RULE PROPOSAL 

FEDERAL PLAN REQUIREMENTS FOR SEWAGE 

SLUDGE INCINERATION UNITS CONSTRUCTED 

ON OR BEFORE OCTOBER 14, 2010

80 FR 23402 US EPA Office of Air Qualtiy Planning and Standards
Purpose

 To provide a summary of the proposed rules

 Identify what we are requesting comments on

 Explain how to comment

 Answer clarifying questions on the proposal

 Please note: This is not a forum to take comments

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SSI Regulatory Overview

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 March 21, 2011, EPA promulgated new source performance standards (NSPS) and emissions guidelines (EG) for new and 

existing sewage sludge incineration units located at wastewater treatment facilities designed to treat domestic sewage 

sludge. 

 Clean Air Act (CAA) section 129 “Solid Waste Combustion”

 40 CFR part 60 subparts LLLL (new) and MMMM (existing)

 CAA section 129(f)(1): NSPS are directly enforceable

 CAA section 129(b)(2): EG are implemented via a State or Federal Plan

 CAA section 129(b)(2) directs States with existing SSI to submit plans to EPA that implement and enforce the EG. This 

deadline was March 21, 2012. CAA section 111 and 129(b)(3) and 40 CFR 60.27(c) and (d) require EPA to develop, 

implement and enforce a Federal Plan for SSI in any State without an approvable State plan. 

 States without any SSI units are directed to submit a letter of negative declaration to EPA. No plan is required for 

States that do not have any SSI. 

 August 20, 2013, the US Court of Appeals for the District of Columbia remanded portions of the 2011 SSI rule for further 

explanation. (National Association of Clean Water Agencies v. EPA, 734 F.3d 1115)

 The Court DID NOT vacate the NSPS or EG, and, therefore, the requirements of the rules remain in place. 

 April 27, 2015, EPA proposes the Federal Implementation Plan s for sewage sludge incineration units constructed on or 

before October 14, 2010

 EPA is aware of 185 SSI in 25 States across the U.S and Puerto Rico 

 Majority are publicly owned municipalities

 None in Indian Country 

 In all Regions, except for R8
SSI Locations

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*Map does not show: AK, PR, HI, or US 

Territories 
EPA Requests Comments

 EPA is soliciting public comments on the implementation of the SSI EG through the proposed Federal 

Plan. The EPA will not address comments on the underlying SSI rule.

 The EPA is aware of concerns regarding the Federal Plan proposed section 40 CFR 62.16015 

provision requiring the SSI to operate at a minimum of 85 percent of the maximum permitted 

capacity during testing. We are specifically soliciting comments on whether the 85 percent 

threshold warrants a revision due to operational limitations or other factors.

 Commenters are invited to identify additional sources for inclusion or removal in the inventory of 

affected SSI (See Inventory Memo in the Docket) 

 EPA solicits comment on the inventory of emissions for existing SSI (See Inventory Memo in the 

Docket)

 EPA solicits comment on the National Technology Transfer and Advancement Act: We invite the 

public to identify potentially-applicable voluntary consensus standards and explain why such 

standards should be used in this regulation

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Options for Providing Comments

 Deadline for Comments: June 11, 2015

 Web: http://www.regulations.gov 

 Follow the on-line instructions for submitting comments for EPA-HQ-OAR-2012-0319

 E-mail

 Send your comments via electronic mail to a-and-r-Docket@epa.gov, Attention Docket ID No. EPA-HQ- OAR-2012-0319

 Facsimile

 Fax your comments to (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-2012-0319

 Mail

 EPA Docket Center (EPA/DC), Environmental Protection Agency, Mailcode 28221-T, 1200 Pennsylvania 

Ave., NW, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2012-0319. We request that 

a separate copy also be sent to Amy Hambrick (919-541-0964) or Nabanita Modak (919-541-5572)

 Hand Delivery 

 EPA Docket Center (EPA/DC), EPA West Building, Room 3334, 1301 Constitution Ave., NW, Washington, 

DC, 20460, Attention Docket ID No. EPA-HQ-OAR-2012-0319. Such deliveries are accepted only 

during the normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

holidays) and special arrangements should be made for deliveries of boxed information.

