Mr. Karl Brooks
Page Two

Compliant with the April 6,2011 state implementation plan regional consistency memo
, an exact duplicate of this submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator.

Thank you for your attention to this matter. If you have any questions regarding this submittal, please contact Wendy Vit at the Missouri Department of Natural Resources ' Air Pollution

Control Program

, P.O. Box 176

, Jefferson City, MO 65102 or by phone at (573) 751-4817.

Sincerely,

AIR POLLUTION CONTROL PROGRAM

# K~~;;(~

Director

KLM:ajc

Enclosures:

Copy of rule published in CSR
Copy of plan as adopted Copies of commission signature pages certifying Missouri Air Conservation Commission
adoption of rule and plan Copy of public hearing web notice for rule and plan Copies of public hearing transcript introductory statements for rule and plan
Copy of MO Reg proposed rulemaking Copy of MO Reg order of rulemaking with comments/responses Copy of public comments and responses for plan

c: Missouri Air Conservation Commissionyears from the date last approved or when a modification occurs. In lieu of a full plan update, a letter may be provided to thedepartment stating that a review was performed and the existing odor control plan is adequate. This review letter or odor control plan update shall be due to the department six (6) months before the current odor control plan expires or at least thirty (30) days priorto the modification occurring with the following provisions:

(A) All existing odor control plans shall be updated by March 31, 2011; and

(B) Any person may petition the department to be removed from the odor control plan requirement based on documentation
that the odor source has been removed.

(5) Test Methods. Measurements shall be made with a Nasal Ranger as manufactured by St. Croix Sensory Inc. or by a similarinstrument or technique that will give substantially similar results, or as approved by the department.

AUTHORITY: section 643.050, RSMo 2000.* Original rule filed April 14, 2010, effective Nov. 30, 2010

.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin

PURPOSE: This rule restricts the emission of particulate matter to the ambient air beyond the premises of origin.

(1) Restrictions to Limit Fugitive Particulate
Matter Emissions. It shall be a violation of this regulation if, in the opinion of the staff
director—

(A) Any person causes or allows to occur any handling, transporting or storing of any material; construction, repair, cleaning or demolition of a building or its appurtenances; construction or use of a road, driveway or open area; or operation of a commercial orindustrial installation without applying reasonable measures as may be required to prevent, or in a manner which allows or may allow, fugitive particulate matter emissions to go beyond the premises of origin in quantities that the particulate matter may be found on surfaces beyond the property line of origin. The nature or origin of the particulate matter shall be determined to a reasonable degree of certainty by a technique proven to be accurate and approved by the director; or

(B) Any person causes or allows to occur any fugitive particulate matter emissions to remain visible in the ambient air beyond the property line of origin. (2) Should the director determine that noncompliance with section (1) has occurred at a location, the director may require reasonable control measures, as may be necessary. These measures may include, but are not limited to, the following: A. Revision of procedures involving construction, repair, cleaning and demolitionof buildings and their appurtenances that produce particulate matter emissions; B. Paving or frequent cleaning of roads, driveways and parking lots; C. Application of dust-free surfaces; D. Application of water; andE. Planting and maintenance of vegetative ground cover.

(3) Exceptions. Section (1) shall not apply to the following:

(A) Those portions of unpaved publicroads that are not designated as nonattainment areas for particulate matter;

(B) Agricultural operations including tilling, planting, cultivating or harvesting within a field, the moving of livestock on foot or the hauling of produce within the confines of a farm; and

(C) Driveways limited to residential use.

(4) The staff director may allow an exemption
for unusual and adverse weather conditions for any activity which would otherwise be a violation of section (1). These conditions may include, but are not limited to, high winds, extended dry weather periods and extreme cold weather periods.

AUTHORITY: section 643.050, RSMo Supp. 1997.* Original rule filed March 5, 1990, effective Nov. 30, 1990. Amended: Filed March 18, 1996, effective Oct. 30, 1996. Amended: Filed Jan. 2, 1998, effective Aug. 30, 1998.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1995.

10 CSR 10-6.180 Measurement of Emissions of Air Contaminants

PURPOSE: This rule provides that upon request any source shall complete, or have completed, tests of emissions or, at the option of the agency, make the source available for tests of emissions.

(1) Responsible Persons to Have Tests Made.The director may require any person responsible for the source of emission of air contaminants to make or have made tests to determine the quantity or nature, or both, of
emission of air contaminants from the source. The director may specify testing methods tobe used in accordance with good professional practice. The director may observe the testing. All tests shall be conducted by reputable, qualified personnel. The director shall be given a copy of the test results in writing and signed by the person responsible for the tests.

(2) Director May Make Tests. The directormay conduct tests of emissions of air contaminants from any source. Upon request of the director, the person responsible for the source to be tested shall provide necessary ports in stacks or ducts and other safe andproper sampling and testing facilities, exclusive of instruments and sensing devices as may be necessary for proper determination of
the emission of air contaminants.

AUTHORITY: section 643.050, RSMo Supp. 1992.* Original rule filed Aug. 2, 1990, effective Dec. 31, 1990.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992.

10 CSR 10-6.190 Sewage Sludge and Industrial Waste Incinerators

Editor’s Note: On March 29, 1993 the Circuit Court of Cole County found that 10 CSR 10- 6.190 was void since it exceeds the statutory cost analysis requirements of sections 536.200 and 536.205, RSMo.

10 CSR 10-6.191 Sewage Sludge Incinerators

PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing sewage sludge incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 76 FR 15372, dated March 21, 2011.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies to each sewage sludge incineration (SSI) unit, as defined in section (2) of this rule, for which construction was commenced on or before October 14, 2010, except as provided in subsection (1)(C) of this

rule.

(B) If the owner or operator of an SSI unit makes physical or operational changes to an

108 CODE OF STATE REGULATIONS (4/30/13) J ASON K ANDER Secretary of State 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionCODE OF STATE REGULATIONS 109 J ASON K ANDER (4/30/13) Secretary of State Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

SSI unit for which construction commenced on or before September 21, 2011, primarily to comply with this rule, 10 CSR 10-6.070 New Source Performance Regulations does not apply to that unit.

(C) Exemptions to this rule are as follows:

1. Combustion units that incinerate sewage sludge and are not located at a

wastewater treatment facility designed to treat domestic sewage sludge. Owners or operators of combustion units claiming exemption under this paragraph must notify the director; and 2. Any SSI unit that becomes subject to
10 CSR 10-6.070 New Source Performance Regulations because the owner or operator made changes after September 21, 2011, that meet the definition of modification, as defined in section (2) of this rule.

(2) Definitions.

(A) The provisions of 40 CFR 60.5250, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference inthis rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or
additions.

(B) Definitions of certain terms specifiedin this rule, other than those defined in subsection (2)(A) of this rule, may be found in

10 CSR 10-6.020.

(3) General Provisions. The following references to 40 CFR 60.5085 through 60.5225, 40 CFR 60.5240 through 60.5245, and 40 CFR 60, Subpart MMMM Tables 1 through 6, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or
additions.

(A) Increments of Progress—40 CFR 60.5085 through 60.5125;

(B) Operator Training and Qualifications— 40 CFR 60.5130 through 60.5160;

(C) Emission Limits, Emission Standards, and Operating Limits and Requirements—40 CFR 60.5165 through 60.5181;

(D) Initial Compliance Requirements—40 CFR 60.5185 through 60.5200;

(E) Continuous Compliance Requirements—40 CFR 60.5205 through 60.5215;

(F) Performance Testing, Monitoring, and Calibration Requirements—40 CFR 60.5220 through 60.5225;

(G) Title V Operating Permit—40 CFR 60.5240 through 60.5245; and

(H) Table 1 though Table 6. The compliance dates for the increments of progress

are— 1. For Increment 1, submit final control plan within one (1) year of the effective date of this rule; and 2. For Increment 2, final compliance by March 21, 2016.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.5230 through 40 CFR 60.5235, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent
amendments or additions.

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo Supp. 2012.* Original rule filed Aug. 27, 2012, effective May 30, 2013

.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-6.200 Hospital, Medical, Infectious Waste Incinerators

PURPOSE: This rule establishes emission limits for existing hospital, medical, and infectious waste incinerators. The pollutants regulated include metals, particulate matter, acid gases, organic compounds, carbon monoxide, and opacity. This rule includesrequirements for operator training and qualification, waste management, compliance andperformance testing, monitoring, and reporting/record keeping.

PUBLISHER’S NOTE:  The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.  This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) Except as provided in subsection (1)(B) through (H) of this rule, this ruleapplies to each individual hospital or medical/infectious waste incinerator (HMIWI)—
1. For which construction was commenced after June 20, 1996, but no later than December 1, 2008; or
2. For which modification is commenced after March 16, 1998, but no later than April 6, 2010.

