Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53027

—Adequate public comment

—Implementation flexibility

—Allocation of grants

—And many other technical issues

We addressed the issues raised by

these four representatives to the fullest

extent possible in today’s rule. The

comments received from these

representatives are included in the

rulemaking docket, together with all

other comments received. We

highlighted and addressed some of these

comments in today’s preamble. We

responded to all comments in the

Response to Comments document,

which has been made available to the

Office of Management and Budget and

is available in the docket for today’s

rule.

Part Nine: Technical Amendments to

Previous Regulations

I. Changes to the June 19, 1998 ‘‘FastTrack’’ Rule

A. Permit Streamlining Section

Today’s regulations correct a

typographical error to § 270.42

Appendix I entry L(9) promulgated in

the Fast-track rule. Entry L(9)

incorrectly cited § 270.42(i), whereas

today’s regulations correctly amends

entry L(9) to cite § 270.42(j).

B. Comparable Fuels Section

In the June 19th rule, we explained

that our methodology for identifying the

comparable fuels specifications was to

select the highest benchmark fuel value

in our data base for each constituent

(see 63 FR at 33786). However, the

results reported in the final rule—Table

1 to § 261.38—do not consistently

follow our methodology. In several

instances, the highest value was not

presented in the table, as pointed out by

commenters to the final rule. Therefore,

in today’s rule, we are amending the

comparable fuels portion of the Fasttrack rule to make necessary conforming

changes to the comparable fuels

specifications as listed in Table 1 of

§ 261.38—Detection and Detection Limit

Values for Comparable Fuel

Specifications. Please see the USEPA,

‘‘Final Technical Support Document for

HWC MACT Standards, Volume 4’’ July

1999, for a detailed discussion of the

changes to Table 1.

In addition, because these are

technical corrections (i.e. corrections

where we made arithmetic or other

inadvertent mistakes in applying our

stated methodology for calculating the

comparative fuel levels) we find that

giving notice and opportunity for public

comment is unnecessary within the

meaning of 5 U.S.C. 553 (b) (B). In fact,

the errors were brought to our attention

by an entity that applied the stated

methodology and derived the correct

values which we are restoring in this

amendment. (We did, however, provide

actual notice of these intended

corrections to entities we believed most

interested in the issue, so that these

entities did have an opportunity for

comment to us.) For the same reasons,

we find that there is good cause for the

rule to take effect immediately, rather

than wait 30 days. See 5 U.S.C. 553 (d)

(3). Finally, since notice and comment

is unnecessary, this correction is not a

‘‘rule’’ for purposes of the Regulatory

Flexibility Act (see 5 U.S.C. 601 (2)),

and may take effect immediately before

submission to Congress for review (see

5 U.S.C. 808 (2)).

List of Subjects

40 CFR Part 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Aluminum,

Ammonium sulfate plants, Batteries,

Beverages, Carbon monoxide, Cement

industry, Coal, Copper, Dry cleaners,

Electric power plants, Fertilizers,

Fluoride, Gasoline, Glass and glass

products, Grains, Graphic arts industry,

Heaters, Household appliances,

Insulation, Intergovernmental relations,

Iron, Labeling, Lead, Lime, Metallic and

nonmetallic mineral processing plants,

Metals, Motor vehicles, Natural gas,

Nitric acid plants, Nitrogen dioxide,

Paper and paper products industry,

Particulate matter, Paving and roofing

materials, Petroleum, Phosphate,

Plastics materials and synthetics,

Polymers, Reporting and recordkeeping

requirements, Sewage disposal, Steel,

Sulfur oxides, Sulfuric acid plants,

Tires, Urethane, Vinyl, Volatile organic

compounds, Waste treatment and

disposal, Zinc.

40 CFR Part 63

Air pollution control, Hazardous

substances, Incorporation by Reference,

Reporting and recordkeeping

requirements

40 CFR Part 260

Administrative practice and

procedure, Confidential business

information, Environmental protection,

Hazardous waste.

40 CFR Part 261

Environmental Protection Hazardous

waste, Recycling, Reporting and

recordkeeping requirements.

40 CFR Part 264

Air pollution control, Environmental

protection, Hazardous waste, Insurance,

Packaging and containers, Reporting

and recordkeeping requirements,

Security measures, Surety bonds.

40 CFR Part 265

Air pollution control, Environmental

protection, Hazardous waste, Insurance,

Packaging and containers, Reporting

and recordkeeping requirements,

Security measures, Surety bonds, Water

supply.

40 CFR Part 266

Environmental protection, Energy,

Hazardous waste, Recycling, Reporting

and recordkeeping requirements.

40 CFR Part 270

Administrative practice and

procedure, Confidential business

information, Environmental Protection

Agency, Hazardous materials

transportation, Hazardous waste,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

40 CFR Part 271

Administrative practice and

procedure, Confidential business

information, Environmental Protection

Agency, Hazardous materials

transportation, Hazardous waste,

Indians-lands, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Water

pollution control, Water supply.

Dated: July 30, 1999.

Carol M. Browner,

Administrator..

For the reasons set out in the

preamble, title 40 of the Code of Federal

Regulations is amended as follows:

PART 60—STANDARDS OF

PERFORMANCE FOR NEW

STATIONARY SOURCES

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401–7601.

2. Appendix A to part 60 is amended

by adding a new entry for ‘‘Method 5I’’

in numerical order to read as follows:

Appendix A—Test Methods

* * * * *

Method 5I—Determination of Low Level

Particulate Matter Emissions From

Stationary Sources

Note: This method does not include all of

the specifications (e.g., equipment and

supplies) and procedures (e.g., sampling and

analytical) essential to its performance.

Certain information is contained in other

EPA procedures found in this part. Therefore,

to obtain reliable results, persons using this

method should have experience with and a

thorough knowledge of the following

Methods: Methods 1, 2, 3, 4 and 5.
53028 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

1. Scope and Application.

1.1 Analyte. Particulate matter (PM). No

CAS number assigned.

1.2 Applicability. This method is

applicable for the determination of low level

particulate matter (PM) emissions from

stationary sources. The method is most

effective for total PM catches of 50 mg or less.

This method was initially developed for

performing correlation of manual PM

measurements to PM continuous emission

monitoring systems (CEMS), however it is

also useful for other low particulate

concentration applications.

1.3 Data Quality Objectives. Adherence to

the requirements of this method will enhance

the quality of the data obtained from air

pollutant sampling methods. Method 5I

requires the use of paired trains. Acceptance

criteria for the identification of data quality

outliers from the paired trains are provided

in Section 12.2 of this Method.

2. Summary of Method.

2.1. Description. The system setup and

operation is essentially identical to Method

5. Particulate is withdrawn isokinetically

from the source and collected on a 47 mm

glass fiber filter maintained at a temperature

of 120 ± 14°C (248 ± 25°F). The PM mass is

determined by gravimetric analysis after the

removal of uncombined water. Specific

measures in this procedure designed to

improve system performance at low

particulate levels include:

1. Improved sample handling procedures

2 Light weight sample filter assembly

3. Use of low residue grade acetone

Accuracy is improved through the

minimization of systemic errors associated

with sample handling and weighing

procedures. High purity reagents, all glass,

grease free, sample train components, and

light weight filter assemblies and beakers,

each contribute to the overall objective of

improved precision and accuracy at low

particulate concentrations.

2.2 Paired Trains. This method must be

performed using a paired train configuration.

These trains may be operated as co-located

trains (to trains operating collecting from one

port) or as simultaneous trains (separate

trains operating from different ports at the

same time). Procedures for calculating

precision of the paired trains are provided in

Section 12.

2.3 Detection Limit. a. Typical detection

limit for manual particulate testing is 0.5 mg.

This mass is also cited as the accepted weight

variability limit in determination of

‘‘constant weight’’ as cited in Section 8.1.2 of

this Method. EPA has performed studies to

provide guidance on minimum PM catch.

The minimum detection limit (MDL) is the

minimum concentration or amount of an

analyte that can be determined with a

specified degree of confidence to be different

from zero. We have defined the minimum or

target catch as a concentration or amount

sufficiently larger than the MDL to ensure

that the results are reliable and repeatable.

The particulate matter catch is the product of

the average particulate matter concentration

on a mass per volume basis and the volume

of gas collected by the sample train. The

tester can generally control the volume of gas

collected by increasing the sampling time or

to a lesser extent by increasing the rate at

which sample is collected. If the tester has

a reasonable estimate of the PM

concentration from the source, the tester can

ensure that the target catch is collected by

sampling the appropriate gas volume.

b. However, if the source has a very low

particulate matter concentration in the stack,

the volume of gas sampled may need to be

very large which leads to unacceptably long

sampling times. When determining

compliance with an emission limit, EPA

guidance has been that the tester does not

always have to collect the target catch.

Instead, we have suggested that the tester

sample enough stack gas, that if the source

were exactly at the level of the emission

standard, the sample catch would equal the

target catch. Thus, if at the end of the test the

catch were smaller than the target, we could

still conclude that the source is in

compliance though we might not know the

exact emission level. This volume of gas

becomes a target volume that can be

translated into a target sampling time by

assuming an average sampling rate. Because

the MDL forms the basis for our guidance on

target sampling times, EPA has conducted a

systematic laboratory study to define what is

the MDL for Method 5 and determined the

Method to have a calculated practical

quantitation limit (PQL) of 3 mg of PM and

an MDL of 1 mg.

c. Based on these results, the EPA has

concluded that for PM testing, the target

catch must be no less than 3 mg. Those

sample catches between 1 mg and 3 mg are

between the detection limit and the limit of

quantitation. If a tester uses the target catch

to estimate a target sampling time that results

in sample catches that are less than 3 mg, you

should not automatically reject the results. If

the tester calculated the target sampling time

as described above by assuming that the

source was at the level of the emission limit,

the results would still be valid for

determining that the source was in

compliance. For purposes other than

determining compliance, results should be

divided into two categories—those that fall

between 3 mg and 1 mg and those that are

below 1 mg. A sample catch between 1 and

3 mg may be used for such purposes as

calculating emission rates with the

understanding that the resulting emission

rates can have a high degree of uncertainty.

Results of less than 1 mg should not be used

for calculating emission rates or pollutant

concentrations.

d. When collecting small catches such as

3 mg, bias becomes an important issue.

Source testers must use extreme caution to

reach the PQL of 3 mg by assuring that

sampling probes are very clean (perhaps

confirmed by low blank weights) before use

in the field. They should also use low tare

weight sample containers, and establish a

well-controlled balance room to weigh the

samples.

3. Definitions.

3.1 Light Weight Filter Housing. A smaller

housing that allows the entire filtering

system to be weighed before and after sample

collection. (See. 6.1.3)

3.2 Paired Train. Sample systems trains

may be operated as co-located trains (two

sample probes attached to each other in the

same port) or as simultaneous trains (two

separate trains operating from different ports

at the same time).

4. Interferences.

a. There are numerous potential

interferents that may be encountered during

performance of Method 5I sampling and

analyses. This Method should be considered

more sensitive to the normal interferents

typically encountered during particulate

testing because of the low level

concentrations of the flue gas stream being

sampled.

b. Care must be taken to minimize field

contamination, especially to the filter

housing since the entire unit is weighed (not

just the filter media). Care must also be taken

to ensure that no sample is lost during the

sampling process (such as during port

changes, removal of the filter assemblies from

the probes, etc.).

c. Balance room conditions are a source of

concern for analysis of the low level samples.

Relative humidity, ambient temperatures

variations, air draft, vibrations and even

barometric pressure can affect consistent

reproducible measurements of the sample

media. Ideally, the same analyst who

performs the tare weights should perform the

final weights to minimize the effects of

procedural differences specific to the

analysts.

d. Attention must also be provided to

weighing artifacts caused by electrostatic

charges which may have to be discharged or

neutralized prior to sample analysis. Static

charge can affect consistent and reliable

gravimetric readings in low humidity

environments. Method 5I recommends a

relative humidity of less than 50 percent in

the weighing room environment used for

sample analyses. However, lower humidity

may be encountered or required to address

sample precision problems. Low humidity

conditions can increase the effects of static

charge.

e. Other interferences associated with

typical Method 5 testing (sulfates, acid gases,

etc.) are also applicable to Method 5I.

5. Safety.

Disclaimer. This method may involve

hazardous materials, operations, and

equipment. This test method may not address

all of the safety concerns associated with its

use. It is the responsibility of the user to

establish appropriate safety and health

practices and to determine the applicability

and observe all regulatory limitations before

using this method.

6. Equipment and Supplies.

6.1 Sample Collection Equipment and

Supplies. The sample train is nearly identical

in configuration to the train depicted in

Figure 5–1 of Method 5. The primary

difference in the sample trains is the

lightweight Method 5I filter assembly that

attaches directly to the exit to the probe.

Other exceptions and additions specific to

Method 5I include:

6.1.1 Probe Nozzle. Same as Method 5,

with the exception that it must be

constructed of borosilicate or quartz glass

tubing.

6.1.2 Probe Liner. Same as Method 5,

with the exception that it must be
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53029

constructed of borosilicate or quartz glass

tubing.

6.1.3 Filter Holder. The filter holder is

constructed of borosilicate or quartz glass

front cover designed to hold a 47-mm glass

fiber filter, with a wafer thin stainless steel

(SS) filter support, a silicone rubber or Viton

O-ring, and Teflon tape seal. This holder

design will provide a positive seal against

leakage from the outside or around the filter.

The filter holder assembly fits into a SS filter

holder and attaches directly to the outlet of

the probe. The tare weight of the filter,

borosilicate or quartz glass holder, SS filter

support, O-ring and Teflon tape seal

generally will not exceed approximately 35

grams. The filter holder is designed to use a

47-mm glass fiber filter meeting the quality

criteria in of Method 5. These units are

commercially available from several source

testing equipment vendors. Once the filter

holder has been assembled, desiccated and

tared, protect it from external sources of

contamination by covering the front socket

with a ground glass plug. Secure the plug

with an impinger clamp or other item that

will ensure a leak-free fitting.

6.2 Sample Recovery Equipment and

Supplies. Same as Method 5, with the

following exceptions:

6.2.1 Probe-Liner and Probe-Nozzle

Brushes. Teflon or nylon bristle brushes

with stainless steel wire handles, should be

used to clean the probe. The probe brush

must have extensions (at least as long as the

probe) of Teflon, nylon or similarly inert

material. The brushes must be properly sized

and shaped for brushing out the probe liner

and nozzle.

6.2.2 Wash Bottles. Two Teflon wash

bottles are recommended however,

polyethylene wash bottles may be used at the

option of the tester. Acetone should not be

stored in polyethylene bottles for longer than

one month.

6.2.3 Filter Assembly Transport. A

system should be employed to minimize

contamination of the filter assemblies during

transport to and from the field test location.

A carrying case or packet with clean

compartments of sufficient size to

accommodate each filter assembly can be

used. This system should have an air tight

seal to further minimize contamination

during transport to and from the field.

6.3 Analysis Equipment and Supplies.

Same as Method 5, with the following

exception:

6.3.1 Lightweight Beaker Liner. Teflon or

other lightweight beaker liners are used for

the analysis of the probe and nozzle rinses.

These light weight liners are used in place of

the borosilicate glass beakers typically used

for the Method 5 weighings in order to

improve sample analytical precision.

6.3.2 Anti-static Treatment.

Commercially available gaseous anti-static

rinses are recommended for low humidity

situations that contribute to static charge

problems.

7. Reagents and Standards.

7.1 Sampling Reagents. The reagents used

in sampling are the same as Method 5 with

the following exceptions:

7.1.1 Filters. The quality specifications

for the filters are identical to those cited for

Method 5. The only difference is the filter

diameter of 47 millimeters.

7.1.2 Stopcock Grease. Stopcock grease

cannot be used with this sampling train. We

recommend that the sampling train be

assembled with glass joints containing O-ring

seals or screw-on connectors, or similar.

7.1.3 Acetone. Low residue type acetone,

≤0.001 percent residue, purchased in glass

bottles is used for the recovery of particulate

matter from the probe and nozzle. Acetone

from metal containers generally has a high

residue blank and should not be used.

Sometimes, suppliers transfer acetone to

glass bottles from metal containers; thus,

acetone blanks must be run prior to field use

and only acetone with low blank values

(≤0.001 percent residue, as specified by the

manufacturer) must be used. Acetone blank

correction is not allowed for this method;

therefore, it is critical that high purity

reagents be purchased and verified prior to

use.

7.1.4 Gloves. Disposable, powder-free,

latex surgical gloves, or their equivalent are

used at all times when handling the filter

housings or performing sample recovery.

7.2 Standards. There are no applicable

standards or audit samples commercially

available for Method 5I analyses.

8. Sample Collection, Preservation,

Storage, and Transport.

8.1 Pretest Preparation. Same as Method

5 with several exceptions specific to filter

assembly and weighing.

8.1.1 Filter Assembly. Uniquely identify

each filter support before loading filters into

the holder assembly. This can be done with

an engraving tool or a permanent marker. Use

powder free latex surgical gloves whenever

handling the filter holder assemblies. Place

the O-ring on the back of the filter housing

in the O-ring groove. Place a 47 mm glass

fiber filter on the O-ring with the face down.

Place a stainless steel filter holder against the

back of the filter. Carefully wrap 5 mm (1⁄4

inch) wide Teflon’’ tape one timearound the

outside of the filter holder overlapping the

stainless steel filter support by approximately

2.5 mm (1⁄8 inch). Gently brush the Teflon

tape down on the back of the stainless steel

filter support. Store the filter assemblies in

their transport case until time for weighing

or field use.

8.1.2 Filter Weighing Procedures. a.

Desiccate the entire filter holder assemblies

at 20 ± 5.6°C (68 ± 10°F) and ambient

pressure for at least 24 hours. Weigh at

intervals of at least 6 hours to a constant

weight, i.e., 0.5 mg change from previous

weighing. Record the results to the nearest

0.1 mg. During each weighing, the filter

holder assemblies must not be exposed to the

laboratory atmosphere for a period greater

than 2 minutes and a relative humidity above

50 percent. Lower relative humidity may be

required in order to improve analytical

precision. However, low humidity conditions

increase static charge to the sample media.

b. Alternatively (unless otherwise specified

by the Administrator), the filters holder

assemblies may be oven dried at 105°C

(220°F) for a minimum of 2 hours, desiccated

for 2 hours, and weighed. The procedure

used for the tare weigh must also be used for

the final weight determination.

c. Experience has shown that weighing

uncertainties are not only related to the

balance performance but to the entire

weighing procedure. Therefore, before

performing any measurement, establish and

follow standard operating procedures, taking

into account the sampling equipment and

filters to be used.

8.2 Preliminary Determinations. Select

the sampling site, traverse points, probe

nozzle, and probe length as specified in

Method 5.

8.3 Preparation of Sampling Train. Same

as Method 5, Section 8.3, with the following

exception: During preparation and assembly

of the sampling train, keep all openings

where contamination can occur covered until

justbefore assembly or until sampling is

about to begin. Using gloves, place a labeled

(identified) and weighed filter holder

assembly into the stainless steel holder. Then

place this whole unit in the Method 5 hot

box, and attach it to the probe. Do not use

stopcock grease.

8.4 Leak-Check Procedures. Same as

Method 5.

8.5 Sampling Train Operation.

8.5.1. Operation. Operate the sampling

train in a manner consistent with those

described in Methods 1, 2, 4 and 5 in terms

of the number of sample points and

minimum time per point. The sample rate

and total gas volume should be adjusted

based on estimated grain loading of the

source being characterized. The total

sampling time must be a function of the

estimated mass of particulate to be collected

for the run. Targeted mass to be collected in

a typical Method 5I sample train should be

on the order of 10 to 20 mg. Method 5I is

most appropriate for total collected masses of

less than 50 milligrams, however, there is not

an exact particulate loading cutoff, and it is

likely that some runs may exceed 50 mg.

Exceeding 50 mg (or less than 10 mg) for the

sample mass does not necessarily justify

invalidating a sample run if all other Method

criteria are met.

8.5.2 Paired Train. This Method requires

PM samples be collected with paired trains.

8.5.2.1 It is important that the systems be

operated truly simultaneously. This implies

that both sample systems start and stop at the

same times. This also means that if one

sample system is stopped during the run, the

other sample systems must also be stopped

until the cause has been corrected.

8.5.2.2 Care should be taken to maintain

the filter box temperature of the paired trains

as close as possible to the Method required

temperature of 120 ± 14°C (248 ± 25°F). If

separate ovens are being used for

simultaneously operated trains, it is

recommended that the oven temperature of

each train be maintained within ± 14°C (±

25°F) of each other.

8.5.2.3 The nozzles for paired trains need

not be identically sized.

8.5.2.4 Co-located sample nozzles must

be within the same plane perpendicular to

the gas flow. Co-located nozzles and pitot

assemblies should be within a 6.0 cm × 6.0

cm square (as cited for a quadruple train in

Reference Method 301).

8.5.3 Duplicate gas samples for molecular

weight determination need not be collected.
53030 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

8.6 Sample Recovery. Same as Method 5

with several exceptions specific to the filter

housing.

8.6.1 Before moving the sampling train to

the cleanup site, remove the probe from the

train and seal the nozzle inlet and outlet of

the probe. Be careful not to lose any

condensate that might be present. Cap the

filter inlet using a standard ground glass plug

and secure the cap with an impinger clamp.

Remove the umbilical cord from the last

impinger and cap the impinger. If a flexible

line is used between the first impinger

condenser and the filter holder, disconnect

the line at the filter holder and let any

condensed water or liquid drain into the

impingers or condenser.

8.6.2 Transfer the probe and filterimpinger assembly to the cleanup area. This

area must be clean and protected from the

wind so that the possibility of losing any of

the sample will be minimized.

8.6.3 Inspect the train prior to and during

disassembly and note any abnormal

conditions such as particulate color, filter

loading, impinger liquid color, etc.

8.6.4 Container No. 1, Filter Assembly.

Carefully remove the cooled filter holder

assembly from the Method 5 hot box and

place it in the transport case. Use a pair of

clean gloves to handle the filter holder

assembly.

8.6.5 Container No. 2, Probe Nozzle and

Probe Liner Rinse. Rinse the probe and

nozzle components with acetone. Be certain

that the probe and nozzle brushes have been

thoroughly rinsed prior to use as they can be

a source of contamination.

8.6.6 All Other Train Components.

(Impingers) Same as Method 5.

8.7 Sample Storage and Transport.

Whenever possible, containers should be

shipped in such a way that they remain

upright at all times. All appropriate

dangerous goods shipping requirements must

be observed since acetone is a flammable

liquid.

9. Quality Control.

9.1 Miscellaneous Field Quality Control

Measures.

9.1.1 A quality control (QC) check of the

volume metering system at the field site is

suggested before collecting the sample using

the procedures in Method 5, Section 4.4.1.

9.1.2 All other quality control checks

outlined in Methods 1, 2, 4 and 5 also apply

to Method 5I. This includes procedures such

as leak-checks, equipment calibration checks,

and independent checks of field data sheets

for reasonableness and completeness.

9.2 Quality Control Samples.

9.2.1 Required QC Sample. A laboratory

reagent blank must be collected and analyzed

for each lot of acetone used for a field

program to confirm that it is of suitable

purity. The particulate samples cannot be

blank corrected.

9.2.2 Recommended QC Samples. These

samples may be collected and archived for

future analyses.

9.2.2.1 A field reagent blank is a

recommended QC sample collected from a

portion of the acetone used for cleanup of the

probe and nozzle. Take 100 ml of this

acetone directly from the wash bottle being

used and place it in a glass sample container

labeled ‘‘field acetone reagent blank.’’ At

least one field reagent blank is recommended

for every five runs completed. The field

reagent blank samples demonstrate the purity

of the acetone was maintained throughout

the program.

9.2.2.2 A field bias blank train is a

recommended QC sample. This sample is

collected by recovering a probe and filter

assembly that has been assembled, taken to

the sample location, leak checked, heated,

allowed to sit at the sample location for a

similar duration of time as a regular sample

run, leak-checked again, and then recovered

in the same manner as a regular sample.

Field bias blanks are not a Method

requirement, however, they are

recommended and are very useful for

identifying sources of contamination in

emission testing samples. Field bias blank

train results greater than 5 times the method

detection limit may be considered

problematic.

10. Calibration and Standardization

Same as Method 5, Section 5.

11. Analytical Procedures.

11.1 Analysis. Same as Method 5,

Sections 11.1—11.2.4, with the following

exceptions:

11.1.1 Container No. 1. Same as Method

5, Section 11.2.1, with the following

exception: Use disposable gloves to remove

each of the filter holder assemblies from the

desiccator, transport container, or sample

oven (after appropriate cooling).

11.1.2 Container No. 2. Same as Method

5, Section 11.2.2, with the following

exception: It is recommended that the

contents of Container No. 2 be transferred to

a 250 ml beaker with a Teflon liner or similar

container that has a minimal tare weight

before bringing to dryness.

12. Data Analysis and Calculations.

12.1 Particulate Emissions. The analytical

results cannot be blank corrected for residual

acetone found in any of the blanks. All other

sample calculations are identical to Method

5.

12.2 Paired Trains Outliers. a. Outliers

are identified through the determination of

precision and any systemic bias of the paired

trains. Data that do not meet this criteria

should be flagged as a data quality problem.

The primary reason for performing dual train

sampling is to generate information to

quantify the precision of the Reference

Method data. The relative standard deviation

(RSD) of paired data is the parameter used to

quantify data precision. RSD for two

simultaneously gathered data points is

determined according to:

RSD C C C C = − 100%* / ( ) a b a b ( ) +

where, Ca and Cb are concentration values

determined from trains A and B respectively.

For RSD calculation, the concentration units

are unimportant so long as they are

consistent.

b. A minimum precision criteria for

Reference Method PM data is that RSD for

any data pair must be less than 10% as long

as the mean PM concentration is greater than

10 mg/unit volume. If the mean PM

concentration is less than 10 mg/unit volume

higher RSD values are acceptable. At mean

PM concentration of 1 mg/unit volume

acceptable RSD for paired trains is 25%.

Between 1 and 10 mg/unit volume acceptable

RSD criteria should be linearly scaled from

25% to 10%. Pairs of manual method data

exceeding these RSD criteria should be

eliminated from the data set used to develop

a PM CEMS correlation or to assess RCA.

13. Method Performance. [Reserved]

14. Pollution Prevention. [Reserved]

15. Waste Management. [Reserved]

16. Alternative Procedures. Same as

Method 5.

17. Bibliography. Same as Method 5.

18. Tables, Diagrams, Flowcharts and

Validation Data. Figure 5I–1 is a schematic

of the sample train.

BILLING CODE 6560–50–P
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53031

BILLING CODE 6560–50–C
53032 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

3. Appendix B to part 60 is amended

by adding Performance Specifications

4B and 8A in numerical order to read

as follows:

Appendix B—Performance

Specifications

* * * * *

Performance Specification 4B—-

Specifications and test procedures for

carbon monoxide and oxygen continuous

monitoring systems in stationary sources

a. Applicability and Principle

1.1 Applicability. a. This specification is

to be used for evaluating the acceptability of

carbon monoxide (CO) and oxygen (O2)

continuous emission monitoring systems

(CEMS) at the time of or soon after

installation and whenever specified in the

regulations. The CEMS may include, for

certain stationary sources, (a) flow

monitoring equipment to allow measurement

of the dry volume of stack effluent sampled,

and (b) an automatic sampling system.

b. This specification is not designed to

evaluate the installed CEMS’ performance

over an extended period of time nor does it

identify specific calibration techniques and

auxiliary procedures to assess the CEMS’

performance. The source owner or operator,

however, is responsible to properly calibrate,

maintain, and operate the CEMS. To evaluate

the CEMS’ performance, the Administrator

may require, under section 114 of the Act,

the operator to conduct CEMS performance

evaluations at times other than the initial

test.

c. The definitions, installation and

measurement location specifications, test

procedures, data reduction procedures,

reporting requirements, and bibliography are

the same as in PS 3 (for O2) and PS 4A (for

CO) except as otherwise noted below.

1.2 Principle. Installation and

measurement location specifications,

performance specifications, test procedures,

and data reduction procedures are included

in this specification. Reference method tests,

calibration error tests, calibration drift tests,

and interferant tests are conducted to

determine conformance of the CEMS with the

specification.

b. Definitions

2.1 Continuous Emission Monitoring

System (CEMS). This definition is the same

as PS 2 Section 2.1 with the following

addition. A continuous monitor is one in

which the sample to be analyzed passes the

measurement section of the analyzer without

interruption.

2.2 Response Time. The time interval

between the start of a step change in the

system input and when the pollutant

analyzer output reaches 95 percent of the

final value.

2.3 Calibration Error (CE). The difference

between the concentration indicated by the

CEMS and the known concentration

generated by a calibration source when the

entire CEMS, including the sampling

interface is challenged. A CE test procedure

is performed to document the accuracy and

linearity of the CEMS over the entire

measurement range.

3. Installation and Measurement Location

Specifications

3.1 The CEMS Installation and

Measurement Location. This specification is

the same as PS 2 Section 3.1 with the

following additions. Both the CO and O2

monitors should be installed at the same

general location. If this is not possible, they

may be installed at different locations if the

effluent gases at both sample locations are

not stratified and there is no in-leakage of air

between sampling locations.

3.1.1 Measurement Location. Same as PS

2 Section 3.1.1.

3.1.2 Point CEMS. The measurement

point should be within or centrally located

over the centroidal area of the stack or duct

cross section.

3.1.3 Path CEMS. The effective

measurement path should: (1) Have at least

70 percent of the path within the inner 50

percent of the stack or duct cross sectional

area, or (2) be centrally located over any part

of the centroidal area.

3.2 Reference Method (RM) Measurement

Location and Traverse Points. This

specification is the same as PS 2 Section 3.2

with the following additions. When pollutant

concentration changes are due solely to

diluent leakage and CO and O2 are

simultaneously measured at the same

location, one half diameter may be used in

place of two equivalent diameters.

3.3 Stratification Test Procedure.

Stratification is defined as the difference in

excess of 10 percent between the average

concentration in the duct or stack and the

concentration at any point more than 1.0

meter from the duct or stack wall. To

determine whether effluent stratification

exists, a dual probe system should be used

to determine the average effluent

concentration while measurements at each

traverse point are being made. One probe,

located at the stack or duct centroid, is used

as a stationary reference point to indicate

change in the effluent concentration over

time. The second probe is used for sampling

at the traverse points specified in Method 1

(40 CFR part 60 appendix A). The monitoring

system samples sequentially at the reference

and traverse points throughout the testing

period for five minutes at each point.

d. Performance and Equipment

Specifications

4.1 Data Recorder Scale. For O2, same as

specified in PS 3, except that the span must

be 25 percent. The span of the O2 may be

higher if the O2 concentration at the sampling

point can be greater than 25 percent. For CO,

same as specified in PS 4A, except that the

low-range span must be 200 ppm and the

high range span must be 3000 ppm. In

addition, the scale for both CEMS must

record all readings within a measurement

range with a resolution of 0.5 percent.

4.2 Calibration Drift. For O2, same as

specified in PS 3. For CO, the same as

specified in PS 4A except that the CEMS

calibration must not drift from the reference

value of the calibration standard by more

than 3 percent of the span value on either the

high or low range.

4.3 Relative Accuracy (RA). For O2, same

as specified in PS 3. For CO, the same as

specified in PS 4A.

4.4 Calibration Error (CE). The mean

difference between the CEMS and reference

values at all three test points (see Table I)

must be no greater than 5 percent of span

value for CO monitors and 0.5 percent for O2

monitors.

4.5 Response Time. The response time for

the CO or O2 monitor must not exceed 2

minutes.

e. Performance Specification Test Procedure

5.1 Calibration Error Test and Response

Time Test Periods. Conduct the CE and

response time tests during the CD test period.

F. The CEMS Calibration Drift and Response

Time Test Procedures

The response time test procedure is given

in PS 4A, and must be carried out for both

the CO and O2 monitors.

7. Relative Accuracy and Calibration Error

Test Procedures

7.1 Calibration Error Test Procedure.

Challenge each monitor (both low and high

range CO and O2) with zero gas and EPA

Protocol 1 cylinder gases at three

measurement points within the ranges

specified in Table I.

TABLE I. CALIBRATION ERROR CONCENTRATION RANGES

Measurement

point CO Low range (ppm) CO High range (ppm) O2 (%)

1 ................... 0–40 0–600 0–2

2 ................... 60–80 900–1200 8–10

3 ................... 140–160 2100–2400 14–16

Operate each monitor in its normal sampling

mode as nearly as possible. The calibration

gas must be injected into the sample system

as close to the sampling probe outlet as

practical and should pass through all CEMS

components used during normal sampling.

Challenge the CEMS three non-consecutive

times at each measurement point and record

the responses. The duration of each gas
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53033

injection should be sufficient to ensure that

the CEMS surfaces are conditioned.

7.1.1 Calculations. Summarize the results

on a data sheet. Average the differences

between the instrument response and the

certified cylinder gas value for each gas.

Calculate the CE results according to:

CE d FS = × / ( ) 100 1

where d is the mean difference between the

CEMS response and the known reference

concentration and FS is the span value.

7.2 Relative Accuracy Test Procedure.

Follow the RA test procedures in PS 3 (for

O2) section 3 and PS 4A (for CO) section 4.

7.3 Alternative RA Procedure. Under

some operating conditions, it may not be

possible to obtain meaningful results using

the RA test procedure. This includes

conditions where consistent, very low CO

emission or low CO emissions interrupted

periodically by short duration, high level

spikes are observed. It may be appropriate in

these circumstances to waive the RA test and

substitute the following procedure.

Conduct a complete CEMS status check

following the manufacturer’s written

instructions. The check should include

operation of the light source, signal receiver,

timing mechanism functions, data

acquisition and data reduction functions,

data recorders, mechanically operated

functions, sample filters, sample line heaters,

moisture traps, and other related functions of

the CEMS, as applicable. All parts of the

CEMS must be functioning properly before

the RA requirement can be waived. The

instrument must also successfully passed the

CE and CD specifications. Substitution of the

alternate procedure requires approval of the

Regional Administrator.