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Who is Affected?

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 If the construction of an SSI unit began on or before October 14, 2010, it would be 

considered an existing SSI and could be subject to the Federal Plan when it is finalized. 

 If the construction of an SSI unit began after October 14, 2010, or modification of an 

SSI unit began after September 21, 2011, it would be considered a new SSI and would 

be subject to the NSPS (40 CFR part 60 subpart LLLL).

 The Federal Plan, when finalized, will apply to the owner or operator of an affected SSI 

unit that is not already covered by an approved and effective State Plan. 

 The Federal Plan, when finalized, will cover the SSI unit until the EPA approves a State 

plan that covers SSI in that State and that Plan becomes effective. 

 The Federal Plan will become effective 30 days after final promulgation. 
Proposed Federal Plan Requirements

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 March 21, 2016 is the final compliance date

 Come into compliance with the Federal Plan 1 year after the plan is promulgated but no later than March 21, 

2016; or

 Meet the increments of progress and come into compliance by March 21, 2016

 Emissions limits for 9 regulated pollutants for each subcategory (multiple hearth and fluidized bed)

 Cadmium (Cd), Carbon Monoxide (CO), Dioxin/Furans (CDD/CDF TMB or TEQ), Hydrogen Chloride (HCl), Lead 

(Pb), Mercury (Hg), Oxides of Nitrogen (NOX), Particulate Matter (PM), Sulfur Dioxide (SO2)

 Testing (E-reporting)

 Initial compliance tests 

 Annual performance tests or continuous emissions monitoring system (CEMS)

 Allowance for less frequent testing (per meeting the criteria)

 Continuous Compliance

 Annual pollution control device inspections (self inspect)

 Monitoring of operating parameters and limits

 Recording Keeping and Reporting (E-reporting)

 Increments of progress report 

 Initial compliance report

 Annual report 

 Deviation report

 Qualified operator status report

 Notification of intent to start or stop use of continuous monitoring systems, conduct a performance test/ reschedule 

performance test
Proposed Emission Limits

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Pollutant Units (7% O2) Multiple Hearth Fluidized Bed

Cadmium (Cd) milligrams per dry standard cubic meter 0.095 0.0016

Carbon Monoxide (CO) parts per million by dry volume 3,800 64

Dioxin/ Furans (D/F TMB) nanograms per dry standard cubic meter 5 1.2

Dioxin/ Furans (D/F TEQ) nanograms per dry standard cubic meter 0.32 0.10

Hydrogen Chloride (HCl) parts per million by dry volume 1.2 0.51

Lead (Pb) milligrams per dry standard cubic meter 0.30 0.0074

Mercury (Hg) milligrams per dry standard cubic meter 0.28 0.037

Oxides of Nitrogen (NOx) parts per million by dry volume 220 150

Particulate Matter milligrams per dry standard cubic meter 80 18

Sulfur Dioxide (SO2) parts per million by dry volume 26 15

Fugitive Emissions from Ash 

Handling

Visible emissions of combustion ash from an ash conveying system (including conveyor transfer 

points) for no more than 5 percent of any compliance test hourly observation period
Operator Training

 An SSI unit cannot be operated unless a fully trained and qualified SSI unit operator is accessible, either at the facility 

or can be at the facility within 1 hour.

 Operator training and qualification must be obtained through a State approved training program OR by completing 

the list of training requirements included in the proposed Federal Plan.

 Please note there are a few different ways this could occur. 

 Example: Operator training can be done through a third party contractor by completing the list of 

requirements included in the proposed federal plan even if there is a state approved program.

 Example: Operator training can be done through a facility’s in-house training program by completing the list 

of requirements included in the proposed federal plan. 

 Example: Operator training can be done through a State approved training program (e.g. State approved 

trainer or State run program; may vary by State)

 Example: Multi-facilities in a geographic area team up to hire a third party contractor by completing the list 

of requirements included in the proposed Federal Plan

 An examination designed and administered by the State approved program OR instructor administering the training 

topics listed in the rule. 