(B) A combustor is not subject to this rule during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the combustor— 1. Notifies the director of an exemption claim; and 2. Keeps records on a calendar-quarterbasis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

(C) Any co-fired combustor is not subjectto this rule if the owner or operator of the cofired combustor— 1. Notifies the director of an exemption claim;
2. Provides an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted; and 3. Keeps records on a calendar-quarterbasis of the weight of hospital waste and medical/infectious waste combusted, and theweight of all other fuels and wastes combusted at the co-fired combustor.

(D) Any combustor required to have a permit under section 3005 of the Solid Waste Disposal Act is not subject to this rule.

(E) Any combustor which meets the applicability requirements under subpart Cb, Ea, or Eb of 40 CFR part 60 is not subject to this
rule.

(F) Any pyrolysis unit is not subject to this
rule.

(G) Cement kilns firing hospital waste
and/or medical/infectious waste are not subject to this rule. (H) Physical or operational changes made to an HMIWI unit solely for the purpose of complying with this rule are not considered a
modification and do not result in an HMIWI unit becoming subject to the provisions of 40 CFR part 60 subpart Ec.

(I) Facilities subject to this rule shall operate pursuant to a permit issued under the permitting authorities operating permit program.

(2) Definitions.

(A) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in the Clean Air Act and in 40 CFR Part 60, subparts A, B, and Ec.

(B) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Emission Limits.

1. No owner or operator of an HMIWIsubject to this rule shall cause to be discharged into the atmosphere any gases that
contain stack emissions in excess of the limits presented in Table 1 of this subsection, except as provided for in paragraph (3)(A)2.
of this rule.

# SECTION 111(D)/129 STATE PLAN FOR SEWAGE

SLUDGE INCINCERATORS IN MISSOURI

A Missouri Section 111(d)/129 State Plan Revision

Prepared for the

Missouri Air Conservation Commission

As Adopted: February 5, 2013

Division of Environmental Quality Air Pollution Control Program

P.O. Box 176

1659 East Elm Street Jefferson City, Missouri 65102-0176 Phone (573) 751-4817

# TABLE OF CONTENTS

I. Introducti on ...................................................................................................... 1

II. Demonstration of Legal Authority and Identification of Enforceable State Mechanism for Implementing th e Emission Guidelines. ................................ 2

III. Source Inventory of Affected Se wage Sludge Inci nerators. ........................... 2

IV. Emission Inventory of Affected Sewage Sludge In cinerators......................... 4

V. Emission Li mits. .............................................................................................. 5

VI. Compliance Schedules. .................................................................................... 6

VII. Testing, Monitoring, and In spection Require ments. ....................................... 6

VIII. Reporting and Recor dkeeping Require ments. ................................................. 7

IX. Operator Training and Qualif ication Require ments. ....................................... 7

X. Title V Permitting Re quirements. .................................................................... 7

XI. Public Hear ings. ............................................................................................... 7

XII. State Progress Repor ts to EPA. ....................................................................... 8

XIII. Final Comp liance Date. .................................................................................... 8

# LIST OF TABLES

1. Source Inventory

2. Emission Inventory

3. Emission Limits

4. Increments of Progress



# LIST OF APPENDICES

A. 40 CFR 60.5000, Subpart MMMM Emission Guidelines and Compliance Times for Existing Se wage Sludge Incineration Units (includes Model Rule) Source: 76 FR 15372, Mar. 21, 2011, unless

otherwise noted.



## B. Missouri Air Conservation Law, s ections 643.010 -643.070, RSMo

C. State Rule: 10 CSR 10-6.191S ewage Sludge Incinerators

D. Tables

E. Notices of Public Hearings

F. Maps1 

### I. Introduction

On March 21, 2011, the U.S. Environmenta l Protection Agency (EPA) established emission guidelines and compliance times for existing Sewage Sludge Incineration (SSI) units. The emission guidelines and compliance times are codified in 40 CFR 60, Subpart MMMM, which can be referenced in Appendix A. The Clean Air Act requires that state regulatory agencies implement the emissi on guidelines and compliance times using a state plan developed under sec tions 111(d) and 129 of the Cl ean Air Act. Section 111(d) establishes general requirements and procedures on state plan submittals for the control of designated pollutants. Sec tion 111(d) allows for the i ndividual unit’s useful life expectancy to be taken into account with regards to the final compliance date; however, section 129 does not. Section 129 requires emis sion guidelines to be promulgated for all categories of solid waste incineration units , including SSI’s. S ection 129 overrides the flexible nature of section 111(d), in that it ma ndates that all plan requirements be at least as protective and restrictive as the promulga ted emission guidelines. This includes fixed final compliance date, fixed compliance schedules and title V permitting requirements for all affected sources. Section 129 also requi res that state plans be submitted to EPA within one (1) year after EPA’s promulgati on of the emission guidelines and compliance

times.

State plans must contain specific informati on and the legal mechanisms necessary to implement the emission guidelines and compliance times. The requirements as codified

in 40 CFR 60.5015 are as follows.

• A demonstration of the state's legal author ity to carry out the sections 111(d) and 129 state plan and identification of enforceable mechanisms for implementation.

• An inventory of sources in the stat e affected by the emission guidelines, including to the best of the state's knowle dge, SSI units that have shut down and are capable of restarting.

• An inventory of emissions information for affected SSI units operating in the

state.

• Emission limits, emission standards, operator training and qualification requirements, and operating limits for aff ected SSI units that are at least as protective as the emission guidelines.

• Compliance schedules for all affected SSI units, with a final compliance date no later than March 21, 2016 or th ree (3) years after the effective date of state plan approval, whichever is earlier.

• Testing, monitoring, and inspection requirement s at least as protective as those in the emission guidelines.2 • Performance testing, reporting, and reco rdkeeping requirements at least as protective as those in the emission guidelines.

• Certification that the public hearing on the state plan was held, a list of witnesses and their organizational aff iliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission.

• Provision for state prog ress reports to EPA.

Prior to submittal to EPA, the state must make available to the public the state plan and provide opportunity for public comment. The st ate must submit the final plan to EPA. The EPA then has one year to approve or di sapprove the state plan. Plan approval or disapproval will be published in the Federal Re gister. If a plan is disapproved, EPA will state the reason for disapproval in the Federal Register and give the state the opportunity to respond to EPA’s concerns and submit a revised plan.



### II. Demonstration of Legal Authority and Identification of Enforceable State Mechanism for Implementing the Emission Guidelines.

The Air Conservation Commission of the State of Missouri is the air pollution control agency for the state. The commission was created to maintain the purity of the air resources of the state to protect the healt h, general welfare and physical property of the people, maximum employment and the full industrial development of the state by preventing, abating and controlling air pollu tion by all practical and economically

feasible methods. The Missouri Air Conser vation Commission, mo re commonly referred to as the Commission or MACC, has the au thority, pursuant to chapter 536, Revised Statutes of Missouri (RSMo), to promulgate rules and regulations to establish standards and guidelines to ensure that the State of Missouri is in co mpliance with the provisions of the federal Clean Air Act. The specific pow ers and duties of the MACC are outlined in section 643.050, RSMo. A copy of the Missour i Air Conservation Law, sections 643.010- 643.070, RSMo, can be found in Appendix B.

The State of Missouri will use a state rulemaki ng as the legal instrume nt to enforce these emission guidelines and compliance times. Missour i’s state rule incor porates by reference the promulgated emission guidelines and model rule; therefore it is as protective as the federal regulation. The state rule is 10 CSR 10-6.191 Sewage Sludge Incinerators. This rule will apply to the entire state. A copy of the proposed state rule, as of October 29, 2012, can be found in Appendix C.



### III. Source Inventory of Affected Se wage Sludge Incinerators.

The emission guidelines in this plan apply to existing SSI units for which construction commenced on or before October 14, 2010. The a pplicability of affected units is detailed3 in 10 CSR 10-6.191 section (1), found in Appendix C. The definition of sewage sludge incineration unit is defined for this pu rpose in section (2) of 10 CSR 10-6.191, in Appendix C. Any exemptions are also de tailed in section (1) of 10 CSR 10-6.191. The emission guidelines apply to both fluidized bed and multiple hearth process designs of incinerators, specifically one s designed to incinerate sewage sludge located at a wastewater treatment facility.

Source inventory information was initially ge nerated using the EPA’ s inventory database as promulgated with the federal rulemaking. EPA’s database is comprised of information collection requests and surveys that were co mpiled using a base year of 2009. The EPA

created this database to determine the baseline emissions for existing units at the time of promulgation.

