Submit initial and annual opacity 

test reports as electronic or paper copy 

on or before the applicable submittal 

date. 

(e) Keep a copy of the initial and 

annual reports for a period of 5 years. 

You must keep each report on site for 

at least 2 years. You may keep the 

reports off site for the remaining 3 years.

§ 60.3069 Am I required to apply for and 

obtain a title V operating permit for my air 

curtain incinerator that burns only wood 

waste, clean lumber, and yard waste? 

Yes, if your air curtain is subject to 

this subpart, you are required to apply 

for and obtain a title V operating permit 

as specified in §§ 60.3059 and 60.3060. 

Model Rule—Equations

§ 60.3076 What equations must I use? 

(a) Percent oxygen. Adjust all 

pollutant concentrations to 7 percent 

oxygen using Equation 1 of this section.

C * (Eq. 1) adj = − C O meas ( ) 20 9 7 20 9 ( ) − 2 . .%

Where:

Cadj = pollutant concentration adjusted 

to 7 percent oxygen. 

Cmeas = pollutant concentration 

measured on a dry basis. 

(20.9–7) = 20.9 percent oxygen-7 

percent oxygen (defined oxygen 

correction basis). 

20.9 = oxygen concentration in air, 

percent. 

%O2 = oxygen concentration measured 

on a dry basis, percent.

(b) Capacity of a very small municipal 

waste combustion unit. For very small 

municipal waste combustion units that 

can operate continuously for 24-hour 

periods, calculate the unit capacity 

based on 24 hours of operation at the 

maximum charge rate. To determine the 

maximum charge rate, use one of two 

methods: 

(1) For very small municipal waste 

combustion units with a design based 

on heat input capacity, calculate the 

maximum charging rate based on the 

maximum heat input capacity and one 

of two heating values: 

(i) If your very small municipal waste 

combustion unit combusts refusederived fuel, use a heating value of 

12,800 kilojoules per kilogram (5,500 

British thermal units per pound). 

(ii) If your very small municipal waste 

combustion unit combusts municipal 

solid waste, use a heating value of 

10,500 kilojoules per kilogram (4,500 

British thermal units per pound). 

(2) For very small municipal waste 

combustion units with a design not 

based on heat input capacity, use the 

maximum design charging rate.

(c) Capacity of a batch very small 

municipal waste combustion unit.

Calculate the capacity of a batch OSWI 

unit as the maximum design amount of 

municipal solid waste it can charge per 

batch multiplied by the maximum 

number of batches it can process in 24 

hours. Calculate the maximum number 

of batches by dividing 24 by the number 

of hours needed to process one batch. 

Retain fractional batches in the 

calculation. For example, if one batch 

requires 16 hours, the OSWI unit can 

combust 24⁄16, or 1.5 batches, in 24 

hours. 

(d) Carbon monoxide pollutant rate.

When hourly average pollutant rates (Eh) 

are obtained (e.g., CEMS values), 

compute the rolling average carbon 

monoxide pollutant rate (Ea) for each 3-

hour period using the following 

equation:

E (Eq. 2) a =

=

∑

1

3 1

3

Ehj

j

Where:

Ea = Average carbon monoxide pollutant 

rate for the 3-hour period, ppm 

corrected to 7 percent O2. 

Ehj = Hourly arithmetic average 

pollutant rate for hour ‘‘j,’’ ppm 

corrected to 7 percent O2. 

Model Rule—Definitions

§ 60.3078 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. 


EP09DE04.002</MATH> EP09DE04.003</MATH>
Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71521

Administrator means the 

Administrator of the U.S. 

Environmental Protection Agency or 

his/her authorized representative or 

Administrator of a State Air Pollution 

Control Agency. 

Air curtain incinerator means an 

incineration unit operating by forcefully 

projecting a curtain of air across an 

open, integrated combustion chamber 

(fire box) or open pit or trench (trench 

burner) in which combustion occurs. 

For the purpose of this subpart and 

subpart EEEE only, air curtain 

incinerators include both firebox and 

trench burner units. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Batch OSWI unit means an OSWI unit 

that is designed such that neither waste 

charging nor ash removal can occur 

during combustion. 

