[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Proposed Rules]
[Pages 71472-71525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26741]



[[Page 71471]]

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Part II





Environmental Protection Agency





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40 CFR Part 60



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

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

[[Page 71472]]


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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.

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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 href="/cdn-cgi/l/email-protection#a8c985c9c6cc85da85ccc7cbc3cddce8cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="6f0e420e010b421d420b000c040a1b2f0a1f0e41080019">[email protected]</span></a>, 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 e-mail 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: <a href="/cdn-cgi/l/email-protection#355f5a5d5b465a5b1b5854474c755045541b525a43"><span class="__cf_email__" data-cfemail="79131611170a16175714180b00391c0918571e160f">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#42322d303627306c24302726022732236c252d34"><span class="__cf_email__" data-cfemail="65150a171100174b03170001250015044b020a13">[email protected]</span></a>.
    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?

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    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:

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                                                                             Examples of potentially regulated
                 Category                    NAICS code       SIC code                    entities
----------------------------------------------------------------------------------------------------------------
Any State, local, or Tribal government      562213, 92411      4953, 9511  Solid waste combustion units burning
 using a VSMWC unit as defined in the                                       municipal waste collected from the
 regulation.                                                                general public and from residential,
                                                                            commercial, institutional, and
                                                                            industrial sources.
Institutions using an IWI unit as defined      922, 6111,     9223, 8211,  Correctional institutions, primary
 in the regulations.                            623, 7121            7999   and secondary schools, camps and
                                                                            national parks.
Any Federal government agency using an                928            9711  Department of Defense (labs, military
 OSWI unit as defined in the regulations.                                   bases, munition facilities).
Any college or university using an OSWI        6113, 6112      8221, 8222  Universities, colleges and community
 unit as defined in the regulations.                                        colleges.
Any church or convent using an OSWI unit             8661            8131  Churches and convents.
 as defined in the regulations.
Any civic or religious organization using            8641            8134  Civic associations and fraternal
 an OSWI unit as defined in the                                             associations.
 regulations.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 71474]]

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 
(SO<INF>2</INF>), hydrogen chloride (HCl), nitrogen oxides 
(NO<INF>X</INF>), 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, NO<INF>X</INF>, and SO<INF>2</INF>. 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

[[Page 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
------------------------------------------------------------------------
                                                         And determine
                                 You must meet these    compliance using
     For these pollutants         emission limits a     these methods b,
                                                               c
------------------------------------------------------------------------
Cd............................  18 micrograms per dry  EPA Method 29
                                 standard cubic meter
                                 ([mu]g/dscm).
CO............................  5.0 parts per million  EPA Methods 10,
                                 dry volume (ppmdv).    10A or 10B
Dioxins/Furans (total mass      33 nanograms per dry   EPA Method 23
 basis).                         standard cubic meter
                                 (ng/dscm).
HCl...........................  3.7 ppmdv............  EPA Method 26A
Pb............................  226 [mu]g/dscm.......  EPA Method 29
Hg............................  74 [mu]g/dscm........  EPA Method 29
Opacity.......................  10%..................  EPA Method 9
NOX...........................  103 ppmdv............  EPA Methods 7,
                                                        7A, 7C, 7D, or
                                                        7E d
PM............................  0.013 grains per dry   EPA Method 5 or
                                 standard cubic foot    29
                                 (gr/dscf).
SO2...........................  3.1 ppmdv............  EPA Method 6 or
                                                        6C e
------------------------------------------------------------------------
a All emission limits (except opacity) are measured at 7 percent oxygen,
  dry basis at standard conditions.
b These methods are in 40 CFR part 60, appendix A.

[[Page 71476]]

 
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.
d ASME PTC 19-10-1981--Part 10 is an acceptable alternative to only
  Methods 7 and 7C.
e ASME 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
----------------------------------------------------------------------------------------------------------------
                                          You must establish these       And monitor continuously using these
    For these operating parameters            operating limits                      recording times
----------------------------------------------------------------------------------------------------------------
Charge rate..........................  Maximum charge rate..........  Every hour
Pressure drop across the wet           Minimum pressure drop or       Every 15 minutes
 scrubber, or amperage to the wet       amperage.
 scrubber.
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):
    <bullet> Submit a report that evaluates site-specific 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:
    <bullet> 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:
    <bullet> 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:
    <bullet> Conduct initial performance tests for Cd, CO, dioxins/
furans, HCl, Pb, Hg, NO<INF>X</INF>, opacity, PM, and SO<INF>2</INF> 
and establish operating limits (i.e., maximum or minimum values for 
operating parameters).
    <bullet> 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:
    <bullet> Continuously monitor CO emissions.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> Submit the results of the initial performance tests and 
all subsequent performance tests and values for the operating 
parameters.
    <bullet> Submit annual compliance reports and semiannual reports of 
any deviations from the emission limits, operating limits, or other 
requirements.
    <bullet> 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:
    <bullet> 100 percent wood wastes,
    <bullet> 100 percent clean lumber,
    <bullet> 100 percent yard waste, or
    <bullet> 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

[[Page 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

[[Page 71478]]

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 non-
combustible 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

[[Page 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

[[Page 71480]]

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.
---------------------------------------------------------------------------

    \1\ Other 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.
---------------------------------------------------------------------------

    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

[[Page 71481]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \3\ These units are often referred to as incinerators with waste 
heat recovery units or incinerators with waste heat boilers.
---------------------------------------------------------------------------

    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 three-quarters 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

[[Page 71482]]

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.