8. Bibliography

1. 40 CFR Part 266, Appendix IX, Section

2, ‘‘Performance Specifications for

Continuous Emission Monitoring Systems.’’

* * * * *

Performance Specification 8A—

Specifications and test procedures for total

hydrocarbon continuous monitoring

systems in stationary sources

1. Applicability and Principle

1.1 Applicability. These performance

specifications apply to hydrocarbon (HC)

continuous emission monitoring systems

(CEMS) installed on stationary sources. The

specifications include procedures which are

intended to be used to evaluate the

acceptability of the CEMS at the time of its

installation or whenever specified in

regulations or permits. The procedures are

not designed to evaluate CEMS performance

over an extended period of time. The source

owner or operator is responsible for the

proper calibration, maintenance, and

operation of the CEMS at all times.

1.2 Principle. A gas sample is extracted

from the source through a heated sample line

and heated filter to a flame ionization

detector (FID). Results are reported as volume

concentration equivalents of propane.

Installation and measurement location

specifications, performance and equipment

specifications, test and data reduction

procedures, and brief quality assurance

guidelines are included in the specifications.

Calibration drift, calibration error, and

response time tests are conducted to

determine conformance of the CEMS with the

specifications.

2. Definitions

2.1 Continuous Emission Monitoring

System (CEMS). The total equipment used to

acquire data, which includes sample

extraction and transport hardware, analyzer,

data recording and processing hardware, and

software. The system consists of the

following major subsystems:

2.1.1 Sample Interface. That portion of

the system that is used for one or more of the

following: Sample acquisition, sample

transportation, sample conditioning, or

protection of the analyzer from the effects of

the stack effluent.

2.1.2 Organic Analyzer. That portion of

the system that senses organic concentration

and generates an output proportional to the

gas concentration.

2.1.3 Data Recorder. That portion of the

system that records a permanent record of the

measurement values. The data recorder may

include automatic data reduction

capabilities.

2.2 Instrument Measurement Range. The

difference between the minimum and

maximum concentration that can be

measured by a specific instrument. The

minimum is often stated or assumed to be

zero and the range expressed only as the

maximum.

2.3 Span or Span Value. Full scale

instrument measurement range. The span

value must be documented by the CEMS

manufacturer with laboratory data.

2.4 Calibration Gas. A known

concentration of a gas in an appropriate

diluent gas.

2.5 Calibration Drift (CD). The difference

in the CEMS output readings from the

established reference value after a stated

period of operation during which no

unscheduled maintenance, repair, or

adjustment takes place. A CD test is

performed to demonstrate the stability of the

CEMS calibration over time.

2.6 Response Time. The time interval

between the start of a step change in the

system input (e.g., change of calibration gas)

and the time when the data recorder displays

95 percent of the final value.

2.7 Accuracy. A measurement of

agreement between a measured value and an

accepted or true value, expressed as the

percentage difference between the true and

measured values relative to the true value.

For these performance specifications,

accuracy is checked by conducting a

calibration error (CE) test.

2.8 Calibration Error (CE). The difference

between the concentration indicated by the

CEMS and the known concentration of the

cylinder gas. A CE test procedure is

performed to document the accuracy and

linearity of the monitoring equipment over

the entire measurement range.

2.9 Performance Specification Test (PST)

Period. The period during which CD, CE, and

response time tests are conducted.

2.10 Centroidal Area. A concentric area

that is geometrically similar to the stack or

duct cross section and is no greater than 1

percent of the stack or duct cross-sectional

area.

3. Installation and Measurement Location

Specifications

3.1 CEMS Installation and Measurement

Locations. The CEMS must be installed in a

location in which measurements

representative of the source’s emissions can

be obtained. The optimum location of the

sample interface for the CEMS is determined

by a number of factors, including ease of

access for calibration and maintenance, the

degree to which sample conditioning will be

required, the degree to which it represents

total emissions, and the degree to which it

represents the combustion situation in the

firebox (where applicable). The location

should be as free from in-leakage influences

as possible and reasonably free from severe

flow disturbances. The sample location

should be at least two equivalent duct

diameters downstream from the nearest

control device, point of pollutant generation,

or other point at which a change in the

pollutant concentration or emission rate

occurs and at least 0.5 diameter upstream

from the exhaust or control device. The

equivalent duct diameter is calculated as per

40 CFR part 60, appendix A, method 1,

section 2.1. If these criteria are not achievable

or if the location is otherwise less than

optimum, the possibility of stratification

should be investigated as described in

section 3.2. The measurement point must be

within the centroidal area of the stack or duct

cross section.

3.2 Stratification Test Procedure.

Stratification is defined as a difference in

excess of 10 percent between the average

concentration in the duct or stack and the

concentration at any point more than 1.0

meter from the duct or stack wall. To

determine whether effluent stratification

exists, a dual probe system should be used

to determine the average effluent

concentration while measurements at each

traverse point are being made. One probe,

located at the stack or duct centroid, is used

as a stationary reference point to indicate the

change in effluent concentration over time.

The second probe is used for sampling at the

traverse points specified in 40 CFR part 60

appendix A, method 1. The monitoring

system samples sequentially at the reference

and traverse points throughout the testing

period for five minutes at each point.

4. CEMS Performance and Equipment

Specifications

If this method is applied in highly

explosive areas, caution and care must be

exercised in choice of equipment and

installation.

4.1 Flame Ionization Detector (FID)

Analyzer. A heated FID analyzer capable of

meeting or exceeding the requirements of

these specifications. Heated systems must

maintain the temperature of the sample gas

between 150 °C (300 °F) and 175 °C (350 °F)

throughout the system. This requires all

system components such as the probe,

calibration valve, filter, sample lines, pump,

and the FID to be kept heated at all times

such that no moisture is condensed out of the
53034 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

system. The essential components of the

measurement system are described below:

4.1.1 Sample Probe. Stainless steel, or

equivalent, to collect a gas sample from the

centroidal area of the stack cross-section.

4.1.2 Sample Line. Stainless steel or

Teflon tubing to transport the sample to the

analyzer.

Note: Mention of trade names or specific

products does not constitute endorsement by

the Environmental Protection Agency.

4.1.3 Calibration Valve Assembly. A

heated three-way valve assembly to direct the

zero and calibration gases to the analyzer is

recommended. Other methods, such as

quick-connect lines, to route calibration gas

to the analyzers are applicable.

4.1.4 Particulate Filter. An in-stack or

out-of-stack sintered stainless steel filter is

recommended if exhaust gas particulate

loading is significant. An out-of-stack filter

must be heated.

4.1.5 Fuel. The fuel specified by the

manufacturer (e.g., 40 percent hydrogen/60

percent helium, 40 percent hydrogen/60

percent nitrogen gas mixtures, or pure

hydrogen) should be used.

4.1.6 Zero Gas. High purity air with less

than 0.1 parts per million by volume (ppm)

HC as methane or carbon equivalent or less

than 0.1 percent of the span value, whichever

is greater.

4.1.7 Calibration Gases. Appropriate

concentrations of propane gas (in air or

nitrogen). Preparation of the calibration gases

should be done according to the procedures

in EPA Protocol 1. In addition, the

manufacturer of the cylinder gas should

provide a recommended shelf life for each

calibration gas cylinder over which the

concentration does not change by more than

±2 percent from the certified value.

4.2 CEMS Span Value. 100 ppm propane.

The span value must be documented by the

CEMS manufacturer with laboratory data.

4.3 Daily Calibration Gas Values. The

owner or operator must choose calibration

gas concentrations that include zero and

high-level calibration values.

4.3.1 The zero level may be between zero

and 0.1 ppm (zero and 0.1 percent of the

span value).

4.3.2 The high-level concentration must

be between 50 and 90 ppm (50 and 90

percent of the span value).

4.4 Data Recorder Scale. The strip chart

recorder, computer, or digital recorder must

be capable of recording all readings within

the CEMS’ measurement range and must

have a resolution of 0.5 ppm (0.5 percent of

span value).

4.5 Response Time. The response time for

the CEMS must not exceed 2 minutes to

achieve 95 percent of the final stable value.

4.6 Calibration Drift. The CEMS must

allow the determination of CD at the zero and

high-level values. The CEMS calibration

response must not differ by more than ±3

ppm (±3 percent of the span value) after each

24-hour period of the 7-day test at both zero

and high levels.

4.7 Calibration Error. The mean

difference between the CEMS and reference

values at all three test points listed below

must be no greater than 5 ppm (±5 percent

of the span value).

4.7.1 Zero Level. Zero to 0.1 ppm (0 to 0.1

percent of span value).

4.7.2 Mid-Level. 30 to 40 ppm (30 to 40

percent of span value).

4.7.3 High-Level. 70 to 80 ppm (70 to 80

percent of span value).

4.8 Measurement and Recording

Frequency. The sample to be analyzed must

pass through the measurement section of the

analyzer without interruption. The detector

must measure the sample concentration at

least once every 15 seconds. An average

emission rate must be computed and

recorded at least once every 60 seconds.

4.9 Hourly Rolling Average Calculation.

The CEMS must calculate every minute an

hourly rolling average, which is the

arithmetic mean of the 60 most recent 1-

minute average values.

4.10 Retest. If the CEMS produces results

within the specified criteria, the test is

successful. If the CEMS does not meet one or

more of the criteria, necessary corrections

must be made and the performance tests

repeated.

5. Performance Specification Test (PST)

Periods

5.1 Pretest Preparation Period. Install the

CEMS, prepare the PTM test site according to

the specifications in section 3, and prepare

the CEMS for operation and calibration

according to the manufacturer’s written

instructions. A pretest conditioning period

similar to that of the 7-day CD test is

recommended to verify the operational status

of the CEMS.

5.2 Calibration Drift Test Period. While

the facility is operating under normal

conditions, determine the magnitude of the

CD at 24-hour intervals for seven consecutive

days according to the procedure given in

section 6.1. All CD determinations must be

made following a 24-hour period during

which no unscheduled maintenance, repair,

or adjustment takes place. If the combustion

unit is taken out of service during the test

period, record the onset and duration of the

downtime and continue the CD test when the

unit resumes operation.

5.3 Calibration Error Test and Response

Time Test Periods. Conduct the CE and

response time tests during the CD test period.

6. Performance Specification Test Procedures

6.1 Relative Accuracy Test Audit (RATA)

and Absolute Calibration Audits (ACA). The

test procedures described in this section are

in lieu of a RATA and ACA.

6.2 Calibration Drift Test.

6.2.1 Sampling Strategy. Conduct the CD

test at 24-hour intervals for seven

consecutive days using calibration gases at

the two daily concentration levels specified

in section 4.3. Introduce the two calibration

gases into the sampling system as close to the

sampling probe outlet as practical. The gas

must pass through all CEM components used

during normal sampling. If periodic

automatic or manual adjustments are made to

the CEMS zero and calibration settings,

conduct the CD test immediately before these

adjustments, or conduct it in such a way that

the CD can be determined. Record the CEMS

response and subtract this value from the

reference (calibration gas) value. To meet the

specification, none of the differences may

exceed 3 percent of the span of the CEM.

6.2.2 Calculations. Summarize the results

on a data sheet. An example is shown in

Figure 1. Calculate the differences between

the CEMS responses and the reference

values.

6.3 Response Time. The entire system

including sample extraction and transport,

sample conditioning, gas analyses, and the

data recording is checked with this

procedure.

6.3.1 Introduce the calibration gases at

the probe as near to the sample location as

possible. Introduce the zero gas into the

system. When the system output has

stabilized (no change greater than 1 percent

of full scale for 30 sec), switch to monitor

stack effluent and wait for a stable value.

Record the time (upscale response time)

required to reach 95 percent of the final

stable value.

6.3.2 Next, introduce a high-level

calibration gas and repeat the above

procedure. Repeat the entire procedure three

times and determine the mean upscale and

downscale response times. The longer of the

two means is the system response time.

6.4 Calibration Error Test Procedure.

6.4.1 Sampling Strategy. Challenge the

CEMS with zero gas and EPA Protocol 1

cylinder gases at measurement points within

the ranges specified in section 4.7.

6.4.1.1 The daily calibration gases, if

Protocol 1, may be used for this test.

BILLING CODE 6560–50–P
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53035

BILLING CODE 6560–50–C
53036 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

6.4.1.2 Operate the CEMS as nearly as

possible in its normal sampling mode. The

calibration gas should be injected into the

sampling system as close to the sampling

probe outlet as practical and must pass

through all filters, scrubbers, conditioners,

and other monitor components used during

normal sampling. Challenge the CEMS three

non-consecutive times at each measurement

point and record the responses. The duration

of each gas injection should be for a

sufficient period of time to ensure that the

CEMS surfaces are conditioned.

6.4.2 Calculations. Summarize the results

on a data sheet. An example data sheet is

shown in Figure 2. Average the differences

between the instrument response and the

certified cylinder gas value for each gas.

Calculate three CE results according to

Equation 1. No confidence coefficient is used

in CE calculations.

7. Equations

Calibration Error. Calculate CE using

Equation 1.

CE d FS = × / ( ) 100 1 Eq. 

Where:

d= Mean difference between CEMS response

and the known reference concentration,

determined using Equation 2.

d

n

d Eq. i

i

n

=

=

∑

1

1

( 2)

Where:

di = Individual difference between CEMS

response and the known reference

concentration.

8. Reporting

At a minimum, summarize in tabular form

the results of the CD, response time, and CE

test, as appropriate. Include all data sheets,

calculations, CEMS data records, and

cylinder gas or reference material

certifications.

BILLING CODE 6560–50–P
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53037

BILLING CODE 6560–50–C
53038 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

9. References

1. Measurement of Volatile Organic

Compounds-Guideline Series. U.S.

Environmental Protection Agency, Research

Triangle Park, North Carolina, 27711, EPA–

450/2–78–041, June 1978.

2. Traceability Protocol for Establishing

True Concentrations of Gases Used for

Calibration and Audits of Continuous Source

Emission Monitors (Protocol No. 1). U.S.

Environmental Protection Agency ORD/

EMSL, Research Triangle Park, North

Carolina, 27711, June 1978.

3. Gasoline Vapor Emission Laboratory

Evaluation-Part 2. U.S. Environmental

Protection Agency, OAQPS, Research

Triangle Park, North Carolina, 27711, EMB

Report No. 76–GAS–6, August 1975.

* * * * *

PART 63—NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS FOR SOURCE

CATEGORIES

1. The authority citation for part 63

continues to read as follows:

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

2. Part 63, subpart EEE, is revised to

read as follows:

Subpart EEE—National Emission

Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors

General

Sec.

63.1200 Who is subject to these regulations?

63.1201 Definitions and acronyms used in

this subpart.

63.1202 [Reserved]

Emissions Standards and Operating Limits

63.1203 What are the standards for

hazardous waste incinerators?

63.1204 What are the standards for

hazardous waste burning cement kilns?

63.1205 What are the standards for

hazardous waste burning lightweight

aggregate kilns?

Monitoring and Compliance Provisions

63.1206 When and how must you comply

with the standards and operating

requirements?

63.1207 What are the performance testing

requirements?

63.1208 What are the test methods?

63.1209 What are the monitoring

requirements?

Notification, Reporting and Recordkeeping

63.1210 What are the notification

requirements?

63.1211 What are the recordkeeping and

reporting requirements?

63.1212 What are the other requirements

pertaining to the NIC and associated

progress reports?

Other

63.1213 How can the compliance date be

extended to install pollution prevention

or waste minimization controls?

Table 1 to Subpart EEE of Part 63—General

Provisions Applicable to Subpart EEE

Appendix A to Subpart EEE—Quality

Assurance Procedures for Continuous

Emissions Monitors Used for Hazardous

Waste Combustors

Subpart EEE—National Emission

Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors

General

§ 63.1200 Who is subject to these

regulations?

The provisions of this subpart apply

to all hazardous waste combustors:

hazardous waste incinerators, hazardous

waste burning cement kilns, and

hazardous waste burning lightweight

aggregate kilns, except as provided in

Table 1 of this section. Hazardous waste

combustors are also subject to

applicable requirements under parts

260–270 of this chapter.

(a) What if I am an area source? (1)

Both area sources and major sources are

subject to this subpart.

(2) Both area sources and major

sources, not previously subject to title

V, are immediately subject to the

requirement to apply for and obtain a

title V permit in all States, and in areas

covered by part 71 of this chapter.

(b) These regulations in this subpart do not

apply to sources that meet the criteria in

Table 1 of this Section, as follows:

TABLE 1 TO § 63.1200.— HAZARDOUS WASTE COMBUSTORS EXEMPT FROM SUBPART EEE

If And if Then

(1) You are a previously affected source .......... (i) You ceased feeding hazardous waste for a

period of time greater than the hazardous

waste residence time (i.e., hazardous waste

no longer resides in the combustion chamber);.

(ii) You are in compliance with the closure requirements of subpart G, parts 264 or 265

of this chapter;.

(iii) You begin complying with the requirements of all other applicable standards of

this part (Part 63); and.

(iv) You notify the Administrator in writing that

you are no longer an affected source under

this subpart (Subpart EEE).

You are no longer subject to this subpart

(Subpart EEE).

(2) You are a research, development, and

demonstration source.

You operate for no longer than one year after

first burning hazardous waste (Note that the

Administrator can extent this one-year restriction on a case-by-case basis upon your

written request documenting when you first

burned hazardous waste and the justification for needing additional time to perform

research, development, or demonstration

operations.).

You are not subject to this subpart (Subpart

EEE). This exemption applies even if there

is a hazardous waste combustor at the plant

site that is regulated under this subpart. You

still, however, remain subject to § 270.65 of

this chapter.

(3) The only hazardous wastes you burn are

exempt from regulation under § 266.100(b)

of this chapter.

...................................................................... You are not subject to the requirements of this

subpart (Subpart EEE).
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53039

(c) Table 1 of this section specifies the

provisions of subpart A (General

Provisions, §§ 63.1–63.15) that apply

and those that do not apply to sources

affected by this subpart.

§ 63.1201 Definitions and acronyms used

in this subpart.

(a) The terms used in this subpart are

defined in the Act, in subpart A of this

part, or in this section as follows: Air pollution control system means

the equipment used to reduce the

release of particulate matter and other

pollutants to the atmosphere. Automatic waste feed cutoff (AWFCO)

system means a system comprised of

cutoff valves, actuator, sensor, data

manager, and other necessary

components and electrical circuitry

designed, operated and maintained to

stop the flow of hazardous waste to the

combustion unit automatically and

immediately (except as provided by

§ 63.1206(c)(2)(viii)) when any operating

requirement is exceeded. By-pass duct means a device which

diverts a minimum of 10 percent of a

cement kiln’s off gas, or a device which

the Administrator determines on a caseby-case basis diverts a sample of kiln

gas that contains levels of carbon

monoxide or hydrocarbons

representative of the levels in the kiln. Combustion chamber means the area

in which controlled flame combustion

of hazardous waste occurs.

Continuous monitor means a device

which continuously samples the

regulated parameter specified in

§ 63.1209 without interruption,

evaluates the detector response at least

once every 15 seconds, and computes

and records the average value at least

every 60 seconds, except during

allowable periods of calibration and

except as defined otherwise by the

CEMS Performance Specifications in

appendix B, part 60 of this chapter. Dioxin/furan and dioxins and furans

mean tetra-, penta-, hexa-, hepta-, and

octa-chlorinated dibenzo dioxins and

furans.

Existing source means any affected

source that is not a new source.

Feedrate operating limits means limits

on the feedrate of materials (e.g., metals,

chlorine) to the combustor that are

established based on comprehensive

performance testing. The limits are

established and monitored by knowing

the concentration of the limited material

(e.g., chlorine) in each feedstream and

the flowrate of each feedstream.

Feedstream means any material fed

into a hazardous waste combustor,

including, but not limited to, any

pumpable or nonpumpable solid, liquid,

or gas. Flowrate means the rate at which a

feedstream is fed into a hazardous waste

combustor.

Hazardous waste is defined in § 261.3

of this chapter. Hazardous waste burning cement kiln

means a rotary kiln and any associated

preheater or precalciner devices that

produce clinker by heating limestone

and other materials for subsequent

production of cement for use in

commerce, and that burns hazardous

waste at any time. Hazardous waste combustor means a

hazardous waste incinerator, hazardous

waste burning cement kiln, or

hazardous waste burning lightweight

aggregate kiln. Hazardous waste incinerator means a

device defined as an incinerator in

§ 260.10 of this chapter and that burns

hazardous waste at any time. Hazardous waste lightweight

aggregate kiln means a rotary kiln that

produces clinker by heating materials

such as slate, shale and clay for

subsequent production of lightweight

aggregate used in commerce, and that

burns hazardous waste at any time. Hazardous waste residence time

means the time elapsed from cutoff of

the flow of hazardous waste into the

combustor (including, for example, the

time required for liquids to flow from

the cutoff valve into the combustor)

until solid, liquid, and gaseous

materials from the hazardous waste,

excluding residues that may adhere to

combustion chamber surfaces, exit the

combustion chamber. For combustors

with multiple firing systems whereby

the residence time may vary for the

firing systems, the hazardous waste

residence time for purposes of

complying with this subpart means the

longest residence time for any firing

system in use at the time of waste cutoff. Initial comprehensive performance

test means the comprehensive

performance test that is used as the

basis for initially demonstrating

compliance with the standards. In-line kiln raw mill means a

hazardous waste burning cement kiln

design whereby kiln gas is ducted

through the raw material mill for

portions of time to facilitate drying and

heating of the raw material. Instantaneous monitoring means

continuously sampling, detecting, and

recording the regulated parameter

without use of an averaging period. Monovent means an exhaust

configuration of a building or emission

control device (e.g. positive pressure

fabric filter) that extends the length of

the structure and has a width very small

in relation to its length (i.e., length to

width ratio is typically greater than 5:1).

The exhaust may be an open vent with

or without a roof, louvered vents, or a

combination of such features.

MTEC means maximum theoretical

emissions concentration of metals or

HCl/Cl, expressed as μg/dscm, and is

calculated by dividing the feedrate by

the gas flowrate.

New source means any affected source

the construction or reconstruction of

which is commenced after April 19,

1996.

One-minute average means the

average of detector responses calculated

at least every 60 seconds from responses

obtained at least every 15 seconds.

Operating record means a

documentation retained at the facility

for ready inspection by authorized

officials of all information required by

the standards to document and maintain

compliance with the applicable

regulations, including data and

information, reports, notifications, and

communications with regulatory

officials.

Operating requirements means

operating terms or conditions, limits, or

operating parameter limits developed

under this subpart that ensure

compliance with the emission

standards.

Raw material feed means the prepared

and mixed materials, which include but

are not limited to materials such as

limestone, clay, shale, sand, iron ore,

mill scale, cement kiln dust and flyash,

that are fed to a cement or lightweight

aggregate kiln. Raw material feed does

not include the fuels used in the kiln to

produce heat to form the clinker

product.

Research, development, and

demonstration source means a source

engaged in laboratory, pilot plant, or

prototype demonstration operations:

(1) Whose primary purpose is to

conduct research, development, or

short-term demonstration of an

innovative and experimental hazardous

waste treatment technology or process;

and

(2) Where the operations are under

the close supervision of technicallytrained personnel.

Rolling average means the average of

all one-minute averages over the

averaging period.

Run means the net period of time

during which an air emission sample is

collected under a given set of operating

conditions. Three or more runs

constitutes a test. Unless otherwise

specified, a run may be either

intermittent or continuous.

Run average means the average of the

one-minute average parameter values for

a run.

TEQ means toxicity equivalence, the

international method of relating the

toxicity of various dioxin/furan

congeners to the toxicity of 2,3,7,8-

tetrachlorodibenzo-p-dioxin.
53040 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

1For purposes of compliance, operation of a wet

particulate control device is presumed to meet the

400°F or lower requirement.

You means the owner or operator of

a hazardous waste combustor.

(b) The acronyms used in this subpart

refer to the following:

AWFCO means automatic waste feed

cutoff.

CAS means chemical abstract services

registry.

CEMS means continuous emissions

monitoring system.

CMS means continuous monitoring

system.

DRE means destruction and removal

efficiency.

MACT means maximum achievable

control technology.

MTEC means maximum theoretical

emissions concentration.

NIC means notification of intent to

comply.

§ 63.1202 [Reserved]

Emissions Standards and Operating

Limits

§ 63.1203 What are the standards for

hazardous waste incinerators?

(a) Emission limits for existing sources

You must not discharge or cause

combustion gasses to be emitted into the

atmosphere that contain:

(1) For dioxins and furans:

(i) Emissions in excess of 0.20 ng

TEQ/dscm corrected to 7 percent

oxygen; or

(ii) Emissions in excess of 0.40 ng

TEQ/dscm corrected to 7 percent

oxygen provided that the combustion

gas temperature at the inlet to the initial

particulate matter control device is

400°F or lower based on the average of

the test run average temperatures; 1

(2) Mercury in excess of 130 μg/dscm

corrected to 7 percent oxygen;

(3) Lead and cadmium in excess of

240 ‘‘g/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 97 ‘‘g/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) For carbon monoxide and

hydrocarbons, either:

(i) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen, and

hydrocarbons in excess of 10 parts per

million by volume over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); or

(ii) Hydrocarbons in excess of 10 parts

per million by volume, over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane;

(6) Hydrochloric acid and chlorine gas

in excess of 77 parts per million by

volume, combined emissions, expressed

as hydrochloric acid equivalents, dry

basis and corrected to 7 percent oxygen;

and

(7) Particulate matter in excess of 34

mg/dscm corrected to 7 percent oxygen.

(b) Emission limits for new sources.

You must not discharge or cause

combustion gases to be emitted into the

atmosphere that contain:

(1) Dioxins and furans in excess of

0.20 ng TEQ/dscm, corrected to 7

percent oxygen;

(2) Mercury in excess of 45 μg/dscm

corrected to 7 percent oxygen;

(3) Lead and cadmium in excess of 24

μg/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 97 μg/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) For carbon monoxide and

hydrocarbons, either:

(i) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen, and

hydrocarbons in excess of 10 parts per

million by volume over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); or

(ii) Hydrocarbons in excess of 10 parts

per million by volume, over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane;

(6) Hydrochloric acid and chlorine gas

in excess of 21 parts per million by

volume, combined emissions, expressed

as hydrochloric acid equivalents, dry

basis and corrected to 7 percent oxygen;

and

(7) Particulate matter in excess of 34

mg/dscm corrected to 7 percent oxygen.

(c) Destruction and removal efficiency

(DRE) standard. (1) 99.99% DRE. Except

as provided in paragraph (c)(2) of this

section, you must achieve a destruction

and removal efficiency (DRE) of 99.99%

for each principle organic hazardous

constituent (POHC) designated under

paragraph (c)(3) of this section. You

must calculate DRE for each POHC from

the following equation:

DRE W W = − [ ] 1 100% ( ) out in / ×

Where:

Win=mass feedrate of one principal

organic hazardous constituent

(POHC) in a waste feedstream; and

Wout=mass emission rate of the same

POHC present in exhaust emissions

prior to release to the atmosphere

(2) 99.9999% DRE. If you burn the

dioxin-listed hazardous wastes FO20,

FO21, FO22, FO23, FO26, or FO27 (see

§ 261.31 of this chapter), you must

achieve a destruction and removal

efficiency (DRE) of 99.9999% for each

principle organic hazardous constituent

(POHC) that you designate under

paragraph (c)(3) of this section. You

must demonstrate this DRE performance

on POHCs that are more difficult to

incinerate than tetro-, penta-, and

hexachlorodibenzo-p-dioxins and

dibenzofurans. You must use the

equation in paragraph (c)(1) of this

section calculate DRE for each POHC. In

addition, you must notify the

Administrator of your intent to

incinerate hazardous wastes FO20,

FO21, FO22, FO23, FO26, or FO27.

(3) Principal organic hazardous

constituents (POHCs). (i) You must treat

the Principal Organic Hazardous

Constituents (POHCs) in the waste feed

that you specify under paragraph

(c)(3)(ii) of this section to the extent

required by paragraphs (c)(1) and (c)(2)

of this section.

(ii) You must specify one or more

POHCs from the list of hazardous air

pollutants established by 42 U.S.C.

7412(b)(1), excluding caprolactam (CAS

number 105602) as provided by § 63.60,

for each waste to be burned. You must

base this specification on the degree of

difficulty of incineration of the organic

constituents in the waste and on their

concentration or mass in the waste feed,

considering the results of waste analyses

or other data and information.

(d) Significant figures. The emission

limits provided by paragraphs (a) and

(b) of this section are presented with

two significant figures. Although you

must perform intermediate calculations

using at least three significant figures,

you may round the resultant emission

levels to two significant figures to

document compliance.
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53041

(e) Air emission standards for

equipment leaks, tanks, surface

impoundments, and containers. You are

subject to the air emission standards of

subparts BB and CC, part 264, of this

chapter.

§ 63.1204 What are the standards for

hazardous waste burning cement kilns?

(a) Emission limits for existing

sources. You must not discharge or

cause combustion gases to be emitted

into the atmosphere that contain:

(1) For dioxins and furans:

(i) Emissions in excess of 0.20 ng

TEQ/dscm corrected to 7 percent

oxygen; or

(ii) Emissions in excess of 0.40 ng

TEQ/dscm corrected to 7 percent

oxygen provided that the combustion

gas temperature at the inlet to the initial

dry particulate matter control device is

400°F or lower based on the average of

the test run average temperatures;

(2) Mercury in excess of 120 μg/dscm

corrected to 7 percent oxygen;

(3) Lead and cadmium in excess of

240 μg/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 56 μg/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) Carbon monoxide and

hydrocarbons. (i) For kilns equipped

with a by-pass duct or midkiln gas

sampling system, either:

(A) Carbon monoxide in the by-pass

duct or midkiln gas sampling system in

excess of 100 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis and corrected to 7

percent oxygen, and hydrocarbons in

the by-pass duct in excess of 10 parts

per million by volume over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); or

(B) Hydrocarbons in the by-pass duct

or midkiln gas sampling system in

excess of 10 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane;

(ii) For kilns not equipped with a bypass duct or midkiln gas sampling

system, either:

(A) Hydrocarbons in the main stack in

excess of 20 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

(B) Carbon monoxide in the main

stack in excess of 100 parts per million

by volume, over an hourly rolling

average (monitored continuously with a

continuous emissions monitoring

system), dry basis and corrected to 7

percent oxygen, and hydrocarbons in

the main stack in excess of 20 parts per

million by volume over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7).

(6) Hydrochloric acid and chlorine gas

in excess of 130 parts per million by

volume, combined emissions, expressed

as hydrochloric acid equivalents, dry

basis, corrected to 7 percent oxygen; and

(7) Particulate matter in excess of 0.15

kg/Mg dry feed and opacity greater than

20 percent.

(i) You must use suitable methods to

determine the kiln raw material

feedrate.

(ii) Except as provided in paragraph

(a)(7)(iii) of this section, you must

compute the particulate matter emission

rate, E, from the following equation:

E C Q P = × ( ) s sd /

where:

E = emission rate of particulate matter,

kg/Mg of kiln raw material feed;

Cs = concentration of particulate matter,

kg/dscm;

Qsd = volumetric flowrate of effluent gas,

dscm/hr;

P = total kiln raw material feed (dry

basis), Mg/hr.

(iii) If you operate a preheater or

preheater/precalciner kiln with dual

stacks, you must test simultaneously

and compute the combined particulate

matter emission rate, Ec, from the

following equation:

E C Q C Q P c sk sdk sb sdb = × + × ( )/

where:

Ec = the combined emission rate of

particulate matter from the kiln and

bypass stack, kg/Mg of kiln raw

material feed;

Csk = concentration of particulate matter

in the kiln effluent, kg/dscm;

Qsdk = volumetric flowrate of kiln

effluent gas, dscm/hr;

Csb = concentration of particulate matter

in the bypass stack effluent, kg/

dscm;

Qsdb = volumetric flowrate of bypass

stack effluent gas, dscm/hr;

P = total kiln raw material feed (dry

basis), Mg/hr.

(b) Emission limits for new sources.

You must not discharge or cause

combustion gases to be emitted into the

atmosphere that contain:

(1) For dioxins and furans:

(i) Emissions in excess of 0.20 ng

TEQ/dscm corrected to 7 percent

oxygen; or

(ii) Emissions in excess of 0.40 ng

TEQ/dscm corrected to 7 percent

oxygen provided that the combustion

gas temperature at the inlet to the initial

dry particulate matter control device is

400 °F or lower based on the average of

the test run average temperatures;

(2) Mercury in excess of 56 μg/dscm

corrected to 7 percent oxygen;

(3) Lead and cadmium in excess of

180 μg/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 54 μg/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) Carbon monoxide and

hydrocarbons. (i) For kilns equipped

with a by-pass duct or midkiln gas

sampling system, carbon monoxide and

hydrocarbons emissions are limited in

both the bypass duct or midkiln gas

sampling system and the main stack as

follows:

(A) Emissions in the by-pass or

midkiln gas sampling system are limited

to either:

(1) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen, and

hydrocarbons in excess of 10 parts per

million by volume over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); or

(2) Hydrocarbons in the by-pass duct

or midkiln gas sampling system in

excess of 10 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; and

(B) Hydrocarbons in the main stack

are limited, if construction of the kiln
53042 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

commenced after April 19, 1996 at a

plant site where a cement kiln (whether

burning hazardous waste or not) did not

previously exist, to 50 parts per million

by volume, over a 30-day block average

(monitored continuously with a

continuous monitoring system), dry

basis, corrected to 7 percent oxygen, and

reported as propane.