Calendar quarter means three 

consecutive months (nonoverlapping) 

beginning on: January 1, April 1, July 1, 

or October 1. 

Calendar year means 365 consecutive 

days starting on January 1 and ending 

on December 31. 

Chemotherapeutic waste means waste 

material resulting from the production 

or use of anti-neoplastic agents used for 

the purpose of stopping or reversing the 

growth of malignant cells. 

Class II municipal solid waste landfill

means a landfill that meets four criteria: 

(1) Accepts, for incineration or 

disposal, less than 20 tons per day of 

municipal solid waste or other solid 

wastes based on an annual average; 

(2) Is located on a site where there is 

no evidence of groundwater pollution 

caused or contributed to by the landfill; 

(3) Is not connected by road to a Class 

I municipal solid waste landfill, as 

defined by Alaska regulatory code 18 

AAC 60.300(c) or, if connected by road, 

is located more than 50 miles from a 

Class I municipal solid waste landfill; 

and 

(4) Serves a community that meets 

one of two criteria: 

(i) Experiences for at least three 

months each year, an interruption in 

access to surface transportation, 

preventing access to a Class I municipal 

solid waste landfill; or 

(ii) Has no practicable waste 

management alternative, with a landfill 

located in an area that annually receives 

25 inches or less of precipitation.

Class III municipal solid waste 

landfill is a landfill that is not 

connected by road to a Class I municipal 

solid waste landfill, as defined by 

Alaska regulatory code 18 AAC 

60.300(c) or, if connected by road, is 

located more than 50 miles from a Class 

I municipal solid waste landfill, and 

that accepts, for disposal, either of the 

following two criteria: 

(1) Ash from incinerated municipal 

waste in quantities less than one ton per 

day on an annual average, which ash 

must be free of food scraps that might 

attract animals; or 

(2) Less than five tons per day of 

municipal solid waste, based on an 

annual average, and is not located in a 

place that meets either of the following 

criteria: 

(i) Where public access is restricted, 

including restrictions on the right to 

move to the place and reside there; or 

(ii) That is provided by an employer 

and that is populated totally by persons 

who are required to reside there as a 

condition of employment and who do 

not consider the place to be their 

permanent residence. 

Clean lumber means wood or wood 

products that have been cut or shaped 

and include wet, air-dried, and 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. 

Collected from means the transfer of 

material from the site at which the 

material is generated to a separate site 

where the material is burned. 

Contained gaseous material means 

gases that are in a container when that 

container is combusted. 

Continuous emission monitoring 

system or CEMS means a monitoring 

system for continuously measuring and 

recording the emissions of a pollutant 

from an affected OSWI unit. 

Continuous OSWI unit means an 

OSWI unit that is designed to allow 

waste charging and ash removal during 

combustion. 

Deviation means any instance in 

which an OSWI unit that meets the 

requirements in § 60.2991, or an owner 

or operator of such an OSWI unit: 

(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 OSWI unit that meets 

requirements in § 60.2991 and is 

required to obtain such a permit; or

(3) Fails to meet any emission 

limitation, operating limit, or operator 

qualification and accessibility 

requirement in this subpart during 

startup, shutdown, or malfunction, 

regardless of whether or not such failure 

is allowed by this subpart. 

Dioxins/furans means tetra-through 

octachlorinated dibenzo-p-dioxins and 

dibenzofurans. 

Energy recovery means the process of 

recovering thermal energy from 

combustion for useful purposes such as 

steam generation or process heating. 

Institution means organizations 

having a governmental, educational, 

civic, or religious purpose such as 

schools, hospitals, prisons, government 

facilities, churches, and other similar 

establishments or facilities. 

Institutional waste means solid waste 

combusted for reasons that do not 

include the recovery of heat for a useful 

purpose, or combusted without heat 

recovery or with only waste heat 

recovery (i.e., no heat recovery in the 

combustion firebox), in an enclosed unit 

using controlled flame combustion that 

is a distinct operating unit of the 

institutional facility. Institutional waste 

also includes solid waste combusted onsite in an air curtain incinerator that is 

a distinct operating unit of the 

institutional facility that generated the 

waste. 