[[Page 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 temporary-use 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, NO<INF>X</INF>, PM, and 
SO<INF>2</INF>.

[[Page 71484]]

    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 
non-volatile 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[deg] to 400 [deg]C (480[deg] to 750 [deg]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 SO<INF>2</INF> 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 SO<INF>2</INF> and HCl, such as 
wet scrubbing, also remove emissions of any other acid gases. The 
SO<INF>2</INF> 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 [mu]g/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 tetra-through octa-chlorinated dibenzo-p-
dioxin and dibenzofuran and summing them. For CO, HC1, NO<INF>X</INF>, 
and SO<INF>2</INF>, 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 (beyond-the-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,

[[Page 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 
two-chamber 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
------------------------------------------------------------------------
                                                               Emission
          Pollutant  (concentration units @ 7% O2)              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 ([mu]g/dscm)............................................       74
Cd ([mu]g/dscm)............................................       18
Pb ([mu]g/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
------------------------------------------------------------------------
                                                               Emission
          Pollutant  (concentration units @ 7% O2)              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 ([mu]g/dscm)............................................       74
Cd ([mu]g/dscm)............................................       18
Pb ([mu]g/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

[[Page 71486]]

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

[[Page 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
------------------------------------------------------------------------
                                                               Emission
          Pollutant  (concentration units @ 7% O2)              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 ([mu]g/dscm)............................................      500
Cd ([mu]g/dscm)............................................      310
Pb ([mu]g/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 well-
operated, 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, two-chamber 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 
beyond-the-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-the-Floor Regulatory
      Options for the Existing VSMWC and IWI Subcategories of OSWI
------------------------------------------------------------------------
                                                               Emission
                                                    MACT        limit
    Pollutant  (concentration units @ 7% O2)        floor      based on
                                                  emission       wet
                                                    limit      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 ([mu]g/dscm)................................       500         74
Cd ([mu]g/dscm)................................       310         18
Pb ([mu]g/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

[[Page 71488]]

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-the-floor 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

[[Page 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, NO<INF>X</INF>, PM, and SO<INF>2</INF>), 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 State-
approved training and qualification programs. Where there are no State-
approved 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

[[Page 71490]]

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 site-specific basis, to the maximum extent practicable, potential 
risks to public health or the environment. In considering such 
alternatives, you may consider costs, energy impacts, non-air 
environmental impacts, or any other factors related to the 
practicability of the alternatives. 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
----------------------------------------------------------------------------------------------------------------
                                                   Emission reduction for OSWI model plants (tpy)
            Pollutant             ------------------------------------------------------------------------------
                                     1 tpd  capacity   5 tpd 15  capacity   15 tpd  capacity    30 tpd  capacity
----------------------------------------------------------------------------------------------------------------
Cd...............................  3.8x10-41           1.9x10-31           5.7x10-31           1.1x10-21
CO...............................  9.0x10-21           0.4                 1.0                 2.0
Dioxins/furans...................  3.6x10-71           1.7x10-61           5.2x10-61           1.0x10-51
HCl..............................  1.0                 4.9                 15                  29
Pb...............................  9.7x10-31           2.9x10-21           7.6x10-21 0.2
Hg...............................  4.0x10-41           2.7x10-31           8.2x10-31           1.6x10-21
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

[[Page 71491]]

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
----------------------------------------------------------------------------------------------------------------
                                                                Emission reduction (tpy)
               Pollutant               -------------------------------------------------------------------------
                                                 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 
site-specific 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

[[Page 71492]]

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.
---------------------------------------------------------------------------

    \4\ EPA 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.
---------------------------------------------------------------------------

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 <a href="/cdn-cgi/l/email-protection#fb9a8e9982d5888e889a95bb9e8b9ad59c948d"><span class="__cf_email__" data-cfemail="89e8fcebf0a7fafcfae8e7c9ecf9e8a7eee6ff">[email protected]</span></a>, 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.

----------------------------------------------------------------------------------------------------------------
                                                   Average                                              Total
                Affected entity                     annual       Labor       Capital     O&M  costs     annual
                                                    hours        costs        costs                     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

[[Page 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

[[Page 71494]]

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.

[[Page 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, NO<INF>X</INF>, and SO<INF>2</INF> 
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:


Sec.  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

[[Page 71496]]

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


Sec.  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.


Sec.  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 Sec. Sec.  60.2894 and 60.2895). Other 
requirements such as the emission limitations and operating limits 
apply when the OSWI unit begins operation.