The Air Pollution Control Program (Air Program) maintains an emission inventory database for the purposes of air resource planning, permitting, and compliance. The database contains equipment and emission in formation for facilities with construction and/or operating permits. The data is collected via annual Emission Inventory Questionnaires (EIQs), is quality assured fo r use by the Air Program, and the data is forwarded to EPA according to the requireme nts of the Air Emissions Reporting Rule (AERR). The Air Program’s database was queried for Waste Water Treatment Plants/Facilities (WWTP/WWTF) having sewage sludge incine rators and then checked for applicability with the emission guidelines . The affected source lists from the Air Program’s inventory and the EPA’s da tabase were consistent.

The Air Program also contacted other progr ams within the Division of Environmental Quality, including the Solid Waste Management Program, the Hazardous Waste Management Program, the Water Pollution C ontrol Program, regiona l/satellite offices, and local agencies to verify that all sources potentially aff ected by the emission guidelines were included in the inventory. No additional sources were identified in this

communication.

A listing of the affected s ources is shown in the following table, Table 1. The information includes: facility name, site name, State ID, FIPS (Federal Information Processing Standards) ID, Plant ID, address, process type and number of units. There are currently 4 facilities with 14 incineration units affected by this regula tion in the State of

Missouri.

Table 1: Source Inventory

State FIPS PLANT Facility Name Site Name Owner Name Address City,State,Zip County #ofUnits Process Type

29 095 0039 Blue River

Treatment Plant Hawthorne City of Kansas City
(MO) 7300 Hawthorn Rd Kansas City,MO 64120 Jackson 3 Multiple Hearth

29 510 0053 Metropolitan St.

Louis Sewer District Bissell Point WW

Treatment Plant Metropolitan St.

Louis Sewer District 10 East Grand

Avenue St. Louis,MO 63147 St. Louis City 6 Multiple Hearth

29 189 0217 Metropolitan St.

Louis Sewer District Lemay WW Treatment

Plant Metropolitan St.

Louis Sewer District 201 Hoffmeister

Avenue St. Louis,MO 63125 St. Louis

County 4 Multiple Hearth

29 095 0150 Rock Creek

Treatment Plant Independence City of

Independence 9600 Northledge Independence, MO

64053 Jackson 1 Fluidized Bed4 Little Blue Valley (095-0186) , Atherton WWTP’s SSI (EU6), was identified by EPA in its 2009 inventory. It has been removed from th e affected source inventory as the facility is removing the existing SSI (EU6) from operation and replacing it with a new SSI (EU16). This is stated in the Cons truction Permit # 082011-003, which was signed and became effective on August 9, 2011. An excerpt from Permit # 082011-003 states,

“ The existing coal-fired sewage sludge incinera tor has a capacity of 36 dry tons per day (dtpd) and was designed for a 40 MGD (m illion gallons/day) wastewater treatment facility. In 2003, the AWWTP received a cons truction permit to increase the capacity of the wastewater treatment process from 40 MGD to 52 MGD. The AWWTP has forecasted that the facility will reach 52 MGD by 2020. In order to meet this demand, the AWWTP has proposed to replace its 36 dtpd in cinerator with a 72 dtpd fluidized bed incinerator (EU16) that utilizes natural gas and diesel as supplementary fuels. The maximum hourly design rate of the incinera tor will be 3.0 dry tons sewage sludge per hour. As a result of this project, the existing Zimpro LPO system and the sewage sludge incinerator (E06) that uses coal as a supplemental fuel will be removed from operation.” The new incinerator, EU 16, will be regulat ed by the NSPS (New Source Performance Standards), 40 CFR 60, Subpart LLLL, and is therefore not include d in this 111(d)/129 plan.

Maps depicting the locations of affected s ources are included for reference in Appendix

F.



### IV. Emission Inventory of Affected Sewage Sludge Incinerators.

An emissions inventory is included for the ap plicable incinerators. Calculations utilize emission factors and throughputs provided in the facilities’ annual Emissions Inventory Questionnaires (EIQ). In some cases the emission factors were taken from the EPA document AP-42, Compilation of Air Pollutant Emission Factors , Fifth Edition, Section 2.2 “Sewage Sludge Incineration” (January 1995), and the EPA’s webFIRE, Factor Information Retrieval System. All verified, site specific emission factors (such as from stack testing/CEMS) were used first, with the AP-42 factors being used when site specific factors were unavailable. For ease of reference, all of the emission factors utilized in the

emissions calculations are included in Appendix D.

The total annual throughput for each facility, in tons of sludge per year, and emission factor, in pounds of pollutant per ton of sl udge, were used to cal culate annual actual emissions, in tons per year. Most facilities s upply this information via their EIQ, which is required to be submitted and/or updated annua lly depending on facility permit type.

All of the values used for this plan are based on the 2011 calendar year of emissions. Submitted EIQ data was verified with the individual affected sources through phone communication with the Air Quality Analysis (AQA) section of the Air Program in August 2012. This was done as a quality assu rance check of the data used for this emission inventory, to update source informa tion and to document any changes made to the source emission inventory. The total annual actual emissions for the affected sources are included in the following table, Table 2. The pollutants accounted for in the emission5 inventory are: particulate matter (PM), car bon monoxide (CO), cadmium (Cd), lead (Pb), mercury (Hg), sulfur dioxide (SO 2 ), hydrogen chloride (HCl), dioxins/furans (Total Mass Basis, TMB, or Toxic Equivale ncy, TEQ), and nitrogen oxides (NO

x ).

Table 2: Emission Inventory

Bissell Point (510-0053) has an incinerator, EP-0 2, that is reported as inactive, with its last reported active emissions ye ar being 2003; however, it is s till capable of restarting. Therefore, if Bissell Point restarts EP-02 (In cinerator 1), it will also be regulated by the emission guidelines in this plan and the corr esponding state rule. If the incinerator is restarted, it will need to be in compliance by the final compliance date or the unit’s startup date, whichever is late r. It would also be require d to meet the increments of progress if it is restarted be fore the final compliance date. The exact requirements that apply to this situation can be found in sect ion 60.5120 of the Model Rule, in Appendix A.



### V. Emission Limits.

Rule 10 CSR 10-6.191 and this plan establish em ission limits for all nine (9) designated pollutants listed in the emission guidelines. Th ese pollutants, as listed in the emission inventory, are: PM, CO, Cd, Pb, Hg, SO 2 , HCl, dioxins/furans (TMB or TEQ), and NO

x . All of the limits are in units of concentra tion. Missouri’s sewage sludge incinerator rule is at least as protective as the emission guidelines because it prim arily incorporates by reference the federal emission guidelines at 40 CFR 60, Subpart MMMM. As required by section 129 of the Clean Air Act, the emissi on limits are identical to those listed in the promulgated emission guidelines. These em ission limits are found in subsection (3)(C) of rule 10 CSR 10-6.191, located in Appendi x C. Table 3 summarizes the emission

limits for all units as follows. Site/Unit ID Process Type PM Pb Cd Hg PCDD/PCDF (TMB) HCl NOx SO2 CO

EP001 Multiple Hearth 0.654 0.061 0.038 0.005 9.506E-06 0.020 5.325 0.204 0.613

EP02* Multiple Hearth

- - -- - ---- EP03 Multiple Hearth 1.523 0.010 0.156 0.019 3.919E-05 0.084 18.012 0.467 89.015
EP04 Multiple Hearth 1.000 0.006 0.126 0.015 3.167E-05 0.068 14.290 3.639 87.732
EP05 Multiple Hearth 0.612 0.002 0.069 0.008 1.725E-05 0.037 8.316 0.931 61.806
EP06 Multiple Hearth 0.804 0.001 0.090 0.011 2.266E-05 0.049 10.934 0.337 60.166
EP07 Multiple Hearth 4.338 0.017 0.268 0.032 6.724E-05 0.145 29.028 10.093 259.657

8.278 0.036 0.708 0.085 1.780E-04 0.383 80.581 15.467 558.376

EP 1-4 Multiple Hearth 1.953 0.022 0.329 0.039 8.257E-05 0.178 44.394 1.776 275.240

EP1 Fluidized Bed 0.302 0.000 0.003 0.002 9.480E-09 0.069 1.167 0.206 0.261

19.466 0.156 1.786 0.215 4.481E-04 1.032 212.048 33.120 1392.867 *Bissell Point -EP02 is currently inactive. Italicized/Bolded values are based upon site specific data. Other values are based upon AP-42/FIRE data. Annual Actual Emissions (Based on 2011 Emission Factors and Throughputs, in tons per year)

Rock Creek (095-0150) Blue River (095-0039)

Bissell Point (510-0053)

Lemay (189-0217) Bissell Point Emission Totals

All Affected Sources-Emission Totals6 Table 3: Emission Limits

VI. 

### Compliance Schedules.

In subsection (3)(H) of 10 CSR 10-6.191, found in Appendix C, are the two increments of progress that must be met by all units that are not expected to be in compliance within one year of the effective date of state plan approval. The first increment is the submission of a final control plan dictating how compliance will be achieved. The second is the final complian ce date; the final da te for all sources, regardless of the unit’s useful life expectan cy, to be in compliance with the emission limits. Table 4 summarizes the increments of progress as follows.