(ii) For kilns not equipped with a bypass duct or midkiln gas sampling

system, hydrocarbons and carbon

monoxide are limited in the main stack

to either:

(A) Hydrocarbons not exceeding 20

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis,

corrected to 7 percent oxygen, and

reported as propane; or

(B) (1) Carbon monoxide not

exceeding 100 part per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen; and

(2) Hydrocarbons not exceeding 20

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

monitoring system), dry basis, corrected

to 7 percent oxygen, and reported as

propane at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); and

(3) If construction of the kiln

commenced after April 19, 1996 at a

plant site where a cement kiln (whether

burning hazardous waste or not) did not

previously exist, hydrocarbons are

limited to 50 parts per million by

volume, over a 30-day block average

(monitored continuously with a

continuous monitoring system), dry

basis, corrected to 7 percent oxygen, and

reported as propane.

(6) Hydrochloric acid and chlorine gas

in excess of 86 parts per million,

combined emissions, expressed as

hydrochloric acid equivalents, dry basis

and corrected to 7 percent oxygen; and

(7) Particulate matter in excess of 0.15

kg/Mg dry feed and opacity greater than

20 percent.

(i) You must use suitable methods to

determine the kiln raw material

feedrate.

(ii) Except as provided in paragraph

(a)(7)(iii) of this section, you must

compute the particulate matter emission

rate, E, from the equation specified in

paragraph (a)(7)(ii) of this section.

(iii) If you operate a preheater or

preheater/precalciner kiln with dual

stacks, you must test simultaneously

and compute the combined particulate

matter emission rate, Ec, from the

equation specified in paragraph

(a)(7)(iii) of this section.

(c) Destruction and removal efficiency

(DRE) standard—(1) 99.99% DRE.

Except as provided in paragraph (c)(2)

of this section, you must achieve a

destruction and removal efficiency

(DRE) of 99.99% for each principle

organic hazardous constituent (POHC)

designated under paragraph (c)(3) of this

section. You must calculate DRE for

each POHC from the following equation:

DRE W W = − [ ] 1 100% ( ) out in / ×

Where:

Win=mass feedrate of one principal

organic hazardous constituent

(POHC) in a waste feedstream; and

Wout=mass emission rate of the same

POHC present in exhaust emissions

prior to release to the atmosphere

(2) 99.9999% DRE. If you burn the

dioxin-listed hazardous wastes FO20,

FO21, FO22, FO23, FO26, or FO27 (see

§ 261.31 of this chapter), you must

achieve a destruction and removal

efficiency (DRE) of 99.9999% for each

principle organic hazardous constituent

(POHC) that you designate under

paragraph (c)(3) of this section. You

must demonstrate this DRE performance

on POHCs that are more difficult to

incinerate than tetro-, penta-, and

hexachlorodibenzo-p-dioxins and

dibenzofurans. You must use the

equation in paragraph (c)(1) of this

section calculate DRE for each POHC. In

addition, you must notify the

Administrator of your intent to burn

hazardous wastes FO20, FO21, FO22,

FO23, FO26, or FO27.

(3) Principal organic hazardous

constituents (POHCs). (i) You must treat

the Principal Organic Hazardous

Constituents (POHCs) in the waste feed

that you specify under paragraph

(c)(3)(ii) of this section to the extent

required by paragraphs (c)(1) and (c)(2)

of this section.

(ii) You must specify one or more

POHCs from the list of hazardous air

pollutants established by 42 U.S.C.

7412(b)(1), excluding caprolactam (CAS

number 105602) as provided by § 63.60,

for each waste to be burned. You must

base this specification on the degree of

difficulty of incineration of the organic

constituents in the waste and on their

concentration or mass in the waste feed,

considering the results of waste analyses

or other data and information.

(d) Cement kilns with in-line kiln raw

mills—(1) General. (i) You must conduct

performance testing when the raw mill

is on-line and when the mill is off-line

to demonstrate compliance with the

emission standards, and you must

establish separate operating parameter

limits under § 63.1209 for each mode of

operation, except as provided by

paragraph (d)(1)(iv) of this section.

(ii) You must document in the

operating record each time you change

from one mode of operation to the

alternate mode and begin complying

with the operating parameter limits for

that alternate mode of operation.

(iii) You must establish rolling

averages for the operating parameter

limits anew (i.e., without considering

previous recordings) when you begin

complying with the operating limits for

the alternate mode of operation.

(iv) If your in-line kiln raw mill has

dual stacks, you may assume that the

dioxin/furan emission levels in the bypass stack and the operating parameter

limits determined during performance

testing of the by-pass stack when the

raw mill is off-line are the same as when

the mill is on-line.

(2) Emissions averaging. You may

comply with the mercury, semivolatile

metal, low volatile metal, and

hydrochloric acid/chlorine gas emission

standards on a time-weighted average

basis under the following procedures:

(i) Averaging methodology. You must

calculate the time-weighted average

emission concentration with the

following equation:

Where:

Ctotal=time-weighted average

concentration of a regulated

constituent considering both raw

mill on time and off time.

Cmill-off=average performance test

concentration of regulated

constituent with the raw mill offline.

Cmill-on=average performance test

concentration of regulated

constituent with the raw mill online.

Tmill-off=time when kiln gases are not

routed through the raw mill

Tmill-on=time when kiln gases are routed

through the raw mill

C C T T T C T T T total mill mill mill mill mill mill mill mill = × + { } -off -off -off -on -on -on -off -on ( ) / / ( ) + × + { } ( ) ( )
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53043

(ii) Compliance. (A) If you use this

emission averaging provision, you must

document in the operating record

compliance with the emission standards

on an annual basis by using the

equation provided by paragraph (d)(2) of

this section.

(B) Compliance is based on one-year

block averages beginning on the day you

submit the initial notification of

compliance.

(iii) Notification. (A) If you elect to

document compliance with one or more

emission standards using this emission

averaging provision, you must notify the

Administrator in the initial

comprehensive performance test plan

submitted under § 63.1207(e).

(B) You must include historical raw

mill operation data in the performance

test plan to estimate future raw mill

down-time and document in the

performance test plan that estimated

emissions and estimated raw mill downtime will not result in an exceedance of

an emission standard on an annual

basis.

(C) You must document in the

notification of compliance submitted

under § 63.1207(j) that an emission

standard will not be exceeded based on

the documented emissions from the

performance test and predicted raw mill

down-time.

(e) Preheater or preheater/precalciner

kilns with dual stacks.—(1) General.

You must conduct performance testing

on each stack to demonstrate

compliance with the emission

standards, and you must establish

operating parameter limits under

§ 63.1209 for each stack, except as

provided by paragraph (d)(1)(iv) of this

section for dioxin/furan emissions

testing and operating parameter limits

for the by-pass stack of in-line raw

mills.

(2) Emissions averaging. You may

comply with the mercury, semivolatile

metal, low volatile metal, and

hydrochloric acid/chlorine gas emission

standards specified in this section on a

gas flowrate-weighted average basis

under the following procedures:

(i) Averaging methodology. You must

calculate the gas flowrate-weighted

average emission concentration using

the following equation:

C C Q Q Q C Q Q Q tot main main main bypass bypass bypass main bypass = × + { } ( ) / / ( ) + × + { } ( ) ( )

Where

Ctot=gas flowrate-weighted average

concentration of the regulated

constituent

Cmain=average performance test

concentration demonstrated in the

main stack

Cbypass=average performance test

concentration demonstrated in the

bypass stack

Qmain=volumetric flowrate of main stack

effluent gas

Qbypass=volumetric flowrate of bypass

effluent gas

(ii) Compliance. (A) You must

demonstrate compliance with the

emission standard(s) using the emission

concentrations determined from the

performance tests and the equation

provided by paragraph (e)(1) of this

section; and

(B) You must develop operating

parameter limits for bypass stack and

main stack flowrates that ensure the

emission concentrations calculated with

the equation in paragraph (e)(1) of this

section do not exceed the emission

standards on a 12-hour rolling average

basis. You must include these flowrate

limits in the Notification of Compliance.

(iii) Notification. If you elect to

document compliance under this

emissions averaging provision, you

must:

(A) Notify the Administrator in the

initial comprehensive performance test

plan submitted under § 63.1207(e). The

performance test plan must include, at

a minimum, information describing the

flowrate limits established under

paragraph (e)(2)(ii)(B) of this section;

and

(B) Document in the Notification of

Compliance submitted under

§ 63.1207(j) the demonstrated gas

flowrate-weighted average emissions

that you calculate with the equation

provided by paragraph (e)(2) of this

section.

(f) Significant figures. The emission

limits provided by paragraphs (a) and

(b) of this section are presented with

two significant figures. Although you

must perform intermediate calculations

using at least three significant figures,

you may round the resultant emission

levels to two significant figures to

document compliance.

(g) Air emission standards for

equipment leaks, tanks, surface

impoundments, and containers. You are

subject to the air emission standards of

subparts BB and CC, part 264, of this

chapter.

(h) When you comply with the

particulate matter requirements of

paragraphs (a)(7) or (b)(7) of this section,

you are exempt from the New Source

Performance Standard for particulate

matter and opacity under § 60.60 of this

chapter.

§ 63.1205 What are the standards for

hazardous waste burning lightweight

aggregate kilns?

(a) Emission limits for existing

sources. You must not discharge or

cause combustion gases to be emitted

into the atmosphere that contain:

(1) For dioxins and furans:

(i) Emissions in excess of 0.20 ng

TEQ/dscm corrected to 7 percent

oxygen; or

(ii) Emissions in excess of 0.40 ng

TEQ/dscm corrected to 7 percent

oxygen provided that the combustion

gas temperature at the exit of the (last)

combustion chamber (or exit of any

waste heat recovery system) is rapidly

quenched to 400°F or lower based on

the average of the test run average

temperatures;

(2) Mercury in excess of 47 μg/dscm

corrected to 7 percent oxygen;

(3) Lead and cadmium in excess of

250 μg/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 110 μg/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) Carbon monoxide and

hydrocarbons. (i) Carbon monoxide in

excess of 100 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis and corrected to 7

percent oxygen, and hydrocarbons in

excess of 20 parts per million by volume

over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); or

(ii) Hydrocarbons in excess of 20 parts

per million by volume, over an hourly

rolling average, dry basis, corrected to 7

percent oxygen, and reported as

propane;

(6) Hydrochloric acid and chlorine gas

in excess of 230 parts per million by

volume, combined emissions, expressed

as hydrochloric acid equivalents, dry
53044 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

basis and corrected to 7 percent oxygen;

and

(7) Particulate matter in excess of 57

mg/dscm corrected to 7 percent oxygen.

(b) Emission limits for new sources.

You must not discharge or cause

combustion gases to be emitted into the

atmosphere that contain:

(1) For dioxins and furans:

(i) Emissions in excess of 0.20 ng

TEQ/dscm corrected to 7 percent

oxygen; or

(ii) Emissions in excess of 0.40 ng

TEQ/dscm corrected to 7 percent

oxygen provided that the temperature at

the exit of the (last) combustion

chamber (or exit of any waste heat

recovery system) is rapidly quenched to

400°F or lower based on the average of

the test run average temperatures;

(2) Mercury in excess of 33 μg/dscm

corrected to 7 percent oxygen;

(3) Lead and cadmium in excess of 43

μg/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 110 μg/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen, and

hydrocarbons in excess of 20 parts per

million by volume over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane, at any time during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7); or

(ii) Hydrocarbons in excess of 20 parts

per million by volume, over an hourly

rolling average, dry basis, corrected to 7

percent oxygen, and reported as

propane;

(6) Hydrochloric acid and chlorine gas

in excess of 41 parts per million by

volume, combined emissions, expressed

as hydrochloric acid equivalents, dry

basis and corrected to 7 percent oxygen;

and

(7) Particulate matter in excess of 57

mg/dscm corrected to 7 percent oxygen.

(c) Destruction and removal efficiency

(DRE) standard—(1) 99.99% DRE.

Except as provided in paragraph (c)(2)

of this section, you must achieve a

destruction and removal efficiency

(DRE) of 99.99% for each principal

organic hazardous constituent (POHC)

designated under paragraph (c)(3) of this

section. You must calculate DRE for

each POHC from the following equation:

DRE W W = − [ ] 1 100% ( ) out in / ×

Where:

Win=mass feedrate of one principal

organic hazardous constituent

(POHC) in a waste feedstream; and

Wout=mass emission rate of the same

POHC present in exhaust emissions

prior to release to the atmosphere

(2) 99.9999% DRE. If you burn the

dioxin-listed hazardous wastes FO20,

FO21, FO22, FO23, FO26, or FO27 (see

§ 261.31 of this chapter), you must

achieve a destruction and removal

efficiency (DRE) of 99.9999% for each

principal organic hazardous constituent

(POHC) that you designate under

paragraph (c)(3) of this section. You

must demonstrate this DRE performance

on POHCs that are more difficult to

incinerate than tetro-, penta-, and

hexachlorodibenzo-dioxins and

dibenzofurans. You must use the

equation in paragraph (c)(1) of this

section calculate DRE for each POHC. In

addition, you must notify the

Administrator of your intent to burn

hazardous wastes FO20, FO21, FO22,

FO23, FO26, or FO27.

(3) Principal organic hazardous

constituents (POHCs). (i) You must treat

the Principal Organic Hazardous

Constituents (POHCs) in the waste feed

that you specify under paragraph

(c)(3)(ii) of this section to the extent

required by paragraphs (c)(1) and (c)(2)

of this section.

(ii) You must specify one or more

POHCs from the list of hazardous air

pollutants established by 42 U.S.C.

7412(b)(1), excluding caprolactam (CAS

number 105602) as provided by § 63.60,

for each waste to be burned. You must

base this specification on the degree of

difficulty of incineration of the organic

constituents in the waste and on their

concentration or mass in the waste feed,

considering the results of waste analyses

or other data and information.

(d) Significant figures. The emission

limits provided by paragraphs (a) and

(b) of this section are presented with

two significant figures. Although you

must perform intermediate calculations

using at least three significant figures,

you may round the resultant emission

levels to two significant figures to

document compliance.

(e) Air emission standards for

equipment leaks, tanks, surface

impoundments, and containers. You are

subject to the air emission standards of

subparts BB and CC, part 264, of this

chapter.

Monitoring and Compliance Provisions

§ 63.1206 When and how must you comply

with the standards and operating

requirements?

(a) Compliance dates— (1)

Compliance date for existing sources.

You must comply with the standards of

this subpart no later than September 30,

2002 unless the Administrator grants

you an extension of time under § 63.6(i)

or § 63.1213, or you comply with the

requirements of paragraph (a)(2) of this

section for sources that do not intend to

comply with the emission standards.

(2) Sources that do not intend to

comply. Except for those sources

meeting the requirements of

§ 63.1210(b)(1)(iv), sources:

(i) That signify in their Notification of

Intent to Comply (NIC) an intent not to

comply with the requirements of this

subpart, must stop burning hazardous

waste on or before October 1, 2001.

(ii) That do not intend to comply with

this subpart must include in their NIC

a schedule that includes key dates for

the steps to be taken to stop burning

hazardous waste. Key dates include the

date for submittal of RCRA closure

documents required under subpart G,

part 264, of this chapter.

(3) New or reconstructed sources. (i) If

you commenced construction or

reconstruction of your hazardous waste

combustor after April 19, 1996, you

must comply with this subpart by the

later of September 30, 1999 or the date

the source starts operations, except as

provided by paragraph (a)(3)(ii) of this

section.

(ii) For a standard in this subpart that

is more stringent than the standard

proposed on April 19, 1996, you may

achieve compliance no later than

September 30, 2002 if you comply with

the standard proposed on April 19, 1996

after September 30, 1999. This

exception does not apply, however, to

new or reconstructed area source

hazardous waste combustors that

become major sources after September

30, 1999. As provided by § 63.6(b)(7),

such sources must comply with this

subpart at startup.

(b) Compliance with standards—(1)

Applicability. The emission standards
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53045

and operating requirements set forth in

this subpart apply at all times except:

(i) During startup, shutdown, and

malfunction, provided that hazardous

waste is not in the combustion chamber

(i.e., the hazardous waste feed to the

combustor has been cutoff for a period

of time not less than the hazardous

waste residence time) during those

periods of operation, as provided by

paragraph (c)(2)(ii) of this section; and

(ii) When hazardous waste is not in

the combustion chamber (i.e., the

hazardous waste feed to the combustor

has been cutoff for a period of time not

less than the hazardous waste residence

time), and you have:

(A) Submitted a written, one-time

notice to the Administrator

documenting compliance with all

applicable requirements and standards

promulgated under authority of the

Clean Air Act, including sections 112

and 129; and

(B) Documented in the operating

record that you are complying with such

applicable requirements in lieu of the

emission standards and operating

requirements of this subpart.

(2) Methods for determining

compliance. The Administrator will

determine compliance with the

emission standards of this subpart as

provided by § 63.6(f)(2). Conducting

performance testing under operating

conditions representative of the extreme

range of normal conditions is consistent

with the requirements of

§§ 63.6(f)(2)(iii)(B) and 63.7(e)(1) to

conduct performance testing under

representative operating conditions.

(3) Finding of compliance. The

Administrator will make a finding

concerning compliance with the

emission standards and other

requirements of this subpart as provided

by § 63.6(f)(3).

(4) Extension of compliance with

emission standards. The Administrator

may grant an extension of compliance

with the emission standards of this

subpart as provided by §§ 63.6(i) and

63.1213.

(5) Changes in design, operation, or

maintenance—(i) Changes that may

adversely affect compliance. If you plan

to change (as defined in paragraph

(b)(6)(iii) of this section) the design,

operation, or maintenance practices of

the source in a manner that may

adversely affect compliance with any

emission standard that is not monitored

with a CEMS:

(A) Notification. You must notify the

Administrator at least 60 days prior to

the change, unless you document

circumstances that dictate that such

prior notice is not reasonably feasible.

The notification must include:

(1) A description of the changes and

which emission standards may be

affected; and

(2) A comprehensive performance test

schedule and test plan under the

requirements of § 63.1207(f) that will

document compliance with the affected

emission standard(s);

(B) Performance test. You must

conduct a comprehensive performance

test under the requirements of

§§ 63.1207(f)(1) and (g)(1) to document

compliance with the affected emission

standard(s) and establish operating

parameter limits as required under

§ 63.1209, and submit to the

Administrator a Notification of

Compliance under §§ 63.1207(j) and

63.1210(d); and

(C) Restriction on waste burning. (1)

Except as provided by paragraph

(b)(5)(i)(C)(2) of this section, after the

change and prior to submitting the

notification of compliance, you must

not burn hazardous waste for more than

a total of 720 hours and only for

purposes of pretesting or comprehensive

performance testing.

(2) You may petition the

Administrator to obtain written

approval to burn hazardous waste in the

interim prior to submitting a

Notification of Compliance for purposes

other than testing or pretesting. You

must specify operating requirements,

including limits on operating

parameters, that you determine will

ensure compliance with the emission

standards of this subpart based on

available information. The

Administrator will review, modify as

necessary, and approve if warranted the

interim operating requirements.

(ii) Changes that will not affect

compliance. If you determine that a

change will not adversely affect

compliance with the emission standards

or operating requirements, you must

document the change in the operating

record upon making such change. You

must revise as necessary the

performance test plan, Documentation

of Compliance, Notification of

Compliance, and start-up, shutdown,

and malfunction plan to reflect these

changes.

(iii) Definition of ‘‘change’’. For

purposes of paragraph (b)(6) of this

section, ‘‘change’’ means any change in

design, operation, or maintenance

practices that were documented in the

comprehensive performance test plan,

Notification of Compliance, or startup,

shutdown, and malfunction plan.

(6) Compliance with the carbon

monoxide and hydrocarbon emission

standards. This paragraph applies to

sources that elect to comply with the

carbon monoxide and hydrocarbon

emissions standards under §§ 63.1203

through 63.1205 by documenting

continuous compliance with the carbon

monoxide standard using a continuous

emissions monitoring system and

documenting compliance with the

hydrocarbon standard during the

destruction and removal efficiency

(DRE) performance test or its equivalent.

(i) If a DRE test performed after March

30, 1998 is acceptable as documentation

of compliance with the DRE standard,

you may use the highest hourly rolling

average hydrocarbon level achieved

during those DRE test runs to document

compliance with the hydrocarbon

standard. An acceptable DRE test is a

test that was used to support successful

issuance or reissuance of an operating

permit under part 270 of this chapter.

(ii) If during this acceptable DRE test

you did not obtain hydrocarbon

emissions data sufficient to document

compliance with the hydrocarbon

standard, you must either:

(A) Perform, as part of the

performance test, an ‘‘equivalent DRE

test’’ to document compliance with the

hydrocarbon standard. An equivalent

DRE test is comprised of a minimum of

three runs each with a minimum

duration of one hour during which you

operate the combustor as close as

reasonably possible to the operating

parameter limits that you established

based on the initial DRE test. You must

use the highest hourly rolling average

hydrocarbon emission level achieved

during the equivalent DRE test to

document compliance with the

hydrocarbon standard; or (B) Perform a

DRE test as part of the performance test.

(7) Compliance with the DRE

standard. (i) Except as provided in

paragraphs (b)(7)(ii) and (b)(7)(iii) of this

section:

(A) You must document compliance

with the Destruction and Removal

Efficiency (DRE) standard under

§§ 63.1203 through 63.1205 only once

provided that you do not modify the

source after the DRE test in a manner

that could affect the ability of the source

to achieve the DRE standard; and

(B) You may use DRE testing

performed after March 30, 1998 for

purposes of issuance or reissuance of a

RCRA permit under part 270 of this

chapter to document conformance with

the DRE standard if you have not

modified the design or operation of the

source since the DRE test in a manner

that could affect the ability of the source

to achieve the DRE standard.

(ii) For sources that feed hazardous

waste at a location in the combustion

system other than the normal flame

zone:
53046 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

(A) You must demonstrate

compliance with the DRE standard

during each comprehensive

performance test; and

(B) You may use DRE testing

performed after March 30, 1998 for

purposes of issuance or reissuance of a

RCRA permit under part 270 of this

chapter to document conformance with

the DRE standard in lieu of DRE testing

during the initial comprehensive

performance test if you have not

modified the design or operation of the

source since the DRE test in a manner

that could affect the ability of the source

to achieve the DRE standard.

(iii) For sources that do not use DRE

testing performed prior to the

compliance date to document

conformance with the DRE standard,

you must perform DRE testing during

the initial comprehensive performance

test.

(8) Applicability of particulate matter

and opacity standards during

particulate matter CEMS correlation

tests. (i) Any particulate matter and

opacity standards of parts 60, 61, 63,

264, 265, and 266 of this chapter (i.e.,

any title 40 particulate or opacity

standards) applicable to a hazardous

waste combustor do not apply while

you conduct particulate matter

continuous emissions monitoring

system (CEMS) correlation tests (i.e.,

correlation with manual stack methods)

under the conditions of paragraphs

(b)(8)(iii) through (vii) of this section.

(ii) Any permit or other emissions or

operating parameter limits or

conditions, including any limitation on

workplace practices, that are applicable

to hazardous waste combustors to

ensure compliance with any particulate

matter and opacity standards of parts

60, 61, 63, 264, 265, and 266 of this

chapter (i.e., any title 40 particulate or

opacity standards) do not apply while

you conduct particulate matter CEMS

correlation tests under the conditions of

paragraphs (b)(8)(iii) through (vii) of this

section.

(iii) For the provisions of this section

to apply, you must:

(A) Develop a particulate matter

CEMS correlation test plan that includes

the following information. This test plan

may be included as part of the

comprehensive performance test plan

required under §§ 63.1207(e) and (f):

(1) Number of test conditions and

number of runs for each test condition;

(2) Target particulate matter emission

level for each test condition;

(3) How you plan to modify

operations to attain the desired

particulate matter emission levels; and

(4) Anticipated normal particulate

matter emission levels; and

(B) Submit the test plan to the

Administrator for approval at least 90

calendar days before the correlation test

is scheduled to be conducted.

(iv) The Administrator will review

and approve/disapprove the correlation

test plan under the procedures for

review and approval of the site-specific

test plan provided by § 63.7(c)(3)(i) and

(iii). If the Administrator fails to

approve or disapprove the correlation

test plan within the time period

specified by § 63.7(c)(3)(i), the plan is

considered approved, unless the

Administrator has requested additional

information.

(v) The particulate matter and opacity

standards and associated operating

limits and conditions will not be waived

for more than 96 hours, in the aggregate,

for a correlation test, including all runs

of all test conditions.

(vi) The stack sampling team must be

on-site and prepared to perform

correlation testing no later than 24

hours after you modify operations to

attain the desired particulate matter

emissions concentrations, unless you

document in the correlation test plan

that a longer period of conditioning is

appropriate.

(vii) You must return to operating

conditions indicative of compliance

with the applicable particulate matter

and opacity standards as soon as

possible after correlation testing is

completed.

(9) Alternative standards for existing

or new hazardous waste burning

lightweight aggregate kilns using MACT.

(i) You may petition the Administrator

to recommend alternative semivolatile

metal, low volatile metal, mercury, or

hydrochloric acid/chlorine gas emission

standards if:

(A) You cannot achieve one or more

of these standards while using

maximum achievable control

technology (MACT) because of the raw

material contribution to emissions of the

regulated metals or hydrochloric acid/

chlorine gas; or

(B) You determine that mercury is not

present at detectable levels in your raw

material.

(ii) The alternative standard that you

recommend under paragraph (b)(9)(i)(A)

of this section may be an operating

requirement, such as a hazardous waste

feedrate limitation for metals and/or

chlorine, and/or an emission limitation.

(iii) The alternative standard must

include a requirement to use MACT, or

better, applicable to the standard for

which the source is seeking relief, as

defined in paragraphs (b)(9)(viii) and

(ix) of this section.

(iv) Documentation required. (A) The

alternative standard petition you submit

under paragraph (b)(9)(i)(A) of this

section must include data or

information documenting that raw

material contributions to emissions of

the regulated metals or hydrochloric

acid/chlorine gas prevent you from

complying with the emission standard

even though the source is using MACT,

as defined in paragraphs (b)(9)(viii) and

(ix) of this section, for the standard for

which you are seeking relief.

(B) Alternative standard petitions that

you submit under paragraph (b)(9)(i)(B)

of this section must include data or

information documenting that mercury

is not present at detectable levels in raw

materials.

(v) You must include data or

information with semivolatile metal and

low volatility metal alternative standard

petitions that you submit under

paragraph (b)(9)(i)(A) of this section

documenting that increased chlorine

feedrates associated with the burning of

hazardous waste, when compared to

non-hazardous waste operations, do not

significantly increase metal emissions

attributable to raw materials.

(vi) You must include data or

information with semivolatile metal,

low volatile metal, and hydrochloric

acid/chlorine gas alternative standard

petitions that you submit under

paragraph (b)(9)(i)(A) of this section

documenting that semivolatile metal,

low volatile metal, and hydrochloric

acid/chlorine gas emissions attributable

to the hazardous waste only will not

exceed the emission standards in

§ 63.1205(a) and (b).

(vii) You must not operate pursuant to

your recommended alternative

standards in lieu of emission standards

specified in § 63.1205(a) and (b):

(A) Unless the Administrator

approves the provisions of the

alternative standard petition request or

establishes other alternative standards;

and

(B) Until you submit a revised

Notification of Compliance that

incorporates the revised standards.

(viii) For purposes of this alternative

standard provision, MACT for existing

hazardous waste burning lightweight

aggregate kilns is defined as:

(A) For mercury, a hazardous waste

feedrate corresponding to an MTEC of

24μg/dscm or less;

(B) For semivolatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 280,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 57 mg/dscm or less;

(C) For low volatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 120,000 μg/dscm or less,

and use of a particulate matter control
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53047

device that achieves particulate matter

emissions of 57 mg/dscm or less; and

(D) For hydrochloric acid/chlorine

gas, a hazardous waste chlorine feedrate

corresponding to an MTEC of 2,000,000

μg/dscm or less, and use of an air

pollution control device with a

hydrochloric acid/chlorine gas removal

efficiency of 85 percent or greater.

(ix) For purposes of this alternative

standard provision, MACT for new

hazardous waste burning lightweight

aggregate kilns is defined as:

(A) For mercury, a hazardous waste

feedrate corresponding to an MTEC of 4

μg/dscm or less;

(B) For semivolatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 280,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 57 mg/dscm or less;

(C) For low volatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 46,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 57 mg/dscm or less;

(D) For hydrochloric acid/chlorine

gas, a hazardous waste chlorine feedrate

corresponding to an MTEC of

14,000,000 μg/dscm or less, and use of

a wet scrubber with a hydrochloric acid/

chlorine gas removal efficiency of 99.6

percent or greater.

(10) Alternative standards for existing

or new hazardous waste burning cement

kilns using MACT. (i) You may petition

the Administrator to recommend

alternative semivolatile, low volatile

metal, mercury, and/or hydrochloric

acid/chlorine gas emission standards if:

(A) You cannot achieve one or more

of these standards while using

maximum achievable control

technology (MACT) because of raw

material contributions to emissions of

the regulated metals or hydrochloric

acid/chlorine gas; or (B) You determine

that mercury is not present at detectable

levels in your raw material.

(ii) The alternative standard that you

recommend under paragraph

(b)(10)(i)(A) of this section may be an

operating requirement, such as a

hazardous waste feedrate limitation for

metals and/or chlorine, and/or an

emission limitation.

(iii) The alternative standard must

include a requirement to use MACT, or

better, applicable to the standard for

which the source is seeking relief, as

defined in paragraphs (b)(10)(viii) and

(ix) of this section.

(iv) Documentation required. (A) The

alternative standard petition you submit

under paragraph (b)(10)(i)(A) of this

section must include data or

information documenting that raw

material contributions to emissions

prevent you from complying with the

emission standard even though the

source is using MACT, as defined in

paragraphs (b)(10)(viii) and (ix) of this

section, for the standard for which you

are seeking relief.

(B) Alternative standard petitions that

you submit under paragraph (b)(10)(i)(B)

of this section must include data or

information documenting that mercury

is not present at detectable levels in raw

materials.

(v) You must include data or

information with semivolatile metal and

low volatile metal alternative standard

petitions that you submit under

paragraph (b)(10)(i)(A) of this section

documenting that increased chlorine

feedrates associated with the burning of

hazardous waste, when compared to

non-hazardous waste operations, do not

significantly increase metal emissions

attributable to raw materials.

(vi) You must include data or

information with semivolatile metal,

low volatile metal, and hydrochloric

acid/chlorine gas alternative standard

petitions that you submit under

paragraph (b)(10)(i)(A) of this section

documenting that emissions of the

regulated metals and hydrochloric acid/

chlorine gas attributable to the

hazardous waste only will not exceed

the emission standards in § 63.1204(a)

and (b).

(vii) You must not operate pursuant to

your recommended alternative

standards in lieu of emission standards

specified in § 63.1204(a) and (b):

(A) Unless the Administrator

approves the provisions of the

alternative standard petition request or

establishes other alternative standards;

and

(B) Until you submit a revised

Notification of Compliance that

incorporates the revised standards.

(viii) For purposes of this alternative

standard provision, MACT for existing

hazardous waste burning cement kilns

is defined as:

(A) For mercury, a hazardous waste

feedrate corresponding to an MTEC of

88μg/dscm or less;

(B) For semivolatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 31,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 0.15 kg/Mg dry feed or less;

(C) For low volatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 54,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 0.15 kg/Mg dry feed or less;

and

(D) For hydrochloric acid/chlorine

gas, a hazardous waste chlorine feedrate

corresponding to an MTEC of 720,000

μg/dscm or less.

(ix) For purposes of this alternative

standard provision, MACT for new

hazardous waste burning cement kilns

is defined as:

(A) For mercury, a hazardous waste

feedrate corresponding to an MTEC of 7

μg/dscm or less;

(B) For semivolatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 31,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 0.15 kg/Mg dry feed or less;

(C) For low volatile metals, a

hazardous waste feedrate corresponding

to an MTEC of 15,000 μg/dscm or less,

and use of a particulate matter control

device that achieves particulate matter

emissions of 0.15 kg/Mg dry feed or less;

(D) For hydrochloric acid/chlorine

gas, a hazardous waste chlorine feedrate

corresponding to an MTEC of 420,000

μg/dscm or less.

(11) Calculation of hazardous waste

residence time. You must calculate the

hazardous waste residence time and

include the calculation in the

performance test plan under § 63.1207(f)

and the operating record. You must also

provide the hazardous waste residence

time in the Documentation of

Compliance under § 63.1211(d) and the

Notification of Compliance under

§§ 63.1207(j) and 63.1210(d).

(12) Documenting compliance with

the standards based on performance

testing. (i) You must conduct a

minimum of three runs of a performance

test required under § 63.1207 to

document compliance with the

emission standards of this subpart.

(ii) You must document compliance

with the emission standards based on

the arithmetic average of the emission

results of each run, except that you must

document compliance with the

destruction and removal efficiency

standard for each run of the

comprehensive performance test

individually.

(13) Cement kilns and lightweight

aggregate kilns that feed hazardous

waste at a location other than the end

where products are normally discharged

and where fuels are normally fired. (i)

Cement kilns that feed hazardous waste

at a location other than the end where

products are normally discharged and

where fuels are normally fired must

comply with the hydrocarbon standards

of § 63.1204 as follows:

(A) Existing sources must comply

with the 20 parts per million by volume

hydrocarbon standard in the main stack

under § 63.1204(a)(5)(ii)(A);
53048 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

(B) New sources must comply with

the 20 parts per million by volume

hydrocarbon standard in the main stack

under § 63.1204(b)(5)(ii)(A).

(ii) Lightweight aggregate kilns that

feed hazardous waste at a location other

than the end where products are

normally discharged and where fuels

are normally fired must comply with the

hydrocarbon standards of § 63.1205 as

follows:

(A) Existing sources must comply

with the 20 parts per million by volume

hydrocarbon standard under

§ 63.1205(a)(5)(ii);

(B) New sources must comply with

the 20 parts per million by volume

hydrocarbon standard under

§ 63.1205(b)(5)(ii).

(14) Alternative particulate matter

standard for incinerators with de

minimis metals. (i) General. You may

petition the Administrator for an

alternative particulate matter standard

of 68 mg/dscm, corrected to 7% oxygen,

if you meet the de minimis metals

criteria of paragraph (b)(14)(ii) of this

section.