Applicability


Sec.  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 
Sec.  60.2886.
    (b) Your incineration unit is an OSWI unit as defined in Sec.  
60.2977. Other solid waste incineration units are very small municipal 
waste combustion units and institutional waste incineration units as 
defined in Sec.  60.2977.
    (c) Your incineration unit is not excluded under Sec.  60.2887.


Sec.  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.


Sec.  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.

[[Page 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 Sec.  60.2977.
    (h) Rural institutional waste incinerators. Your incineration unit 
is excluded if it is an institutional waste incinerator, as defined in 
Sec.  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 Sec.  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 
Sec.  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.


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

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are 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 Sec. Sec.  60.2970 through 60.2974 and the title V 
operating permit requirements of Sec. Sec.  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.


Sec.  60.2889  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If 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 Sec.  60.2916 
and Table 2 of this subpart.
    (2) Approval of petitions for specific operating limits in Sec.  
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 Sec.  60.2911(c)(2).


Sec.  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.


Sec.  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


Sec.  60.2894  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you commence construction 
of an

[[Page 71498]]

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.


Sec.  60.2895  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, you may consider costs, 
energy impacts, 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 Sec.  60.2952(c) prior to commencing 
construction.

Waste Management Plan


Sec.  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.


Sec.  60.2900  When must I submit my waste management plan?

    You must submit a waste management plan prior to commencing 
construction.


Sec.  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


Sec.  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 Sec.  60.2911.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 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.


Sec.  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.


Sec.  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 Sec.  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 Sec.  60.2905(c)(2).


Sec.  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.


Sec.  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 Sec.  60.2908.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2907(a).

[[Page 71499]]

Sec.  60.2910  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the 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 Sec. Sec.  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 Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec.  60.2908 or Sec.  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.


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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


Sec.  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.


Sec.  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

[[Page 71500]]

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 
SO<INF>2</INF> 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.


Sec.  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 Sec.  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.


Sec.  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


Sec.  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 Sec.  60.2975.


Sec.  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


Sec.  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 
Sec.  60.8, to determine compliance with the emission limitations in 
Table 1 of this subpart and to establish operating limits using the 
procedure in Sec.  60.2916 or Sec.  60.2917. The initial performance 
test must be conducted using the test methods listed in Table 1 of this 
subpart and the procedures in Sec.  60.2922.


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

    The initial performance test must be conducted within 60 days after 
your OSWI unit reaches the charge rate at which it will operate, but no 
later than 180 days after its initial startup.

Continuous Compliance Requirements


Sec.  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 Sec.  60.2922.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Three-hour 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 Sec.  60.2916 or established under Sec.  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 Sec.  60.2917. Operating limits do not apply during performance 
tests.


Sec.  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.


Sec.  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.


Sec.  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

[[Page 71501]]

Administrator may request a repeat performance test at any time.

Monitoring


Sec.  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 Sec.  60.13.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  60.2943  How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.2975 to calculate emissions at 7 
percent oxygen.
    (b) Use Equation 2 in Sec.  60.2975 to calculate the 3-hour rolling 
averages for concentrations of carbon monoxide.


Sec.  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 Sec.  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 Sec.  
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 Sec.  60.2917.


Sec.  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


Sec.  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:

[[Page 71502]]

    (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 Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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 Sec. Sec.  60.2894 and 60.2895.
    (k) Records showing the names of OSWI unit operators who have 
completed review of the information in Sec.  60.2910(a) as required by 
Sec.  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 Sec.  60.2905, met 
the criteria for qualification under Sec.  60.2907, and maintained or 
renewed their qualification under Sec.  60.2908 or Sec.  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 Sec.  60.2910(a).


Sec.  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.


Sec.  60.2951  What reports must I submit?

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


Sec.  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 Sec.  60.2895.
    (d) The waste management plan as specified in Sec. Sec.  60.2899 
through 60.2901.
    (e) Anticipated date of initial startup.


Sec.  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 site-specific operating limits 
under Sec.  60.2917.
    (e) The anticipated date of initial startup.


Sec.  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 Sec.  60.2927, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  60.2916 or Sec.  60.2917.


Sec.  60.2955  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.2954. You must submit 
subsequent reports no more than 12 months following the previous 
report.


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

    The annual report required under Sec.  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 Sec. Sec.  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).

[[Page 71503]]

    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  60.2916 or Sec.  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 Sec.  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 Sec.  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 Sec.  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.


Sec.  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).


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

    In each report required under Sec.  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.


Sec.  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 Sec.  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.


Sec.  60.2960  Are there any other notifications or reports that I must 
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.


Sec.  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.


Sec.  60.2962  Can reporting dates be changed?

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

Title V Operating Permits


Sec.  60.2966  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 Sec.  60.2887.


Sec.  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

[[Page 71504]]

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


Sec.  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


Sec.  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 Sec.  60.2970 through Sec.  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.


Sec.  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.


Sec.  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 Sec.  60.8.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


Sec.  60.2973  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

[[Page 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.


Sec.  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 Sec. Sec.  60.2966 and 60.2967.