 Initial training and annual refresher

 Documentation on-site of completed operator training

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Implementation of the Federal Plan & Delegation

 EG are implemented and enforced through either

 EPA-approved State Plan, or

 Promulgated Federal Plan 

 Delegation of the Federal Plan 

 The EPA strongly encourages States without approved State Plans to request delegation of the Federal 

Plan so that they can have primary responsibility for implementing the revised EG 

 Delegation process

 State requesting delegation must submit a written request to the appropriate EPA Regional Office

 Explain how State meets the criteria for delegation (See generally ‘‘Good Practices Manual for 

Delegation of NSPS and NESHAP’’ (EPA, February 1983).

 Demonstrate that the State has adequate resources, legal and enforcement authority

 Include an inventory of effected SSI and their air emissions inventory

 Certify that a public hearing is held

 Memorandum of agreement between State and EPA 

 If the Federal Plan is not delegated, EPA will implement the Federal Plan

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Implementation of the Federal Plan & Delegation

 Authorities Retained by EPA (not delegated)

 Alternative to emissions limits

 Approval of major alternatives to monitoring

 Approval of major alternatives to record keeping and reporting

 Alternative site-specific operating parameters

 Approval of operation of an SSI unit and receipt of status reports when a qualified operator is not 

accessible

 Performance test and data reduction waivers

 Mechanisms for Transferring Authority to state, tribal, and local agencies:

 EPA-approved State plan after the Federal Plan is in effect

 EPA delegation to a State of the authority to implement certain portions of this Federal Plan to the extent 

appropriate and if allowed by State law.

 Implementing Authority

 The EPA Regional Administrators have been delegated the authority for implementing the SSI Federal 

Plan. 

 All reports required by the Federal Plan should be submitted to the appropriate Regional Administrator.

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Title V Operating Permits

 All existing SSI units regulated under State or Federal Plans implementing the 2011 EG must apply for and obtain a Title V 

permit. 

 The initial Title V application deadline depends on when the source first becomes subject to a Title V program

 If an SSI unit is an existing unit and is not subject to an earlier permit application deadline, the source must submit a 

complete application by the earliest of the following dates: 

 12 months after the effective date of any applicable EPA approved State Plan; or

 12 months after the effective date of any applicable Federal Plan; or

 36 months after promulgation of 40 CFR part 60, subpart MMMM (i.e., March 21, 2014).

 For any existing SSI unit not subject to an earlier permit application deadline, the application deadline of March 21, 2014, 

applies regardless of whether or when any applicable Federal Plan or State Plan is effective.

 If an SSI unit is subject to Title V as a result of some triggering requirement(s) other than those mentioned above (for 

example, an SSI unit may be a major source or part of a major source), then the owner/operator of the source may be 

required to apply for a Title V permit prior to the deadlines specified above.

 Title V and Delegation of a Federal Plan

 Legally, delegation of a standard or requirement results in a delegated State or Tribe standing in for the EPA as a matter 

of Federal law. As a result, obligations a source may have to the EPA under a federally promulgated standard become 

obligations to a State or Tribe (except for functions that the EPA retains for itself) upon delegation.

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Schedule

 June 11, 2015: Public Comment Period closes

 EPA is actively working to finalize the Federal Plan

 March 21, 2016: Final Compliance Date

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Contact

 SSI website: http://www.epa.gov/ttn/atw/129/ssi/ssipg.html

 General Questions

 Amy Hambrick // 919-541-0964 // Hambrick.Amy@epa.gov

 Nabanita Modak // 919-541-5572 // Modak.Nabanita@epa.gov

 Title V Questions

 Joanna Swanson // 919-541-5482 // Swanson.Joanna@epa.gov

 This document does not establish any new requirements and is not binding or 

enforceable. It does not constitute final agency action under Clean Air Act section 

307(b)(1), 42 U.S.C. 7607(b)(1). Rather, it is a “living document” that provides general 

information, identifies specific areas we are requesting comment on, explains options for 

submitting comments, and to answer clarifying questions pertaining to the April 27, 

2015, SSI Federal Plan proposed rule under Section 129 of the Clean Air Act as 

amended in 1990. This presentation is not a forum to take comments. 

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