(ii) Documentation required. The

alternative standard petition you submit

under paragraph (b)(14)(i) of this section

must include data or information

documenting that:

(A) Your feedstreams do not contain

detectable levels of antimony, cobalt,

manganese, nickel, selenium, lead,

cadmium, chromium, arsenic and

beryllium;

(B) Your combined uncontrolled lead,

cadmium and selenium emissions,

when assuming these metals are present

in your feedstreams at one-half the

detection limit, are below 240 ug/dscm,

corrected to 7% oxygen.

(C) Your combined uncontrolled

antimony, cobalt, manganese, nickel,

chromium, arsenic and beryllium

emissions, when assuming these metals

are present in your feedstreams at onehalf the detection limit, are below 97

ug/dscm, corrected to 7% oxygen.

(iii) Frequency of analysis. You must

sample and analyze your feedstreams at

least annually to document that you

meet the de minimis criteria in

paragraph (b)(14)(ii) of this section.

(iv) You must not operate pursuant to

this alternative standard unless the

Administrator determines and provides

written confirmation that you meet the

eligibility requirements in paragraph

(b)(14)(ii) of this section.

(c) Operating requirements.—(1)

General. (i) You must operate only

under the operating requirements

specified in the Documentation of

Compliance under § 63.1211(d) or the

Notification of Compliance under

§§ 63.1207(j) and 63.1210(d), except:

(A) During performance tests under

approved test plans according to

§ 63.1207(e), (f), and (g), and

(B) Under the conditions of paragraph

(b)(1)(i) or (ii) of this section;

(ii) The Documentation of Compliance

and the Notification of Compliance

must contain operating requirements

including, but not limited to, the

operating requirements in this section

and § 63.1209

(iii) Failure to comply with the

operating requirements is failure to

ensure compliance with the emission

standards of this subpart;

(iv) Operating requirements in the

Notification of Compliance are

applicable requirements for purposes of

parts 70 and 71 of this chapter;

(v) The operating requirements

specified in the Notification of

Compliance will be incorporated in the

title V permit.

(2) Startup, shutdown, and

malfunction plan. (i) Except as provided

by paragraph (c)(2)(ii) of this section,

you are subject to the startup,

shutdown, and malfunction plan

requirements of § 63.6(e)(3).

(ii) Even if you follow the startup and

shutdown procedures and the corrective

measures upon a malfunction that are

prescribed in the startup, shutdown,

and malfunction plan, the emission

standards and operating requirements of

this subpart apply if hazardous waste is

in the combustion chamber (i.e., if you

are feeding hazardous waste or if

startup, shutdown, or a malfunction

occurs before the hazardous waste

residence time has transpired after

hazardous waste cutoff).

(iii) You must identify in the plan a

projected oxygen correction factor based

on normal operations to use during

periods of startup and shutdown.

(iv) You must record the plan in the

operating record.

(3) Automatic waste feed cutoff

(AWFCO).— (i) General. Upon the

compliance date, you must operate the

hazardous waste combustor with a

functioning system that immediately

and automatically cuts off the hazardous

waste feed, except as provided by

paragraph (c)(3)(viii) of this section:

(A) When any of the following are

exceeded: Operating parameter limits

specified under § 63.1209; an emission

standard monitored by a CEMS; and the

allowable combustion chamber

pressure;

(B) When the span value of any CMS

detector, except a CEMS, is met or

exceeded;

(C) Upon malfunction of a CMS

monitoring an operating parameter limit

specified under § 63.1209 or an

emission level; or

(D) When any component of the

automatic waste feed cutoff system fails.

(ii) Ducting of combustion gases.

During an AWFCO, you must continue

to duct combustion gasses to the air

pollution control system while

hazardous waste remains in the

combustion chamber (i.e., if the

hazardous waste residence time has not

transpired since the hazardous waste

feed cutoff system was activated).

(iii) Restarting waste feed. You must

continue to monitor during the cutoff

the operating parameters for which

limits are established under § 63.1209

and the emissions required under that

section to be monitored by a CEMS, and

you must not restart the hazardous

waste feed until the operating

parameters and emission levels are

within the specified limits.

(iv) Failure of the AWFCO system. If

the AWFCO system fails to

automatically and immediately cutoff

the flow of hazardous waste upon

exceedance of parameter required to be

interlocked with the AWFCO system

under paragraph (c)(3)(i) of this section,

you have failed to comply with the

AWFCO requirements of paragraph

(c)(3) of this section.

(v) Corrective measures. If, after any

AWFCO, there is an exceedance of an

emission standard or operating

requirement, irrespective of whether the

exceedance occurred while hazardous

waste remained in the combustion

chamber (i.e., whether the hazardous

waste residence time has transpired

since the hazardous waste feed cutoff

system was activated), you must

investigate the cause of the AWFCO,

take appropriate corrective measures to

minimize future AWFCOs, and record

the findings and corrective measures in

the operating record.

(vi) Excessive exceedance reporting.

(A) For each set of 10 exceedances of an

emission standard or operating

requirement while hazardous waste

remains in the combustion chamber

(i.e., when the hazardous waste

residence time has not transpired since

the hazardous waste feed was cutoff)

during a 60-day block period, you must

submit to the Administrator a written

report within 5 calendar days of the

10th exceedance documenting the

exceedances and results of the

investigation and corrective measures

taken.

(B) On a case-by-case basis, the

Administrator may require excessive

exceedance reporting when fewer than

10 exceedances occur during a 60-day

block period.

(vii) Testing. The AWFCO system and

associated alarms must be tested at least

weekly to verify operability, unless you
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53049

document in the operating record that

weekly inspections will unduly restrict

or upset operations and that less

frequent inspection will be adequate. At

a minimum, you must conduct

operability testing at least monthly. You

must document and record in the

operating record AWFCO operability

test procedures and results.

(viii) Ramping down waste feed. (A)

You may ramp down the waste feedrate

of pumpable hazardous waste over a

period not to exceed one minute, except

as provided by paragraph (c)(3)(viii)(B)

of this section. If you elect to ramp

down the waste feed, you must

document ramp down procedures in the

operating and maintenance plan. The

procedures must specify that the ramp

down begins immediately upon

initiation of automatic waste feed cutoff

and the procedures must prescribe a

bona fide ramping down. If an emission

standard or operating limit is exceeded

during the ramp down, you have failed

to comply with the emission standards

or operating requirements of this

subpart.

(B) If the automatic waste feed cutoff

is triggered by an exceedance of any of

the following operating limits, you may

not ramp down the waste feed cutoff:

Minimum combustion chamber

temperature, maximum hazardous waste

feedrate, or any hazardous waste firing

system operating limits that may be

established for your combustor.

(4) ESV openings.—(i) Failure to meet

standards. If an emergency safety vent

(ESV) opens when hazardous waste

remains in the combustion chamber

(i.e., when the hazardous waste

residence time has not transpired since

the hazardous waste feed cutoff system

was activated) such that combustion

gases are not treated as during the most

recent comprehensive performance test

(e.g., if the combustion gas by-passes

any emission control device that was

operating during the performance test),

it is evidence of your failure to comply

with the emission standards of this

subpart.

(ii) ESV operating plan. (A) You must

develop an ESV operating plan, comply

with the operating plan, and keep the

plan in the operating record.

(B) The ESV operating plan must

provide detailed procedures for rapidly

stopping the waste feed, shutting down

the combustor, and maintaining

temperature and negative pressure in

the combustion chamber during the

hazardous waste residence time, if

feasible. The plan must include

calculations and information and data

documenting the effectiveness of the

plan’s procedures for ensuring that

combustion chamber temperature and

negative pressure are maintained as is

reasonably feasible.

(iii) Corrective measures. After any

ESV opening that results in a failure to

meet the emission standards as defined

in paragraph (c)(4)(i) of this section, you

must investigate the cause of the ESV

opening, take appropriate corrective

measures to minimize such future ESV

openings, and record the findings and

corrective measures in the operating

record.

(iv) Reporting requirement. You must

submit to the Administrator a written

report within 5 days of an ESV opening

that results in failure to meet the

emission standards of this subpart (as

defined in paragraph (c)(4)(i) of this

section) documenting the result of the

investigation and corrective measures

taken.

(5) Combustion system leaks. (i)

Combustion system leaks of hazardous

air pollutants must be controlled by:

(A) Keeping the combustion zone

sealed to prevent combustion system

leaks; or

(B) Maintaining the maximum

combustion zone pressure lower than

ambient pressure using an

instantaneous monitor; or

(C) Upon prior written approval of the

Administrator, an alternative means of

control to provide control of combustion

system leaks equivalent to maintenance

of combustion zone pressure lower than

ambient pressure; and

(ii) You must specify in the operating

record the method used for control of

combustion system leaks.

(6) Operator training and certification.

(i) You must establish a training and

certification program for each person

who has responsibilities affecting

operations that may affect emissions of

hazardous air pollutants from the

source. Such persons include, but are

not limited to, chief facility operators,

control room operators, continuous

monitoring system operators, persons

that sample and analyze feedstreams,

persons that manage and charge

feedstreams to the combustor, persons

that operate emission control devices,

ash and waste handlers, and

maintenance personnel.

(ii) You must ensure that the source

is operated and maintained at all times

by persons who are trained and certified

to perform these and any other duties

that may affect emissions of hazardous

air pollutants.

(iii) For hazardous waste incinerators,

the training and certification program

must conform to a state-approved

training and certification program or, if

there is no such state program, to the

American Society of Mechanical

Engineers Standard Number QHO–1–

1994.

(iv) For hazardous waste burning

cement and lightweight aggregate kilns,

the training and certification program

must be approved by the state or the

Administrator, and must be complete

and reliable and conform to principles

of good operator and operating practices

(including training and certification).

(v) You must record the operator

training and certification program in the

operating record.

(7) Operation and maintenance

plan.—(i) General. (A) You must

prepare and at all times operate

according to an operation and

maintenance plan that describes in

detail procedures for operation,

inspection, maintenance, and corrective

measures for all components of the

combustor, including associated

pollution control equipment, that could

affect emissions of regulated hazardous

air pollutants.

(B) The plan must prescribe how you

will operate and maintain the

combustor in a manner consistent with

good air pollution control practices for

minimizing emissions at least to the

levels achieved during the

comprehensive performance test.

(C) This plan ensures compliance

with the operation and maintenance

requirements of § 63.6(e) and minimizes

emissions of pollutants, automatic waste

feed cutoffs, and malfunctions.

(D) You must record the plan in the

operating record.

(ii) Requirements for baghouses at

lightweight aggregate kilns and

incinerators. If you own or operate a

hazardous waste incinerator or

hazardous waste burning lightweight

aggregate kiln equipped with a baghouse

(fabric filter), you must prepare and at

all times operate according to an

operations and maintenance plan that

describes in detail procedures for

inspection, maintenance, and bag leak

detection and corrective measures for

each baghouse used to comply with the

standards under this subpart.

(A) The operation and maintenance

plan for baghouses must be submitted to

the Administrator with the initial

comprehensive performance test plan

for review and approval.

(B) The procedures specified in the

operations and maintenance plan for

inspections and routine maintenance of

a baghouse must, at a minimum, include

the following requirements:

(1) Daily visual observation of

baghouse discharge or stack;

(2) Daily confirmation that dust is

being removed from hoppers through

visual inspection, or equivalent means
53050 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

of ensuring the proper functioning of

removal mechanisms;

(3) Daily check of compressed air

supply for pulse-jet baghouses;

(4) Daily visual inspection of isolation

dampers for proper operation;

(5) An appropriate methodology for

monitoring cleaning cycles to ensure

proper operation;

(6) Weekly check of bag cleaning

mechanisms for proper functioning

through visual inspection or equivalent

means;

(7) Weekly check of bag tension on

reverse air and shaker-type baghouses.

Such checks are not required for shakertype baghouses using self-tensioning

(spring loaded) devices;

(8) Monthly confirmation of the

physical integrity of the baghouse

through visual inspection of the

baghouse interior for air leaks;

(9) Monthly inspection of bags and

bag connections;

(10) Quarterly inspection of fans for

wear, material buildup, and corrosion

through visual inspection, vibration

detectors, or equivalent means; and

(11) Continuous operation of a bag

leak detection system as a continuous

monitor.

(C) The procedures for maintenance

specified in the operation and

maintenance plan must, at a minimum,

include a preventative maintenance

schedule that is consistent with the

baghouse manufacturer’s instructions

for routine and long-term maintenance.

(D) The bag leak detection system

required by paragraph (c)(7)(ii)(B)(11) of

this section must meet the following

specifications and requirements:

(1) The bag leak detection system

must be certified by the manufacturer to

be capable of continuously detecting

and recording particulate matter

emissions at concentrations of 1.0

milligram per actual cubic meter or less;

(2) The bag leak detection system

sensor must provide output of relative

particulate matter loadings;

(3) The bag leak detection system

must be equipped with an alarm system

that will sound an audible alarm when

an increase in relative particulate

loadings is detected over a preset level;

(4) The bag leak detection system

shall be installed and operated in a

manner consistent with available

written guidance from the U.S.

Environmental Protection Agency or, in

the absence of such written guidance,

the manufacturer’s written

specifications and recommendations for

installation, operation, and adjustment

of the system;

(5) The initial adjustment of the

system shall, at a minimum, consist of

establishing the baseline output by

adjusting the sensitivity (range) and the

averaging period of the device, and

establishing the alarm set points and the

alarm delay time;

(6) Following initial adjustment, you

must not adjust the sensitivity or range,

averaging period, alarm set points, or

alarm delay time, except as detailed in

the operation and maintenance plan

required under paragraph (c)(7)(ii)(A) of

this section. You must not increase the

sensitivity by more than 100 percent or

decrease the sensitivity by more than 50

percent over a 365 day period unless

such adjustment follows a complete

baghouse inspection which

demonstrates the baghouse is in good

operating condition;

(7) For negative pressure or induced

air baghouses, and positive pressure

baghouses that are discharged to the

atmosphere through a stack, the bag leak

detector must be installed downstream

of the baghouse and upstream of any

wet acid gas scrubber; and

(8) Where multiple detectors are

required, the system’s instrumentation

and alarm system may be shared among

the detectors.

(E) The operation and maintenance

plan required by paragraph (c)(7)(ii) of

this section must include a corrective

measures plan that specifies the

procedures you will follow in the case

of a bag leak detection system alarm.

The corrective measures plan must

include, at a minimum, the procedures

used to determine and record the time

and cause of the alarm as well as the

corrective measures taken to correct the

control device malfunction or minimize

emissions as specified below. Failure to

initiate the corrective measures required

by this paragraph is failure to ensure

compliance with the emission standards

in this subpart.

(1) You must initiate the procedures

used to determine the cause of the alarm

within 30 minutes of the time the alarm

first sounds; and

(2) You must alleviate the cause of the

alarm by taking the necessary corrective

measure(s) which may include, but are

not to be limited to, the following

measures:

(i) Inspecting the baghouse for air

leaks, torn or broken filter elements, or

any other malfunction that may cause

an increase in emissions;

(ii) Sealing off defective bags or filter

media;

(iii) Replacing defective bags or filter

media, or otherwise repairing the

control device;

(iv) Sealing off a defective baghouse

compartment;

(v) Cleaning the bag leak detection

system probe, or otherwise repairing the

bag leak detection system; or

(vi) Shutting down the combustor.

§ 63.1207 What are the performance

testing requirements?

(a) General. The provisions of § 63.7

apply, except as noted below.

(b) Types of performance tests—(1)

Comprehensive performance test. You

must conduct comprehensive

performance tests to demonstrate

compliance with the emission standards

provided by §§ 63.1203, 63.1204, and

63.1205, establish limits for the

operating parameters provided by

§ 63.1209, and demonstrate compliance

with the performance specifications for

continuous monitoring systems.

(2) Confirmatory performance test.

You must conduct confirmatory

performance tests to:

(i) Demonstrate compliance with the

dioxin/furan emission standard when

the source operates under normal

operating conditions; and

(ii) Conduct a performance evaluation

of continuous monitoring systems

required for compliance assurance with

the dioxin/furan emission standard

under § 63.1209(k).

(c) Initial comprehensive performance

test—(1) Test date. Except as provided

by paragraph (c)(2) of this section, you

must commence the initial

comprehensive performance test not

later than six months after the

compliance date.

(2) Data in lieu of the initial

comprehensive performance test. (i) You

may request that previous emissions test

data serve as documentation of

conformance with the emission

standards of this subpart provided that

the previous testing was:

(A) Initiated after March 30, 1998;

(B) For the purpose of demonstrating

emissions under a RCRA permit

issuance or reissuance proceeding under

part 270 of this chapter;

(C) In conformance with the

requirements of paragraph (g)(1) of this

section; and

(D) Sufficient to establish the

applicable operating parameter limits

under § 63.1209.

(ii) You must submit data in lieu of

the initial comprehensive performance

test in lieu of (i.e., if the data are in lieu

of all performance testing) or with the

notification of performance test required

under paragraph (e) of this section.

(d) Frequency of testing. You must

conduct testing periodically as

prescribed in paragraphs (d)(1) through

(3) of this section. The date of

commencement of the initial

comprehensive performance test is the

basis for establishing the deadline to

commence the initial confirmatory

performance test and the next
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53051

comprehensive performance test. You

may conduct performance testing at any

time prior to the required date. The

deadline for commencing subsequent

confirmatory and comprehensive

performance testing is based on the date

of commencement of the previous

comprehensive performance test. Unless

the Administrator grants a time

extension under paragraph (i) of this

section, you must conduct testing as

follows:

(1) Comprehensive performance

testing. You must commence testing no

later than 61 months after the date of

commencing the previous

comprehensive performance test. If you

submit data in lieu of the initial

performance test, you must commence

the subsequent comprehensive

performance test within 61 months of

the date six months after the compliance

date.

(2) Confirmatory performance testing.

You must commence confirmatory

performance testing no later than 31

months after the date of commencing

the previous comprehensive

performance test. If you submit data in

lieu of the initial performance test, you

must commence the initial confirmatory

performance test within 31 months of

the date six months after the compliance

date. To ensure that the confirmatory

test is conducted approximately

midway between comprehensive

performance tests, the Administrator

will not approve a test plan that

schedules testing within 18 months of

commencing the previous

comprehensive performance test.

(3) Duration of testing. You must

complete performance testing within 60

days after the date of commencement,

unless the Administrator determines

that a time extension is warranted based

on your documentation in writing of

factors beyond your control that prevent

you from meeting the 60-day deadline.

(e) Notification of performance test

and CMS performance evaluation, and

approval of test plan and CMS

performance evaluation plan. (1) The

provisions of § 63.7(b) and (c) and

§ 63.8(e) apply, except:

(i) Comprehensive performance test.

You must submit to the Administrator a

notification of your intention to conduct

a comprehensive performance test and

CMS performance evaluation and a sitespecific test plan and CMS performance

evaluation plan at least one year before

the performance test and performance

evaluation are scheduled to begin.

(A) The Administrator will notify you

of approval or intent to deny approval

of the test plan and CMS performance

evaluation plan within 9 months after

receipt of the original plan.

(B) You must submit to the

Administrator a notification of your

intention to conduct the comprehensive

performance test at least 60 calendar

days before the test is scheduled to

begin.

(ii) Confirmatory performance test.

You must submit to the Administrator a

notification of your intention to conduct

a confirmatory performance test and

CMS performance evaluation and a test

plan and CMS performance evaluation

plan at least 60 calendar days before the

performance test is scheduled to begin.

The Administrator will notify you of

approval or intent to deny approval of

the test and CMS performance

evaluation plans within 30 calendar

days after receipt of the original plans.

(2) After the Administrator has

approved the test and CMS performance

evaluation plans, you must make the

plans available to the public for review.

You must issue a public notice

announcing the approval of the plans

and the location where the plans are

available for review.

(f) Content of performance test plan.

The provisions of §§ 63.7(c)(2)(i)–(iii)

and (v) regarding the content of the test

plan apply. In addition, you must

include the following information in the

test plan:

(1) Content of comprehensive

performance test plan. (i) An analysis of

each feedstream, including hazardous

waste, other fuels, and industrial

furnace feedstocks, as fired, that

includes:

(A) Heating value, levels of ash (for

hazardous waste incinerators only),

levels of semivolatile metals, low

volatile metals, mercury, and total

chlorine (organic and inorganic); and

(B) Viscosity or description of the

physical form of the feedstream;

(ii) For organic hazardous air

pollutants established by 42 U.S.C.

7412(b)(1), excluding caprolactam (CAS

number 105602) as provided by § 63.60:

(A) An identification of such organic

hazardous air pollutants that are present

in the feedstream, except that you need

not analyze for organic hazardous air

pollutants that would reasonably not be

expected to be found in the feedstream.

You must identify any constituents you

exclude from analysis and explain the

basis for excluding them. You must

conduct the feedstream analysis

according to § 63.1208(g);

(B) An approximate quantification of

such identified organic hazardous air

pollutants in the feedstreams, within the

precision produced by the analytical

procedures of § 63.1208(g); and

(C) A description of blending

procedures, if applicable, prior to firing

the feedstream, including a detailed

analysis of the materials prior to

blending, and blending ratios;

(iii) A detailed engineering

description of the hazardous waste

combustor, including:

(A) Manufacturer’s name and model

number of the hazardous waste

combustor;

(B) Type of hazardous waste

combustor;

(C) Maximum design capacity in

appropriate units;

(D) Description of the feed system for

each feedstream;

(E) Capacity of each feed system;

(F) Description of automatic

hazardous waste feed cutoff system(s);

(G) Description of the design,

operation, and maintenance practices

for any air pollution control system; and

(H) Description of the design,

operation, and maintenance practices of

any stack gas monitoring and pollution

control monitoring systems;

(iv) A detailed description of

sampling and monitoring procedures

including sampling and monitoring

locations in the system, the equipment

to be used, sampling and monitoring

frequency, and planned analytical

procedures for sample analysis;

(v) A detailed test schedule for each

hazardous waste for which the

performance test is planned, including

date(s), duration, quantity of hazardous

waste to be burned, and other relevant

factors;

(vi) A detailed test protocol,

including, for each hazardous waste

identified, the ranges of hazardous

waste feedrate for each feed system,

and, as appropriate, the feedrates of

other fuels and feedstocks, and any

other relevant parameters that may

affect the ability of the hazardous waste

combustor to meet the emission

standards;

(vii) A description of, and planned

operating conditions for, any emission

control equipment that will be used;

(viii) Procedures for rapidly stopping

the hazardous waste feed and

controlling emissions in the event of an

equipment malfunction;

(ix) A determination of the hazardous

waste residence time;

(x) If you are requesting to extrapolate

metal feedrate limits from

comprehensive performance test levels:

(A) A description of the extrapolation

methodology and rationale for how the

approach ensures compliance with the

emission standards;

(B) Documentation of the historical

range of normal (i.e., other than during

compliance testing) metals feedrates for

each feedstream;

(C) Documentation that the level of

spiking recommended during the
53052 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

performance test will mask sampling

and analysis imprecision and

inaccuracy to the extent that

extrapolation of feedrates and emission

rates from performance test data will be

as accurate and precise as if full spiking

were used;

(xi) If you do not continuously

monitor regulated constituents in

natural gas, process air feedstreams, and

feedstreams from vapor recovery

systems, you must include

documentation of the expected levels of

regulated constituents in those

feedstreams;

(xii) Documentation justifying the

duration of system conditioning

required to ensure the combustor has

achieved steady-state operations under

performance test operating conditions,

as provided by paragraph (g)(1)(iii) of

this section; and

(xiii) Such other information as the

Administrator reasonably finds

necessary to determine whether to

approve the performance test plan.

(2) Content of confirmatory test plan.

(i) A description of your normal

hydrocarbon or carbon monoxide

operating levels, as specified in

paragraph (g)(2)(i) of this section, and an

explanation of how these normal levels

were determined;

(ii) A description of your normal

applicable operating parameter levels,

as specified in paragraph (g)(2)(ii) of this

section, and an explanation of how

these normal levels were determined;

(iii) A description of your normal

chlorine operating levels, as specified in

paragraph (g)(2)(iii) of this section, and

an explanation of how these normal

levels were determined;

(iv) If you use carbon injection or a

carbon bed, a description of your

normal cleaning cycle of the particulate

matter control device, as specified in

paragraph (g)(2)(iv) of this section, and

an explanation of how these normal

levels were determined;

(v) A detailed description of sampling

and monitoring procedures including

sampling and monitoring locations in

the system, the equipment to be used,

sampling and monitoring frequency,

and planned analytical procedures for

sample analysis;

(vi) A detailed test schedule for each

hazardous waste for which the

performance test is planned, including

date(s), duration, quantity of hazardous

waste to be burned, and other relevant

factors;

(vii) A detailed test protocol,

including, for each hazardous waste

identified, the ranges of hazardous

waste feedrate for each feed system,

and, as appropriate, the feedrates of

other fuels and feedstocks, and any

other relevant parameters that may

affect the ability of the hazardous waste

combustor to meet the dioxin/furan

emission standard;

(viii) A description of, and planned

operating conditions for, any emission

control equipment that will be used;

(ix) Procedures for rapidly stopping

the hazardous waste feed and

controlling emissions in the event of an

equipment malfunction; and

(x) Such other information as the

Administrator reasonably finds

necessary to determine whether to

approve the confirmatory test plan.

(g) Operating conditions during

testing. You must comply with the

provisions of § 63.7(e). Conducting

performance testing under operating

conditions representative of the extreme

range of normal conditions is consistent

with the requirement of § 63.7(e)(1) to

conduct performance testing under

representative operating conditions.

(1) Comprehensive performance

testing.—(i) Operations during testing.

For the following parameters, you must

operate the combustor during the

performance test under normal

conditions (or conditions that will result

in higher than normal emissions):

(A) Chlorine feedrate. You must feed

normal (or higher) levels of chlorine

during the dioxin/furan performance

test;

(B) Ash feedrate. For hazardous waste

incinerators, you must conduct the

following tests when feeding normal (or

higher) levels of ash: The semivolatile

metal and low volatile metal

performance tests; and the dioxin/furan

and mercury performance tests if

activated carbon injection or a carbon

bed is used; and

(C) Cleaning cycle of the particulate

matter control device. You must

conduct the following tests when the

particulate matter control device

undergoes its normal (or more frequent)

cleaning cycle: The particulate matter,

semivolatile metal, and low volatile

metal performance tests; and the dioxin/

furan and mercury performance tests if

activated carbon injection or a carbon

bed is used.

(ii) Modes of operation. Given that

you must establish limits for the

applicable operating parameters

specified in § 63.1209 based on

operations during the comprehensive

performance test, you may conduct

testing under two or more operating

modes to provide operating flexibility.

(iii) Steady-state conditions. (A) Prior

to obtaining performance test data, you

must operate under performance test

conditions until you reach steady-state

operations with respect to emissions of

pollutants you must measure during the

performance test and operating

parameters under § 63.1209 for which

you must establish limits. During

system conditioning, you must ensure

that each operating parameter for which

you must establish a limit is held at the

level planned for the performance test.

You must include documentation in the

performance test plan under paragraph

(f) of this section justifying the duration

of system conditioning.

(B) If you own or operate a hazardous

waste cement kiln that recycles

collected particulate matter (i.e., cement

kiln dust) into the kiln, you must

sample and analyze the recycled

particulate matter prior to obtaining

performance test data for levels of

selected metals that must be measured

during performance testing to document

that the system has reached steady-state

conditions (i.e., that metals levels have

stabilized). You must document the

rationale for selecting metals that are

indicative of system equilibrium and

include the information in the

performance test plan under paragraph

(f) of this section. To determine system

equilibrium, you must sample and

analyze the recycled particulate matter

hourly for each selected metal, unless

you submit in the performance test plan

a justification for reduced sampling and

analysis and the Administrator approves

in writing a reduced sampling and

analysis frequency.

(2) Confirmatory performance testing.

You must conduct confirmatory

performance testing for dioxin/furan

under normal operating conditions for

the following parameters:

(i) Carbon monoxide (or hydrocarbon)

CEMS emission levels must be within

the range of the average value to the

maximum value allowed. The average

value is defined as the sum of the

hourly rolling average values recorded

(each minute) over the previous 12

months divided by the number of

rolling averages recorded during that

time;

(ii) Each operating limit (specified in

§ 63.1209) established to maintain

compliance with the dioxin/furan

emission standard must be held within

the range of the average value over the

previous 12 months and the maximum

or minimum, as appropriate, that is

allowed. The average value is defined as

the sum of the rolling average values

recorded over the previous 12 months

divided by the number of rolling

averages recorded during that time. The

average value must not include

calibration data, malfunction data, and

data obtained when not burning

hazardous waste;

(iii) You must feed chlorine at normal

feedrates or greater; and (iv) If the
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53053

combustor is equipped with carbon

injection or carbon bed, normal cleaning

cycle of the particulate matter control

device.

(h) Operating conditions during

subsequent testing. (1) Current operating

parameter limits established under

§ 63.1209 are waived during subsequent

comprehensive performance testing

under an approved test plan.

(2) Current operating parameter limits

are also waived during pretesting

prescribed in the approved test plan

prior to comprehensive performance

testing for an aggregate time not to

exceed 720 hours of operation.

Pretesting means:

(i) Operations when stack emissions

testing for dioxin/furan, mercury,

semivolatile metals, low volatile metals,

particulate matter, or hydrochloric acid/

chlorine gas is being performed; and

(ii) Operations to reach steady-state

operating conditions prior to stack

emissions testing under paragraph

(g)(1)(iii) of this section.

(i) Time extension for subsequent

performance tests. After the initial

comprehensive performance test, you

may request up to a one-year time

extension for conducting a

comprehensive or confirmatory

performance test to consolidate

performance testing with other state or

federally required emission testing, or

for other reasons deemed acceptable by

the Administrator. If the Administrator

grants a time extension for a

comprehensive performance test, the

deadlines for commencing the next

comprehensive and confirmatory tests

are based on the date that the subject

comprehensive performance test

commences.

(1) You must submit in writing to the

Administrator any request under this

paragraph for a time extension for

conducting a performance test.

(2) You must include in the request

for an extension for conducting a

performance test the following:

(i) A description of the reasons for

requesting the time extension;

(ii) The date by which you will

commence performance testing.

(3) The Administrator will notify you

in writing of approval or intention to

deny approval of your request for an

extension for conducting a performance

test within 30 calendar days after

receipt of sufficient information to

evaluate your request. The 30-day

approval or denial period will begin

after you have been notified in writing

that your application is complete. The

Administrator will notify you in writing

whether the application contains

sufficient information to make a

determination within 30 calendar days

after receipt of the original application

and within 30 calendar days after

receipt of any supplementary

information that you submit.

(4) When notifying you that your

application is not complete, the

Administrator will specify the

information needed to complete the

application. The Administrator will also

provide notice of opportunity for you to

present, in writing, within 30 calendar

days after notification of the incomplete

application, additional information or

arguments to the Administrator to

enable further action on the application.

(5) Before denying any request for an

extension for performance testing, the

Administrator will notify you in writing

of the Administrator’s intention to issue

the denial, together with:

(i) Notice of the information and

findings on which the intended denial

is based; and

(ii) Notice of opportunity for you to

present in writing, within 15 calendar

days after notification of the intended

denial, additional information or

arguments to the Administrator before

further action on the request.

(6) The Administrator’s final

determination to deny any request for

an extension will be in writing and will

set forth specific grounds upon which

the denial is based. The final

determination will be made within 30

calendar days after the presentation of

additional information or argument (if

the application is complete), or within

30 calendar days after the final date

specified for the presentation if no

presentation is made.

(j) Notification of compliance.—(1)

Comprehensive performance test. (i)

Except as provided by paragraph (j)(4) of

this section, within 90 days of

completion of a comprehensive

performance test, you must postmark a

Notification of Compliance

documenting compliance or

noncompliance with the emission

standards and continuous monitoring

system requirements, and identifying

operating parameter limits under

§ 3.1209.

(ii) Upon postmark of the Notification

of Compliance, you must comply with

all operating requirements specified in

the Notification of Compliance in lieu of

the limits specified in the

Documentation of Compliance required

under § 63.1211(d).

(2) Confirmatory performance test.

Except as provided by paragraph (j)(4) of

this section, within 90 days of

completion of a confirmatory

performance test, you must postmark a

Notification of Compliance

documenting compliance or

noncompliance with the applicable

dioxin/furan emission standard.

(3) See §§ 63.7(g), 63.9(h), and

63.1210(d) for additional requirements

pertaining to the Notification of

Compliance (e.g., you must include

results of performance tests in the

Notification of Compliance).

(4) Time extension. You may submit

a written request to the Administrator

for a time extension documenting that,

for reasons beyond your control, you

may not be able to meet the 90-day

deadline for submitting the Notification

of Compliance after completion of

testing. The Administrator will

determine whether a time extension is

warranted.

(k) Failure to submit a timely

notification of compliance. (1) If you fail

to postmark a Notification of

Compliance by the specified date, you

must cease hazardous waste burning

immediately.

(2) Prior to submitting a revised

Notification of Compliance as provided

by paragraph (k)(3) of this section, you

may burn hazardous waste only for the

purpose of pretesting or comprehensive

performance testing and only for a

maximum of 720 hours (renewable at

the discretion of the Administrator).

(3) You must submit to the

Administrator a Notification of

Compliance subsequent to a new

comprehensive performance test before

resuming hazardous waste burning.

(l) Failure of performance test.—(1)

Comprehensive performance test. (i) If

you determine (based on CEM

recordings, results of analyses of stack

samples, or results of CMS performance

evaluations) that you have exceeded any

emission standard during a

comprehensive performance test for a

mode of operation, you must cease

hazardous waste burning immediately

under that mode of operation. You must

make this determination within 90 days

following completion of the

performance test.