Equations


Sec.  60.2975  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 
percent oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP09DE04.000


Where:

C<INF>adj</INF> = pollutant concentration adjusted to 7 percent oxygen
C<INF>meas</INF> = 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
%O<INF>2</INF> = 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 
refuse-derived 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 (E<INF>h</INF>) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (E<INF>a</INF>) for each 
3-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TP09DE04.001


Where:

E<INF>a</INF> = Average carbon monoxide pollutant rate for the 3-hour 
period, ppm corrected to 7 percent O<INF>2</INF>.
E<INF>hj</INF> = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O<INF>2</INF>.

Definitions


Sec.  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:

[[Page 71506]]

    (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 kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    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 Sec.  60.2885, or an owner or operator of such a 
source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, 
operating limit, or operator qualification and accessibility 
requirements;
    (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 Sec.  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 Sec.  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 Sec.  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, field-erected, 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 Sec.  
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

[[Page 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[deg]F (20[deg]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 Sec.  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 Sec.  60.2915, you must comply with the following:

                            Table 1 to Subpart EEEE of Part 60.--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  5.0 parts per million    3-run average hour       Method 10, 10A, or 10B
                                        by dry volume.           minimum sample time      of appendix A of this
                                                                 per run during           part.
                                                                 performance test, and
                                                                 3- hour rolling
                                                                 averages measured
                                                                 using continuous
                                                                 emissions monitoring
                                                                 system)\b\.
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average hour       Method 23 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
4. Hydrogen chloride.................  3.7 parts per million    3-run average (1 hour    Method 26A of appendix
                                        by dry volume.           minimum sample time      A of this part.
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-run average (1 hour    Method 9 of appendix A
                                                                 minimum sample time      of this part.
                                                                 per run).

[[Page 71508]]

 
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part. ASME PTC 19-
                                                                                          10- 1981--Part 10 is
                                                                                          an acceptable
                                                                                          alternative to Methods
                                                                                          7 and 7C only (IBR,
                                                                                          see Sec.   60.17(h)).
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6c of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part. ASME PTC 19-10-
                                                                                          1981--Part 10 is an
                                                                                          acceptable alternative
                                                                                          to Method 6 only (IBR,
                                                                                          see Sec.   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 Sec.  60.2916, you must comply with the following:

            Table 2 to Subpart EEEE of Part 60.--Operating Limits for Incinerators and Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                      You must             And monitoring using these minimum frequencies
 For these operating parameters   establish these  -------------------------------------------------------------
                                  operating limits   Data measurement    Data recording       Averaging time
----------------------------------------------------------------------------------------------------------------
1. Charge rate.................  Maximum charge     Continuous.......  Every hour.......  Daily for batch units.
                                  rate.                                                    3-hour rolling for
                                                                                           continuous and
                                                                                           intermittent units
                                                                                           \a\.
2. Pressure drop across the wet  Minimum pressure   Continuous.......  Every 15 minutes.  3-hour rolling \a\.
 scrubber or amperage to wet      drop or amperage.
 scrubber.
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 Sec.  60.2951, you must comply with the following:

       Table 3 to Subpart EEEE of Part 60.--Requirements for Continuous Emission Monitoring Systems (CEMS)
----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
     For the following pollutants       Use the following span   specifications (P.S.)     following alternate
                                         values for your CEMS    in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide...................  125 percent of the       P.S.4A.................  Method 10.
                                        maximum hourly
                                        potential carbon
                                        monoxide emissions of
                                        the waste combustion
                                        unit.
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 Sec.
                                                                                            60.17(h)).
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  60.2940, you must comply with the following:

[[Page 71509]]