Table 4: Increments of Progress

Additional details on these requirements can be found in the CFR, sections 60.5085- 5125, in Appendix A.

VII. 

### Testing, Monitoring, and Inspection Requirements.

Owners or operators of SSI shall follow the testing, monitoring, and inspection requirements as stated in subsections (3)(D )-(3)(F) of rule 10 CSR 10-6.191, found in Appendix C. Initial compliance and conti nuous compliance determinations, periodic performance tests and monitoring of sp ecific operating parameters are among the March 21, 2016 or three years after
effective date of state plan approval,

whichever is earlier Control Plan Submittal Date

Final Compliance Date One year after effective date of State

Rule, 10 CSR 10-6.191 Increments of Progress7 requirements for applicable SSIs. Any nece ssary equipment repairs shall comply with the requirements of subsection (3)( D) of state rule 10 CSR 10-6.191.

VIII. 

### Reporting and Recordkeeping Requirements.

Owners or operators of SSI shall follow th e reporting and recordkeeping requirements listed in section (4) of st ate rule 10 CSR 10-6.191, located in Appendix C. Required reports may include but are not limited to: an initial compliance report, deviation report, and increment of progress report. The increment of progress report is required when the facility is not able to be in co mpliance within one year of the state plan’s effective approval date, as stated in Secti on VI. Compliance Schedul es. Each facility must maintain records of the performance te st and specified operating parameters for five (5) years. The facility must submit annua l reports to the Air Program if it continues to be in compliance and semiannual reports if it exceeds emission st andards or operating parameter limits.

IX. 

### Operator Training and Qual ification Requirements.

SSI operators shall meet the requirements for operator training and qualification as listed in subsection (3)(B) of rule 10 CSR 10-6.191, found in Appendix C. Each facility is required to have at least one trained and qualified SSI operator on duty or on call. In order to be considered a trained and qualifie d SSI operator, an indi vidual must pass an SSI operator training course that meets the requ irements specified in the state rule. Each facility is required to deve lop site-specific information regarding SSI operation. Each employee who is involved in the operation of the SSI must review the operating information developed for the SSI each year.



### X. Title V Permitting Requirements.

All SSI units subject to the EPA-approve d and effective 111(d)/129 state plan are required to apply for and obtain a title V operati ng permit. If an existing SSI unit is not subject to an earlier permit application deadline, a complete title V permit application

must be submitted on or before the earlier of the following dates: within one year of the effective date of state plan approval or March 21, 2014. Specific details regarding permitting requirements are listed in subsection (3)(G) of state rule 10 CSR 10-6.191, located in Appendix C.

XI. 

### Public Hearings.

In accordance with 40 CFR 60.5015, the Air Prog ram is required to hold a public hearing prior to adoption of this stat e plan and the subsequent s ubmittal to the EPA. The Air Program will notify the public a nd other interested parties of an upcoming public hearing8 and comment period thirty (30) days prior to holding such hearing for this state plan as

follows:

 The public comment period for the 111(d)/ 129 state plan opened when it was posted on the Department of Natural Resources’ Air Pollution Control Program website on November 1, 2012, and closed on December 13, 2012, seven (7) days after the public hearing.

 The public comment period for 10 CSR 10-6.191 began when it was published in the Missouri Register on October 1, 2012 and closed on December 13, 2012.

 The public hearing on the state rulemaking and 111(d)/129 plan will be held on December 6, 2012, beginning at 9:00 am at the Elm Street Conference Center, in Bennett Springs Conference Room, 1730 East Elm Street, Jefferson City, MO 65101.

 Notice of availability of the state rulemaking and 111( d) plan was posted on the Department of Natural Resources’ Ai r Pollution Control Program website on November 2, 2012: http://dnr.mo.gov/env/ap cp/public-notices.htm

A screenshot of the online public notice with date stamp is included in Appendix E.

XII. 

### State Progress Reports to EPA.

A semi-annual report must be submitted by th e Air Program to the EPA regarding the progress of implementation and enforcement of the emission guidelines. Progress reports will include compliance status, enforcement actions, increments of progress,

identification of sources that have shut down or started operation, emission inventory

information for sources that have starte d operation, emission inventory and compliance information, and copies of technical reports on all performance te sting and monitoring, including concurrent process data.



### XIII. Final Compliance Date.

All applicable sources identified in the sour ce inventory are subject to the state plan and must be in compliance no later than th e earlier of the following dates: three years after the effective date of state plan approval or March 21, 2016.9 

# APPENDIX A10 

### 40 CFR 60.5000, Subpart MMMM Emission Guidelines and Compliance Times for Existing Se wage Sludge Incineration Units

Referencing 76 FR 15372 (as promulgated March 21, 2011)

INTRODUCTION

60.5000 What is the purpose of this subpart? This subpart establishes emission guidelines and compliance schedules for the control of emissions from sewage sludge incineration ( SSI) units. The pollutants addressed by these emission guidelines are listed in Tables 2 a nd 3 to this subpart. These emission guidelines are developed in accordance with sections 111(d) and 129 of the Clean Air Act and subpart B of this part. To the extent any requi rement of this subpart is inconsistent with the requirements of subpart A of this part, the requirements of this subpart will apply.

60.5005 Am I affected by this subpart? (a) If you are the Administrator of an air qua lity program in a state or United States protectorate with one or more SSI units that commenced construction on or before October 14, 2010, you must submit a state plan to U.S. Environmental Protection Agency (EPA) that implements the emission gui delines contained in this subpart. (b) You must submit the state plan to EPA by March 21, 2012.

60.5010 Is a state plan required for all states? No. You are not required to submit a state plan if there are no SSI units for which construction commenced on or before October 14, 2010 in your state, and you submit a negative declaration letter in place of the state plan.

60.5015 What must I include in my state plan? (a) You must include the nine items descri bed in paragraphs (a)(1) through (a)(9) of this section in your state plan. (1) Inventory of affected SSI units, includ ing those that have ceased operation but

have not been dismantled. (2) Inventory of emissions from af fected SSI units in your state. (3) Compliance schedules for each affected SSI unit. (4) Emission limits, emission standards, operator training and qualification requirements, and operating limits for affected SSI units that are at least as protective as the emission guidelines c ontained in this subpart. (5) Performance testing, recordk eeping, and reporting requirements. (6) Certification that the hearing on the st ate plan was held, a list of witnesses and their organizational affiliati ons, if any, appearing at the hearing, and a brief written summary of each presentation or written submission. (7) Provision for state pr ogress reports to EPA. (8) Identification of enforceable state mech anisms that you selected for implementing the emission guidelines of this subpart. (9) Demonstration of your state’s legal aut hority to carry out the sections 111(d) and 129 state plan.11 (b) Your state plan may deviate from the format and content of the emission guidelines contained in this s ubpart. However, if your state pl an does deviate in content, you must demonstrate that your state plan is at least as protective as the emission guidelines contained in this subpart. Y our state plan must address regulatory applicability, incremen ts of progress for retrofit, ope rator training a nd qualification, emission limits and standards, performa nce testing, operating limits, monitoring, and recordkeeping and reporting. (c) You must follow the requirements of subpart B of this part (Adoption and Submittal of state plans for Designate d Facilities) in your state plan.

60.5020 Is there an approval process for my state plan? Yes. The EPA will review your state plan according to § 60.27.

60.5025 What if my state plan is not approvable? If you do not submit an approvable state plan (or a negative declar ation letter) by March 21, 2013, EPA will develop a Federal plan according to § 60.27 to implement the emission guidelines contained in this subpart . Owners and operators of SSI units not covered by an approved state plan must comply with the Federal plan. The Federal plan is an interim action and will be automatically wi thdrawn when your state plan is approved.

60.5030 Is there an approval process for a negative declaration letter? No. The EPA has no formal review process for negative declarati on letters. Once your negative declaration letter has been recei ved, EPA will place a copy in the public docket and publish a notice in the FEDERAL REGISTER. If, at a later date, a SSI unit for which

construction commenced on or before Oct ober 14, 2010 is found in your state, the Federal plan implementing the emission guide lines contained in this subpart would automatically apply to that SSI unit until your state plan is approved.

60.5035 What compliance schedule must I include in my state plan? (a) For SSI units that commenced constr uction on or before October 14, 2010, your state plan must include compliance schedules that require SSI units to achieve final compliance as expeditiously as practicable af ter approval of the state plan but not later than the earlier of the two dates specified in paragraphs (a)(1) and (a)( 2) of this section. (1) March 21, 2016. (2) Three years after the effectiv e date of state plan approval. (b) For compliance schedules that extend more than 1 year following the effective date of state plan approval, state plans must include dates for enforceable increments of progress as specified in § 60.5090.