(ii) If you have failed to demonstrate

compliance with the emission standards

for any mode of operation:

(A) Prior to submitting a revised

Notification of Compliance as provided

by paragraph (l)(1)(ii)(C) of this section,

you may burn hazardous waste only for

the purpose of pretesting or

comprehensive performance testing

under revised operating conditions, and

only for a maximum of 720 hours

(renewable at the discretion of the

Administrator), except as provided by

paragraph (l)(3) of this section;

(B) You must conduct a

comprehensive performance test under

revised operating conditions following
53054 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

the requirements for performance

testing of this section; and

(C) You must submit to the

Administrator a Notification of

Compliance subsequent to the new

comprehensive performance test.

(2) Confirmatory performance test. If

you determine (based on CEM

recordings, results of analyses of stack

samples, or results of CMS performance

evaluations) that you have failed the

dioxin/furan emission standard during a

confirmatory performance test, you

must cease burning hazardous waste

immediately. You must make this

determination within 90 days following

completion of the performance test. To

burn hazardous waste in the future:

(i) You must submit to the

Administrator for review and approval a

test plan to conduct a comprehensive

performance test to identify revised

limits on the applicable dioxin/furan

operating parameters specified in

§ 63.1209(k);

(ii) You must submit to the

Administrator a Notification of

Compliance with the dioxin/furan

emission standard under the provisions

of paragraphs (j) and (k) of this section

and this paragraph (l). You must include

in the Notification of Compliance the

revised limits on the applicable dioxin/

furan operating parameters specified in

§ 63.1209(k); and

(iii) Until the Notification of

Compliance is submitted, you must not

burn hazardous waste except for

purposes of pretesting or confirmatory

performance testing, and for a maximum

of 720 hours (renewable at the

discretion of the Administrator), except

as provided by paragraph (l)(3) of this

section.

(3) You may petition the

Administrator to obtain written

approval to burn hazardous waste in the

interim prior to submitting a

Notification of Compliance for purposes

other than testing or pretesting. You

must specify operating requirements,

including limits on operating

parameters, that you determine will

ensure compliance with the emission

standards of this subpart based on

available information including data

from the failed performance test. The

Administrator will review, modify as

necessary, and approve if warranted the

interim operating requirements. An

approval of interim operating

requirements will include a schedule for

submitting a Notification of

Compliance.

(m) Waiver of performance test. (1)

The waiver provision of this paragraph

applies in addition to the provisions of

§ 63.7(h).

(2) You are not required to conduct

performance tests to document

compliance with the mercury,

semivolatile metal, low volatile metal or

hydrochloric acid/chlorine gas emission

standards under the conditions

specified below. You are deemed to be

in compliance with an emission

standard if the twelve-hour rolling

average maximum theoretical emission

concentration (MTEC) determined as

specified below does not exceed the

emission standard:

(i) Determine the feedrate of mercury,

semivolatile metals, low volatile metals,

or total chlorine and chloride from all

feedstreams;

(ii) Determine the stack gas flowrate;

and

(iii) Calculate a MTEC for each

standard assuming all mercury,

semivolatile metals, low volatile metals,

or total chlorine (organic and inorganic)

from all feedstreams is emitted;

(3) To document compliance with this

provision, you must:

(i) Monitor and record the feedrate of

mercury, semivolatile metals, low

volatile metals, and total chlorine and

chloride from all feedstreams according

to § 63.1209(c);

(ii) Monitor with a CMS and record in

the operating record the gas flowrate

(either directly or by monitoring a

surrogate parameter that you have

correlated to gas flowrate);

(iii) Continuously calculate and

record in the operating record the MTEC

under the procedures of paragraph

(m)(2) of this section; and

(iv) Interlock the MTEC calculated in

paragraph (m)(2)(iii) of this section to

the AWFCO system to stop hazardous

waste burning when the MTEC exceeds

the emission standard.

(4) In lieu of the requirement in

paragraphs (m)(3)(iii) and (iv) of this

section, you may:

(i) Identify in the notification of

compliance a minimum gas flowrate

limit and a maximum feedrate limit of

mercury, semivolatile metals, low

volatile metals, and/or total chlorine

and chloride from all feedstreams that

ensures the MTEC as calculated in

paragraph (m)(2)(iii) of this section is

below the applicable emission standard;

and

(ii) Interlock the minimum gas

flowrate limit and maximum feedrate

limit in paragraph (m)(3)(iv) of this

section to the AWFCO system to stop

hazardous waste burning when the gas

flowrate or mercury, semivolatile

metals, low volatile metals, and/or total

chlorine and chloride feedrate exceeds

the limit in paragraph (m)(4)(i) of this

section.

(5) When you determine the feedrate

of mercury, semivolatile metals, low

volatile metals, or total chlorine and

chloride for purposes of this provision,

except as provided by paragraph (m)(6)

of this section, you must assume that

the analyte is present at the full

detection limit when the feedstream

analysis determines that the analyte is

not detected in the feedstream.

(6) Owners and operators of

hazardous waste burning cement kilns

and lightweight aggregate kilns may

assume that mercury is present in raw

material at half the detection limit when

the raw material feedstream analysis

determines that mercury is not detected.

(7) You must state in the site-specific

test plan that you submit for review and

approval under paragraph (e) of this

section that you intend to comply with

the provisions of this paragraph. You

must include in the test plan

documentation that any surrogate that is

proposed for gas flowrate adequately

correlates with the gas flowrate.

(n) Feedrate limits for nondetectable

constituents. (1) You must establish

separate semivolatile metal, low volatile

metal, mercury, and total chlorine

(organic and inorganic), and/or ash

feedrate limits for each feedstream for

which the comprehensive performance

test feedstream analysis determines that

these constituents are not present at

detectable levels.

(2) You must define the feedrate

limits established under paragraph

(n)(1) of this section as nondetect at the

full detection limit achieved during the

performance test.

(3) You will not be deemed to be in

violation of the feedrate limit

established in paragraph (n)(2) of this

section when detectable levels of the

constituent are measured, whether at

levels above or below the full detection

limit achieved during the performance

test, provided that:

(i) Your total feedrate for that

constituent, including the detectable

levels in the feedstream which is

limited to nondetect levels, is below

your feedrate limit for that constituent;

or

(ii) Except for ash, your maximum

theoretical emission concentration

(MTEC) for the constituent (i.e.,

semivolatile metal, low volatile metal,

mercury, and/or hydrochloric acid/

chlorine gas) calculated according to

paragraph (m) of this section, and

considering the contribution from all

feedstreams including the detectable

levels in the feedstream which is

limited to nondetect levels, is below the

emission standard in §§ 63.1203,

63.1204, and 63.1205.
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53055

§ 63.1208 What are the test methods?

(a) References. When required in

subpart EEE of this part, the following

publication is incorporated by reference,

‘‘Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods,’’

EPA Publication SW–846 Third Edition

(November 1986), as amended by

Updates I (July 1992), II (September

1994), IIA (August 1993), IIB (January

1995), and III (December 1996). The

Third Edition of SW–846 and Updates

I, II, IIA, IIB, and III (document number

955–001–00000–1) are available for the

Superintendent of Document, U.S.

Government Printing Office,

Washington, DC 20402, (202) 512–1800.

Copies of the Third Edition and its

updates are also available from the

National Technical Information Services

(NTIS), 5285 Port Royal Road,

Springfield, VA 22161, (703) 487–4650.

Copies may be inspected at the Library,

U.S. Environmental Protection Agency,

401 M Street, SW, Washington, DC

20460; or at the Office of the Federal

Register, 800 North Capitol Street, NW,

Suite 700, Washington, DC.

(b) Test methods. You must use the

following test methods to determine

compliance with the emissions

standards of this subpart:

(1) Dioxins and furans. (i) You must

use Method 0023A, Sampling Method

for Polychlorinated Dibenzo-p-Dioxins

and Polychlorinated Dibenzofurans

emissions from Stationary Sources, EPA

Publication SW–846, as incorporated by

reference in paragraph (a) of this

section, to determine compliance with

the emission standard for dioxins and

furans;

(ii) You must sample for a minimum

of three hours, and you must collect a

minimum sample volume of 2.5 dscm;

(iii) You may assume that nondetects

are present at zero concentration.

(2) Mercury. You must use Method 29,

provided in appendix A, part 60 of this

chapter, to demonstrate compliance

with emission standard for mercury.

(3) Cadmium and lead. You must use

Method 29, provided in appendix A,

part 60 of this chapter, to determine

compliance with the emission standard

for cadmium and lead (combined).

(4) Arsenic, beryllium, and chromium.

You must use Method 29, provided in

appendix A, part 60 of this chapter, to

determine compliance with the

emission standard for arsenic,

beryllium, and chromium (combined).

(5) Hydrochloric acid and chlorine

gas. You may use Methods 26A, 320, or

321 provided in appendix A, part 60 of

this chapter, to determine compliance

with the emission standard for

hydrochloric acid and chlorine gas

(combined). You may use Methods 320

or 321 to make major source

determinations under § 63.9(b)(2)(v).

(6) Particulate matter. You must use

Methods 5 or 5I, provided in appendix

A, part 60 of this chapter, to

demonstrate compliance with the

emission standard for particulate matter.

(7) Other Test Methods. You may use

applicable test methods in EPA

Publication SW-846, as incorporated by

reference in paragraph (a) of this

section, as necessary to demonstrate

compliance with requirements of this

subpart, except as otherwise specified in

paragraphs (b)(2)–(b)(6) of this section.

(8) Feedstream analytical methods.

You may use any reliable analytical

method to determine feedstream

concentrations of metals, chlorine, and

other constituents. It is your

responsibility to ensure that the

sampling and analysis procedures are

unbiased, precise, and that the results

are representative of the feedstream. For

each feedstream, you must demonstrate

that:

(i) Each analyte is not present above

the reported level at the 80% upper

confidence limit around the mean; and

(ii) The analysis could have detected

the presence of the constituent at or

below the reported level at the 80%

upper confidence limit around the

mean. (See Guidance for Data Quality

Assessment—Practical Methods for Data

Analysis, EPA QA/G–9, January 1998,

EPA/600/R–96/084).

(9) Opacity. If you determine

compliance with the opacity standard

under the monitoring requirements of

§§ 63.1209(a)(1)(iv) and (a)(1)(v), you

must use Method 9, provided in

appendix A, part 60 of this chapter.

§ 63.1209 What are the monitoring

requirements?

(a) Continuous emissions monitoring

systems (CEMS) and continuous opacity

monitoring systems (COMS). (1)(i) You

must use a CEMS to demonstrate and

monitor compliance with the carbon

monoxide and hydrocarbon standards

under this subpart. You must also use

an oxygen CEMS to continuously

correct the carbon monoxide and

hydrocarbon levels to 7 percent oxygen.

(ii) For cement kilns, except as

provided by paragraphs (a)(1)(iv) and

(a)(1)(v) of this section, you must use a

COMS to demonstrate and monitor

compliance with the opacity standard

under §§ 63.1204(a)(7) and (b)(7) at each

point where emissions are vented from

these affected sources including the

bypass stack of a preheater or preheater/

precalciner kiln with dual stacks.

(A) You must maintain and operate

each COMS in accordance with the

requirements of § 63.8(c) except for the

requirements under § 63.8(c)(3). The

requirements of § 63.1211(d) shall be

complied with instead of § 63.8(c)(3);

and

(B) Compliance is based on sixminute block average.

(iii) You must install, calibrate,

maintain, and operate a particulate

matter CEMS to demonstrate and

monitor compliance with the particulate

matter standards under this subpart.

However, compliance with the

requirements in their section to install,

calibrate, maintain and operate the PM

CEMS is not required until such time

that the Agency promulgates all

performance specifications and

operational requirements applicable to

PM CEMS.

(iv) If you operate a cement kiln

subject to the provisions of this subpart

and use a fabric filter with multiple

stacks or an electrostatic precipitator

with multiple stacks, you may, in lieu

of installing the COMS required by

paragraph (a)(1)(ii) of this section,

comply with the opacity standard in

accordance with the procedures of

Method 9 to part 60 of this chapter:

(A) You must conduct the Method 9

test while the affected source is

operating at the highest load or capacity

level reasonably expected to occur

within the day;

(B) The duration of the Method 9 test

shall be at least 30 minutes each day;

(C) You must use the Method 9

procedures to monitor and record the

average opacity for each six-minute

block period during the test; and

(D) To remain in compliance, all sixminute block averages must not exceed

the opacity standard under

§§ 63.1204(a)(7) and (b)(7).

(v) If you operate a cement kiln

subject to the provisions of this subpart

and use a particulate matter control

device that exhausts through a

monovent, or if the use of a COMS in

accordance with the installation

specification of Performance

Specification 1 (PS–1) of appendix B to

part 60 of this chapter is not feasible,

you may, in lieu of installing the COMS

required by paragraph (a)(1)(ii) of this

section, comply with the opacity

standard in accordance with the

procedures of Method 9 to part 60 of

this chapter:

(A) You must conduct the Method 9

test while the affected source is

operating at the highest load or capacity

level reasonably expected to occur

within the day;

(B) The duration of the Method 9 test

shall be at least 30 minutes each day;

(C) You must use the Method 9

procedures to monitor and record the
53056 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

average opacity for each six-minute

block period during the test; and

(D) To remain in compliance, all sixminute block averages must not exceed

the opacity standard under

§§ 63.1204(a)(7) and (b)(7).

(2) Performance specifications. You

must install, calibrate, maintain, and

continuously operate the CEMS and

COMS in compliance with the quality

assurance procedures provided in the

appendix to this subpart and

Performance Specifications 1 (opacity),

4B (carbon monoxide and oxygen), and

8A (hydrocarbons) in appendix B, part

60 of this chapter.

(3) Carbon monoxide readings

exceeding the span. (i) Except as

provided by paragraph (a)(3)(ii) of this

section, if a carbon monoxide CEMS

detects a response that results in a oneminute average at or above the 3,000

ppmv span level required by

Performance Specification 4B in

appendix B, part 60 of this chapter, the

one-minute average must be recorded as

10,000 ppmv. The one-minute 10,000

ppmv value must be used for calculating

the hourly rolling average carbon

monoxide level.

(ii) Carbon monoxide CEMS that use

a span value of 10,000 ppmv when oneminute carbon monoxide levels are

equal to or exceed 3,000 ppmv are not

subject to paragraph (a)(3)(i) of this

section. Carbon monoxide CEMS that

use a span value of 10,000 are subject

to the same CEMS performance and

equipment specifications when

operating in the range of 3,000 ppmv to

10,000 ppmv that are provided by

Performance Specification 4B for other

carbon monoxide CEMS, except:

(A) Calibration drift must be less than

300 ppmv; and

(B) Calibration error must be less than

500 ppmv.

(4) Hydrocarbon readings exceeding

the span. (i) Except as provided by

paragraph (a)(4)(ii) of this section, if a

hydrocarbon CEMS detects a response

that results in a one-minute average at

or above the 100 ppmv span level

required by Performance Specification

8A in appendix B, part 60 of this

chapter, the one-minute average must be

recorded as 500 ppmv. The one-minute

500 ppmv value must be used for

calculating the hourly rolling average

HC level.

(ii) Hydrocarbon CEMS that use a

span value of 500 ppmv when oneminute hydrocarbon levels are equal to

or exceed 100 ppmv are not subject to

paragraph (a)(4)(i) of this section.

Hydrocarbon CEMS that use a span

value of 500 ppmv are subject to the

same CEMS performance and

equipment specifications when

operating in the range of 100 ppmv to

500 ppmv that are provided by

Performance Specification 8A for other

hydrocarbon CEMS, except:

(A) The zero and high-level

calibration gas must have a hydrocarbon

level of between 0 and 100 ppmv, and

between 250 and 450 ppmv,

respectively;

(B) The strip chart recorder,

computer, or digital recorder must be

capable of recording all readings within

the CEM measurement range and must

have a resolution of 2.5 ppmv;

(C) The CEMS calibration must not

differ by more than ±15 ppmv after each

24-hour period of the seven day test at

both zero and high levels;

(D) The calibration error must be no

greater than 25 ppmv; and

(E) The zero level, mid-level, and high

level calibration gas used to determine

calibration error must have a

hydrocarbon level of 0–200 ppmv, 150–

200 ppmv, and 350–400 ppmv,

respectively.

(5) Petitions to use CEMS for other

standards. You may petition the

Administrator to use CEMS for

compliance monitoring for particulate

matter, mercury, semivolatile metals,

low volatile metals, and hydrochloric

acid/chlorine gas under § 63.8(f) in lieu

of compliance with the corresponding

operating parameter limits under this

section.

(6) Calculation of rolling averages.—

(i) Calculation of rolling averages

initially. The carbon monoxide and

hydrocarbon CEMS must begin

recording one-minute average values by

12:01 am and hourly rolling average

values by 1:01 am, when 60 one-minute

values will be available for calculating

the initial hourly rolling average.

(ii) Calculation of rolling averages

upon intermittent operations. You must

ignore periods of time when one-minute

values are not available for calculating

the hourly rolling average. When oneminute values become available again,

the first one-minute value is added to

the previous 59 values to calculate the

hourly rolling average.

(iii) Calculation of rolling averages

when the hazardous waste feed is cutoff.

(A) Except as provided by paragraph

(a)(6)(iii)(B) of this section, you must

continue to monitoring carbon

monoxide and hydrocarbon when the

hazardous waste feed is cutoff if the

source is operating. You must not

resume feeding hazardous waste if the

emission levels exceed the standard.

(B) You are not subject to the CEMS

requirements of this subpart during

periods of time you meet the

requirements of § 63.1206(b)(1)(ii)

(compliance with emissions standards

for nonhazardous waste burning sources

when you are not burning hazardous

waste).

(7) Operating parameter limits for

hydrocarbons. If you elect to comply

with the carbon monoxide and

hydrocarbon emission standards by

continuously monitoring carbon

monoxide with a CEMS, you must

demonstrate that hydrocarbon emissions

during the comprehensive performance

test do not exceed the hydrocarbon

emissions standard. In addition, the

limits you establish on the destruction

and removal efficiency (DRE) operating

parameters required under paragraph (j)

of this section also ensure that you

maintain compliance with the

hydrocarbon emission standard. If you

do not conduct the hydrocarbon

demonstration and DRE tests

concurrently, you must establish

separate operating parameter limits

under paragraph (j) of this section based

on each test and the more restrictive of

the operating parameter limits applies.

(b) Other continuous monitoring

systems (CMS). (1) You must use CMS

(e.g., thermocouples, pressure

transducers, flow meters) to document

compliance with the applicable

operating parameter limits under this

section.

(2) Except as specified in paragraphs

(b)(2)(i) through (ii) of this section, you

must install and operate non-CMS in

conformance with § 63.8(c)(3) that

requires you, at a minimum, to comply

with the manufacturer’s written

specifications or recommendations for

installation, operation, and calibration

of the system:

(i) Calibration of thermocouples. The

calibration of a thermocouple or other

temperature sensor must be verified at

least once every three months; and

(ii) Accuracy and calibration of

weight measurement devices. The

accuracy of weight measurement

devices used to monitor flowrate of a

feedstream (e.g., activated carbon

feedrate, sorbent feedrate, nonpumpable

waste) must be ± 1 percent of the weight

being measured. The calibration of the

device must be verified at least once

every three months.

(3) CMS must sample the regulated

parameter without interruption, and

evaluate the detector response at least

once each 15 seconds, and compute and

record the average values at least every

60 seconds.

(4) The span of the non-CEMS CMS

detector must not be exceeded. You

must interlock the span limits into the

automatic waste feed cutoff system

required by § 63.1206(c)(3).

(5) Calculation of rolling averages.—

(i) Calculation of rolling averages
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53057

initially. Continuous monitoring

systems must begin recording oneminute average values at 12:01 am on

the compliance data and begin

recording rolling averages when enough

one-minute average values are available

to calculate the required rolling average

(e.g., when 60 one-minute averages are

available to calculate an hourly rolling

average; when 720 one-minute averages

are available to calculate a 12-hour

rolling average).

(ii) Calculation of rolling averages

upon intermittent operations. You must

ignore periods of time when one-minute

values are not available for calculating

rolling averages. When one-minute

values become available again, the first

one-minute value is added to the

previous one-minute values to calculate

rolling averages.

(iii) Calculation of rolling averages

when the hazardous waste feed is cutoff.

(A) Except as provided by paragraph

(b)(5)(iii)(B) of this section, you must

continue to monitoring operating

parameter limits with a CMS when the

hazardous waste feed is cutoff if the

source is operating. You must not

resume feeding hazardous waste if an

operating parameter exceeds its limit.

(B) You are not subject to the CMS

requirements of this subpart during

periods of time you meet the

requirements of § 63.1206(b)(1)(ii)

(compliance with emissions standards

for nonhazardous waste burning sources

when you are not burning hazardous

waste).

(c) Analysis of feedstreams.—(1)

General. Prior to feeding the material,

you must obtain an analysis of each

feedstream that is sufficient to

document compliance with the

applicable feedrate limits provided by

this section.

(2) Feedstream analysis plan. You

must develop and implement a

feedstream analysis plan and record it

in the operating record. The plan must

specify at a minimum:

(i) The parameters for which you will

analyze each feedstream to ensure

compliance with the operating

parameter limits of this section;

(ii) Whether you will obtain the

analysis by performing sampling and

analysis or by other methods, such as

using analytical information obtained

from others or using other published or

documented data or information;

(iii) How you will use the analysis to

document compliance with applicable

feedrate limits (e.g., if you blend

hazardous wastes and obtain analyses of

the wastes prior to blending but not of

the blended, as-fired, waste, the plan

must describe how you will determine

the pertinent parameters of the blended

waste);

(iv) The test methods which you will

use to obtain the analyses;

(v) The sampling method which you

will use to obtain a representative

sample of each feedstream to be

analyzed using sampling methods

described in appendix I, part 26, of this

chapter, or an equivalent method; and

(vi) The frequency with which you

will review or repeat the initial analysis

of the feedstream to ensure that the

analysis is accurate and up to date.

(3) Review and approval of analysis

plan. You must submit the feedstream

analysis plan to the Administrator for

review and approval, if requested.

(4) Compliance with feedrate limits.

To comply with the applicable feedrate

limits of this section, you must monitor

and record feedrates as follows:

(i) Determine and record the value of

the parameter for each feedstream by

sampling and analysis or other method;

(ii) Determine and record the mass or

volume flowrate of each feedstream by

a CMS. If you determine flowrate of a

feedstream by volume, you must

determine and record the density of the

feedstream by sampling and analysis

(unless you report the constituent

concentration in units of weight per unit

volume (e.g., mg/l)); and

(iii) Calculate and record the mass

feedrate of the parameter per unit time.

(5) Waiver of monitoring of

constituents in certain feedstreams. You

are not required to monitor levels of

metals or chlorine in the following

feedstreams to document compliance

with the feedrate limits under this

section provided that you document in

the comprehensive performance test

plan the expected levels of the

constituent in the feedstream and

account for those assumed feedrate

levels in documenting compliance with

feedrate limits: natural gas, process air,

and feedstreams from vapor recovery

systems.

(d) Performance evaluations. (1) The

requirements of §§ 63.8(d) (Quality

control program) and (e) (Performance

evaluation of continuous monitoring

systems) apply, except that you must

conduct performance evaluations of

components of the CMS under the

frequency and procedures (for example,

submittal of performance evaluation test

plan for review and approval)

applicable to performance tests as

provided by § 63.1207.

(2) You must comply with the quality

assurance procedures for CEMS

prescribed in the appendix to this

subpart.

(e) Conduct of monitoring. The

provisions of § 63.8(b) apply.

(f) Operation and maintenance of

continuous monitoring systems. The

provisions of § 63.8(c) apply except:

(1) Section 63.8(c)(3). The

requirements of § 63.1211(d), that

requires CMSs to be installed,

calibrated, and operational on the

compliance date, shall be complied with

instead of section 63.8(c)(3);

(2) Section 63.8(c)(4)(ii). The

performance specifications for carbon

monoxide, hydrocarbon, and oxygen

CEMSs in subpart B, part 60 of this

chapter that requires detectors to

measure the sample concentration at

least once every 15 seconds for

calculating an average emission rate

once every 60 seconds shall be

complied with instead of section

63.8(c)(4)(ii); and

(3) Sections 63.8(c)(4)(i), (c)(5), and

(c)(7)(i)(C) pertaining to COMS apply

only to owners and operators of

hazardous waste burning cement kilns..

(g) Alternative monitoring

requirements other than continuous

emissions monitoring systems

(CEMS).—(1) Requests to use alternative

methods. (i) You may submit an

application to the Administrator under

this paragraph for approval of

alternative monitoring requirements to

document compliance with the

emission standards of this subpart. For

requests to use additional CEMS,

however, you must use paragraph (a)(5)

of this section and § 63.8(f).

(A) The Administrator will not

approve averaging periods for operating

parameter limits longer than specified

in this section unless you document

using data or information that the longer

averaging period will ensure that

emissions do not exceed levels achieved

during the comprehensive performance

test over any increment of time

equivalent to the time required to

conduct three runs of the performance

test.

(B) If the Administrator approves the

application to use an alternative

monitoring requirement, you must

continue to use that alternative

monitoring requirement until you

receive approval under this paragraph to

use another monitoring requirement.

(ii) You may submit an application to

waive an operating parameter limit

specified in this section based on

documentation that neither that

operating parameter limit nor an

alternative operating parameter limit is

needed to ensure compliance with the

emission standards of this subpart.

(iii) You must comply with the

following procedures for applications

submitted under paragraphs (g)(1)(i) and

(ii) of this section:
53058 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

(A) Timing of the application. You

must submit the application to the

Administrator not later than with the

comprehensive performance test plan.

(B) Content of the application. You

must include in the application:

(1) Data or information justifying your

request for an alternative monitoring

requirement (or for a waiver of an

operating parameter limit), such as the

technical or economic infeasibility or

the impracticality of using the required

approach;

(2) A description of the proposed

alternative monitoring requirement,

including the operating parameter to be

monitored, the monitoring approach/

technique (e.g., type of detector,

monitoring location), the averaging

period for the limit, and how the limit

is to be calculated; and

(3) Data or information documenting

that the alternative monitoring

requirement would provide equivalent

or better assurance of compliance with

the relevant emission standard, or that

it is the monitoring requirement that

best assures compliance with the

standard and that is technically and

economically practicable.

(C) Approval of request to use an

alternative monitoring requirement or

waive an operating parameter limit. The

Administrator will notify you of

approval or intention to deny approval

of the request within 90 calendar days

after receipt of the original request and

within 60 calendar days after receipt of

any supplementary information that you

submit. The Administrator will not

approve an alternative monitoring

request unless the alternative

monitoring requirement provides

equivalent or better assurance of

compliance with the relevant emission

standard, or is the monitoring

requirement that best assures

compliance with the standard and that

is technically and economically

practicable. Before disapproving any

request, the Administrator will notify

you of the Administrator’s intention to

disapprove the request together with:

(1) Notice of the information and

findings on which the intended

disapproval is based; and

(2) Notice of opportunity for you to

present additional information to the

Administrator before final action on the

request. At the time the Administrator

notifies you of intention to disapprove

the request, the Administrator will

specify how much time you will have

after being notified of the intended

disapproval to submit the additional

information.

(D) Responsibility of owners and

operators. You are responsible for

ensuring that you submit any

supplementary and additional

information supporting your application

in a timely manner to enable the

Administrator to consider your

application during review of the

comprehensive performance test plan.

Neither your submittal of an

application, nor the Administrator’s

failure to approve or disapprove the

application, relieves you of the

responsibility to comply with the

provisions of this subpart.

(2) Administrator’s discretion to

specify additional or alternative

requirements. The Administrator may

determine on a case-by-case basis at any

time (e.g., during review of the

comprehensive performance test plan,

during compliance certification review)

that you may need to limit additional or

alternative operating parameters (e.g.,

opacity in addition to or in lieu of

operating parameter limits on the

particulate matter control device) or that

alternative approaches to establish

limits on operating parameters may be

necessary to document compliance with

the emission standards of this subpart.

(h) Reduction of monitoring data. The

provisions of § 63.8(g) apply.

(i) When an operating parameter is

applicable to multiple standards.

Paragraphs (j) through (p) of this section

require you to establish limits on

operating parameters based on

comprehensive performance testing to

ensure you maintain compliance with

the emission standards of this subpart.

For several parameters, you must

establish a limit for the parameter to

ensure compliance with more than one

emission standard. An example is a

limit on minimum combustion chamber

temperature to ensure compliance with

both the DRE standard of paragraph (j)

of this section and the dioxin/furan

standard of paragraph (k) of this section.

If the performance tests for such

standards are not performed

simultaneously, the most stringent limit

for a parameter derived from

independent performance tests applies.

(j) DRE. To remain in compliance

with the destruction and removal

efficiency (DRE) standard, you must

establish operating limits during the

comprehensive performance test (or

during a previous DRE test under

provisions of § 63.1206(b)(7)) for the

following parameters, unless the limits

are based on manufacturer

specifications, and comply with those

limits at all times that hazardous waste

remains in the combustion chamber

(i.e., the hazardous waste residence time

has not transpired since the hazardous

waste feed cutoff system was activated):

(1) Minimum combustion chamber

temperature. (i) You must measure the

temperature of each combustion

chamber at a location that best

represents, as practicable, the bulk gas

temperature in the combustion zone.

You must document the temperature

measurement location in the test plan

you submit under § 63.1207(e);

(ii) You must establish a minimum

hourly rolling average limit as the

average of the test run averages;

(2) Maximum flue gas flowrate or

production rate. (i) As an indicator of

gas residence time in the control device,

you must establish and comply with a

limit on the maximum flue gas flowrate,

the maximum production rate, or

another parameter that you document in

the site-specific test plan as an

appropriate surrogate for gas residence

time, as the average of the maximum

hourly rolling averages for each run.

(ii) You must comply with this limit

on a hourly rolling average basis;

(3) Maximum hazardous waste

feedrate. (i) You must establish limits

on the maximum pumpable and total

(i.e., pumpable and nonpumpable)

hazardous waste feedrate for each

location where hazardous waste is fed.

(ii) You must establish the limits as

the average of the maximum hourly

rolling averages for each run.

(iii) You must comply with the

feedrate limit(s) on a hourly rolling

average basis;

(4) Operation of waste firing system.

You must specify operating parameters

and limits to ensure that good operation

of each hazardous waste firing system is

maintained.

(k) Dioxins and furans. You must

comply with the dioxin and furans

emission standard by establishing and

complying with the following operating

parameter limits. You must base the

limits on operations during the

comprehensive performance test, unless

the limits are based on manufacturer

specifications.

(1) Gas temperature at the inlet to a

dry particulate matter control device. (i)

For hazardous waste burning

incinerators and cement kilns, if the

combustor is equipped with an

electrostatic precipitator, baghouse

(fabric filter), or other dry emissions

control device where particulate matter

is suspended in contact with

combustion gas, you must establish a

limit on the maximum temperature of

the gas at the inlet to the device on an

hourly rolling average. You must

establish the hourly rolling average limit

as the average of the test run averages.

(ii) For hazardous waste burning

lightweight aggregate kilns, you must

establish a limit on the maximum

temperature of the gas at the exit of the

(last) combustion chamber (or exit of
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53059

any waste heat recovery system) on an

hourly rolling average. The limit must

be established as the average of the test

run averages;

(2) Minimum combustion chamber

temperature. (i) You must measure the

temperature of each combustion

chamber at a location that best

represents, as practicable, the bulk gas

temperature in the combustion zone.

You must document the temperature

measurement location in the test plan

you submit under §§ 63.1207(e) and (f);

(ii) You must establish a minimum

hourly rolling average limit as the

average of the test run averages.

(3) Maximum flue gas flowrate or

production rate. (i) As an indicator of

gas residence time in the control device,

you must establish and comply with a

limit on the maximum flue gas flowrate,

the maximum production rate, or

another parameter that you document in

the site-specific test plan as an

appropriate surrogate for gas residence

time, as the average of the maximum

hourly rolling averages for each run.

(ii) You must comply with this limit

on a hourly rolling average basis;

(4) Maximum waste feedrate. (i) You

must establish limits on the maximum

pumpable and total (pumpable and

nonpumpable) waste feedrate for each

location where waste is fed.

(ii) You must establish the limits as

the average of the maximum hourly

rolling averages for each run.

(iii) You must comply with the

feedrate limit(s) on a hourly rolling

average basis;

(5) Particulate matter operating limit.

If your combustor is equipped with an

activated carbon injection or a carbon

bed system, you must limit particulate

matter emissions to the level achieved

during the comprehensive performance

test as prescribed by paragraph (m) of

this section;

(6) Activated carbon injection

parameter limits. If your combustor is

equipped with an activated carbon

injection system:

(i) Carbon feedrate. You must

establish a limit on minimum carbon

injection rate on an hourly rolling

average calculated as the average of the

test run averages. If your carbon

injection system injects carbon at more

than one location, you must establish a

carbon feedrate limit for each location.

(ii) Carrier fluid. You must establish

a limit on minimum carrier fluid (gas or

liquid) flowrate or pressure drop as an

hourly rolling average based on the

manufacturer’s specifications. You must

document the specifications in the test

plan you submit under §§ 63.1207(e)

and (f);

(iii) Carbon specification. (A) You

must specify and use the brand (i.e.,

manufacturer) and type of carbon used

during the comprehensive performance

test until a subsequent comprehensive

performance test is conducted, unless

you document in the site-specific

performance test plan required under

§§ 63.1207(e) and (f) key parameters that

affect adsorption and establish limits on

those parameters based on the carbon

used in the performance test.

(B) You may substitute at any time a

different brand or type of carbon

provided that the replacement has

equivalent or improved properties

compared to the carbon used in the

performance test and conforms to the

key sorbent parameters you identify

under paragraph (k)(6)(iii)(A) of this

section. You must include in the

operating record documentation that the

substitute carbon will provide the same

level of control as the original carbon.

(7) Carbon bed parameter limits. If

your combustor is equipped with a

carbon bed system:

(i) Maximum bed age. (A) Except as

provided by paragraph (k)(7)(i)(C) of this

section, the maximum age of the carbon

in each segment of the bed before you

must replace the carbon is the age of the

bed during the comprehensive

performance test.

(B) You must measure carbon age in

terms of the cumulative volume of

combustion gas flow through carbon

since its addition. For beds with

multiple segments, you must establish

the maximum age for each segment.