Institutional waste incineration unit

means any combustion unit that 

combusts institutional waste (as defined 

in this subpart), that is a distinct 

operating unit of the institutional 

facility that generated the waste. 

Institutional waste incineration units 

include field-erected, modular, and 

custom built incineration units 

operating with starved or excess air, and 

any air curtain incinerator that is a 

distinct operating unit of the 

institutional facility that generated the 

institutional waste (except those air 

curtain incinerators listed in 

§ 60.2994(b)). 

Intermittent OSWI unit means an 

OSWI unit that is designed to allow 

waste charging, but not ash removal, 

during combustion. 

Low-level radioactive waste means 

waste material that contains radioactive 

nuclides emitting primarily beta or 

gamma radiation, or both, in 

concentrations or quantities that exceed 

applicable Federal or State standards for 

unrestricted release. Low-level 

radioactive waste is not high-level 

radioactive waste, spent nuclear fuel, or 

byproduct material as defined by the 

Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)).

Malfunction means any sudden, 

infrequent, and not reasonably 

preventable failure of air pollution 

control equipment, process equipment, 

or a process to operate in a normal or 

usual manner. Failures that are caused, 

71522 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

in part, by poor maintenance or careless 

operation are not malfunctions. 

Modification or modified OSWI unit

means an OSWI unit you have changed 

on or after the date 6 months after 

[DATE THE FINAL RULE IS 

PUBLISHED IN THE Federal Register] 

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 OSWI unit (not 

including the cost of land) updated to 

current costs (current dollars). To 

determine what systems are within the 

boundary of the OSWI unit used to 

calculate these costs, see the definition 

of OSWI unit. 

(2) Any physical change in the OSWI 

unit or change in the method of 

operating it that increases the amount of 

any air pollutant emitted for which 

section 129 or section 111 of the Clean 

Air Act has established standards. 

Municipal solid waste means refuse 

(and refuse-derived fuel) collected from 

the general public and from residential, 

commercial, institutional, and industrial 

sources consisting of paper, wood, yard 

wastes, food wastes, plastics, leather, 

rubber, and other combustible materials 

and non-combustible materials such as 

metal, glass and rock, provided that: 

(1) The term does not include 

industrial process wastes or medical 

wastes that are segregated from such 

other wastes; and 

(2) An incineration unit shall not be 

considered to be combusting municipal 

waste for purposes of this subpart if it 

combusts a fuel feed stream, 30 percent 

or less of the weight of which is 

comprised, in aggregate, of municipal 

waste, as determined by § 60.2993(c). 

Municipal waste combustion unit

means, for the purpose of this subpart 

and subpart EEEE, any setting or 

equipment that combusts municipal 

solid waste (as defined in this subpart) 

including, but not limited to, fielderected, modular, and custom built 

incineration units (with or without heat 

recovery) operating with starved or 

excess air, boilers, furnaces, pyrolysis/

combustion units, and air curtain 

incinerators (except those air curtain 

incinerators listed in § 60.2994(b)). 

Other solid waste incineration (OSWI) 

unit means either a very small 

municipal waste combustion unit or an 

institutional waste incineration unit, as 

defined in this subpart. While not all 

OSWI units will include all of the 

following components, an OSWI unit 

includes, but is not limited to, the 

municipal or institutional solid waste 

feed system, grate system, flue gas 

system, waste heat recovery equipment, 

if any, and bottom ash system. The 

OSWI unit does not include air 

pollution control equipment or the 

stack. The OSWI unit boundary starts at 

the municipal or institutional waste 

hopper (if applicable) and extends 

through two areas: 

(1) The combustion unit flue gas 

system, which ends immediately after 

the last combustion chamber or after the 

waste heat recovery equipment, if any; 

and 

(2) The combustion unit bottom ash 

system, which ends at the truck loading 

station or similar equipment that 

transfers the ash to final disposal. The 

OSWI unit includes all ash handling 

systems connected to the bottom ash 

handling system. 

Particulate matter means total 

particulate matter emitted from OSWI 

units as measured by Method 5 or 

Method 29 of appendix A of 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). 