                     Table 4 to Subpart EEEE of Part 60--Summary of Reporting Requirementsa
----------------------------------------------------------------------------------------------------------------
             Report                     Due date                      Contents                     Reference
----------------------------------------------------------------------------------------------------------------
1. Preconstruciton report.......  a. Prior to          i. Statement of intent to construct;   Sec.   60.2952.
                                   commencing          ii. Anticipated date of commencement   Sec.   60.2952.
                                   construction.        of construction;
                                  ...................  iii. Documentation for siting          Sec.   60.2952.
                                                        requirements;
                                                       iv. Waste management plan; and         Sec.   60.2952.
                                                       v. Anticipated date of initial         Sec.   60.2952.
                                                        startup
---------------------------------
2. Startup notification.........  a. Prior to initial  i. Types of waste to be burned;        Sec.   60.2953.
                                   startup.
                                                       ii. Maximum design waste burning       60.2953.
                                                        capacity;
                                                       iii. Anticipated maximum charge rate;  Sec.   60.2953.
                                                       iv. If applicable, the petition for    Sec.   60.2953.
                                                        site-specific operating limits; and
                                                       v. Anticipated date of initial         Sec.   60.2953.
                                                        startup
---------------------------------
3. Initial test report..........  a. No later than 60  i. Complete test report for the        Sec.   60.2954.
                                   days following the   initial performance test; and         Sec.   60.2954.
                                   initial             ii. The values for the site-specific
                                   performance test     operating limits
4. Annual report................  a. No later than 12  i. Company Name and address;           Sec.  Sec.
                                   months following    ii. Statement and signature by the      60.2955 and
                                   the submission of    owner or operator;                     60.2956.
                                   the initial test    iii. Date of report;                   Sec.  Sec.
                                   report. Subsequent  iv. Values for the operating limits;    60.2955 and
                                   reports are to be   v. If no deviations or malfunctions     60.2956.
                                   submitted no more    were reported, a statement that no    Sec.  Sec.
                                   than 12 months       deviations occurred during the         60.2955 and
                                   following the        reporting period;                      60.2956.
                                   previous report.    vi. Highest recorded 3-hour average    Sec.  Sec.
                                                        and the lowest 3-hour average, as      60.2955 and
                                                        applicable, for each operating         60.2956.
                                                        parameter recorded for the calendar   Sec.  Sec.
                                                        year being reported;                   60.2955 and
                                                                                               60.2956.
                                                                                              Sec.  Sec.
                                                                                               60.2955 and
                                                                                               60.2956.
                                  ...................  vii. Information for deviations or     Sec.  Sec.
                                                        malfunctions recorded under Sec.       60.2955 and
                                                        60.2949(b)(6) and (c) through (e);     60.2956.
                                                       viii. If a performance test was        Sec.  Sec.
                                                        conducted during the reporting         60.2955 and
                                                        period, the results of the test;       60.2956.
                                                       ix. If a performance test was not      Sec.  Sec.
                                                        conducted during the reporting         60.2955 and
                                                        period, a statement that the           60.2956.
                                                        requirements of Sec.   60.2934(a) or
                                                        (b) were met; and
                                                       x. Documentation of periods when all   Sec.  Sec.
                                                        qualified OSWI unit operators were     60.2955 and
                                                        unavailable for more than 12 hours     60.2956.
                                                        but less than 2 weeks
---------------------------------
5. Emission limitation or         a. By August 1 of    i. Dates and times of deviation;       Sec.  Sec.
 operating limit deviation         that year for data  ii. Averaged and recorded data for      60.2957 and
 report.                           collected during     those dates;                           60.2958.
                                   the first half of   iii. Duration and causes of each       Sec.  Sec.
                                   the calendar year.   deviation and the corrective actions   60.2957 and
                                   By February 1 of     taken;                                 60.2958.
                                   the following year  iv. Copy of operating limit            Sec.  Sec.
                                   for data collected   monitoring data and any test           60.2957 and
                                   during the second    reports;                               60.2958.
                                   half of the                                                Sec.  Sec.
                                   calendar year.                                              60.2957 and
                                                                                               60.2958.
                                                       v. Dates, times, and causes for        Sec.  Sec.
                                                        monitor downtime incidents;            60.2957 and
                                                                                               60.2958.
                                                       vi. Whether each deviation occurred    Sec.  Sec.
                                                        during a period of startup,            60.2957 and
                                                        shutdown, or malfunction; and          60.2958.
                                                       vii. Dates, times, and durations of    Sec.  Sec.
                                                        any bypass of the control device       60.2957 and
                                                                                               60.2958.
---------------------------------
6. Qualified operator deviation   a. Within 10 days    i. Statement of cause of deviation     Sec.
 notification.                     of deviation.       ii. Description of efforts to have an   60.2959(a)(1).
                                                        accessible qualified operator; and    Sec.
                                                                                               60.2959(a)(1).
                                                       iii. The date a qualified operator     Sec.
                                                        will be accessible                     60.2959(a)(1).
---------------------------------
7. Qualified operation deviation  a. Every 4 weeks     i. Description of efforts to to have   Sec.
 status report.                    following            an accessible qualified operator;      60.2959(a)(2).
                                   deviation.          ii. The date a qualified operator      Sec.
                                                        will be accessible; and                60.2959(a)(2).
                                                       iii. Request to continue operation     Sec.
                                                                                               60.2959(a)(2).
---------------------------------
8. Qualified operator deviation   a. Prior to          i. Notification that you are resuming  Sec.   60.2959(b).
 notification of resumed           resuming operation.  operation
 operation.
----------------------------------------------------------------------------------------------------------------
a This table is only a summary, see the referenced sections of the rule for the complete requirements.


[[Page 71510]]

    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

[[Page 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 <SUP>a</SUP>

Introduction


Sec.  60.2980  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from other solid waste 
incineration (OSWI) units. The pollutants addressed by these emission 
guidelines are listed in 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.


Sec.  60.2981  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
State or United States protectorate with one or more existing 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].


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

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


Sec.  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.


Sec.  60.2984  Is there an approval process for my State plan?

    Yes, the EPA will review your State plan according to Sec.  60.27.


Sec.  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 Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  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 Sec.  60.21(h)(5). This 
applies instead of the requirement of Sec.  60.24(e)(1).