(C) For the initial comprehensive

performance test, you may base the

initial limit on maximum age of the

carbon in each segment of the bed on

manufacturer’s specifications. If you use

manufacturer’s specifications rather

than actual bed age to establish the

initial limit, you must also recommend

in the initial comprehensive

performance test plan a schedule for

subsequent dioxin/furan emissions

testing, prior to the confirmatory

performance test, that you will use to

document to the Administrator that the

initial limit on maximum bed age

ensures compliance with the dioxin/

furan emission standard. If you fail to

confirm compliance with the emission

standard during this testing, you must

conduct additional testing as necessary

to document that a revised lower limit

on maximum bed age ensures

compliance with the standard.

(ii) Carbon specification. (A) You

must specify and use the brand (i.e.,

manufacturer) and type of carbon used

during the comprehensive performance

test until a subsequent comprehensive

performance test is conducted, unless

you document in the site-specific

performance test plan required under

§§ 63.1207(e) and (f) key parameters that

affect adsorption and establish limits on

those parameters based on the carbon

used in the performance test.

(B) You may substitute at any time a

different brand or type of carbon

provided that the replacement has

equivalent or improved properties

compared to the carbon used in the

performance test. You must include in

the operating record documentation that

the substitute carbon will provide an

equivalent or improved level of control

as the original carbon.

(iii) Maximum temperature. You must

measure the temperature of the carbon

bed at either the bed inlet or exit and

you must establish a maximum

temperature limit on an hourly rolling

average as the average of the test run

averages.

(8) Catalytic oxidizer parameter

limits. If your combustor is equipped

with a catalytic oxidizer, you must

establish limits on the following

parameters:

(i) Minimum flue gas temperature at

the entrance of the catalyst. You must

establish a limit on minimum flue gas

temperature at the entrance of the

catalyst on an hourly rolling average as

the average of the test run averages.

(ii) Maximum time in-use. You must

replace a catalytic oxidizer with a new

catalytic oxidizer when it has reached

the maximum service time specified by

the manufacturer.

(iii) Catalyst replacement

specifications. When you replace a

catalyst with a new one, the new

catalyst must be equivalent to or better

than the one used during the previous

comprehensive test, as measured by:

(A) Catalytic metal loading for each

metal;

(B) Space time, expressed in the units

s-1, the maximum rated volumetric flow

of combustion gas through the catalyst

divided by the volume of the catalyst;

and

(C) Substrate construction, including

materials of construction, washcoat

type, and pore density.

(iv) Maximum flue gas temperature.

You must establish a maximum flue gas

temperature limit at the entrance of the

catalyst as an hourly rolling average,

based on manufacturer’s specifications.

(9) Inhibitor feedrate parameter limits.

If you feed a dioxin/furan inhibitor into

the combustion system, you must

establish limits for the following

parameters:

(i) Minimum inhibitor feedrate. You

must establish a limit on minimum

inhibitor feedrate on an hourly rolling
53060 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

average as the average of the test run

averages.

(ii) Inhibitor specifications. (A) You

must specify and use the brand (i.e.,

manufacturer) and type of inhibitor

used during the comprehensive

performance test until a subsequent

comprehensive performance test is

conducted, unless you document in the

site-specific performance test plan

required under §§ 63.1207(e) and (f) key

parameters that affect the effectiveness

of the inhibitor and establish limits on

those parameters based on the inhibitor

used in the performance test.

(B) You may substitute at any time a

different brand or type of inhibitor

provided that the replacement has

equivalent or improved properties

compared to the inhibitor used in the

performance test and conforms to the

key parameters you identify under

paragraph (k)(9)(ii)(A) of this section.

You must include in the operating

record documentation that the

substitute inhibitor will provide the

same level of control as the original

inhibitor.

(l) Mercury. You must comply with

the mercury emission standard by

establishing and complying with the

following operating parameter limits.

You must base the limits on operations

during the comprehensive performance

test, unless the limits are based on

manufacturer specifications.

(1) Feedrate of total mercury. You

must establish a 12-hour rolling average

limit for the total feedrate of mercury in

all feedstreams as the average of the

hourly rolling averages for each run,

unless mercury feedrate limits are

extrapolated from performance test

feedrate levels under the following

provisions.

(i) You may request as part of the

performance test plan under §§ 63.7(b)

and (c) and §§ 63.1207(e) and (f) to use

the mercury feedrates and associated

emission rates during the

comprehensive performance test to

extrapolate to higher allowable feedrate

limits and emission rates.

(ii) The extrapolation methodology

will be reviewed and approved, as

warranted, by the Administrator. The

review will consider in particular

whether:

(A) Performance test metal feedrates

are appropriate (i.e., whether feedrates

are at least at normal levels; depending

on the heterogeneity of the waste,

whether some level of spiking would be

appropriate; and whether the physical

form and species of spiked material is

appropriate); and

(B) Whether the extrapolated feedrates

you request are warranted considering

historical metal feedrate data.

(iii) The Administrator will review

the performance test results in making

a finding of compliance required by

§§ 63.6(f)(3) and 63.1206(b)(3) to ensure

that you have interpreted emission test

results properly and that the

extrapolation procedure is appropriate

for your source.

(2) Wet scrubber. If your combustor is

equipped with a wet scrubber, you must

establish operating parameter limits

prescribed by paragraph (o)(3) of this

section.

(3) Activated carbon injection. If your

combustor is equipped with an

activated carbon injection system, you

must establish operating parameter

limits prescribed by paragraph (k)(7) of

this section.

(4) Activated carbon bed. If your

combustor is equipped with a carbon

bed system, you must establish

operating parameter limits prescribed by

paragraph (k)(8) of this section.

(m) Particulate matter. You must

comply with the particulate matter

emission standard by establishing and

complying with the following operating

parameter limits. You must base the

limits on operations during the

comprehensive performance test, unless

the limits are based on manufacturer

specifications.

(1) Control device operating

parameter limits (OPLs). (i) Wet

scrubbers. For sources equipped with

wet scrubbers, including ionizing wet

scrubbers, high energy wet scrubbers

such as venturi, hydrosonic, collision,

or free jet wet scrubbers, and low energy

wet scrubbers such as spray towers,

packed beds, or tray towers, you must

establish limits on the following

parameters:

(A) For high energy scrubbers only,

minimum pressure drop across the wet

scrubber on an hourly rolling average,

established as the average of the test run

averages;

(B) For all wet scrubbers:

(1) To ensure that the solids content

of the scrubber liquid does not exceed

levels during the performance test, you

must either:

(i) Establish a limit on solids content

of the scrubber liquid using a CMS or

by manual sampling and analysis. If you

elect to monitor solids content

manually, you must sample and analyze

the scrubber liquid hourly unless you

support an alternative monitoring

frequency in the performance test plan

that you submit for review and

approval; or

(ii) Establish a minimum blowdown

rate using a CMS and either a minimum

scrubber tank volume or liquid level

using a CMS.

(2) For maximum solids content

monitored with a CMS, you must

establish a limit on a twelve-hour

rolling average as the average of the test

run averages.

(3) For maximum solids content

measured manually, you must establish

an hourly limit, as measured at least

once per hour, unless you support an

alternative monitoring frequency in the

performance test plan that you submit

for review and approval. You must

establish the maximum hourly limit as

the average of the manual measurement

averages for each run.

(4) For minimum blowdown rate and

either a minimum scrubber tank volume

or liquid level using a CMS, you must

establish a limit on an hourly rolling

average as the average of the test run

averages.

(C) For high energy wet scrubbers

only, you must establish limits on either

the minimum liquid to gas ratio or the

minimum scrubber water flowrate and

maximum flue gas flowrate on an hourly

rolling average. If you establish limits

on maximum flue gas flowrate under

this paragraph, you need not establish a

limit on maximum flue gas flowrate

under paragraph (m)(2) of this section.

You must establish these hourly rolling

average limits as the average of the test

run averages; and

(D) You must establish limits on

minimum power input for ionizing wet

scrubbers on an hourly rolling average

as the average of the test run averages.

(ii) Baghouses. If your combustor is

equipped with a baghouse, you must

establish a limit on minimum pressure

drop and maximum pressure drop

across each baghouse cell based on

manufacturer’s specifications. You must

comply with the limit on an hourly

rolling average.

(iii) Electrostatic precipitators. If your

combustor is equipped with an

electrostatic precipitator, you must

establish a limit on minimum secondary

power input (kVa) for each field on an

hourly rolling average as the average of

the test run averages. Secondary power

is power actually fed to the electrostatic

precipitator rather than primary power

fed to the transformer-rectifier sets.

(iv) Other particulate matter control

devices. For each control device that is

not a high energy or ionizing wet

scrubber, baghouse, or electrostatic

precipitator but is operated to comply

with the particulate matter emission

standards of this subpart, you must

ensure that the control device is

properly operated and maintained as

required by § 63.1206(c)(7) and by

monitoring the operation of the control

device as follows:
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53061

(A) During each comprehensive

performance test conducted to

demonstrate compliance with the

particulate matter emissions standard,

you must establish a range of operating

values for the control device that is a

representative and reliable indicator

that the control device is operating

within the same range of conditions as

during the performance test. You must

establish this range of operating values

as follows:

(1) You must select a set of operating

parameters appropriate for the control

device design that you determine to be

a representative and reliable indicator of

the control device performance.

(2) You must measure and record

values for each of the selected operating

parameters during each test run of the

performance test. A value for each

selected parameter must be recorded

using a continuous monitor.

(3) For each selected operating

parameter measured in accordance with

the requirements of paragraph

(m)(1)(iv)(A)(1) of this section, you must

establish a minimum operating

parameter limit or a maximum operating

parameter limit, as appropriate for the

parameter, to define the operating limits

within which the control device can

operate and still continuously achieve

the same operating conditions as during

the performance test.

(4) You must prepare written

documentation to support the operating

parameter limits established for the

control device and you must include

this documentation in the performance

test plan that you submit for review and

approval. This documentation must

include a description for each selected

parameter and the operating range and

monitoring frequency required to ensure

the control device is being properly

operated and maintained.

(B) You must install, calibrate,

operate, and maintain a monitoring

device equipped with a recorder to

measure the values for each operating

parameter selected in accordance with

the requirements of paragraph

(m)(1)(iv)(A)(1) of this section. You

must install, calibrate, and maintain the

monitoring equipment in accordance

with the equipment manufacturer’s

specifications. The recorder must record

the detector responses at least every 60

seconds, as required in the definition of

continuous monitor.

(C) You must regularly inspect the

data recorded by the operating

parameter monitoring system at a

sufficient frequency to ensure the

control device is operating properly. An

excursion is determined to have

occurred any time that the actual value

of a selected operating parameter is less

than the minimum operating limit (or, if

applicable, greater than the maximum

operating limit) established for the

parameter in accordance with the

requirements of paragraph

(m)(1)(iv)(A)(3) of this section.

(D) Operating parameters selected in

accordance with paragraph (m)(1)(iv) of

this section may be based on

manufacturer specifications provided

you support the use of manufacturer

specifications in the performance test

plan that you submit for review and

approval.

(2) Maximum flue gas flowrate or

production rate. (i) As an indicator of

gas residence time in the control device,

you must establish a limit on the

maximum flue gas flowrate, the

maximum production rate, or another

parameter that you document in the

site-specific test plan as an appropriate

surrogate for gas residence time, as the

average of the maximum hourly rolling

averages for each run.

(ii) You must comply with this limit

on a hourly rolling average basis;

(3) Maximum ash feedrate. Owners

and operators of hazardous waste

incinerators must establish a maximum

ash feedrate limit as the average of the

highest hourly rolling averages for each

run.

(n) Semivolatile metals and low

volatility metals. You must comply with

the semivolatile metal (cadmium and

lead) and low volatile metal (arsenic,

beryllium, and chromium) emission

standards by establishing and

complying with the following operating

parameter limits. You must base the

limits on operations during the

comprehensive performance test, unless

the limits are based on manufacturer

specifications.

(1) Maximum inlet temperature to dry

particulate matter air pollution control

device. You must establish a limit on

the maximum inlet temperature to the

primary dry metals emissions control

device (e.g., electrostatic precipitator,

baghouse) on an hourly rolling average

basis as the average of the test run

averages.

(2) Maximum feedrate of semivolatile

and low volatile metals. (i) General. You

must establish feedrate limits for

semivolatile metals (cadmium and lead)

and low volatile metals (arsenic,

beryllium, and chromium) as follows,

except as provided by paragraph

(n)(2)(ii) of this section:

(A) You must establish a 12-hour

rolling average limit for the feedrate of

cadmium and lead, combined, in all

feedstreams as the average of the

average hourly rolling averages for each

run;

(B) You must establish a 12-hour

rolling average limit for the feedrate of

arsenic, beryllium, and chromium,

combined, in all feedstreams as the

average of the average hourly rolling

averages for each run; and

(C) You must establish a 12-hour

rolling average limit for the feedrate of

arsenic, beryllium, and chromium,

combined, in all pumpable feedstreams

as the average of the average hourly

rolling averages for each run. Dual

feedrate limits for both pumpable and

total feedstreams are not required,

however, if you base the total feedrate

limit solely on the feedrate of pumpable

feedstreams.

(ii) Feedrate extrapolation. (A) You

may request as part of the performance

test plan under §§ 63.7(b) and (c) and

§§ 63.1207(e) and (f) to use the

semivolatile metal and low volatile

metal feedrates and associated emission

rates during the comprehensive

performance test to extrapolate to higher

allowable feedrate limits and emission

rates.

(B) The extrapolation methodology

will be reviewed and approved, as

warranted, by the Administrator. The

review will consider in particular

whether:

(1) Performance test metal feedrates

are appropriate (i.e., whether feedrates

are at least at normal levels; depending

on the heterogeneity of the waste,

whether some level of spiking would be

appropriate; and whether the physical

form and species of spiked material is

appropriate); and

(2) Whether the extrapolated feedrates

you request are warranted considering

historical metal feedrate data.

(C) The Administrator will review the

performance test results in making a

finding of compliance required by

§§ 63.6(f)(3) and 63.1206(b)(3) to ensure

that you have interpreted emission test

results properly and that the

extrapolation procedure is appropriate

for your source.

(3) Control device operating

parameter limits (OPLs). You must

establish operating parameter limits on

the particulate matter control device as

specified by paragraph (m)(1) of this

section;

(4) Maximum total chlorine and

chloride feedrate. You must establish a

12-hour rolling average limit for the

feedrate of total chlorine and chloride in

all feedstreams as the average of the

average hourly rolling averages for each

run.

(5) Maximum flue gas flowrate or

production rate. (i) As an indicator of

gas residence time in the control device,

you must establish a limit on the

maximum flue gas flowrate, the
53062 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

maximum production rate, or another

parameter that you document in the

site-specific test plan as an appropriate

surrogate for gas residence time, as the

average of the maximum hourly rolling

averages for each run.

(ii) You must comply with this limit

on a hourly rolling average basis.

(o) Hydrochloric acid and chlorine

gas. You must comply with the

hydrogen chloride and chlorine gas

emission standard by establishing and

complying with the following operating

parameter limits. You must base the

limits on operations during the

comprehensive performance test, unless

the limits are based on manufacturer

specifications.

(1) Feedrate of total chlorine and

chloride. You must establish a 12-hour

rolling average limit for the total

feedrate of chlorine (organic and

inorganic) in all feedstreams as the

average of the average hourly rolling

averages for each run.

(2) Maximum flue gas flowrate or

production rate. (i) As an indicator of

gas residence time in the control device,

you must establish a limit on the

maximum flue gas flowrate, the

maximum production rate, or another

parameter that you document in the

site-specific test plan as an appropriate

surrogate for gas residence time, as the

average of the maximum hourly rolling

averages for each run.

(ii) You must comply with this limit

on a hourly rolling average basis;

(3) Wet scrubber. If your combustor is

equipped with a wet scrubber:

(i) If your source is equipped with a

high energy wet scrubber such as a

venturi, hydrosonic, collision, or free jet

wet scrubber, you must establish a limit

on minimum pressure drop across the

wet scrubber on an hourly rolling

average as the average of the test run

averages;

(ii) If your source is equipped with a

low energy wet scrubber such as a spray

tower, packed bed, or tray tower, you

must establish a minimum pressure

drop across the wet scrubber based on

manufacturer’s specifications. You must

comply with the limit on an hourly

rolling average;

(iii) If your source is equipped with a

low energy wet scrubber, you must

establish a limit on minimum liquid

feed pressure to the wet scrubber based

on manufacturer’s specifications. You

must comply with the limit on an

hourly rolling average;

(iv) You must establish a limit on

minimum pH on an hourly rolling

average as the average of the test run

averages;

(v) You must establish limits on either

the minimum liquid to gas ratio or the

minimum scrubber water flowrate and

maximum flue gas flowrate on an hourly

rolling average as the average of the test

run averages. If you establish limits on

maximum flue gas flowrate under this

paragraph, you need not establish a

limit on maximum flue gas flowrate

under paragraph (o)(2) of this section;

and

(vi) You must establish a limit on

minimum power input for ionizing wet

scrubbers on an hourly rolling average

as the average of the test run averages.

(4) Dry scrubber. If your combustor is

equipped with a dry scrubber, you must

establish the following operating

parameter limits:

(i) Minimum sorbent feedrate. You

must establish a limit on minimum

sorbent feedrate on an hourly rolling

average as the average of the test run

averages.

(ii) Minimum carrier fluid flowrate or

nozzle pressure drop. You must

establish a limit on minimum carrier

fluid (gas or liquid) flowrate or nozzle

pressure drop based on manufacturer’s

specifications.

(iii) Sorbent specifications. (A) You

must specify and use the brand (i.e.,

manufacturer) and type of sorbent used

during the comprehensive performance

test until a subsequent comprehensive

performance test is conducted, unless

you document in the site-specific

performance test plan required under

§§ 63.1207(e) and (f) key parameters that

affect adsorption and establish limits on

those parameters based on the sorbent

used in the performance test.

(B) You may substitute at any time a

different brand or type of sorbent

provided that the replacement has

equivalent or improved properties

compared to the sorbent used in the

performance test and conforms to the

key sorbent parameters you identify

under paragraph (o)(4)(iii)(A) of this

section. You must record in the

operating record documentation that the

substitute sorbent will provide the same

level of control as the original sorbent.

(p) Maximum combustion chamber

pressure. If you comply with the

requirements for combustion system

leaks under § 63.1206(c)(5) by

maintaining the maximum combustion

chamber zone pressure lower than

ambient pressure, you must monitor the

pressure instantaneously and the

automatic waste feed cutoff system must

be engaged when negative pressure is

not maintained at any time.

(q) Operating under different modes

of operation. If you operate under

different modes of operation, you must

establish operating parameter limits for

each mode. You must document in the

operating record when you change a

mode of operation and begin complying

with the operating parameter limits for

an alternative mode of operation. You

must begin calculating rolling averages

anew (i.e., without considering previous

recordings) when you begin complying

with the operating parameter limits for

the alternative mode of operation.

Notification, Reporting and

Recordkeeping

§ 63.1210 What are the notification

requirements?

(a) Summary of requirements. (1) You

must submit the following notifications

to the Administrator:

Reference Notification

63.9(b) .................................................. Initial notifications that you are subject to Subpart EEE of this Part.

63.1210(b) and (c) ................................ Notification of intent to comply.

63.9(d) .................................................. Notification that you are subject to special compliance requirements.

63.1207(e), 63.9(e) 63.9(g)(1) and (3) Notification of performance test and continuous monitoring system evaluation, including the performance test plan and CMS performance evaluation plan.1

63.1210(d), 63.1207(j), 63.9(h),

63.10(d)(2), 63.10(e)(2).

Notification of compliance, including results of performance tests and continuous monitoring system

performance evaluations.

63.1206(b)(6) ........................................ Notification of changes in design, operation, or maintenance.

63.9(j) ................................................... Notification and documentation of any change in information already provided under § 63.9.

1You may also be required on a case-by-case basis to submit a feedstream analysis plan under § 63.1209(c)(3).

(2) You must submit the following notifications to the Administrator if you request or elect to comply with alternative

requirements:
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53063

Reference Notification, request, petition, or application

63.1206(b)(5), 63.1213, 63.6(i), 63.9(c) You may request an extension of the compliance date for up to one year.

63.9(i) ................................................... You may request an adjustment to time periods or postmark deadlines for submittal and review of required information.

63.1209(g)(1) ........................................ You may request approval of: (1) alternative monitoring methods, except for standards that you must

monitor with a continuous emission monitoring system (CEMS) and except for requests to use a

CEMS in lieu of operating parameter limits; or (2) a waiver of an operating parameter limit.

63.1209(a)(5), 63.8(f) ........................... You may request: (1) approval of alternative monitoring methods for compliance with standards that are

monitored with a CEMS; and (2) approval to use a CEMS in lieu of operating parameter limits.

63.1204(d)(4) ........................................ Notification that you elect to comply with the emission averaging requirements for cement kilns with inline raw mills.

63.1204(e)(4) ........................................ Notification that you elect to comply with the emission averaging requirements for preheater or preheater/precalciner kilns with dual stacks.

63.1206(b)(1)(ii)(A) ............................... Notification that you elect to document compliance with all applicable requirements and standards promulgated under authority of the Clean Air Act, including Sections 112 and 129, in lieu of the requirements of Subpart EEE of this Part when not burning hazardous waste.

63.1206(b)(5)(i)(C)(2) ........................... You may request to burn hazardous waste for more than 720 hours and for purposes other than testing

or pretesting after a making a change in the design or operation that could affect compliance with

emission standards and prior to submitting a revised Notification of Compliance.

63.1206(b)(9)(iii)(B) .............................. If you elect to conduct particulate matter CEMS correlation testing and wish to have federal particulate

matter and opacity standards and associated operating limits waived during the testing, you must notify the Administrator by submitting the correlation test plan for review and approval.

63.1206(b)(10) ...................................... Owners and operators of lightweight aggregate kilns may request approval of alternative emission

standards for mercury, semivolatile metal, low volatile metal, and hydrochloric acid/chlorine gas under

certain conditions.

63.1206(b)(11) ...................................... Owners and operators of cement kilns may request approval of alternative emission standards for mercury, semivolatile metal, low volatile metal, and hydrochloric acid/chlorine gas under certain conditions.

63.1206(b)(14) ...................................... Owners and operators of incinerators may comply with an alternative particulate matter standard of 68

mg/dscm, corrected to 7% oxygen, under a petition documenting de minimis metals levels in

feedstreams.

63.1207(c)(2) ........................................ You may request to base initial compliance on data in lieu of a comprehensive performance test.

63.1207(d)(3) ........................................ You may request more than 60 days to complete a performance test if additional time is needed for

reasons beyond your control.

63.1207(i) ............................................. You may request up to a one-year time extension for conducting a performance test (other than the initial comprehensive performance test) to consolidate testing with other state or federally-required testing.

63.1207(j)(4) ......................................... You may request more than 90 days to submit a Notification of Compliance after completing a performance test if additional time is needed for reasons beyond your control.

63.1207(l)(3) ......................................... After failure of a performance test, you may request to burn hazardous waste for more than 720 hours

and for purposes other than testing or pretesting.

63.1209(l)(1) ......................................... You may request to extrapolate mercury feedrate limits.

63.1209(n)(2)(ii) .................................... You may request to extrapolate semivolatile and low volatile metal feedrate limits.

63.10(e)(3)(ii) ........................................ You may request to reduce the frequency of excess emissions and CMS performance reports.

63.10(f) ................................................. You may request to waive recordkeeping or reporting requirements.

63.1211(e) ............................................ You may request to use data compression techniques to record data on a less frequent basis than required by § 63.1209.

(b) Notification of intent to comply

(NIC). (1) You must prepare a

Notification of Intent to Comply that

includes the following information:

(i) General information:

(A) The name and address of the

owner/operator and the source;

(B) Whether the source is a major or

an area source;

(C) Waste minimization and emission

control technique(s) being considered;

(D) Emission monitoring technique(s)

you are considering;

(E) Waste minimization and emission

control technique(s) effectiveness;

(F) A description of the evaluation

criteria used or to be used to select

waste minimization and/or emission

control technique(s); and

(G) A statement that you intend to

comply with the emission standards of

this subpart.

(ii) Information on key activities and

estimated dates for these activities that

will bring the source into compliance

with emission control requirements of

this subpart. The submission of key

activities and dates is not intended to be

static and you may revise them during

the period the NIC is in effect. You must

submit revisions to the Administrator

and make them available to the public.

You must include the following key

activities and dates:

(A) The dates for beginning and

completion of engineering studies to

evaluate emission control systems or

process changes for emissions;

(B) The date by which you will award

contracts for emission control systems

or process changes for emission control,

or the date by which you will issue

orders for the purchase of component

parts to accomplish emission control or

process changes;

(C) The date by which you will

submit construction applications;

(D) The date by which you will

initiate on-site construction, installation

of emission control equipment, or

process change;

(E) The date by which you will

complete on-site construction,

installation of emission control

equipment, or process change; and

(F) The date by which you will

achieve final compliance. The

individual dates and milestones listed

in paragraphs (b)(1)(ii)(A) through (F) of

this section as part of the NIC are not

requirements and therefore are not

enforceable deadlines; the requirements

of paragraphs (b)(1)(ii)(A) through (F) of

this section must be included as part of

the NIC only to inform the public of
53064 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

your intention to comply with the

emission standards of this subpart.

(iii) A summary of the public meeting

required under paragraph (c) of this

section.

(iv) If you do not intent to comply, but

will not stop burning hazardous waste

by October 1, 2001 a certification that:

(A) You will stop burning hazardous

waste on or before September 30, 2002;

and

(B) It is necessary to combust the

hazardous waste from another on-site

source, during the year prior to

September 30, 2002 because that other

source is:

(1) Installing equipment to come into

compliance with the emission standards

of this subpart; or

(2) Installing source reduction

modifications to eliminate the need for

further combustion of wastes.

(2) You must make a draft of the NIC

available for public review no later than

30 days prior to the public meeting

required under paragraph (c)(1) of this

section.

(3) You must submit the final NIC to

the Administrator no later than October

2, 2000.

(c) NIC public meeting and notice. (1)

Prior to the submission of the NIC to the

permitting agency, and no later than

July 31, 2000, you must hold at least one

informal meeting with the public to

discuss anticipated activities described

in the draft NIC for achieving

compliance with the emission standards

of this subpart. You must post a sign-in

sheet or otherwise provide a voluntary

opportunity for attendees to provide

their names and addresses.

(2) You must submit a summary of the

meeting, along with the list of attendees

and their addresses developed under

paragraph (b)(1) of this section, and

copies of any written comments or

materials submitted at the meeting, to

the Administrator as part of the final

NIC, in accordance with paragraph

(b)(1)(iii) of this section.

(3) You must provide public notice of

the NIC meeting at least 30 days prior

to the meeting. You must provide public

notice in all of the following forms:

(i) Newspaper advertisement. You

must publish a notice in a newspaper of

general circulation in the county or

equivalent jurisdiction of your facility.

In addition, you must publish the notice

in newspapers of general circulation in

adjacent counties or equivalent

jurisdiction where such publication

would be necessary to inform the

affected public. You must publish the

notice as a display advertisement.

(ii) Visible and accessible sign. You

must post a notice on a clearly marked

sign at or near the source. If you place

the sign on the site of the hazardous

waste combustor, the sign must be large

enough to be readable from the nearest

spot where the public would pass by the

site.

(iii) Broadcast media announcement.

You must broadcast a notice at least

once on at least one local radio station

or television station.

(iv) Notice to the facility mailing list.

You must provide a copy of the notice

to the facility mailing list in accordance

with § 124.10(c)(1)(ix) of this chapter.

(4) You must include the following in

the notices required under paragraph

(c)(3) of this section:

(i) The date, time, and location of the

meeting;

(ii) A brief description of the purpose

of the meeting;

(iii) A brief description of the source

and proposed operations, including the

address or a map (e.g., a sketched or

copied street map) of the source

location;

(iv) A statement encouraging people

to contact the source at least 72 hours

before the meeting if they need special

access to participate in the meeting;

(v) A statement describing how the

draft NIC can be obtained; and

(vi) The name, address, and telephone

number of a contact person for the NIC.

(d) Notification of compliance. (1) The

Notification of Compliance status

requirements of § 63.9(h) apply, except

that:

(i) The notification is a Notification of

Compliance, rather than compliance

status;

(ii) The notification is required for the

initial comprehensive performance test

and each subsequent comprehensive

and confirmatory performance test; and

(iii) You must postmark the

notification before the close of business

on the 90th day following completion of

relevant compliance demonstration

activity specified in this subpart rather

than the 60th day as required by

§ 63.9(h)(2)(ii).

(2) Upon postmark of the Notification

of Compliance, the operating parameter

limits identified in the Notification of

Compliance, as applicable, shall be

complied with, the limits identified in

the Documentation of Compliance or a

previous Notification of Compliance are

no longer applicable.

(3) The Notification of Compliance

requirements of § 63.1207(j) also apply.

§ 63.1211 What are the recordkeeping and

reporting requirements?

(a) Summary of reporting

requirements. You must submit the

following reports to the Administrator:

Reference Report

63.1211(b) ............................................ Compliance progress report associated and submitted with the notification of intent to comply.

63.10(d)(4) ............................................ Compliance progress reports, if required as a condition of an extension of the compliance date granted

under § 63.6(i).

63.1206(c)(3)(vi) ................................... Excessive exceedances reports.

63.1206(c)(4)(iv) ................................... Emergency safety vent opening reports.

63.10(d)(5)(i) ......................................... Periodic startup, shutdown, and malfunction reports.

63.10(d)(5)(ii) ........................................ Immediate startup, shutdown, and malfunction reports.

63.10(e)(3) ............................................ Excessive emissions and continuous monitoring system performance report and summary report.

(b) Compliance progress reports

associated with the notification of intent

to comply. (1) General. Not later than

October 1, 2001, you must comply with

the following, unless you comply with

paragraph (b)(2)(ii) of this section:

(i) Complete engineering design for

any physical modifications to the source

needed to comply with the emission

standards of this subpart;

(ii) Submit applicable construction

applications to the Administrator; and

(iii) Enter into a binding contractual

commitment to purchase, fabricate, and

install any equipment, devices, and

ancillary structures needed to comply

with the emission standards of this

subpart.

(2) Demonstration. (i) You must

submit to the Administrator a progress

report on or before October 1, 2001

which contains information

demonstrating that you have met the

requirements of paragraph (b)(1) of this

section. This information will be used

by the Administrator to determine if you

have made adequate progress towards

compliance with the emission standards

of this subpart.
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53065

(ii) If you intend to comply with the

emission standards of this subpart, but

can do so without undertaking any of

the activities described in paragraph

(b)(1) of this section, you must submit

documentation either:

(A) Demonstrating that you, at the

time of the progress report, are in

compliance with the emission standards

and operating requirements; or

(B) Specifying the steps that you will

take to comply, without undertaking

any of the activities listed in paragraphs

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

section.

(iii) If you do not comply with

paragraph (b)(1) or (b)(2)(ii) of this

section, you must stop burning

hazardous waste on or before October 1,

2001.

(3) Schedule. (i) You must include in

the progress report a detailed schedule

that lists key dates for all projects that

will bring the source into compliance

with the emission standards and

operating requirements of this subpart

(i.e., key dates for the activities required

under paragraphs (b)(1)(i) through (iii)

of this section). Dates must cover the

time frame from the progress report

through the compliance date of the

emission standards and operating

requirements of this subpart.

(ii) The schedule must contain the

following dates:

(A) Bid and award dates for

construction contracts and equipment

supply contractors;

(B) Milestones such as ground

breaking, completion of drawings and

specifications, equipment deliveries,

intermediate construction completions,

and testing;

(C) The dates on which applications

were submitted for or obtained

operating and construction permits or

licenses;

(D) The dates by which approvals of

any permits or licenses are anticipated;

and

(E) The projected date by which you

will comply with the emission

standards and operating requirements of

this subpart.

(4) Notice of intent to comply. You

must include a statement in the progress

report that you intend or do not intend

to comply with the emission standards

and operating requirements of this

subpart.

(5) Sources that do not intend to

comply. (i) If you indicated in your NIC

your intent not to comply with the

emission standards and operating

requirements of this subpart and stop

burning hazardous waste prior to

submitting a progress report, or if you

meet the requirements of

§ 63.1206(a)(2), you are exempt from the

requirements of paragraphs (b)(2) and

(b)(3) of this section. However, you must

include in your progress report the date

on which you stopped burning

hazardous waste and the date(s) you

submitted RCRA closure documents.

(ii) If you signify in the progress

report, submitted not later than October

1, 2001, your intention not to comply

with the emission standards and

operating requirements of this subpart,

you must stop burning hazardous waste

on or before October 1, 2001.

(c) Summary of recordkeeping

requirements. You must retain the

following in the operating record:

Reference Document, data, or information

63.1201(a), 63.10(b) and (c) ................ General. Information required to document and maintain compliance with the regulations of Subpart

EEE, including data recorded by continuous monitoring systems (CMS), and copies of all notifications, reports, plans, and other documents submitted to the Administrator.

63.1211(d) ............................................ Documentation of compliance.

63.1206(c)(3)(vii) .................................. Documentation and results of the automatic waste feed cutoff operability testing.

63.1209(c)(2) ........................................ Feedstream analysis plan.

63.1204(d)(3) ........................................ Documentation of compliance with the emission averaging requirements for cement kilns with in-line

raw mills.

63.1204(e)(3) ........................................ Documentation of compliance with the emission averaging requirements for preheater or preheater/

precalciner kilns with dual stacks.

63.1206(b)(1)(ii)(B) ............................... If you elect to comply with all applicable requirements and standards promulgated under authority of

the Clean Air Act, including Sections 112 and 129, in lieu of the requirements of Subpart EEE when

not burning hazardous waste, you must document in the operating record that you are in compliance

with those requirements.

63.1206(c)(2) ........................................ Startup, shutdown, and malfunction plan.