60.5040 Are there any state plan requirements fo r this subpart that apply instead of the requirements specified in subpart B? Yes. Subpart B establishes general requireme nts for developing and processing section 111(d) state plans. This subpart applies instead of the requirements in subpart B of this part, as specified in paragraphs (a) and (b) of this section: (a) State plans developed to implement this subpart must be as protective as the emission guidelines contained in this subpart. State plans must requ ire all SSI units to12 comply by the dates specified in § 60.5035. This applies instead of the option for caseby-case less stringent emission standards and longer compliance schedules in § 60.24(f). (b) State plans developed to implement th is subpart are required to include two increments of progress for the affected SSI units. These two minimum increments are the final control plan submittal date and final co mpliance date in § 60.21(h)(1) and (5). This applies instead of the requirement of § 60.24( e)(1) that would requi re a state plan to

include all five increments of progress for all SSI units.

60.5045 In lieu of a state plan submittal, are there other accepta ble option(s) for a

state to meet its section 111(d)/129 (b)(2) obligations? Yes, a state may meet its Clean Air Act section 111(d)/129 obligations by submitting an acceptable written request for delegation of th e Federal plan that meets the requirements

of this section. This is the only other option for a stat e to meet its section 111(d)/129 obligations. (a) An acceptable Federal plan delegation request must include the following: (1) A demonstration of adequate resources and legal authority to administer and enforce the Federal plan. (2) The items under § 60.5015(a)(1), (a)(2), and (a)(7). (3) Certification that the hearing on the state delegation request, similar to the hearing for a state plan submittal, was held, a list of witnesses and their organizational affiliations, if any, appearing at the hear ing, and a brief written summary of each presentation or written submission. (4) A commitment to enter into a Memo randum of Agreement with the Regional Administrator that sets forth the terms, c onditions, and effective date of the delegation

and that serves as the mechanism for the tr ansfer of authority. Additional guidance and information is given in EPA’s Delega tion Manual, Item 7–139, Implementation and Enforcement of 111(d)(2) and 111(d) /(2)/129 (b)(3) Federal plans. (b) A state with an already approved SSI Clean Air Act section 111(d)/129 state plan is not precluded from receiving EPA approva l of a delegation request for the revised Federal plan, provided the require ments of paragraph (a) of th is section are met, and at the time of the delegation reque st, the state also requests wi thdrawal of EPA’s previous state plan approval. (c) A state’s Clean Air Act section 111(d) /129 obligations are separate from its obligations under title V of the Clean Air Act.

60.5050 What authorities will not be delegated to state, local, or tribal agencies?

The authorities that will not be delegated to state, local, or tribal agencies are specified in paragraphs (a) through (g ) of this section. (a) Approval of alternatives to the emission limits and standards in Tables 2 and 3 to this subpart and operating limits established under § 60.5175 or § 60.5190. (b) Approval of major altern atives to test methods. (c) Approval of major alternatives to monitoring. (d) Approval of major alternatives to recordkeeping and reporting. (e) The requirements in § 60.5175. (f) The requirements in § 60.5155(b)(2). (g) Performance test and data reduction waivers under § 60.8(b).13 60.5055 Does this subpart directly affect SSI unit owners and operators in my state? (a) No. This subpart does not directly aff ect SSI unit owners and operators in your state. However, SSI unit owners and operato rs must comply with the state plan you develop to implement the emission guideline s contained in this subpart. States may choose to incorporate the model rule text directly in their state plan. (b) If you do not submit an approvable plan to implement and enforce the guidelines contained in this subpart by March 21, 2012, EPA will implement and enforce a Federal plan, as provided in § 60.5025, to ensure that each unit within your state that commenced construction on or before October 14, 2010 reac hes compliance with a ll the provisions of this subpart by the dates specified in § 60.5035.

APPLICABILITY OF STATE PLANS

60.5060 What SSI units must I address in my state plan? (a) Your state plan must address SSI units that meet all three criteria described in paragraphs (a)(1) through (3) of this section. (1) SSI units in your state that commen ced construction on or before October 14,

2010. (2) SSI units that meet the definiti on of a SSI unit as defined in § 60.5250. (3) SSI units not exempt under § 60.5065. (b) If the owner or operator of a SSI unit makes changes that meet the definition of modification after September 21, 2011, the SSI unit becomes subject to subpart LLLL of this part and the state plan no longer applies to that unit. (c) If the owner or operator of a SSI unit makes physical or operational changes to a

SSI unit for which construction commenced on or before September 21, 2011 primarily to comply with your state plan, subpart LLLL of this part does not apply to that unit. Such changes do not qualify as modificati ons under subpart LLLL of this part.

60.5065 What SSI units are exempt from my state plan? This subpart exempts combusti on units that incinerate sewa ge sludge and are not located

at a wastewater treatment fac ility designed to treat domes tic sewage sludge. These units may be subject to another subpart of this part (e.g., subpart CCCC of this part). The owner or operator of such a combustion unit must notify the Administrator of an exemption claim under this section.

USE OF MODEL RULE

60.5070 What is the ‘‘model rule’’ in this subpart? (a) The model rule is the portion of these emission guidelines (§§ 60.5085 through 60.5250) that addresses the regulatory requireme nts applicable to SSI units. The model rule provides these requirements in regulation format. You must devel op a state plan that is at least as protective as the model rule. Y ou may use the model rule language as part of your state plan. Alternative language may be us ed in your state plan if you demonstrate that the alternative language is at least as pr otective as the model ru le contained in this subpart.14 (b) In the model rule of §§ 60.5085 through 60.5250, ‘‘you’’ and ‘‘Administrator’’ have the meaning specified in § 60.5250.

60.5075 How does the model rule relate to th e required elements of my state plan? Use the model rule to satisfy the state pl an requirements specified in § 60.5015(a)(3) through (a)(5).

60.5080 What are the principal comp onents of the model rule? The model rule contains the nine major compone nts listed in paragra phs (a) through (i) of

this section. (a) Increments of progress toward compliance. (b) Operator training and qualification. (c) Emission limits, emission standards, and operating limits. (d) Initial compliance requirements. (e) Continuous compliance requirements. (f) Performance testing, monitoring, and calibration requirements. (g) Recordkeeping and reporting. (h) Definitions. (i) Tables.

MODEL RULE—INCREMENTS OF PROGRESS

60.5085 What are my requirements for me eting increments of progress and achieving final compliance? If you plan to achieve compliance more than 1 year following the effective date of state plan approval, you must meet the two incremen ts of progress specified in paragraphs (a) and (b) of this section. (a) Submit a final control plan. (b) Achieve final compliance.

60.5090 When must I complete each increment of progress? Table 1 to this subpart specifies complianc e dates for each incr ement of progress.

60.5095 What must I include in the notificati ons of achievement of increments of progress?

Your notification of achievement of incremen ts of progress must include the three items specified in paragraphs (a) through (c) of this section. (a) Notification that the incremen t of progress has been achieved. (b) Any items required to be submitte d with each increment of progress. (c) Signature of the owner or operator of the SSI unit.

60.5100 When must I submit the notification s of achievement of increments of progress?15 Notifications for achieving increments of progr ess must be postmarked no later than 10 business days after the compliance date for the increment.

60.5105 What if I do not meet an increment of progress? If you fail to meet an increment of progr ess, you must submit a notification to the Administrator postmarked within 10 business da ys after the date for that increment of progress in Table 1 to this subpart. You must inform the Administrator that you did not meet the increment, and you must continue to submit reports each subsequent calendar month until the increment of progress is met.

60.5110 How do I comply with the increment of progress for submittal of a control plan? For your control plan increment of progress, you must satisfy the two requirements specified in paragraphs (a) and (b) of this section. (a) Submit the final control plan that include s the four items described in paragraphs (a)(1) through (a)(4) of this section. (1) A description of the devices for ai r pollution control and process changes that you will use to comply with the emission limits and standards and other requirements of this subpart. (2) The type(s) of waste to be burned, if waste other than sewage sludge is

burned in the unit. (3) The maximum design sewage sludge burning capacity. (4) If applicable, the petition for s ite-specific operating limits under Sec.

60.5175. (b) Maintain an onsite copy of the final control plan.

60.5115 How do I comply with the incremen t of progress for achieving final compliance? For the final compliance increment of progre ss, you must complete all process changes and retrofit construction of control devices, as specified in the final control plan, so that, if the affected SSI unit is brought online, al l necessary process ch anges and air pollution control devices would operate as designed.

60.5120 What must I do if I close my SSI unit and then restart it? (a) If you close your SSI unit but will restart it prior to the final compliance date in your state plan, you must meet the increm ents of progress specified in Sec.

60.5085. (b) If you close your SSI unit but will rest art it after your fina l compliance date, you must complete emission control retrof its and meet the emission limits, emission standards, and operating limits on th e date your unit restarts operation.