Sec.  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

[[Page 71512]]

Sec.  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


Sec.  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 Sec.  60.2992.
    (b) The incineration unit is an OSWI unit as defined in Sec.  
60.3078. OSWI units are very small municipal waste combustion units and 
institutional waste incineration units as defined in Sec.  60.3078.
    (c) The incineration unit is not excluded under Sec.  60.2993.


Sec.  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.


Sec.  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 Sec.  60.3078.
    (h) Rural institutional waste incinerators. The incineration unit 
is excluded if it is an institutional waste incinerator, as defined in 
Sec.  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 Sec.  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 
Sec.  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

[[Page 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.


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

    (a) Air curtain incinerators that burn less than 35 tons per day of 
municipal solid waste or air curtain incinerators located at 
institutional facilities burning any amount of institutional waste 
generated at that facility are 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 Sec. Sec.  60.3062 through 60.3069 and the title V 
operating permit requirements in Sec. Sec.  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


Sec.  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 Sec. Sec.  60.3000 to 60.3078, ``you'' 
means the owner or operator of an OSWI unit.


Sec.  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 Sec.  60.2983(a)(4) and (5).


Sec.  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


Sec.  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.


Sec.  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.


Sec.  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


Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 Sec.  60.3020.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the 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.

[[Page 71514]]

    (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.


Sec.  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.


Sec.  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 Sec.  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 Sec.  60.3014(c)(2).


Sec.  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.


Sec.  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 Sec.  60.3017.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.3016(a).


Sec.  60.3019  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all OSWI unit operators that addresses the 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 Sec. Sec.  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 Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec.  60.3017 or Sec.  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.


Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 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 Sec.  
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


Sec.  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.


Sec.  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 
SO<INF>2</INF> 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.


Sec.  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 Sec.  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.


Sec.  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


Sec.  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 Sec.  60.3076.


Sec.  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


Sec.  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 
Sec.  60.8, to determine compliance with the emission limitations in 
Table 2 of this subpart and to establish operating limits using the 
procedure in Sec.  60.3023 or Sec.  60.3024. The initial performance 
test must be conducted using the test methods listed in Table 2 of this 
subpart and the procedures in Sec.  60.3027.


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

    The initial performance test must be conducted no later than 180 
days after your final compliance date. Your final compliance date is 
specified in Table 1 of this subpart.

[[Page 71516]]

Model Rule--Continuous Compliance Requirements


Sec.  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 Sec.  60.3027.
    (b) You must continuously monitor carbon monoxide emissions to 
determine compliance with the carbon monoxide emissions limitation. 
Three-hour 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 Sec.  60.3023 or established under Sec.  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 Sec.  60.3024. Operating limits do not apply during performance 
tests.


Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 Sec.  60.13.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  60.3042  How do I convert my 1-hour arithmetic averages into the 
appropriate averaging times and units?

    (a) Use Equation 1 in Sec.  60.3076 to calculate emissions at 7 
percent oxygen.

[[Page 71517]]

    (b) Use Equation 2 in Sec.  60.3076 to calculate the 3-hour rolling 
averages for concentrations of carbon monoxide.


Sec.  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 Sec.  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 Sec.  
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 Sec.  60.3024.


Sec.  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


Sec.  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 Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  60.3019(a) as required by 
Sec.  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 Sec.  60.3014, met 
the criteria for qualification under Sec.  60.3016, and maintained or 
renewed their qualification under Sec.  60.3017 or Sec.  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 Sec.  60.3019(a).


Sec.  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.

[[Page 71518]]

    (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.


Sec.  60.3048  What reports must I submit?

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


Sec.  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 Sec.  60.3030, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  60.3023 or Sec.  60.3024.
    (c) The waste management plan, as specified in Sec. Sec.  60.3010 
through 60.3012.


Sec.  60.3050  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  60.3049. You must submit 
subsequent reports no more than 12 months following the previous 
report.


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

    The annual report required under Sec.  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 Sec. Sec.  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 
Sec.  60.3023 or Sec.  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 Sec.  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 Sec.  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 Sec.  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.


Sec.  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).


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

    In each report required under Sec.  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.


Sec.  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 Sec.  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.


Sec.  60.3055  Are there any other notifications or reports that I must 
submit?

    Yes, you must submit notifications as provided by Sec.  60.7.


Sec.  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.


Sec.  60.3057  Can reporting dates be changed?

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

[[Page 71519]]

Model Rule--Title V Operating Permits


Sec.  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 Sec.  60.2993.


Sec.  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


Sec.  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


Sec.  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 Sec. Sec.  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.


Sec.  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

[[Page 71520]]

after the final compliance date in Table 1 of this subpart.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  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.


Sec.  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.


Sec.  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 Sec. Sec.  60.3059 and 60.3060.

Model Rule--Equations


Sec.  60.3076  What equations must I use?