63.1206(c)(3)(v) .................................... Corrective measures for any automatic waste feed cutoff that results in an exceedance of an emission

standard or operating parameter limit.

63.1206(c)(4)(ii) .................................... Emergency safety vent operating plan.

63.1206(c)(4)(iii) ................................... Corrective measures for any emergency safety vent opening.

63.1206(c)(6) ........................................ Operator training and certification program.

63.1206(c)(7) ........................................ Ramp down procedures for waste feed cutoffs.

63.1209(k)(6)(iii), 63.1209(k)(7)(ii),

63.1209(k)(9)(ii), 63.1209(o)(4)(iii).

Documentation that a substitute activated carbon, dioxin/furan formation reaction inhibitor, or dry scrubber sorbent will provide the same level of control as the original material.

(d) Documentation of compliance. (1)

By the compliance date, you must

develop and include in the operating

record a Documentation of Compliance.

(2) The Documentation of Compliance

must identify the applicable emission

standards under this subpart and the

limits on the operating parameters

under § 63.1209 that will ensure

compliance with those emission

standards.

(3) You must include a signed and

dated certification in the Documentation

of Compliance that:

(i) Required CEMs and CMS are

installed, calibrated, and continuously

operating in compliance with the

requirements of this subpart; and

(ii) Based on an engineering

evaluation prepared under your

direction or supervision in accordance

with a system designed to ensure that

qualified personnel properly gathered

and evaluated the information and

supporting documentation, and

considering at a minimum the design,

operation, and maintenance

characteristics of the combustor and

emissions control equipment, the types,

quantities, and characteristics of

feedstreams, and available emissions

data:

(A) You are in compliance with the

emission standards of this subpart; and

(B) The limits on the operating

parameters under § 63.1209 ensure

compliance with the emission standards

of this subpart.

(4) You must comply with the

emission standards and operating

parameter limits specified in the

Documentation of Compliance.
53066 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

(e) Data compression. You may

submit a written request to the

Administrator for approval to use data

compression techniques to record data

from CMS, including CEMS, on a

frequency less than that required by

§ 63.1209. You must submit the request

for review and approval as part of the

comprehensive performance test plan.

(1) You must record a data value at

least once each ten minutes.

(2) For each CEMS or operating

parameter for which you request to use

data compression techniques, you must

recommend:

(i) A fluctuation limit that defines the

maximum permissible deviation of a

new data value from a previously

generated value without requiring you

to revert to recording each one-minute

value.

(A) If you exceed a fluctuation limit,

you must record each one-minute value

for a period of time not less than ten

minutes.

(B) If neither the fluctuation limit nor

the data compression limit are exceeded

during that period of time, you may

reinitiate recording data values on a

frequency of at least once each ten

minutes; and

(ii) A data compression limit defined

as the closest level to an operating

parameter limit or emission standard at

which reduced data recording is

allowed.

(A) Within this level and the

operating parameter limit or emission

standard, you must record each oneminute average.

(B) The data compression limit should

reflect a level at which you are unlikely

to exceed the specific operating

parameter limit or emission standard,

considering its averaging period, with

the addition of a new one-minute

average.

§ 63.1212 What are the other requirements

pertaining to the NIC and associated

progress reports?

(a) Certification of intent to comply.

(1) The Notice of Intent to Comply (NIC)

and Progress Report must contain the

following certification signed and dated

by an authorized representative of the

source: I certify under penalty of law

that I have personally examined and am

familiar with the information submitted

in this document and all attachments

and that, based on my inquiry of those

individuals immediately responsible for

obtaining the information, I believe that

the information is true, accurate, and

complete. I am aware that there are

significant penalties for submitting false

information, including the possibility of

fine and imprisonment.

(2) An authorized representative

should be a responsible corporate officer

(for a corporation), a general partner (for

a partnership), the proprietor (of a sole

proprietorship), or a principal executive

officer or ranking elected official (for a

municipality, State, Federal, or other

public agency).

(b) Sources that begin burning

hazardous waste after September 30,

1999. (1) If you begin to burn hazardous

waste after September 30, 1999 but prior

to June 30, 2000 you must comply with

the requirements of §§ 63.1206(a)(2),

63.1210(b) and (c), 63.1211(b), and

paragraph (a) of this section, and

associated time frames for public

meetings and document submittals.

(2) If you intend to begin burning

hazardous waste after June 30, 2000,

you must comply with the requirements

of §§ 63.1206(a)(2), 63.1210(b) and (c),

63.1211(b), and paragraph (a) of this

section prior to burning hazardous

waste. In addition:

(i) You must make a draft NIC

available to the public, notice the public

meeting, conduct a public meeting, and

submit a final NIC prior to burning

hazardous waste; and

(ii) You must submit your progress

report at the time you submit your final

NIC.

Other

§ 63.1213 How can the compliance date be

extended to install pollution prevention or

waste minimization controls?

(a) Applicability. You may request

from the Administrator or State with an

approved Title V program an extension

of the compliance data of up to one

year. An extension may be granted if

you can reasonably document that the

installation of pollution prevention or

waste minimization measures will

significantly reduce the amount and/or

toxicity of hazardous wastes entering

the feedstream(s) of the hazardous waste

combustor(s), and that you could not

install the necessary control measures

and comply with the emission standards

and operating requirements of this

subpart within three years after their

effective date.

(b) Requirements for requesting an

extension. (1) You must make your

requests for a (up to) one-year extension

in writing, and it must be received not

later than 12 months before the

compliance date. The request must

contain the following information:

(i) A description of pollution

prevention or waste minimization

controls that, when installed, will

significantly reduce the amount and/or

toxicity of hazardous wastes entering

the feedstream(s) of the hazardous waste

combustor(s). Pollution prevention or

waste minimization measures may

include: equipment or technology

modifications, reformulation or redesign

of products, substitution of raw

materials, improvements in work

practices, maintenance, training,

inventory control, or recycling practices

conducted as defined in § 261.1(c) of

this chapter;

(ii) A description of other pollution

controls to be installed that are

necessary to comply with the emission

standards and operating requirements;

(iii) A reduction goal or estimate of

the annual reductions in quantity and/

or toxicity of hazardous waste(s)

entering combustion feedstream(s) that

you will achieve by installing the

proposed pollution prevention or waste

minimization measures;

(iv) A comparison of reductions in the

amounts and/or toxicity of hazardous

wastes combusted after installation of

pollution prevention or waste

minimization measures to the amounts

and/or toxicity of hazardous wastes

combusted prior to the installation of

these measures. If the difference is less

than a fifteen percent reduction, include

a comparison to pollution prevention

and waste minimization reductions

recorded during the previous five years;

(v) Reasonable documentation that

installation of the pollution prevention

or waste minimization changes will not

result in a net increase (except for

documented increases in production) of

hazardous constituents released to the

environment through other emissions,

wastes or effluents;

(vi) Reasonable documentation that

the design and installation of waste

minimization and other measures that

are necessary for compliance with the

emission standards and operating

requirements of this subpart cannot

otherwise be installed within the three

year compliance period, and

(vii) The information required in

§ 63.6(i)(6)(i)(B) through (D).

(2) You may enclose documentation

prepared under an existing Staterequired pollution prevention program

that contains the information prescribed

in paragraph (b) of this section with a

request for extension in lieu of

complying with the time extension

requirements of that paragraph.

(c) Approval of request for extension

of compliance date. Based on the

information provided in any request

made under paragraph (a) of this

section, the Administrator or State with

an approved title V program may grant

an extension of the compliance date of

this subpart. The extension will be in

writing in accordance with

§§ 63.6(i)(10)(i) through

63.6(i)(10)(v)(A).
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53067

TABLE 1 TO SUBPART EEE.—GENERAL PROVISIONS APPLICABLE TO SUBPART EEE

Reference

Applies to

Subparts

EEE

Explanation

63.1 .................................. Yes.

63.2 .................................. Yes.

63.3 .................................. Yes.

63.4 .................................. Yes.

63.5 .................................. Yes.

63.6(a), (b), (c), and (d) .. Yes.

63.6(e) ............................. Yes ............... Except § 63.1206(b)(1) and (c)(2)(ii) require compliance with the emission standards during startup,

shutdown, and malfunction if hazardous waste is burned or remains in the combustion chamber

during those periods of operation.

63.6(f)(1) .......................... Yes ............... Same exception that applies to § 63.6(e).

63.6(f)(2) .......................... Yes ............... Except that the performance test requirements of § 63.1207 apply instead of § 63.6(f)(2)(iii)(B).

63.6(f)(3) .......................... Yes.

63.6(g) ............................. Yes.

63.6(h) ............................. Yes ............... Except only cement kilns are subject to an opacity standard, and § 63.1206(b)(1) requires compliance with the opacity standard at all times that hazardous waste is in the combustion chamber.

63.6(i) .............................. Yes ............... Section § 63.1213 specifies that the compliance date may also be extended for inability to install

necessary emission control equipment by the compliance date because of implementation of pollution prevention or waste minimization controls.

63.6(j) .............................. Yes.

63.7(a) ............................. Yes.

63.7(b) ............................. Yes ............... Except § 63.1207(e) requires you to submit the site-specific test plan for approval at least one year

before the comprehensive performance test is scheduled to begin.

63.7(c) ............................. Yes ............... Except § 63.1207(e) requires you to submit the site-specific test plan (including the quality assurance provisions under § 63.7(c)) for approval at least one year before the comprehensive performance test is scheduled to begin.

63.7(d) ............................. Yes.

63.7(e) ............................. Yes ............... Except: (1) § 63.1207 prescribes operations during performance testing; (2) § 63.1209 specifies operating limits that will be established during performance testing (such that testing is likely to be

representative of the extreme range of normal performance); and (3) §§ 63.1206(b)(1) and (c)(2)

require compliance with the emission standards during startup, shutdown, and malfunction if hazardous waste is burned or remains in the combustion chamber during those periods of operation.

63.7(f) .............................. Yes.

63.7(g) ............................. Yes ............... Except that § 63.1207(j) requiring the results of the performance test (and the notification of compliance) to be submitted within 90 days of completing the test, unless the Administrator grants a

time extension, applies instead of § 63.7(g)(1).

63.7(h) ............................. Yes ............... Except § 63.1207(c)(2) allows data in lieu of the initial comprehensive performance test, and

§ 63.1207(m) provides a waiver of certain performance tests. You must submit requests for these

waivers with the site-specific test plan.

63.8(a) and (b) ................ Yes.

63.8(c) ............................. Yes ............... Except: (1) § 63.1211(d) that requires CMS to be installed, calibrated, and operational on the compliance date applies instead of § 63.8(c)(3); (2) the performance specifications for CO, HC, and O2

CEMS in subpart B, part 60, of this chapter requiring that the detectors measure the sample concentration at least once every 15 seconds for calculating an average emission level once every

60 seconds apply instead of § 63.8(c)(4)(ii); and (3) §§ 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to COMS apply only to cement kilns.

63.8(d) ............................. Yes.

63.8(e) ............................. Yes ............... Except § 63.1207(e) requiring sources to submit the site-specific comprehensive performance test

plan and the CMS performance evaluation plan for approval at least one year prior to the planned

test date applies instead of §§ 63.8(e)(2) and (3)(iii).

63.8(f) .............................. Yes.

63.8(g) ............................. Yes ............... Except § 63.8(g)(2) regarding data reduction for COMS applies only to cement kilns.

63.9(a) ............................. Yes.

63.9(b) ............................. Yes ............... NOTE: Section 63.9(b)(1)(ii) pertains to notification requirements for area sources that become a

major source, and § 93.9(b)(2)(v) requires a major source determination. Although area sources

are subject to all provisions of this subpart (Subpart EEE), these sections nonetheless apply because the major source determination may affect the applicability of part 63 standards or title V

permit requirements to other sources (i.e., other than a hazardous waste combustor) of hazardous

air pollutants at the facility.

63.9(c) and (d) ................. Yes.

63.9(e) ............................. Yes ............... Except § 63.1207(e) which requires the comprehensive performance test plan to be submitted for

approval one year prior to the planned performance test date applies instead of § 63.9(e).

63.9(f) .............................. No.

63.9(g) ............................. Yes ............... Except § 63.9(g)(2) pertaining to COMS does not apply.

63.9(h) ............................. Yes ............... Except § 63.1207(j) requiring the notification of compliance to be submitted within 90 days of completing a performance test unless the Administrator grants a time extension applies instead of

§ 63.9(h)(2)(ii). Note: Even though area sources are subject to this subpart, the major source determination required by § 63.9(h)(2)(i)(E) is applicable to hazardous waste combustors for the reasons discussed above.

63.9(i) and (j) ................... Yes.
53068 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

TABLE 1 TO SUBPART EEE.—GENERAL PROVISIONS APPLICABLE TO SUBPART EEE—Continued

Reference

Applies to

Subparts

EEE

Explanation

63.10 ................................ Yes ............... Except reports of performance test results required under § 63.10(d)(2) may be submitted up to 90

days after completion of the test.

63.11 ................................ No.

63.12–63.15 ..................... Yes.

Appendix to Subpart EEE of Part 63—

Quality Assurance Procedures for

Continuous Emissions Monitors Used

for Hazardous Waste Combustors

1. Applicability and Principle

1.1 Applicability. a. These quality

assurance requirements are used to evaluate

the effectiveness of quality control (QC) and

quality assurance (QA) procedures and the

quality of data produced by continuous

emission monitoring systems (CEMS) that are

used for determining compliance with the

emission standards on a continuous basis as

specified in the applicable regulation. The

QA procedures specified by these

requirements represent the minimum

requirements necessary for the control and

assessment of the quality of CEMS data used

to demonstrate compliance with the emission

standards provided under subpart EEE of this

part 63. Owners and operators must meet

these minimum requirements and are

encouraged to develop and implement a

more extensive QA program. These

requirements superede those found in part

60, appendix F of this chapter. Appendix F

does not apply to hazardous waste-burning

devices.

b. Data collected as a result of the required

QA and QC measures are to be recorded in

the operating record. In addition, data

collected as a result of CEMS performance

evaluations required by Section 5 in

conjunction with an emissions performance

test are to be submitted to the Administrator

as provided by § 63.8(e)(5). These data are to

be used by both the Agency and the CEMS

operator in assessing the effectiveness of the

CEMS QA and QC procedures in the

maintenance of acceptable CEMS operation

and valid emission data.

1.2 Principle. The QA procedures consist

of two distinct and equally important

functions. One function is the assessment of

the quality of the CEMS data by estimating

accuracy. The other function is the control

and improvement of the quality of the CEMS

data by implementing QC policies and

corrective actions. These two functions form

a control loop. When the assessment function

indicates that the data quality is inadequate,

the source must immediately stop burning

hazardous waste. The CEM data control effort

must be increased until the data quality is

acceptable before hazardous waste burning

can resume.

a. In order to provide uniformity in the

assessment and reporting of data quality, this

procedure explicitly specifies the assessment

methods for response drift and accuracy. The

methods are based on procedures included in

the applicable performance specifications

provided in appendix B to part 60 of this

chapter. These procedures also require the

analysis of the EPA audit samples concurrent

with certain reference method (RM) analyses

as specified in the applicable RM’s.

b. Because the control and corrective

action function encompasses a variety of

policies, specifications, standards, and

corrective measures, this procedure treats QC

requirements in general terms to allow each

source owner or operator to develop a QC

system that is most effective and efficient for

the circumstances.

2. Definitions

2.1 Continuous Emission Monitoring

System (CEMS). The total equipment

required for the determination of a pollutant

concentration. The system consists of the

following major subsystems:

2.1.1 Sample Interface. That portion of

the CEMS used for one or more of the

following: sample acquisition, sample

transport, and sample conditioning, or

protection of the monitor from the effects of

the stack effluent.

2.1.2 Pollutant Analyzer. That portion of

the CEMS that senses the pollutant

concentration and generates a proportional

output.

2.1.3 Diluent Analyzer. That portion of

the CEMS that senses the diluent gas (O2)

and generates an output proportional to the

gas concentration.

2.1.4 Data Recorder. That portion of the

CEMS that provides a permanent record of

the analyzer output. The data recorder may

provide automatic data reduction and CEMS

control capabilities.

2.2 Relative Accuracy (RA). The absolute

mean difference between the pollutant

concentration determined by the CEMS and

the value determined by the reference

method (RM) plus the 2.5 percent error

confidence coefficient of a series of test

divided by the mean of the RM tests or the

applicable emission limit.

2.3 Calibration Drift (CD). The difference

in the CEMS output readings from the

established reference value after a stated

period of operation during which no

unscheduled maintenance, repair, or

adjustment took place.

2.4 Zero Drift (ZD). The difference in

CEMS output readings at the zero pollutant

level after a stated period of operation during

which no unscheduled maintenance, repair,

or adjustment took place.

2.5 Calibration Standard. Calibration

standards produce a known and unchanging

response when presented to the pollutant

analyzer portion of the CEMS, and are used

to calibrate the drift or response of the

analyzer.

2.6 Relative Accuracy Test Audit (RATA).

Comparison of CEMS measurements to

reference method measurements in order to

evaluate relative accuracy following

procedures and specification given in the

appropriate performance specification.

2.7 Absolute Calibration Audit (ACA).

Equivalent to calibration error (CE) test

defined in the appropriate performance

specification using NIST traceable calibration

standards to challenge the CEMS and assess

accuracy.

2.8 Rolling Average. The average

emissions, based on some (specified) time

period, calculated every minute from a oneminute average of four measurements taken

at 15-second intervals. CEMS other than

carbon monoxide and total hydrocarbon

CEMS may have rolling averages calculated

every hour from a one-hour average of at least

four measurements taken at intervals not

exceeding 15 minutes.

c. QA/QC Requirements

3.1 QC Requirements. a. Each owner or

operator must develop and implement a QC

program. At a minimum, each QC program

must include written procedures describing

in detail complete, step-by-step procedures

and operations for the following activities.

1. Checks for component failures, leaks,

and other abnormal conditions.

2. Calibration of CEMS.

3. CD determination and adjustment of

CEMS.

4. Integration of CEMS with the automatic

waste feed cutoff (AWFCO) system.

5. Preventive Maintenance of CEMS

(including spare parts inventory).

6. Data recording, calculations, and

reporting.

7. Checks of record keeping.

8. Accuracy audit procedures, including

sampling and analysis methods.

9. Program of corrective action for

malfunctioning CEMS.

10. Operator training and certification.

11. Maintaining and ensuring current

certification or naming of cylinder gasses,

metal solutions, and particulate samples used

for audit and accuracy tests, daily checks,

and calibrations.

b. Whenever excessive inaccuracies occur

for two consecutive quarters, the current

written procedures must be revised or the

CEMS modified or replaced to correct the

deficiency causing the excessive

inaccuracies. These written procedures must

be kept on record and available for

inspection by the enforcement agency.

3.2 QA Requirements. Each source owner

or operator must develop and implement a

QA plan that includes, at a minimum, the

following.
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53069

1. QA responsibilities (including

maintaining records, preparing reports,

reviewing reports).

2. Schedules for the daily checks, periodic

audits, and preventive maintenance.

3. Check lists and data sheets.

4. Preventive maintenance procedures.

5. Description of the media, format, and

location of all records and reports.

6. Provisions for a review of the CEMS data

at least once a year. Based on the results of

the review, the owner or operator must revise

or update the QA plan, if necessary.

d. CD and ZD Assessment and Daily System

Audit

4.1 CD and ZD Requirement. Owners and

operators must check, record, and quantify

the ZD and the CD at least once daily

(approximately 24 hours) in accordance with

the method prescribed by the manufacturer.

The CEMS calibration must, at a minimum,

be adjusted whenever the daily ZD or CD

exceeds the limits in the Performance

Specifications. If, on any given ZD and/or CD

check the ZD and/or CD exceed(s) two times

the limits in the Performance Specifications,

or if the cumulative adjustment to the ZD

and/or CD (see Section 4.2) exceed(s) three

times the limits in the Performance

Specifications, hazardous waste burning

must immediately cease and the CEMS must

be serviced and recalibrated. Hazardous

waste burning cannot resume until the owner

or operator documents that the CEMS is in

compliance with the Performance

Specifications by carrying out an ACA.

4.2 Recording Requirements for

Automatic ZD and CD Adjusting Monitors.

Monitors that automatically adjust the data to

the corrected calibration values must record

the unadjusted concentration measurement

prior to resetting the calibration, if

performed, or record the amount of the

adjustment.

4.3 Daily System Audit. The audit must

include a review of the calibration check

data, an inspection of the recording system,

an inspection of the control panel warning

lights, and an inspection of the sample

transport and interface system (e.g.,

flowmeters, filters, etc.) as appropriate.

4.4 Data Recording and Reporting. All

measurements from the CEMS must be

retained in the operating record for at least

5 years.

5. Performance Evaluation

Carbon Monoxide (CO), Oxygen (O2), and

Hydrocarbon (HC) CEMS. An Absolute

Calibration Audit (ACA) must be conducted

quarterly, and a Relative Accuracy Test Audit

(RATA) (if applicable, see sections 5.1 and

5.2) must be conducted yearly. An

Interference Response Tests must be

performed whenever an ACA or a RATA is

conducted. When a performance test is also

required under § 63.1207 to document

compliance with emission standards, the

RATA must coincide with the performance

test. The audits must be conducted as

follows.

5.1 Relative Accuracy Test Audit (RATA).

This requirement applies to O2 and CO

CEMS. The RATA must be conducted at least

yearly. Conduct the RATA as described in

the RA test procedure (or alternate

procedures section) described in the

applicable Performance Specifications. In

addition, analyze the appropriate

performance audit samples received from the

EPA as described in the applicable sampling

methods.

5.2 Absolute Calibration Audit (ACA).

The ACA must be conducted at least

quarterly except in a quarter when a RATA

(if applicable, see section 5.1) is conducted

instead. Conduct an ACA as described in the

calibration error (CE) test procedure

described in the applicable Performance

Specifications.

5.3 Interference Response Test. The

interference response test must be conducted

whenever an ACA or RATA is conducted.

Conduct an interference response test as

described in the applicable Performance

Specifications.

5.4 Excessive Audit Inaccuracy. If the RA

from the RATA or the CE from the ACA

exceeds the criteria in the applicable

Performance Specifications, hazardous waste

burning must cease immediately. Hazardous

waste burning cannot resume until the owner

or operator takes corrective measures and

audit the CEMS with a RATA to document

that the CEMS is operating within the

specifications.

6. Other Requirements

6.1 Performance Specifications. CEMS

used by owners and operators of HWCs must

comply with the following performance

specifications in appendix B to part 60 of this

chapter:

TABLE I: PERFORMANCE

SPECIFICATIONS FOR CEMS

CEMS

Performance

specification

Carbon monoxide ............................. 4B

Oxygen ............................................. 4B

Total hydrocarbons ........................... 8A

6.2 Downtime due to Calibration.

Facilities may continue to burn hazardous

waste for a maximum of 20 minutes while

calibrating the CEMS. If all CEMS are

calibrated at once, the facility must have

twenty minutes to calibrate all the CEMS. If

CEMS are calibrated individually, the facility

must have twenty minutes to calibrate each

CEMS. If the CEMS are calibrated

individually, other CEMS must be

operational while the individual CEMS is

being calibrated.

6.3 Span of the CEMS.

6.3.1 CO CEMS. The CO CEM must have

two ranges, a low range with a span of 200

ppmv and a high range with a span of 3000

ppmv at an oxygen correction factor of 1. A

one-range CEM may be used, but it must

meet the performance specifications for the

low range in the specified span of the low

range.

6.3.2 O2 CEMS. The O2 CEM must have

a span of 25 percent. The span may be higher

than 25 percent if the O2 concentration at the

sampling point is greater than 25 percent.

6.3.3 HC CEMS. The HC CEM must have

a span of 100 ppmv, expressed as propane,

at an oxygen correction factor of 1.

6.3.4 CEMS Span Values. When the

Oxygen Correction Factor is Greater than 2.

When an owner or operator installs a CEMS

at a location of high ambient air dilution, i.e.,

where the maximum oxygen correction factor

as determined by the permitting agency is

greater than 2, the owner or operator must

install a CEM with a lower span(s),

proportionate to the larger oxygen correction

factor, than those specified above.

6.3.5 Use of Alternative Spans. Owner or

operators may request approval to use

alternative spans and ranges to those

specified. Alternate spans must be approved

in writing in advance by the Administrator.

In considering approval of alternative spans

and ranges, the Administrator will consider

that measurements beyond the span will be

recorded as values at the maximum span for

purposes of calculating rolling averages.

6.3.6 Documentation of Span Values. The

span value must be documented by the

CEMS manufacturer with laboratory data.

6.4.1 Moisture Correction. Method 4 of

appendix A, part 60 of this chapter, must be

used to determine moisture content of the

stack gasses.

6.4.2 Oxygen Correction Factor.

Measured pollutant levels must be corrected

for the amount of oxygen in the stack

according to the following formula:

P P E Y c m = × − 14/( )

Where:

Pc = concentration of the pollutant or

standard corrected to 7 percent oxygen,

dry basis;

Pm = measured concentration of the

pollutant, dry basis;

E = volume fraction of oxygen in the

combustion air fed into the device, on a

dry basis (normally 21 percent or 0.21 if

only air is fed);

Y = measured fraction of oxygen on a dry

basis at the sampling point.

The oxygen correction factor is:

OCF E Y = − 14/( )

6.4.3 Temperature Correction. Correction

values for temperature are obtainable from

standard reference materials.

6.5 Rolling Average. A rolling average is

the arithmetic average of all one-minute

averages over the averaging period.

6.5.1 One-Minute Average for CO and HC

CEMS and Operating Parameter Limits. Oneminute averages are the arithmetic average of

the four most recent 15-second observations

and must be calculated using the following

equation:

c

ci

i

=

=

∑ 4 1

4

Where:

c ̄ = the one minute average

ci = a fifteen-second observation from the

CEM

Fifteen second observations must not be

rounded or smoothed. Fifteen-second

observations may be disregarded only as a
53070 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

result of a failure in the CEMS and allowed

in the source’s quality assurance plan at the

time of the CMS failure. One-minute averages

must not be rounded, smoothed, or

disregarded.

6.5.2 Ten Minute Rolling Average

Equation. The ten minute rolling average

must be calculated using the following

equation:

C c

RA

i

i

=

=

∑10 1

10

Where:

CRA = The concentration of the standard,

expressed as a rolling average

c ̄i = a one minute average

6.5.3 Hourly Rolling Average Equation for

CO and THC CEMS and Operating Parameter

Limits. The rolling average, based on a

specific number integer of hours, must be

calculated using the following equation:

C c

RA

i

i

=

=

∑ 60 1

60

Where:

cRA = The concentration of the standard,

expressed as a rolling average

c ̄i = a one minute average

6.5.4 Averaging Periods for CEMS other

than CO and THC. The averaging period for

CEMS other than CO and THC CEMS must

be calculated as a rolling average of all onehour values over the averaging period. An

hourly average is comprised of 4

measurements taken at equally spaced time

intervals, or at most every 15 minutes. Fewer

than 4 measurements might be available

within an hour for reasons such as facility

downtime or CEMS calibration. If at least two

measurements (30 minutes of data) are

available, an hourly average must be

calculated. The n-hour rolling average is

calculated by averaging the n most recent

hourly averages.

6.6 Units of the Standards for the

Purposes of Recording and Reporting

Emissions. Emissions must be recorded and

reported expressed after correcting for

oxygen, temperature, and moisture.

Emissions must be reported in metric, but

may also be reported in the English system

of units, at 7 percent oxygen, 20°C, and on

a dry basis.

6.7 Rounding and Significant Figures.

Emissions must be rounded to two significant

figures using ASTM procedure E–29–90 or its

successor. Rounding must be avoided prior to

rounding for the reported value.

7. Bibliography

1. 40 CFR Part 60, Appendix F, ‘‘Quality

Assurance Procedures: Procedure 1. Quality

Assurance Requirements for Gas Continuous

Emission Monitoring Systems Used For

Compliance Determination’’.

Subpart LLL—National Emission

Standards for Hazardous Air Pollutants

From the Portland Cement

Manufacturing Industry

3. Section 63.1350 is amended by

revising paragraph (k) to read as follows:

§ 63.1350 Monitoring requirements.

* * * * *

(k) The owner or operator of an

affected source subject to a particulate

matter standard under § 63.1343 shall

install, calibrate, maintain, and operate

a particulate matter continuous

emission monitoring system (PM CEMS)

to measure the particulate matter

discharged to the atmosphere. All

requirements relating to installation,

calibration, maintenance, operation or

performance of the PM CEMS and

implementation of the PM CEMS

requirement are deferred pending

further rulemaking.

* * * * *

PART 260—HAZARDOUS WASTE

MANAGEMENT SYSTEM: GENERAL

1. The authority citation for part 260

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921–

6927, 6930, 6934, 6935, 6937, 6938, 6939,

and 6974.

Subpart B—Definitions

2. Section 260.10 is amended by

adding definitions in alphabetical order

to read as follows:

§ 260.10 Definitions.

* * * * *

Dioxins and furans (D/F) means tetra,

penta, hexa, hepta, and octa-chlorinated

dibenzo dioxins and furans.

* * * * *

TEQ means toxicity equivalence, the

international method of relating the

toxicity of various dioxin/furan

congeners to the toxicity of 2,3,7,8-

tetrachlorodibenzo-p-dioxin.

* * * * *

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

1. The authority citation for part 261

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

6922, 6924(y), and 6938.

2. Section 261.38 is amended by

revising Table 1 to read as follows:

§ 261.38 Comparable/Syngas Fuel

Exclusion.

* * * * *

TABLE 1 TO § 261.38.—DETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATION

Chemical name CAS No.

Composite

value

(mg/kg)

Heating

value

(BTU/lb)

Concentration

limit

(mg/kg at

10,000

BTU/lb)

Minimum

required

detection

limit

(mg/kg)

Total Nitrogen as N .................................................................................................... NA 9000 18400 4900 ................

Total Halogens as Cl ................................................................................................. NA 1000 18400 540 ................

Total Organic Halogens as Cl ................................................................................... NA .............. .............. (1) ................

Polychlorinated biphenyls, total [Arocolors, total] ...................................................... 1336–36–3 ND .............. ND 1.4

Cyanide, total ............................................................................................................. 57–12–5 ND .............. ND 1.0

Metals:

Antimony, total .................................................................................................... 7440–36–012 ND .............. 0.23 ................

Arsenic, total ....................................................................................................... 7440–38–2 ND .............. 0.23 ................

Barium, total ........................................................................................................ 7440–39–3 ND .............. 23 ................

Beryllium, total .................................................................................................... 7440–41–7 ND .............. 1.2 ................

Cadmium, total .................................................................................................... 7440–43–9 .............. ND ................ 1.2

Chromium, total .................................................................................................. 7440–47–3 ND .............. 2.3 ................

Cobalt .................................................................................................................. 7440–48–4 ND .............. 4.6 ................

Lead, total ........................................................................................................... 7439–92–1 57 18100 31 ................

Manganese ......................................................................................................... 7439–96–5 ND .............. 1.2 ................

Mercury, total ...................................................................................................... 7439–97–6 ND .............. 0.25 ................

Nickel, total ......................................................................................................... 7440–02–0 106 18400 58 ................

Selenium, total .................................................................................................... 7782–49–2 ND .............. 0.23 ................
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53071

TABLE 1 TO § 261.38.—DETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATION—Continued

Chemical name CAS No.

Composite

value

(mg/kg)

Heating

value

(BTU/lb)

Concentration

limit

(mg/kg at

10,000

BTU/lb)

Minimum

required

detection

limit

(mg/kg)

Silver, total .......................................................................................................... 7440–22–4 ND .............. 2.3 ................

Thallium, total ..................................................................................................... 7440–28–0 ND .............. 23 ................

Hydrocarbons:

Benzo[a]anthracene ............................................................................................ 56–55–3 ND .............. 2400 ................

Benzene .............................................................................................................. 71–43–2 8000 19600 4100 ................

Benzo[b]fluoranthene .......................................................................................... 205–99–2 ND .............. 2400 ................

Benzo[k]fluoranthene .......................................................................................... 207–08–9 ND .............. 2400 ................

Benzo[a]pyrene ................................................................................................... 50–32–8 ND .............. 2400 ................

Chrysene ............................................................................................................. 218–01–9 ND .............. 2400 ................

Dibenzo[a,h]anthracene ...................................................................................... 53–70–3 ND .............. 2400 ................

7,12-Dimethylbenz[a]anthracene ........................................................................ 57–97–6 ND .............. 2400 ................

Fluoranthene ....................................................................................................... 206–44–0 ND .............. 2400 ................

Indeno(1,2,3-cd)pyrene ....................................................................................... 193–39–5 ND .............. 2400 ................

3-Methylcholanthrene ......................................................................................... 56–49–5 ND .............. 2400 ................

Naphthalene ........................................................................................................ 91–20–3 6200 19400 3200 ................

Toluene ............................................................................................................... 108–88–3 69000 19400 36000 ................

Oxygenates:

Acetophenone ..................................................................................................... 98–86–2 ND .............. 2400 ................

Acrolein ............................................................................................................... 107–02–8 ND .............. 39 ................

Allyl alcohol ......................................................................................................... 107–18–6 ND .............. 30 ................

Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl phthalate] ........................................ 117–81–7 ND .............. 2400 ................

Butyl benzyl phthalate ........................................................................................ 85–68–7 ND .............. 2400 ................

o-Cresol [2-Methyl phenol] ................................................................................. 95–48–7 ND .............. 2400 ................

m-Cresol [3-Methyl phenol] ................................................................................ 108–39–4 ND .............. 2400 ................

p-Cresol [4-Methyl phenol] ................................................................................. 106–44–5 ND .............. 2400 ................

Di-n-butyl phthalate ............................................................................................. 84–74–2 ND .............. 2400 ................

Diethyl phthalate ................................................................................................. 84–66–2 ND .............. 2400 ................

2,4-Dimethylphenol ............................................................................................. 105–67–9 ND .............. 2400 ................