60.5125 What must I do if I plan to permanently close my SSI unit and not restart

it? If you plan to close your SSI unit rather than comply with the state plan, submit a closure notification, including th e date of closure, to the Admi nistrator by the date your final control plan is due.16 MODEL RULE—OPERATOR TRAINING AND QUALIFICATION

60.5130 What are the operator training and qualification requirements? (a) A 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. The trained and qualified SSI unit operator may operate the SSI unit directly or be the direct supervisor of one or more ot her plant personnel who operate the unit. If all qualified SSI unit operato rs are temporarily not accessible, you must follow the procedures in Sec. 60.5155. (b) Operator training and qu alification must be obtained through a state-approved program or by completing the requirements included in paragraph (c) of this

section. (c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (c)(3) of this section. (1) Training on the 10 subjects listed in paragraphs (c)(1)( i) through (c)(1)(x)

of this section. (i) Environmental concerns, in cluding types of emissions. (ii) Basic combustion principles , including products of combustion. (iii) Operation of the specific type of incinerator to be used by the operator, including proper star tup, sewage sludge feeding, and shutdown procedures. (iv) Combustion contro ls and monitoring. (v) Operation of air pollution cont rol equipment and factors affecting performance (if applicable). (vi) Inspection and maintenance of the incinerator and air pollution

control devices. (vii) Actions to prevent malfunctions or to prevent conditions that may

lead to malfunctions. (viii) Bottom and fly ash characte ristics and handling procedures. (ix) Applicable Federal, State, and local regulations, including Occupational Safety and Hea lth Administration workplace

standards. (x) Pollution prevention. (2) An examination designed and ad ministered by the state-approved

program. (3) Written material covering the training course topics that may serve as

reference material followi ng completion of the course.

60.5135 When must the operator training course be completed? The operator training course must be completed by the later of the three dates specified in paragraphs (a) through (c ) of this section. (a) The final compliance date (Increment 2). (b) Six months after your SSI unit startup.17 (c) Six months after an employee assumes responsibility for operating the SSI unit or assumes responsibility for supervis ing the operation of the SSI unit.

60.5140 How do I obtain my operator qualification? (a) You must obtain operator qualificati on by completing a training course that

satisfies the criteria under Sec. 60.5130(b). (b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under Sec. 60.5130(c)(2).

60.5145 How do I maintain my operator qualification? To maintain qualification, you must complete an annual review or refresher course covering, at a minimum, the five topics described in paragrap hs (a) through (e) of this

section. (a) Update of regulations. (b) Incinerator operation, incl uding startup and shutdown procedures, sewage sludge feeding, and ash handling. (c) Inspection and maintenance. (d) Prevention of malfunctions or condi tions that may lead to malfunction. (e) Discussion of operating probl ems encountered by attendees.

60.5150 How do I renew my lapsed operator qualification? You must renew a lapsed operator qualifica tion before you begin operation of a SSI unit by one of the two methods specified in pa ragraphs (a) and (b ) of this section. (a) For a lapse of less than 3 years, you mu st complete a standard annual refresher

course described in Sec. 60.5145. (b) For a lapse of 3 years or more, you must repeat the in itial qualification requirements in Sec. 60.5140(a).

60.5155 What if all the qualified operators are temporarily not accessible? If a qualified operator is not at the facility and cannot be at the facility within 1 hour, you must meet the criteria specified in either pa ragraph (a) or (b) of th is section, depending on the length of time that a qualified operator is not accessible. (a) When a qualified operator is not accessibl e for more than 8 hours, the SSI unit may be operated for less than 2 weeks by other plant personnel who are familiar with the operation of the SSI unit and who have completed a review of the information specified in Sec. 60.5160 w ithin the past 12 months. However, you must record the period when a qualified operator was not accessible and include this deviation in the annual report as specified under Sec. 60.5235(d). (b) When a qualified operator is not accessi ble for 2 weeks or more, you must take the two actions that are described in paragr aphs (b)(1) and (b)(2) of this section. (1) Notify the Administrator of this devia tion in writing within 10 days. In the notice, state what caused this devia tion, what you are doing to ensure that a qualified operator is accessible, an d when you anticipate that a qualified operator will be accessible.18 (2) Submit a status report to the Admi nistrator every 4 weeks outlining what you are doing to ensure that a qualif ied operator is accessible, stating when you anticipate that a qualified op erator will be accessible, and requesting approval from the Administ rator to continue operation of the

SSI unit. You must submit the first st atus report 4 weeks after you notify

the Administrator of the deviation under paragraph (b)(1) of this section. (i) If the Administrator notifies you that your request to continue operation of the SSI unit is disapproved, the SSI unit may continue operation for 30 days, and then must cease operation. (ii) Operation of the unit may re sume if a qualified operator is accessible as required under Sec. 60.5130(a). You must notify the Administrator within 5 days of having resumed operations and of having a qualified operator accessible.

60.5160 What site-specific documentation is required and how often must it be reviewed by qualified operators and plant personnel? (a) You must maintain at the facility the documentation of the operator training procedures specified under Sec. 60.5230(c)(1) and make the documentation readily accessible to all SSI unit operators. (b) You must establish a program for revi ewing the information listed in Sec. 60.5230(c)(1) with each qualifie d incinerator operator and other plant personnel who may operate the unit according to the provisions of Sec. 60.5155(a), according to the following schedule: (1) The initial review of the informa tion listed in Sec. 60.5230(c)(1) must be

conducted within 6 months after the eff ective date of this subpart or prior to an employee's assumption of resp onsibilities for ope ration of the SSI unit, whichever date is later. (2) Subsequent annual reviews of the in formation listed in Sec. 60.5230(c)(1)

must be conducted no later than 12 m onths following the previous review.

MODEL RULE—EMISSION LIMITS , EMISSION STANDARDS, AND OPERATING LIMITS AND REQUIREMENTS

60.5165 What emission limits and standa rds must I meet and by when?

You must meet the emission limits and standards specified in Ta ble 2 or 3 to this subpart by the final compliance date under the approved state plan, Federal plan, or delegation, as applicable. The emission limits and standards apply at all times th e unit is operating and during periods of malfunction. The emission limits and standards apply to emissions from a bypass stack or vent while sewage sludge is in the combustion chamber (i.e., until the sewage sludge feed to the combustor has b een cut off for a period of time not less than the sewage sludge incineration residence time).

60.5170 What operating limits and requirem ents must I meet and by when? You must meet, as applicable, the operat ing limits and requirements specified in paragraphs (a) through (d) and (h) of this sect ion, according to the schedule specified in paragraph (e) of this section. The operati ng parameters for which you will establish19 operating limits for a wet scrubber, fabric filt er, electrostatic precipitator, or activated carbon injection are listed in Table 4 to this subpart. You must comply with the operating requirements in paragraph (f) of this section a nd the requirements in paragraph (g) of this section for meeting any new operating limits , re-established in Sec. 60.5210. The operating limits apply at all times that sewage sludge is in the combustion chamber (i.e., until the sewage sludge feed to the combusto r has been cut off for a period of time not less than the sewage sludge incineration residence time).

(a) You must meet a site-specific operati ng limit for minimum operating temperature

of the combustion chambe r (or afterburner combus tion chamber) that you

establish in Sec. 60.5190. (b) If you use a wet scrubber, electrostatic precipitator, activated carbon injection, or afterburner to comply with an emissi on limit, you must meet the site-specific operating limits that you establish in Sec. 60.5190 for each operating parameter associated with each air pollution control device. (c) If you use a fabric filter to comply with the emission limits, you must install the bag leak detection system specified in Sec. Sec. 60.5200(b) and 60.5225(b)(3)(i) and operate the bag leak de tection system such that the alarm does not sound more than 5 percent of the operating time during a 6-month period. You must calculate the alarm time as speci fied in Sec. 0.5210(a)(2)(i). (d) You must meet the operating requirement s in your site-specific fugitive emission monitoring plan, submitted as specified in Sec. 60.5200(d) to ensure that your ash handling system will meet the emission st andard for fugitive emissions from ash handling. (e) You must meet the operati ng limits and requirements specified in paragraphs (a) through (d) of this section by the final compliance date under the approved state plan, Federal plan, or de legation, as applicable. (f) You must monitor the feed rate and moisture content of the sewage sludge fed to the sewage sludge incinerator, as specifie d in paragraphs (f)(1) and (f)(2) of this

section. (1) Continuously monitor the sewage slu dge feed rate and calculate a daily average for all hours of operation du ring each 24-hour period. Keep a record of the daily average feed rate, as specified in Sec. 60.5230(f)(3)(ii). (2) Take at least one grab sample per day of the sewage sludge fed to the sewage sludge incinerator. If you take more than one grab sample in a day, calculate the daily average for the grab samples. Keep a record of the daily average moisture content, as spec ified in Sec. 60.5230(f)(3)(ii). (g) For the operating limits and requirements specified in paragraphs (a) through (d) and (h) of this section, y ou must meet any new operating limits and requirements, re-established according to Sec. 60.5210(d). (h) If you use an air pollution control device other than a wet scrubber, fabric filter, electrostatic precipitator, or activated carbon injec tion to comply with the