    (a) Percent oxygen. Adjust all pollutant concentrations to 7 
percent oxygen using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP09DE04.002


Where:

C<INF>adj</INF> = pollutant concentration adjusted to 7 percent oxygen.
C<INF>meas</INF> = 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.
%O<INF>2</INF> = 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 
refuse-derived 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 (E<INF>h</INF>) are obtained (e.g., CEMS values), compute the 
rolling average carbon monoxide pollutant rate (E<INF>a</INF>) for each 
3-hour period using the following equation:
[GRAPHIC] [TIFF OMITTED] TP09DE04.003


Where:

E<INF>a</INF> = Average carbon monoxide pollutant rate for the 3-hour 
period, ppm corrected to 7 percent O<INF>2</INF>.
E<INF>hj</INF> = Hourly arithmetic average pollutant rate for hour 
``j,'' ppm corrected to 7 percent O<INF>2</INF>.

Model Rule--Definitions


Sec.  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.

[[Page 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 kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    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 Sec.  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 Sec.  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 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 Sec.  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,

[[Page 71522]]

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 Sec.  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, field-erected, 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 Sec.  
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 [deg]F (20 [deg]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 Sec.  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

[[Page 71523]]

private or public lands. Yard waste does not include two items:
    (1) Construction, renovation, and demolition wastes.
    (2) Clean lumber.
    As stated in Sec.  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
------------------------------------------------------------------------
a Site-specific schedules can be used at the discretion of the State.
b Final compliance means that you complete all process changes and
  retrofit of control devices so that, when the affected OSWI unit is
  brought on line, all process changes and air pollution control devices
  necessary to meet the emission limitations operate as designed.
c The date can be no later than 3 years after the effective date of
  State plan approval or 5 years after [DATE THE FINAL RULE IS PUBLISHED
  IN THE Federal Register], whichever is earlier.

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

                      Table 2 to Subpart FFFF of Part 60.--Model Rule--Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission limitation a             time                    method
----------------------------------------------------------------------------------------------------------------
1. Cadmium...........................  18 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
2. Carbon monoxide...................  5.0 parts per million    3-run average (1 hour    Method 10, 10A, or 10B
                                        by dry volume.           minimum sample time      of appendix A of this
                                                                 per run during           part.
                                                                 performance test, and
                                                                 3-hour rolling
                                                                 averages mesured using
                                                                 continuous emissions
                                                                 monitoring system) b.
3. Dioxins/furans (total basis)......  33 nanograms per dry     3-run average (1 hour    Method 23 of appendix A
                                        standard cubic meter.    minimum sample time      of this part.
                                                                 per run).
4. Hydrogen chloride.................  3.7 parts per million    3-run average (1 hour    Method 26A of appendix
                                        by dry volume.           minimum sample time      A of this part
                                                                 per run).
5. Lead..............................  226 micrograms per dry   3-run average (1 hour    method 29 of appendix A
                                        standard cubmic meter.   minimum sample time      of this part.
                                                                 per run).
6. Mercury...........................  74 micrograms per dry    3-run average (1 hour    Method 29 of appendix A
                                        standard cubmic meter.   minimum sample time      of this part.
                                                                 per run).
7. Opacity...........................  10 percent.............  6-run average (1 hour    Method 9 of appendix A
                                                                 minimum sample time      of this part.
                                                                 per run).
8. Oxides of nitrogen................  103 parts per million    3-run average (1 hour    Method 7, 7A, 7C, 7D,
                                        by dry volume.           minimum sample time      or 7E of appendix A of
                                                                 per run).                this part. ASME PTC 19-
                                                                                          10-1981-Part 10 is an
                                                                                          acceptable alternative
                                                                                          to Method 7 and 7C
                                                                                          only (IBR, see Sec.
                                                                                          60.17(h)).
9. Particulate matter................  0.013 grains per dry     3-run average (1 hour    Method 5 or 29 of
                                        standard cubic foot.     minimum sample time      appendix A of this
                                                                 per run).                part.
10. Sulfur dioxide...................  3.1 parts per million    3-run average (1 hour    Method 6 or 6C of
                                        by dry volume.           minimum sample time      appendix A of this
                                                                 per run).                part, ASME PTC 19-10-
                                                                                          1981-Part 10 is an
                                                                                          acceptable alternative
                                                                                          to Method 6 only (IBR,
                                                                                          see Sec.   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 Sec.  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
----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating parameters     these operating  -----------------------------------------------------------
                                        limits         Date  measurement    Data  recording     Averaging  Time
----------------------------------------------------------------------------------------------------------------
1. Charge rate..................  Maximum charge      Continuous........  Every hour........  Daily for batch
                                   rate.                                                       units. 3-hour
                                                                                               rolling for
                                                                                               continuous and
                                                                                               intermittent
                                                                                               units.a
2. Pressure drop across the wet   Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling.a
 scrubber or amperage to wet       drop or amperage.
 scrubber.
3. Scrubber liquor flow rate....  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling.a

[[Page 71524]]