Dimethyl phthalate .............................................................................................. 131–11–3 ND .............. 2400 ................

Di-n-octyl phthalate ............................................................................................. 117–84–0 ND .............. 2400 ................

Endothall ............................................................................................................. 145–73–3 ND .............. 100 ................

Ethyl methacrylate .............................................................................................. 97–63–2 ND .............. 39 ................

2-Ethoxyethanol [Ethylene glycol monoethyl ether] ........................................... 110–80–5 ND .............. 100 ................

Isobutyl alcohol ................................................................................................... 78–83–1 ND .............. 39 ................

Isosafrole ............................................................................................................ 120–58–1 ND .............. 2400 ................

Methyl ethyl ketone [2-Butanone] ....................................................................... 78–93–3 ND .............. 39 ................

Methyl methacrylate ............................................................................................ 80–62–6 ND .............. 39 ................

1,4-Naphthoquinone ........................................................................................... 130–15–4 ND .............. 2400 ................

Phenol ................................................................................................................. 108–95–2 ND .............. 2400 ................

Propargyl alcohol [2-Propyn-1-ol] ....................................................................... 107–19–7 ND .............. 30 ................

Safrole ................................................................................................................. 94–59–7 ND .............. 2400 ................

Sulfonated Organics:

Carbon disulfide .................................................................................................. 75–15–0 ND .............. ND 39

Disulfoton ............................................................................................................ 298–04–4 ND .............. ND 2400

Ethyl methanesulfonate ...................................................................................... 62–50–0 ND .............. ND 2400

Methyl methanesulfonate .................................................................................... 66–27–3 ND .............. ND 2400

Phorate ............................................................................................................... 298–02–2 ND .............. ND 2400

1,3-Propane sultone ........................................................................................... 1120–71–4 ND .............. ND 100
53072 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

TABLE 1 TO § 261.38.—DETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATION—Continued

Chemical name CAS No.

Composite

value

(mg/kg)

Heating

value

(BTU/lb)

Concentration

limit

(mg/kg at

10,000

BTU/lb)

Minimum

required

detection

limit

(mg/kg)

Tetraethyldithiopyrophosphate [Sulfotepp] ......................................................... 3689–24–5 ND .............. ND 2400

Thiophenol [Benzenethiol] .................................................................................. 108–98–5 ND .............. ND 30

O,O,O-Triethyl phosphorothioate ........................................................................ 126–68–1 ND .............. ND 2400

Nitrogenated Organics:

Acetonitrile [Methyl cyanide] ............................................................................... 75–05–8 ND .............. ND 39

2-Acetylaminofluorene [2-AAF] ........................................................................... 53–96–3 ND .............. ND 2400

Acrylonitrile ......................................................................................................... 107–13–1 ND .............. ND 39

4-Aminobiphenyl ................................................................................................. 92–67–1 ND .............. ND 2400

4-Aminopyridine .................................................................................................. 504–24–5 ND .............. ND 100

Aniline ................................................................................................................. 62–53–3 ND .............. ND 2400

Benzidine ............................................................................................................ 92–87–5 ND .............. ND 2400

Dibenz[a,j]acridine .............................................................................................. 224–42–0 ND .............. ND 2400

O,O-Diethyl O-pyrazinyl phosphorothioate [Thionazin] ...................................... 297–97–2 ND .............. ND 2400

Dimethoate .......................................................................................................... 60–51–5 ND .............. ND 2400

p-(Dimethylamino) azobenzene [4-Dime thylaminoazobenzene] ....................... 60–11–7 ND .............. ND 2400

3,3′-Dimethylbenzidine ....................................................................................... 119–93–7 ND .............. ND 2400

α,α-Dimethylphenethylamine .............................................................................. 122–09–8 ND .............. ND 2400

3,3′-Dimethoxybenzidine .................................................................................... 119–90–4 ND .............. ND 100

1,3-Dinitrobenzene [m-Dinitrobenzene] .............................................................. 99–65–0 ND .............. ND 2400

4,6-Dinitro-o-cresol ............................................................................................. 534–52–1 ND .............. ND 2400

2,4-Dinitrophenol ................................................................................................. 51–28–5 ND .............. ND 2400

2,4-Dinitrotoluene ................................................................................................ 121–14–2 ND .............. ND 2400

2,6-Dinitrotoluene ................................................................................................ 606–20–2 ND .............. ND 2400

Dinoseb [2-sec-Butyl-4,6-dinitrophenol] .............................................................. 88–85–7 ND .............. ND 2400

Diphenylamine .................................................................................................... 122–39–4 ND .............. ND 2400

Ethyl carbamate [Urethane] ................................................................................ 51–79–6 ND .............. ND 100

Ethylenethiourea (2-Imidazolidinethione) ........................................................... 96–45–7 ND .............. ND 110

Famphur .............................................................................................................. 52–85–7 ND .............. ND 2400

Methacrylonitrile .................................................................................................. 126–98–7 ND .............. ND 39

Methapyrilene ..................................................................................................... 91–80–5 ND .............. ND 2400

Methomyl ............................................................................................................ 16752–77–5 ND .............. ND 57

2-Methyllactonitrile, [Acetone cyanohydrin] ........................................................ 75–86–5 ND .............. ND 100

Methyl parathion ................................................................................................. 298–00–0 ND .............. ND 2400

MNNG (N-Metyl-N-nitroso-N’-nitroguanidine) ..................................................... 70–25–7 ND .............. ND 110

1-Naphthylamine, [α-Naphthylamine] ................................................................. 134–32–7 ND .............. ND 2400

2-Naphthylamine, [β-Naphthylamine] ................................................................. 91–59–8 ND .............. ND 2400

Nicotine ............................................................................................................... 54–11–5 ND .............. ND 100

4-Nitroaniline, [p-Nitroaniline] ............................................................................. 100–01–6 ND .............. ND 2400

Nitrobenzene ....................................................................................................... 98–95–3 ND .............. ND 2400

p-Nitrophenol, [p-Nitrophenol] ............................................................................. 100–02–7 ND .............. ND 2400

5-Nitro-o-toluidine ............................................................................................... 99–55–8 ND .............. ND 2400

N-Nitrosodi-n-butylamine .................................................................................... 924–16–3 ND .............. ND 2400

N-Nitrosodiethylamine ......................................................................................... 55–18–5 ND .............. ND 2400

N-Nitrosodiphenylamine, [Diphenylnitrosamine] ................................................. 86–30–6 ND .............. ND 2400

N-Nitroso-N-methylethylamine ............................................................................ 10595–95–6 ND .............. ND 2400

N-Nitrosomorpholine ........................................................................................... 59–89–2 ND .............. ND 2400

N-Nitrosopiperidine ............................................................................................. 100–75–4 ND .............. ND 2400

N-Nitrosopyrrolidine ............................................................................................ 930–55–2 ND .............. ND 2400

2-Nitropropane .................................................................................................... 79–46–9 ND .............. ND 30

Parathion ............................................................................................................. 56–38–2 ND .............. ND 2400

Phenacetin .......................................................................................................... 62–44–2 ND .............. ND 2400

1,4-Phenylene diamine, [p-Phenylenediamine] .................................................. 106–50–3 ND .............. ND 2400

N-Phenylthiourea ................................................................................................ 103–85–5 ND .............. ND 57

2-Picoline [alpha-Picoline] .................................................................................. 109–06–8 ND .............. ND 2400

Propylthioracil, [6-Propyl-2-thiouracil] ................................................................. 51–52–5 ND .............. ND 100

Pyridine ............................................................................................................... 110–86–1 ND .............. ND 2400
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53073

TABLE 1 TO § 261.38.—DETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATION—Continued

Chemical name CAS No.

Composite

value

(mg/kg)

Heating

value

(BTU/lb)

Concentration

limit

(mg/kg at

10,000

BTU/lb)

Minimum

required

detection

limit

(mg/kg)

Strychnine ........................................................................................................... 57–24–9 ND .............. ND 100

Thioacetamide .................................................................................................... 62–55–5 ND .............. ND 57

Thiofanox ............................................................................................................ 39196–18–4 ND .............. ND 100

Thiourea .............................................................................................................. 62–56–6 ND .............. ND 57

Toluene-2,4-diamine [2,4-Diaminotoluene] ......................................................... 95–80–7 ND .............. ND 57

Toluene-2,6-diamine [2,6-Diaminotoluene] ......................................................... 823–40–5 ND .............. ND 57

o-Toluidine .......................................................................................................... 95–53–4 ND .............. ND 2400

p-Toluidine .......................................................................................................... 106–49–0 ND .............. ND 100

1,3,5-Trinitrobenzene, [sym-Trinitobenzene] ...................................................... 99–35–4 ND .............. ND 2400

Halogenated Organic:

Allyl chloride ........................................................................................................ 107–05–1 ND .............. ND 39

Aramite ................................................................................................................ 140–57–8 ND .............. ND 2400

Benzal chloride [Dichloromethyl benzene] ......................................................... 98–87–3 ND .............. ND 100

Benzyl chloride ................................................................................................... 100–44–77 ND .............. ND 100

bis(2-Chloroethyl)ether [Dichoroethyl ether] ....................................................... 111–44–4 ND .............. ND 2400

Bromoform [Tribromomethane] ........................................................................... 75–25–2 ND .............. ND 39

Bromomethane [Methyl bromide] ....................................................................... 74–83–9 ND .............. ND 39

4-Bromophenyl phenyl ether [p-Bromo diphenyl ether] ..................................... 101–55–3 ND .............. ND 2400

Carbon tetrachloride ........................................................................................... 56–23–5 ND .............. ND 39

Chlordane ........................................................................................................... 57–74–9 ND .............. ND 14

p-Chloroaniline .................................................................................................... 106–47–8 ND .............. ND 2400

Chlorobenzene .................................................................................................... 108–90–7 ND .............. ND 39

Chlorobenzilate ................................................................................................... 510–15–6 ND .............. ND 2400

p-Chloro-m-cresol ............................................................................................... 59–50–7 ND .............. ND 2400

2-Chloroethyl vinyl ether ..................................................................................... 110–75–8 ND .............. ND 39

Chloroform .......................................................................................................... 67–66–3 ND .............. ND 39

Chloromethane [Methyl chloride] ........................................................................ 74–87–3 ND .............. ND 39

2-Chloronaphthalene [beta-Chloronaphthalene] ................................................. 91–58–7 ND .............. ND 2400

2-Chlorophenol [o-Chlorophenol] ........................................................................ 95–57–8 ND .............. ND 2400

Chloroprene [2-Chloro-1,3-butadiene] ................................................................ 1126–99–8 ND .............. ND 39

2,4-D [2,4-Dichlorophenoxyacetic acid] .............................................................. 94–75–7 ND .............. ND 7.0

Diallate ................................................................................................................ 2303–16–4 ND .............. ND 2400

1,2-Dibromo-3-chloropropane ............................................................................. 96–12–8 ND .............. ND 39

1,2-Dichlorobenzene [o-Dichlorobenzene] ......................................................... 95–50–1 ND .............. ND 2400

1,3-Dichlorobenzene [m-Dichlorobenzene] ........................................................ 541–73–1 ND .............. ND 2400

1,4-Dichlorobenzene [p-Dichlorobenzene] ......................................................... 106–46–7 ND .............. ND 2400

3,3′-Dichlorobenzidine ........................................................................................ 91–94–1 ND .............. ND 2400

Dichlorodifluoromethane [CFC–12] .................................................................... 75–71–8 ND .............. ND 39

1,2-Dichloroethane [Ethylene dichloride] ............................................................ 107–06–2 ND .............. ND 39

1,1-Dichloroethylene [Vinylidene chloride] ......................................................... 75–35–4 ND .............. ND 39

Dichloromethoxy ethane [Bis(2-chloroethoxy)methane ...................................... 111–91–1 ND .............. ND 2400

2,4-Dichlorophenol .............................................................................................. 120–83–2 ND .............. ND 2400

2,6-Dichlorophenol .............................................................................................. 87–65–0 ND .............. ND 2400

1,2-Dichloropropane [Propylene dichloride] ....................................................... 78–87–5 ND .............. ND 39

cis-1,3-Dichloropropylene ................................................................................... 10061–01–5 ND .............. ND 39

trans-1,3-Dichloropropylene ................................................................................ 10061–02–6 ND .............. ND 39

1,3-Dichloro-2-propanol ...................................................................................... 96–23–1 ND .............. ND 30

Endosulfan I ........................................................................................................ 959–98–8 ND .............. ND 1.4

Endosulfan II ....................................................................................................... 33213–65–9 ND .............. ND 1.4

Endrin .................................................................................................................. 72–20–8 ND .............. ND 1.4
53074 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

TABLE 1 TO § 261.38.—DETECTION AND DETECTION LIMIT VALUES FOR COMPARABLE FUEL SPECIFICATION—Continued

Chemical name CAS No.

Composite

value

(mg/kg)

Heating

value

(BTU/lb)

Concentration

limit

(mg/kg at

10,000

BTU/lb)

Minimum

required

detection

limit

(mg/kg)

Endrin aldehyde .................................................................................................. 7421–93–4 ND .............. ND 1.4

Endrin Ketone ..................................................................................................... 53494–70–5 ND .............. ND 1.4

Epichlorohydrin [1-Chloro-2,3-epoxy propane] ................................................... 106–89–8 ND .............. ND 30

Ethylidene dichloride [1,1-Dichloroethane] ......................................................... 75–34–3 ND .............. ND 39

2-Fluoroacetamide .............................................................................................. 640–19–7 ND .............. ND 100

Heptachlor ........................................................................................................... 76–44–8 ND .............. ND 1.4

Heptachlor epoxide ............................................................................................. 1024–57–3 ND .............. ND 2.8

Hexachlorobenzene ............................................................................................ 118–74–1 ND .............. ND 2400

Hexachloro-1,3-butadiene [Hexachlorobutadiene] ............................................. 87–68–3 ND .............. ND 2400

Hexachlorocyclopentadiene ................................................................................ 77–47–4 ND .............. ND 2400

Hexachloroethane ............................................................................................... 67–72–1 ND .............. ND 2400

Hexachlorophene ................................................................................................ 70–30–4 ND .............. ND 59000

Hexachloropropene [Hexachloropropylene] ....................................................... 1888–71–7 ND .............. ND 2400

Isodrin ................................................................................................................. 465–73–6 ND .............. ND 2400

Kepone [Chlordecone] ........................................................................................ 143–50–0 ND .............. ND 4700

Lindane [gamma-BHC] [gamma-Hexachlorocyclohexane] ................................. 58–89–9 ND .............. ND 1.4

Methylene chloride [Dichloromethane] ............................................................... 75–09–2 ND .............. ND 39

4,4′-Methylene-bis(2-chloroaniline) ..................................................................... 101–14–4 ND .............. ND 100

Methyl iodide [Iodomethane] .............................................................................. 74–88–4 ND .............. ND 39

Pentachlorobenzene ........................................................................................... 608–93–5 ND .............. ND 2400

Pentachloroethane .............................................................................................. 76–01–7 ND .............. ND 39

Pentachloronitrobenzene [PCNB] [Quintobenzene] [Quintozene] ...................... 82–68–8 ND .............. ND 2400

Pentachlorophenol .............................................................................................. 87–86–5 ND .............. ND 2400

Pronamide ........................................................................................................... 23950–58–5 ND .............. ND 2400

Silvex [2,4,5-Trichlorophenoxypropionic acid] .................................................... 93–72–1 ND .............. ND 7.0

2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-TCDD] .......................................... 1746–01–6 ND .............. ND 30

1,2,4,5-Tetrachlorobenzene ................................................................................ 95–94–3 ND .............. ND 2400

1,1,2,2-Tetrachloroethane ................................................................................... 79–34–5 ND .............. ND 39

Tetrachloroethylene [Perchloroethylene] ............................................................ 127–18–4 ND .............. ND 39

2,3,4,6-Tetrachlorophenol ................................................................................... 58–90–2 ND .............. ND 2400

1,2,4-Trichlorobenzene ....................................................................................... 120–82–1 ND .............. ND 2400

1,1,1-Trichloroethane [Methyl chloroform] .......................................................... 71–55–6 ND .............. ND 39

1,1,2-Trichloroethane [Vinyl trichloride] .............................................................. 79–00–5 ND .............. ND 39

Trichloroethylene ................................................................................................ 79–01–6 ND .............. ND 39

Trichlorofluoromethane [Trichlormonofluoromethane] ........................................ 75–69–4 ND .............. ND 39

2,4,5-Trichlorophenol .......................................................................................... 95–95–4 ND .............. ND 2400

2,4,6-Trichlorophenol .......................................................................................... 88–06–2 ND .............. ND 2400

1,2,3-Trichloropropane ........................................................................................ 96–18–4 ND .............. ND 39

Vinyl Chloride ...................................................................................................... 75–01–4 ND .............. ND 39

Notes:

NA—Not Applicable.

ND—Nondetect.

1 25 or individual halogenated organics listed below.

* * * * *

PART 264—STANDARDS FOR

OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL

FACILITIES

1. The authority citation for part 264

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,

and 6925.

2. Section 264.340 is amended by

redesignating paragraphs (b), (c), and (d)

as paragraphs (c), (d), and (e),

respectively, and adding paragraph (b),

to read as follows:

§ 264.340 Applicability.

* * * * *

(b) Integration of the MACT

standards. (1) Except as provided by

paragraph (b)(2) of this section, the

standards of this part no longer apply

when an owner or operator

demonstrates compliance with the

maximum achievable control

technology (MACT) requirements of part

63, subpart EEE of this chapter by

conducting a comprehensive

performance test and submitting to the

Administrator a Notification of

Compliance under §§ 63.1207(j) and

63.1210(d) of this chapter documenting

compliance with the requirements of

subpart EEE of part 63 of this Chapter.

Nevertheless, even after this

demonstration of compliance with the

MACT standards, RCRA permit

conditions that were based on the

standards of this part will continue to be

in effect until they are removed from the

permit or the permit is terminated or

revoked, unless the permit expressly

provides otherwise.

(2) The MACT standards do not

replace the closure requirements of

§ 264.351 or the applicable requirements

of subparts A through H, BB and CC of

this part.

* * * * *

3. Section 264.601 is amended by

revising the introductory text to read as

follows:

§ 264.601 Environmental performance

standards.

A miscellaneous unit must be located,

designed, constructed, operated,
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53075

maintained, and closed in a manner that

will ensure protection of human health

and the environment. Permits for

miscellaneous units are to contain such

terms and provisions as necessary to

protect human health and the

environment, including, but not limited

to, as appropriate, design and operating

requirements, detection and monitoring

requirements, and requirements for

responses to releases of hazardous waste

or hazardous constituents from the unit.

Permit terms and provisions must

include those requirements of subparts

I through O and subparts AA through

CC of this part, part 270, part 63 subpart

EEE, and part 146 of this chapter that

are appropriate for the miscellaneous

unit being permitted. Protection of

human health and the environment

includes, but is not limited to:

* * * * *

PART 265—INTERIM STATUS

STANDARDS FOR OWNERS AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND

DISPOSAL FACILITIES

1. The authority citation for part 265

continues to read as follows:

Authority: 42 U.S.C. 6905, 6906, 6912,

6922, 6923, 6924, 6925, 6935, 6936 and 6937.

2. Section 265.340 is amended by

redesignating paragraph (b) as paragraph

(c), and adding paragraph (b), to read as

follows:

§ 265.340 Applicability.

* * * * *

(b) Integration of the MACT

standards. (1) Except as provided by

paragraph (b)(2) of this section, the

standards of this part no longer apply

when an owner or operator

demonstrates compliance with the

maximum achievable control

technology (MACT) requirements of part

63, subpart EEE, of this chapter by

conducting a comprehensive

performance test and submitting to the

Administrator a Notification of

Compliance under §§ 63.1207(j) and

63.1210(d) of this chapter documenting

compliance with the requirements of

part 63, subpart EEE of this chapter.

(2) The following requirements

continue to apply even where the owner

or operator has demonstrated

compliance with the MACT

requirements of part 63, subpart EEE of

this chapter: § 265.351 (closure) and the

applicable requirements of subparts A

through H, BB and CC of this part.

* * * * *

PART 266—STANDARDS FOR THE

MANAGEMENT OF SPECIFIC

HAZARDOUS WASTES AND SPECIFIC

TYPES OF HAZARDOUS WASTE

MANAGEMENT FACILITIES

1. The authority citation for part 266

continues to read as follows:

Authority: Secs. 1006, 2002 (a), 3004, 6905,

6906, 6912, 6922, 6924, 6925, and 6937.

2. Section 266.100 is amended by

redesignating paragraphs (b), (c), (d), (e),

and (f) as paragraphs (c), (d), (e), (f), and

(g), adding paragraph (b), revising

introductory text to newly designated

paragraph (d)(1), revising the

introductory text to newly designated

paragraph (d)(3), and adding paragraph

(h), to read as follows:

§ 266.100 Applicability.

* * * * *

(b) Integration of the MACT

standards. (1) Except as provided by

paragraph (b)(2) of this section, the

standards of this part no longer apply

when an affected source demonstrates

compliance with the maximum

achievable control technology (MACT)

requirements of part 63, subpart EEE, of

this chapter by conducting a

comprehensive performance test and

submitting to the Administrator a

Notification of Compliance under

§§ 63.1207(j) and 63.1210(d) of this

chapter documenting compliance with

the requirements of subpart EEE.

Nevertheless, even after this

demonstration of compliance with the

MACT standards, RCRA permit

conditions that were based on the

standards of this part will continue to be

in effect until they are removed from the

permit or the permit is terminated or

revoked, unless the permit expressly

provides otherwise.

(2) The following standards continue

to apply:

(i) The closure requirements of

§§ 266.102(e)(11) and 266.103(l);

(ii) The standards for direct transfer of

§ 266.111;

(iii) The standards for regulation of

residues of § 266.212; and

(iv) The applicable requirements of

subparts A through H, BB and CC of

parts 264 and 265 of this chapter.

* * * * *

(d) * * *

(1) To be exempt from §§ 266.102

through 266.111, an owner or operator

of a metal recovery furnace or mercury

recovery furnace must comply with the

following requirements, except that an

owner or operator of a lead or a nickelchromium recovery furnace, or a metal

recovery furnace that burns baghouse

bags used to capture metallic dusts

emitted by steel manufacturing, must

comply with the requirements of

paragraph (d)(3) of this section, and

owners or operators of lead recovery

furnaces that are subject to regulation

under the Secondary Lead Smelting

NESHAP must comply with the

requirements of paragraph (h) of this

section.

* * * * *

(3) To be exempt from §§ 266.102

through 266.111, an owner or operator

of a lead or nickel-chromium or mercury

recovery furnace, except for owners or

operators of lead recovery furnaces

subject to regulation under the

Secondary Lead Smelting NESHAP,

* * * * *

(h) Starting June 23, 1997, owners or

operators of lead recovery furnaces that

process hazardous waste for recovery of

lead and that are subject to regulation

under the Secondary Lead Smelting

NESHAP, are conditionally exempt from

regulation under this subpart, except for

§ 266.101. To be exempt, an owner or

operator must provide a one-time notice

to the Director identifying each

hazardous waste burned and specifying

that the owner or operator claims an

exemption under this paragraph. The

notice also must state that the waste

burned has a total concentration of nonmetal compounds listed in part 261,

appendix VIII, of this chapter of less

than 500 ppm by weight, as fired and as

provided in paragraph (d)(2)(i) of this

section, or is listed in appendix XI to

this part 266.

3. Section 266.101 is amended by

revising paragraph (c)(1) to read as

follows:

§ 266.101 Management prior to burning.

* * * * *

(c) Storage and treatment facilities. (1)

Owners and operators of facilities that

store or treat hazardous waste that is

burned in a boiler or industrial furnace

are subject to the applicable provisions

of parts 264, 265, and 270 of this

chapter, except as provided by

paragraph (c)(2) of this section. These

standards apply to storage and treatment

by the burner as well as to storage and

treatment facilities operated by

intermediaries (processors, blenders,

distributors, etc.) between the generator

and the burner.

* * * * *

4. Section 266.105 is amended by

redesignating paragraph (c) as paragraph

(d) and adding paragraph (c), to read as

follows:

§ 266.105 Standards to control particulate

matter.

* * * * *
53076 Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations

(c) Oxygen correction. (1) Measured

pollutant levels must be corrected for

the amount of oxygen in the stack gas

according to the formula:

Pc Pm E Y = × − 14/( )

Where:

Pc is the corrected concentration of the

pollutant in the stack gas, Pm is the

measured concentration of the

pollutant in the stack gas, E is the

oxygen concentration on a dry basis

in the combustion air fed to the

device, and Y is the measured

oxygen concentration on a dry basis

in the stack.

(2) For devices that feed normal

combustion air, E will equal 21 percent.

For devices that feed oxygen-enriched

air for combustion (that is, air with an

oxygen concentration exceeding 21

percent), the value of E will be the

concentration of oxygen in the enriched

air.

(3) Compliance with all emission

standards provided by this subpart must

be based on correcting to 7 percent

oxygen using this procedure.

* * * * *

5. Section 266.112, paragraph (b)(1)

introductory text is amended by adding

a sentence at the end and paragraph

(b)(2)(i) is revised to read as follows:

§ 266.112 Regulation of residues.

* * * * *

(b) * * *

(1) * * * For polychlorinated

dibenzo-p-dioxins and polychlorinated

dibenzo-furans, analyses must be

performed to determine specific

congeners and homologues, and the

results converted to 2,3,7,8–TCDD

equivalent values using the procedure

specified in section 4.0 of appendix IX

of this part.

* * * * *

(2) * * *

(i) Nonmetal constituents. The

concentration of each nonmetal toxic

constituent of concern (specified in

paragraph (b)(1) of this section) in the

waste-derived residue must not exceed

the health-based level specified in

appendix VII of this part, or the level of

detection (using analytical procedures

prescribed in SW–846), whichever is

higher. If a health-based limit for a

constituent of concern is not listed in

appendix VII of this part, then a limit of

0.002 micrograms per kilogram or the

level of detection (using analytical

procedures contained in SW–846, or

other appropriate methods), whichever

is higher, must be used. The levels

specified in appendix VII of this part

(and the default level of 0.002

micrograms per kilogram or the level of

detection for constituents as identified

in Note 1 of appendix VII of this

paragraph) are administratively stayed

under the condition, for those

constituents specified in paragraph

(b)(1) of this section, that the owner or

operator complies with alternative

levels defined as the land disposal

restriction limits specified in § 268.43 of

this chapter for F039 nonwastewaters.

In complying with those alternative

levels, if an owner or operator is unable

to detect a constituent despite

documenting use of best good-faith

efforts as defined by applicable Agency

guidance or standards, the owner or

operator is deemed to be in compliance

for that constituent. Until new guidance

or standards are developed, the owner

or operator may demonstrate such good

faith efforts by achieving a detection

limit for the constituent that does not

exceed an order of magnitude above the

level provided by § 268.43 of this

chapter for F039 nonwastewaters. In

complying with the § 268.43 of this

chapter F039 nonwastewater levels for

polychlorinated dibenzo-p-dioxins and

polychlorinated dibenzo-furans,

analyses must be performed for total

hexachlorodibenzo-p-dioxins, total

hexachlorodibenzofurans, total

pentachlorodibenzo-p-dioxins, total

pentachlorodibenzofurans, total

tetrachlorodibenzo-p-dioxins, and total

tetrachlorodibenzofurans.

Note to this paragraph: The administrative

stay, under the condition that the owner or

operator complies with alternative levels

defined as the land disposal restriction limits

specified in § 268.43 of this chapter for F039

nonwastewaters, remains in effect until

further administrative action is taken and

notice is published in the Federal Register

and the Code of Federal Regulations.

* * * * *

6. Appendix VIII to part 266 is revised

to read as follows:

APPENDIX VIII TO PART 266.—ORGANIC COMPOUNDS FOR WHICH

RESIDUES MUST BE ANALYZED

Volatiles Semivolatiles

Benzene .................... Bis(2-

ethylhexyl)phthalate

Toluene ..................... Naphthalene

Carbon tetrachloride Phenol

Chloroform ................ Diethyl phthalate

Methylene chloride .... Butyl benzyl phthalate

Trichloroethylene ....... 2,4–Dimethylphenol

Tetra chloroethylene o-Dichlorobenzene

1,1,1–Trichloroethane m-Dichlorobenzene

Chlorobenzene .......... p-Dichlorobenzene

cis-1,4–Dichloro-2-

butene.

Hexachlorobenzene

Bromochloromethane 2,4,6–Trichlorophenol

Bromodichloromethane.Fluoranthene

Bromoform ................ o-Nitrophenol

APPENDIX VIII TO PART 266.—ORGANIC COMPOUNDS FOR WHICH

RESIDUES MUST BE ANALYZED—

Continued

Volatiles Semivolatiles

Bromomethane .......... 1,2,4–

Trichlorobenzene

Methylene bromide ... o-Chlorophenol

Methyl ethyl ketone ... Pentachlorophenol

Pyrene

Dimethyl phthalate

Mononitrobenzene

2,6–Toluene

diisocyanate

Polychlorinated

dibenzo-p-dioxins 1

Plychlorinated

dibenzo-furans 1

1Analyses for polychlorinated dibenzo-pdioxins and polychlorinated dibenzo-furans are

required only for residues collected from areas

downstream of the combustion chamber (e.g.,

ductwork, boiler tubes, heat exchange surfaces, air pollution control devices, etc.).

PART 270—EPA ADMINISTERED

PERMIT PROGRAMS: THE

HAZARDOUS WASTE PERMIT

PROGRAM

1. The authority citation for part 270

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912, 6924,

6925, 6927, 6939, and 6974.

2. Section 270.19 is amended by

revising the introductory text and

adding paragraph (e) to read as follows:

§ 270.19 Specific part B information

requirements for incinerators.

* * * * *

Except as § 264.340 of this Chapter

and § 270.19(e) provide otherwise,

owners and operators of facilities that

incinerate hazardous waste must fulfill

the requirements of paragraphs (a), (b),

or (c) of this section.

* * * * *

(e) When an owner or operator

demonstrates compliance with the air

emission standards and limitations in

40 CFR part 63, subpart EEE, of this

chapter (i.e., by conducting a

comprehensive performance test and

submitting a Notification of

Compliance), the requirements of this

section do not apply. Nevertheless, the

Director may apply the provisions of

this section, on a case-by-case basis, for

purposes of information collection in

accordance with §§ 270.10(k) and

270.32(b)(2).

3. Section 270.22 is amended by

adding introductory text to read as

follows:
Federal Register / Vol. 64, No. 189 /Thursday, September 30, 1999 /Rules and Regulations 53077

§ 270.22 Specific part B information

requirements for boilers and industrial

furnaces burning hazardous waste.

When an owner or operator of a

cement or lightweight aggregate kiln

demonstrates compliance with the air

emission standards and limitations in

40 CFR part 63, subpart EEE (i.e., by

conducting a comprehensive

performance test and submitting a

Notification of Compliance), the

requirements of this section do not

apply. Nevertheless, the Director may

apply the provisions of this section, on

a case-by-case basis, for purposes of

information collection in accordance

with §§ 270.10(k) and 270.32(b)(2).

* * * * *

4. Appendix I to § 270.42 is amended

by adding an entry 8 in numerical order

in section A and revising entry 9 in

section L to read as follows:

TABLE 1.—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register reference Effective date

* * * * * * *

September 30, 1999 .................................... Standards for Hazardous Air Pollutants for

Hazardous Waste Combustors.

[Insert FR page numbers]. ... September 30, 1999.

APPENDIX I TO § 270.42—CLASSIFICATION OF PERMIT MODIFICATION

Modification Class

A. General Permit Provisions:

* * * * *

8. Changes to remove permit conditions that are no longer applicable (i.e., because the standards upon which they are based

are no longer applicable to the

facility). 1 1

* * * * *

L. Incinerators, Boilers, and Industrial Furnaces:

* * * * *

9. Technology Changes Needed

to meet Standards under 40

CFR part 63 (Subpart EEE—

National Emission Standards for

Hazardous Air Pollutants From

Hazardous Waste Combustors),

provided the procedures of

§ 270.42(j) are followed. 1 1

* * * * *

1 Class 1 modifications requiring prior Agency approval.

5. Section 270.62 is amended by

adding introductory text to read as

follows:

§ 270.62 Hazardous waste incinerator

permits.

When an owner or operator

demonstrates compliance with the air

emission standards and limitations in

40 CFR part 63, subpart EEE (i.e., by

conducting a comprehensive

performance test and submitting a

Notification of Compliance), the

requirements of this section do not

apply. Nevertheless, the Director may

apply the provisions of this section, on

a case-by-case basis, for purposes of

information collection in accordance

with §§ 270.10(k) and 270.32(b)(2).

* * * * *

6. Section 270.66 is amended by

adding introductory text to read as

follows:

§ 270.66 Permits for boilers and industrial

furnaces burning hazardous waste.

When an owner or operator of a

cement or lightweight aggregate kiln

demonstrates compliance with the air

emission standards and limitations in

40 CFR part 63, subpart EEE (i.e., by

conducting a comprehensive

performance test and submitting a

Notification of Compliance), the

requirements of this section do not

apply. Nevertheless, the Director may

apply the provisions of this section, on

a case-by-case basis, for purposes of

information collection in accordance

with §§ 270.10(k) and 270.32(b)(2).

* * * * *

PART 271—REQUIREMENTS FOR

AUTHORIZATION OF STATE

HAZARDOUS WASTE PROGRAMS

1. The authority citation for part 271

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), and

6926.

2. Section 271.1(j) is amended by

adding the following entries to Table 1

in chronological order by date of

publication in the Federal Register, to

read as follows:

§ 271.1 Purpose and scope.

* * * * *

(j) * * *

TABLE 1.—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register reference Effective date

* * * * * * *

September 30, 1999 ............................... Standards for Hazardous Air Pollutants

for Hazardous Waste Combustors.

................................................................. Sept. 30, 1999.

[FR Doc. 99–20430 Filed 9–29–99; 8:45 am]

BILLING CODE 6560–50–U