Reconstruction means rebuilding an 

OSWI unit and meeting two criteria: 

(1) The reconstruction begins on or 

after 6 months after [DATE THE FINAL 

RULE IS PUBLISHED IN THE Federal 

Register]. 

(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 OSWI unit (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the OSWI unit 

used to calculate these costs, see the 

definition of OSWI unit. 

Refuse-derived fuel means a type of 

municipal solid waste produced by 

processing municipal solid waste 

through shredding and size 

classification. This includes all classes 

of refuse-derived fuel including two 

fuels: 

(1) Low-density fluff refuse-derived 

fuel through densified refuse-derived 

fuel. 

(2) Pelletized refuse-derived fuel. 

Shutdown means the period of time 

after all waste has been combusted in 

the primary chamber. For continuous 

OSWI, shutdown shall commence no 

less than 2 hours after the last charge to 

the incinerator. For intermittent OSWI, 

shutdown shall commence no less than 

4 hours after the last charge to the 

incinerator. For batch OSWI, shutdown 

shall commence no less than 5 hours 

after the high-air phase of combustion 

has been completed.

Solid waste means any garbage, 

refuse, sludge from a waste treatment 

plant, water supply treatment plant, or 

air pollution control facility and other 

discarded material, including solid, 

liquid, semisolid, or contained gaseous 

material resulting from industrial, 

commercial, mining, agricultural 

operations, and from community 

activities, but does not include solid or 

dissolved material in domestic sewage, 

or solid or dissolved materials in 

irrigation return flows or industrial 

discharges that are point sources subject 

to permits under section 402 of the 

Federal Water Pollution Control Act, as 

amended (33 U.S.C. 1342), or source, 

special nuclear, or byproduct material 

as defined by the Atomic Energy Act of 

1954, as amended (42 U.S.C. 2014). 

Standard conditions, when referring 

to units of measure, means a 

temperature of 68 °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. 

For batch OSWI, startup means the 

period of time between activation of the 

system and ignition of the waste. 

Very small municipal waste 

combustion unit means any municipal 

waste combustion unit that has the 

capacity to combust less than 35 tons 

per day of municipal solid waste or 

refuse-derived fuel, as determined by 

the calculations in § 60.3076. 

Waste heat recovery means the 

process of recovering heat from the 

combustion flue gases by convective 

heat transfer only. 

Wet scrubber means an add-on air 

pollution control device that utilizes an 

aqueous or alkaline scrubbing liquor to 

collect particulate matter (including 

nonvaporous metals and condensed 

organics) and/or to absorb and 

neutralize acid gases. 

Wood waste means untreated wood 

and untreated wood products, including 

tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, 

sawdust, chips, scraps, slabs, millings, 

and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, 

shrubs, and clippings from bushes and 

shrubs from residential, commercial/

retail, institutional, or industrial sources 

as part of maintaining yards or other 

private or public lands. 

(2) Construction, renovation, or 

demolition wastes. 

(3) Clean lumber. 

Yard waste means grass, grass 

clippings, bushes, shrubs, and clippings 

from bushes and shrubs. Yard waste 

comes from residential, commercial/

retail, institutional, or industrial sources 

as part of maintaining yards or other 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71523

private or public lands. Yard waste does 

not include two items:

(1) Construction, renovation, and 

demolition wastes. 

(2) Clean lumber. 

As stated in § 60.3000, you must 

comply with the following: 

Tables to Subpart FFFF of Part 60

TABLE 1 TO SUBPART FFFF OF PART

60.—MODEL RULE—COMPLIANCE

SCHEDULE

Complete this 

action By this date a

Final compliance.b.Dates to be specified in 

State plan).c

aSite-specific schedules can be used at the 

discretion of the State. 

bFinal compliance means that you complete 

all process changes and retrofit of control devices so that, when the affected OSWI unit is 

brought on line, all process changes and air 

pollution control devices necessary to meet 

the emission limitations operate as designed. cThe date can be no later than 3 years after 

the effective date of State plan approval or 5 

years after [DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register], whichever 

is earlier. 