emission limits in Table 2 or 3 to this subpart, you must meet any site-specific operating limits or requirements that you establish as require d in Sec. 60.5175.20 60.5175 How do I establish operating limits if I do not use a wet scrubber, fabric filter, electrostatic precipitat or, activated carbon injection, or afterburner, or if I limit emissions in some other manner, to comply with the emission limits? If you use an air pollution control device ot her than a wet scrubber, fabric filter, electrostatic precipitator, activ ated carbon injection, or afterb urner, or limit emissions in

some other manner (e.g., materials balance) to comply with the emission limits in Sec. 60.5165, you must meet the requirements in paragra phs (a) and (b) of this section. (a) Meet the applicable operating limits and requirements in Sec. 60.4850, and establish applicable operating limits according to Sec. 60.5190. (b) Petition the Administrator for specifi c operating parameters, operating limits, and averaging periods to be esta blished during the in itial performance test and to be monitored continuously thereafter. (1) You are responsible for submitting any supporting information in a timely

manner to enable the Administrator to consider the application prior to the performance test. You must not conduc t the initial performance test until after the petition has been approved by the Administrator, and you must comply with the operating limits as written, pending approval by the Administrator. Neither submittal of an application, nor the Administrator's failure to approve or disapprove the application relieves you of the responsibility to comply with any provision of this subpart. (2) Your petition must include the five items listed in pa ragraphs (b)(2)(i) through (b)(2)(v) of this section. (i) Identification of the specific parameters you propose to monitor. (ii) A discussion of the relations hip between these parameters and emissions of regulated pollutant s, identifying ho w emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants. (iii) A discussion of how you will establish the upper and/or lower values for these parameters that will establish the operating limits on these parameters, including a discussion of the averaging periods associated with thos e parameters for determining compliance. (iv) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and

instruments. (v) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these

parameters.

60.5180 Do the emission limits, emission standards, and operating limits apply during periods of startup, shutdown, and malfunction?21 The emission limits and standards apply at all times and during pe riods of malfunction. The operating limits apply at all times that sewage sludge is in the combustion chamber (i.e., until the sewage sludge feed to the combustor has been cut off for a period of time not less than the sewage sludge incineration residence time). For determining compliance with the CO concentration limit using CO CEMS, the correction to 7 percent oxygen does not apply during periods of start up or shutdown. Use the measured CO

concentration without correc ting for oxygen concentration in averaging with other CO concentrations (corrected to 7 percent O2 ) to determine the 24-hour average value.

60.5181 How do I establish an affirmative de fense for exceedance of an emission limit or standard during malfunction? In response to an action to enforce the numerical emission standards set forth in paragraph Sec. 60.5165, you may assert an a ffirmative defense to a claim for civil penalties for exceedances of emission limits th at are caused by malfunction, as defined in Sec. 60.2. Appropriate penalties may be a ssessed however, if you fail to meet your burden of proving all of the requirements in the affirmative defense. The affirmative

defense shall not be available fo r claims for injunctive relief. (a) To establish the affirmative defense in any action to enforce such a limit, you must timely meet the notification requirem ents in paragraph (b) of this section, and must prove by a preponderance of evid ence that the conditions in paragraphs (a)(1) through (a)(9) of this section are met. (1) The excess emissions: (i) Were caused by a sudden, infre quent, and unavoidable failure of air pollution control and m onitoring equipment, process equipment, or a process to opera te in a normal or usual manner,

and (ii) Could not have been prevente d through careful planning, proper design or better operation and maintenance practices, and (iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for, and (iv) Were not part of a recurri ng pattern indicative of inadequate design, operation, or maintenance, and (2) Repairs were made as expeditious ly as possible when the applicable emission limits were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs, and (3) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions, and (4) If the excess emissions resulted fr om a bypass of control equipment or a process, then the bypass was unavoidabl e to prevent loss of life, personal injury, or severe property damage, and (5) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment and human health, and (6) All emissions monitoring and control sy stems were kept in operation if at all possible consistent with safety and good air pollution control practices,

and22 (7) All of the actions in response to the excess emissions were documented by properly signed, contemporan eous operating logs, and (8) At all times, the affected facility was operated in a manner consistent with good practices for minimizing emissions, and (9) A written root cause analysis has been prepared the purpose of which is to determine, correct, and eliminate th e primary causes of the malfunction and the excess emissions resulting fro m the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of ex cess emissions that were the result

of the malfunction. (b) The owner or operator of the SSI unit experiencing an exceedance of its emission limit(s) during a malfunc tion, shall notify the Administrator by telephone or facsimile (fax) transmission as soon as po ssible, but no later than 2 business days

after the initial occu rrence of the malfuncti on, if it wishes to avail itself of an affirmative defense to civil penalties fo r that malfunction. The owner or operator seeking to assert an affirmative defense shall also submit a written report to the Administrator within 45 days of the init ial occurrence of the exceedance of the

standard in Sec. 60.5165 to demonstr ate, with all necessary supporting documentation, that it has met the requirement s set forth in paragraph (a) of this section. The owner or operator may seek an extension of this deadline for up to 30 additional days by submitting a written re quest to the Administrator before the expiration of the 45 day period. Until a request for an extension has been approved by the Administrator, the ow ner or operator is subject to the requirement to submit such report within 45 days of the initial occurrence of the

exceedance.

MODEL RULE—INITIAL COMPLIANCE REQUIREMENTS

60.5185 How and when do I demonstrate initial compliance with the emission limits

and standards? To demonstrate initial compliance with the em ission limits and standards in Table 2 or 3 to this subpart, use the procedur es specified in paragraph (a) of this section. In lieu of using the procedures specified in paragraph (a) of this section, you have the option to demonstrate initial compliance using the proce dures specified in paragraph (b) of this section for particulate matter, hydrogen chlo ride, carbon monoxide, di oxins/furans (total mass basis or toxic equivalency basis), me rcury, nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive emissions from ash handling. You must meet the requirements of paragraphs (a) and (b) of this section, as applicable , and paragraphs (c) through (e) of this section, according to the performance testing, monitoring, and calibration requirements in Sec. 60.5220(a) and (b). (a) Demonstrate initial compliance using th e performance test required in Sec. 60.8. You must demonstrate that your SSI unit meets the emission limits and standards specified in Table 2 or 3 to this subpart for particulate matter, hydrogen chloride, carbon monoxide, dioxins/fura ns (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive emissions from ash handling using the performance te st. The initial performance test must23 be conducted using the test methods, av eraging methods, and minimum sampling volumes or durations specified in Table 2 or 3 to this subpart and according to the testing, monitoring, and calibration requi rements specified in Sec. 60.5220(a). (1) Except as provided in paragraph (e) of this section, you must demonstrate that your SSI unit meets the emission limits and standards specified in Table 2 or 3 to this subpart by your fi nal compliance date (see Table 1 to this subpart). (2) You may use the results from a pe rformance test conducted within the 2 previous years that was conducte d under the same conditions and demonstrated compliance with the emission limits and standards in Table 2 or 3 to this subpart, provided no pr ocess changes have been made since you conducted that performance test. Ho wever, you must continue to meet the operating limits established during the most recent performance test that demonstrated compliance with the emission limits and standards in Table 2 or 3 to this subpart. The perfor mance test must have used the test methods specified in Table 2 or 3 to this subpart. (b) Demonstrate initial compliance using a continuous emissions monitoring system or continuous automated sampling syst em. The option to use a continuous emissions monitoring system for hydrogen chloride, dioxins/furans, cadmium, or

lead takes effect on the date a final performance specification applicable to hydrogen chloride, dioxins/furans, cadmium, or lead is published in the Federal Register. The option to use a continuous automated sampling system for

dioxins/furans takes effect on the date a final performance specification for such a continuous automated sampling system is published in the Federal Register. Collect data as specified in Sec. 60.5 220(b)(6) and use the following procedures: (1) To demonstrate initial compliance with the emission limits specified in Table 2 or 3 to this subpart for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic equivalency basis), mercury, nitrogen oxides, sulf ur dioxide, cadmium, and lead, you may substitute the use of a conti nuous monitoring system in lieu of conducting the initial performance test re quired in paragraph (a) of this section, as follows: (i) You may substitute the use of a continuous emissions monitoring system for any pollutant specified in paragraph (b)(1) of this section in lieu of conducting the in itial performance test for that pollutant in paragraph (a) of this section. For determining compliance with the carbon monoxi de concentration limit using carbon monoxide CEMS, the correction to 7 percent oxygen does not apply during periods of start up or shutdown. Use the measured

carbon monoxide concentration without correcting for oxygen concentration in averagi ng with other carbon monoxide concentrations (corrected to 7 percent oxygen) to determine the 24- hour average value. (ii) You may substitute the use of a continuous automated sampling system for mercury or dioxins/furans in lieu of conducting the24 annual mercury or dioxin/furan performance test in paragraph (a)

of this section. (2) If you use a continuous emissions monitoring system to demonstrate compliance with an applicable emi ssion limit in Table 2 or 3 to this subpart, as described in paragraph (b)( 1) of this section, you must use the continuous emissions monitoring sy stem and follow the requirements specified in Sec. 60.5220(b). You must measure emissions according to