 
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 Sec.  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)
----------------------------------------------------------------------------------------------------------------
                                                                                            If needed to meet
                                                                   Use the following           minimum data
                                                                      performance         requirements, use the
    For the following pollutants       Use the following span    specifications (P.S.)     following alternate
                                        values for your CEMS     in appendix B of this    methods in appendix A
                                                                   part for your CEMS    of this part to collect
                                                                                                   data
----------------------------------------------------------------------------------------------------------------
1. Carbon Monoxide..................  125 percent of the        P.S.4A.................  Method 10.
                                       maximum hourly
                                       potential carbon
                                       monoxide emissions of
                                       the waste combustion
                                       unit.
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 Sec.
                                                                                            60.17(h)).
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  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      i. Complete test report  Sec.   60.3049.
                                        days following the the   for initial
                                        initial performance      performance test; and
                                        test.
                                                                ii. The values for the   Sec.   60.3049.
                                                                 site-specific
                                                                 operating limits.
2. Waste management plan.............  a. No later than 60      i. Reduction or          Sec.  Sec.   60.3010
                                        days following the       separation of            through 60.3012.
                                        initial performance      recyclable materials;
                                        test.                    and.
                                                                ii. Identification of    Sec.  Sec.   60.3010
                                                                 additional waste         through 60.3012.
                                                                 management measures
                                                                 and how they will be
                                                                 implemented.
3. Annual report.....................  a. No later than 12      i. Company Name and....  Sec.  Sec.   60.3050
                                        months following the                              and 60.3051.
                                        submission of the
                                        initial test report.
                                        Subsequent reports are
                                        to be submitted no
                                        more than 12 months
                                        following the previous
                                        report.
                                                                ii. Statement and        Sec.  Sec.   60.3050
                                                                 signature by the owner   and 60.3051.
                                                                 or operator;.
                                                                iii. Date of report;...  Sec.  Sec.   60.3050
                                                                                          and 60.3051.
                                                                iv. Values for the       Sec.  Sec.   60.3050
                                                                 operating limits;.       and 60.3051.
                                                                v. If no deviations or   Sec.  Sec.   60.3050
                                                                 malfunctions were        and 60.3051.
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period;.
                                                                vi. Highest recorded 3-  Sec.  Sec.   60.3050
                                                                 hour average and the     and 60.3051.
                                                                 lowest 3-hour average,
                                                                 as applicable, for
                                                                 each operating
                                                                 parameter recorded for
                                                                 the calendar year
                                                                 being reported;.
                                                                vii. Information for     Sec.  Sec.   60.3050
                                                                 deviations or            and 60.3051.
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 60.2949(b)(6) and (c)
                                                                 through (e);.

[[Page 71525]]

 
                                                                viii. If a performance   Sec.  Sec.   60.3050
                                                                 test was conducted       and 60.3051.
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test;.
                                                                ix. If a performance     Sec.  Sec.   60.3050
                                                                 test was not conducted   and 60.3051.
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   60.2934(a)
                                                                 or (b) were met; and.
                                                                x. Documentation of      Sec.  Sec.   60.3050
                                                                 periods when all         and 60.3051.
                                                                 qualified OSWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 12 hours but less
                                                                 than 2 weeks.
4. Emission limitation or operating    b. By August 1 of that   i. Dates and times of    Sec.  Sec.   60.3052
 limit deviation report.                year for data            deviation;.              and 60.3053.
                                        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.
                                                                ii. Averaged and         Sec.  Sec.   60.3052
                                                                 recorded data for        and 60.3053.
                                                                 those dates;.
                                                                iii. Duration and        Sec.  Sec.   60.3052
                                                                 causes of each           and 60.3053.
                                                                 deviation and the
                                                                 corrective actions
                                                                 taken.
                                                                iv. Copy of operating    Sec.  Sec.   60.3052
                                                                 limit monitoring data    and 60.3053.
                                                                 and any test reports;.
                                                                v. Dates, times, and     Sec.  Sec.   60.3052
                                                                 causes for monitor       and 60.3053.
                                                                 downtime incidents;
                                                                 and
                                                                vi. Whether each         Sec.  Sec.   60.3052
                                                                 deviation occurred       and 60.3053.
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction Sec.  Sec.
                                                                   60.3052 and 60.3053.
5. Qualified operator deviation        a. Within 10 days of     i. Statement of cause    Sec.   60.3054(a)(1)
 notification.                          deviation.               of deviation;.
                                                                ii. Description of       Sec.   60.3054(a)(1)
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator; and.
                                                                iii. The date a          Sec.   60.3054(a)(1)
                                                                 qualified operator
                                                                 will be accessible.
6. Qualified operation deviation       a. Every 4 weeks         i. Description of        Sec.   60.3054(a)(2)
 status report.                         following deviation.     efforts to have an
                                                                 accessible qualified
                                                                 operator;.
                                                                ii. The date a           Sec.   60.3054(a)(2)
                                                                 qualified operator
                                                                 will be accessible;
                                                                 and.
                                                                iii. Request to          Sec.   60.3054(a)(2)
                                                                 continue operation.
7. Qualified operator deviation        a. Prior to resuming     i. Notification that     Sec.   60.3054(b).
 notification of resumed operation.     operation.               you are resuming
                                                                 operation.
----------------------------------------------------------------------------------------------------------------
\a\ This 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]
BILLING CODE 6560-50-P


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