As stated in § 60.3022, you must 

comply with the following:

TABLE 2 TO SUBPART FFFF OF PART 60.—MODEL RULE—EMISSION LIMITATIONS

For the air pollutant You must meet this emission limitation a Using this averaging time And determining compliance using 

this method 

1. Cadmium ................................... 18 micrograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

2. Carbon monoxide ..................... 5.0 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run during performance test, and 3-hour rolling averages mesured using 

continuous emissions monitoring system) b.

Method 10, 10A, or 10B of appendix A of this part. 

3. Dioxins/furans (total basis) ....... 33 nanograms per dry standard 

cubic meter.

3-run average (1 hour minimum 

sample time per run).

Method 23 of appendix A of this 

part. 

4. Hydrogen chloride ..................... 3.7 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 26A of appendix A of this 

part 

5. Lead .......................................... 226 micrograms per dry standard 

cubmic meter.

3-run average (1 hour minimum 

sample time per run).

method 29 of appendix A of this 

part. 

6. Mercury ..................................... 74 micrograms per dry standard 

cubmic meter.

3-run average (1 hour minimum 

sample time per run).

Method 29 of appendix A of this 

part. 

7. Opacity ...................................... 10 percent ..................................... 6-run average (1 hour minimum 

sample time per run).

Method 9 of appendix A of this 

part. 

8. Oxides of nitrogen .................... 103 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 7, 7A, 7C, 7D, or 7E of 

appendix A of this part. ASME 

PTC 19–10–1981–Part 10 is an 

acceptable alternative to Method 7 and 7C only (IBR, see 

§ 60.17(h)). 

9. Particulate matter ...................... 0.013 grains per dry standard 

cubic foot.

3-run average (1 hour minimum 

sample time per run).

Method 5 or 29 of appendix A of 

this part. 

10. Sulfur dioxide .......................... 3.1 parts per million by dry volume.3-run average (1 hour minimum 

sample time per run).

Method 6 or 6C of appendix A of 

this part, ASME PTC 19–10–

1981–Part 10 is an acceptable 

alternative to Method 6 only 

(IBR, see § 60.17(h)). 

aAll emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

b Calculated each hour as the average of the previous 3 operating hours. 

As stated in § 60.3023, you must 

comply with the following:

TABLE 3 TO SUBPART FFFF OF PART 60.—MODEL RULE—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS

For these operating parameters You must establish these operating limits 

And monitoring using these minimum frequencies 

Date

measurement 

Data

recording 

Averaging

Time 

1. Charge rate .................. Maximum charge rate .............. Continuous ...................... Every hour ....................... Daily for batch units. 3-

hour rolling for continuous and intermittent 

units.a

2. Pressure drop across 

the wet scrubber or amperage to wet scrubber.

Minimum pressure drop or amperage.Continuous ...................... Every 15 minutes ............ 3-hour rolling.a

3. Scrubber liquor flow 

rate.

Minimum flow rate ................... Continuous ...................... Every 15 minutes ............ 3-hour rolling.a

71524 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

TABLE 3 TO SUBPART FFFF OF PART 60.—MODEL RULE—OPERATING LIMITS FOR INCINERATORS AND WET

SCRUBBERS—Continued

For these operating parameters You must establish these operating limits 

And monitoring using these minimum frequencies 

Date

measurement 

Data

recording 

Averaging

Time 

4. Scrubber liquor pH ....... Minimum pH ............................ Continuous ...................... Every 15 minutes ............ 3-hour rolling a. 

a Calculated each hour as the average of the previous 3 operating hours. 

As stated in § 60.3039, you must 

comply with the following:

TABLE 4 TO SUBPART FFFF OF PART 60.—MODEL RULE—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING

SYSTEMS (CEMS) 

For the following pollutants Use the following span values for your 

CEMS 

Use the following performance specifications (P.S.) 

in appendix B of this part 

for your CEMS 

If needed to meet minimum data requirements, use the following alternate methods in appendix A of this part to collect 

data 

1. Carbon Monoxide ......... 125 percent of the maximum hourly potential carbon monoxide emissions of 

the waste combustion unit.

P.S.4A .............................. Method 10. 

