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—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 RegulationsI. 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 thecomparable 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.


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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


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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.


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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 a b a b 

### = − 

# ( ) + 

# ( ) 100%* /

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


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BILLING CODE 6560–50–C


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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 

### E RROR 

### CONCENTRATION 

### RANGES

Measurement point CO Low range (ppm) CO High range (ppm) O 2 (%)

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


### 53033 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

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


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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


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BILLING CODE 6560–50–C


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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.— H AZARDOUS 

### WASTE 

### COMBUSTORS 

### E XEMPT FROM 

### S UBPART 

### 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 wasteno 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 theAdministrator can extent this one-year restriction on a case-by-case basis upon your written request documenting when you firstburned 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).


### 53039 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

(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 whichthe 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 underthe 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

1 For 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 out in 

### = − 

# ( )



# [ ] × 1 100% /

Where:
W

in=mass feedrate of one principal

organic hazardous constituent (POHC) in a waste feedstream; and W

out=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.


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

(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; C
s = 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, E
c, from the following equation:



### E C Q C Q P

c sk sdk sb sdb



### = × + ×



# ( ) /

where:

E
c = 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 out in 

### = − 

# ( )



# [ ] × 1 100% /

Where:
W

in=mass feedrate of one principal

organic hazardous constituent (POHC) in a waste feedstream; and W

out=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 thedioxin/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 regulatedconstituent with the raw mill offline.
Cmill-on=average performance test concentration of regulatedconstituent 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 

### / /


### 53043 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

(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 estimatedemissions 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 out in 

### = − 

# ( )



# [ ] × 1 100% /

Where:
W

in=mass feedrate of one principal

organic hazardous constituent (POHC) in a waste feedstream; and W

out=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


### 53045 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

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 24

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 120,000 μg/dscm or less, and use of a particulate matter control


### 53047 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

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 88

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 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 metalsare 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


### 53049 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

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


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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 andCMS 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


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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


### 53053 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

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


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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.


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§ 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 CEMSdetects 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 usea 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 aspan 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 calculatingthe 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


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initially. Continuous monitoringsystems 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:


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(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


### 53059 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

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


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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:


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(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


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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.

1 You 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:


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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 particulatematter 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


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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.


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(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 SubpartEEE, 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.


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(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 emissionstandard, 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 documentationprepared 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).


### 53067 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

TABLE 

### 1 TO 

### S UBPART 

### EEE.—G ENERAL 

### P ROVISIONS 

### A PPLICABLE TO 

### S UBPART 

### 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 installnecessary 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 O 2CEMS 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

............... N OTE : 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 sourcesare 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 

### S UBPART 

### EEE.—G ENERAL 

### P ROVISIONS 

### A PPLICABLE TO 

### S UBPART 

### 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) timeperiod, 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.


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

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: P ERFORMANCE 

### S PECIFICATIONS FOR 

### CEMS

CEMS Performancespecification

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: P
c = concentration of the pollutant or standard corrected to 7 percent oxygen, dry basis; P

m = 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 c i

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 mustbe 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.—D ETECTION AND 

### D ETECTION 

### L IMIT 

### VALUES FOR 

### COMPARABLE 

### F UEL 

### S PECIFICATION

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

................


### 53071 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

TABLE 

### 1 TO 

### § 261.38.—D ETECTION AND 

### D ETECTION 

### L IMIT 

### VALUES FOR 

### COMPARABLE 

### F UEL 

### S PECIFICATION

### —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.—D ETECTION AND 

### D ETECTION 

### L IMIT 

### VALUES FOR 

### COMPARABLE 

### F UEL 

### S PECIFICATION

### —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


### 53073 Federal Register /Vol. 64, No. 189 /Thursday, September 30, 1999 / Rules and Regulations

TABLE 

### 1 TO 

### § 261.38.—D ETECTION AND 

### D ETECTION 

### L IMIT 

### VALUES FOR 

### COMPARABLE 

### F UEL 

### S PECIFICATION

### —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.—D ETECTION AND 

### D ETECTION 

### L IMIT 

### VALUES FOR 

### COMPARABLE 

### F UEL 

### S PECIFICATION

### —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,


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

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 anowner 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 wasteburned 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:



### A PPENDIX 

### VIII TO 

### PART 

### 266.—O R



### GANIC 

### COMPOUNDS FOR 

### W HICH 

### R ESIDUES 

### M UST 

### B E 

### A NALYZED

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–TrichlorophenolBromodichloromethane

. Fluoranthene

Bromoform

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

### A PPENDIX 

### VIII TO 

### PART 

### 266.—O R



### GANIC 

### COMPOUNDS FOR 

### W HICH 

### R ESIDUES 

### M UST 

### B E 

### A NALYZED



### — 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

1 Analyses 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:


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

§ 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.—R EGULATIONS 

### I MPLEMENTING THE 

### H AZARDOUS 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.



### A PPENDIX 

### I TO 

### § 270.42—C LASSIFICA



### TION OF 

### P ERMIT 

### M ODIFICATION

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.—R EGULATIONS 

### I MPLEMENTING THE 

### H AZARDOUS AND 

### S OLID 

### 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