2. Oxygen ......................... 25 percent oxygen ..................................... P.S.3 ................................ Method 3A or 3B. ASME PTC 19–10–

1981–Part 10 is an acceptable alternative to Method 3B only (IBR, see 

§ 60.17(h)). 

As stated in § 60.3048, you must 

comply with the following:

TABLE 5 TO SUBPART FFFF OF PART 60.—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS a

Report Due date Contents Reference 

1. Initial test report ......................... a. No later than 60 days following 

the the initial performance test.

i. Complete test report for initial 

performance test; and 

§ 60.3049. 

ii. The values for the site-specific 

operating limits.

§ 60.3049. 

2. Waste management plan ........... a. No later than 60 days following 

the initial performance test.

i. Reduction or separation of recyclable materials; and.§§ 60.3010 through 60.3012. 

ii. Identification of additional waste 

management measures and 

how they will be implemented.

§§ 60.3010 through 60.3012. 

3. Annual report ............................. a. 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.

i. Company Name and ................. §§ 60.3050 and 60.3051. 

ii. Statement and signature by the 

owner or operator;.

§§ 60.3050 and 60.3051. 

iii. Date of report; .......................... §§ 60.3050 and 60.3051. 

iv. Values for the operating limits; §§ 60.3050 and 60.3051. 

v. If no deviations or malfunctions 

were reported, a statement that 

no deviations occurred during 

the reporting period;.

§§ 60.3050 and 60.3051. 

vi. Highest recorded 3-hour average and the lowest 3-hour average, as applicable, for each operating parameter recorded for 

the calendar year being reported;.

§§ 60.3050 and 60.3051. 

vii. Information for deviations or 

malfunctions recorded under 

§ 60.2949(b)(6) and (c) through 

(e);.

§§ 60.3050 and 60.3051. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71525

TABLE 5 TO SUBPART FFFF OF PART 60.—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS a—Continued

Report Due date Contents Reference 

viii. If a performance test was 

conducted during the reporting 

period, the results of the test;.

§§ 60.3050 and 60.3051. 

ix. If a performance test was not 

conducted during the reporting 

period, a statement that the requirements of § 60.2934(a) or 

(b) were met; and.

§§ 60.3050 and 60.3051. 

x. Documentation of periods when 

all qualified OSWI unit operators were unavailable for more 

than 12 hours but less than 2 

weeks.

§§ 60.3050 and 60.3051. 

4. Emission limitation or operating 

limit deviation report.

b. 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.

i. Dates and times of deviation; .... §§ 60.3052 and 60.3053. 

ii. Averaged and recorded data for 

those dates;.

§§ 60.3052 and 60.3053. 

iii. Duration and causes of each 

deviation and the corrective actions taken.

§§ 60.3052 and 60.3053. 

iv. Copy of operating limit monitoring data and any test reports;.§§ 60.3052 and 60.3053. 

v. Dates, times, and causes for 

monitor downtime incidents; 

and 

§§ 60.3052 and 60.3053. 

vi. Whether each deviation occurred during a period of startup, shutdown, or malfunction 

§§ 60.3052 and 60.3053.

§§ 60.3052 and 60.3053. 

5. Qualified operator deviation notification.a. Within 10 days of deviation. i. Statement of cause of deviation; § 60.3054(a)(1) 

ii. Description of efforts to have an 

accessible qualified operator; 

and.

§ 60.3054(a)(1) 

iii. The date a qualified operator 

will be accessible.

§ 60.3054(a)(1) 

6. Qualified operation deviation 

status report.

a. Every 4 weeks following deviation.i. Description of efforts to have an 

accessible qualified operator;.

§ 60.3054(a)(2) 

ii. The date a qualified operator 

will be accessible; and.

§ 60.3054(a)(2) 

iii. Request to continue operation § 60.3054(a)(2) 

7. Qualified operator deviation notification of resumed operation.a. Prior to resuming operation ...... i. Notification that you are resuming operation.§ 60.3054(b). 

aThis table is only a summary, see the referenced sections of the rule for the complete requirements. 

[FR Doc. 04–26741 Filed 12–8–04; 8:45 am] 

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