Sec. 60.13 to calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate initial compliance using a 24-hour block average of th ese 1-hour arithmetic average emission concentrations, calculated using E quation 19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A-7. (3) If you use a continuous automated sampling system to demonstrate compliance with an applicable emi ssion limit in Table 2 or 3 to this subpart, as described in paragraph (b)(1) of this section, you must: (i) Use the continuous automated sampling system specified in Sec. 60.58b(p) and (q), and measure a nd calculate average emissions corrected to 7 percent oxygen (or carbon dioxide) according to Sec. 60.58b(p) and your monitoring plan. (A) Use the procedures specified in Sec. 60.58b(p) to calculate 24-hour block averages to determine compliance with the mercury emission limit in Table 2 to this subpart. (B) Use the procedures specified in Sec. 60.58b(p) to calculate 2-week block averages to determine compliance with the dioxin/furan (total mass basis or toxic equivalency basis) emission limit in Table 2 to this subpart. (ii) Comply with the provisions in Sec. 60.58b(q) to develop a monitoring plan. For mercury continuous automated sampling systems, you must use Performan ce Specification 12B of appendix B of part 75 and Procedure 5 of appendix F of this part. (4) Except as provided in paragraph (e ) of this section, you must complete your initial performance evaluations required under your monitoring plan for any continuous emissions monitoring systems and continuous automated sampling systems by your final compliance date (see Table 1 to this subpart). Your performance evaluation must be conducted using the procedures and acceptance criteria specified in Sec. 60.5200(a)(3). (c) To demonstrate initial compliance with the dioxins/furans toxic equivalency

emission limit in Table 2 or 3 to this subpart, determine dioxins/furans toxic equivalency as follows: (1) Measure the concentration of each dioxin/furan tetra- through octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A-7. (2) Multiply the concentration of each dioxin/furan (tetra- through octachlorinated) isomer by its correspondi ng toxic equivalency factor specified in Table 5 to this subpart. (3) Sum the products calculated in accordance25 with paragraph (c)(2) of this section to obtain th e total concentration of dioxins/furans emitted in terms of toxic equivalency. (d) Submit an initial compliance repo rt, as specified in Sec. 60.5235(b). (e) If you demonstrate initial compliance us ing the performance test specified in paragraph (a) of this section, then the pr ovisions of this para graph (e) apply. If a force majeure is about to occur, occurs , or has occurred for which you intend to assert a claim of force majeure, you must notify the Administrator in writing as specified in Sec. 60.5235(g). You must conduct the initial performance test as soon as practicable after the force majeure occurs. The Administrator will determine whether or not to grant the ex tension to the initial performance test deadline, and will notify you in writing of approval or disapproval of the request for an extension as soon as practicable. Un til an extension of the performance test deadline has been approved by the Administ rator, you remain strictly subject to the requirements of this subpart.

60.5190 How do I establish my operating limits? (a) You must establish the site-specific oper ating limits specified in paragraphs (b) through (h) of this section or established in S ec. 60.5175, as applicable, during your initial performance te sts required in Sec. 60.5185. You must meet the requirements in Sec. 60.5210(d) to confir m these operating limits or re-establish new operating limits using operating data recorded during any performance tests or performance evaluations required in Sec. 60.5205. You must follow the data measurement and recording frequencies a nd data averaging times specified in Table 4 to this subpart or as establis hed in Sec. 60.5175, and you must follow the testing, monitoring, and calibration require ments specified in Sec. Sec. 60.5220

and 60.5225 or established in Sec. 60.5175. You are not required to establish operating limits for the operating parameters li sted in Table 4 to this subpart for a control device if you use a continuous monitoring system to demonstrate compliance with the emission limits in Table 2 or 3 to this subpart for the applicable pollutants, as follows: (1) For a scrubber designed to contro l emissions of hydrogen chloride or sulfur dioxide, you are not required to establish an operating limit and monitor scrubber liquid flow rate or scrubber liquid pH if you use the continuous monitoring system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for hydrogen chloride or sulfur dioxide. (2) For a scrubber designed to cont rol emissions of particulate matter, cadmium, and lead, you are not required to establish an operating limit and monitor pressure drop across the scrubbe r or scrubber liquid flow rate if you use the continuous monitoring system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for particulate matter, cadmium, and lead. (3) For an electrostatic precipitator designed to control emissions of particulate matter, cadmium, and lead, you are not required to establish an operating limit and monitor secondary voltage of the collection plates, secondary amperage of the collection plates, or efflue nt water flow rate at26 the outlet of the electrostatic pr ecipitator if you us e the continuous monitoring system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for particulate matter, lead, and cadmium. (4) For an activated carbon injection system designed to control emissions of mercury, you are not required to esta blish an operating limit and monitor sorbent injection rate and carrier gas flow rate (or carrier gas pressure drop) if you use the continuous monitori ng system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for mercury. (5) For an activated carbon injection system designed to control emissions of dioxins/furans, you are not required to establish an operating limit and monitor sorbent injection rate and carrier gas flow rate (or carrier gas pressure drop) if you use the continuous monitoring system specified in Sec. Sec. 60.4865(b) and 60.4885(b) to demonstrate compliance with the emission limit for dioxins/furans (tot al mass basis or toxic equivalency basis). (b) Minimum pressure drop across each wet scrubber used to meet the particulate matter, lead, and cadmium emission limits in Table 2 or 3 to this subpart, equal to the lowest 4-hour average pressure drop across each such wet scrubber measured during the most recent performance te st demonstrating compliance with the particulate matter, lead, and cadmium emission limits. (c) Minimum scrubber liquid flow rate (measur ed at the inlet to each wet scrubber), equal to the lowest 4-hour average liqui d flow rate measured during the most recent performance test demonstrating co mpliance with all applicable emission

limits. (d) Minimum scrubber liquid pH for each wet scrubber used to meet the sulfur dioxide or hydrogen chloride emission limits in Table 2 or 3 to this subpart, equal to the lowest 1-hour average scrubber li quid pH measured during the most recent performance test demonstrating complianc e with the sulfur dioxide and hydrogen

chloride emission limits. (e) Minimum combustion chamber operating temperature (or minimum afterburner temperature), equal to the lowest 4-h our average combustion chamber operating temperature (or afterburner temperatur e) measured during the most recent performance test demonstrating compliance with all applicable emission limits. (f) Minimum power input to th e electrostatic preci pitator colle ction plates, equal to the lowest 4-hour average secondary elec tric power measured during the most recent performance test demonstrating co mpliance with the particulate matter, lead, and cadmium emission limits. Power i nput must be calculated as the product of the secondary voltage and secondary ampe rage to the electrostatic precipitator collection plates. Both the secondary voltage and sec ondary amperage must be recorded during the performance test. (g) Minimum effluent water fl ow rate at the outlet of the electrostatic precipitator, equal to the lowest 4-hour average effluent water flow rate at the outlet of the electrostatic precipitator measured duri ng the most recent performance test27 demonstrating compliance with the pa rticulate matter, lead, and cadmium

emission limits. (h) For activated carbon injec tion, establish the site-speci fic operating limits specified in paragraphs (h)(1) through (h)(3) of this section. (1) Minimum mercury sorbent injecti on rate, equal to the lowest 4-hour average mercury sorbent injection rate measured during the most recent performance test demonstrating compliance with the mercury emission

limit. (2) Minimum dioxin/furan sorbent inject ion rate, equal to the lowest 4-hour average dioxin/furan sorbent inject ion rate measured during the most recent performance test demonstrati ng compliance with the dioxin/furan (total mass basis or toxic equi valency basis) emission limit. (3) Minimum carrier gas flow rate or minimum carrier gas pressure drop, as

follows: (i) Minimum carrier gas flow rate, equal to the lowe st 4-hour average carrier gas flow rate measured during the most recent performance test demonstrating compliance with the applicable emission limit. (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour average carrier gas flow rate m easured during the most recent performance test demonstrating compliance with the applicable

emission limit.

60.5195 By what date must I conduct the initial air pollution control device inspection and make any necessary repairs? (a) You must conduct an air pollution contro l device inspection according to Sec. 60.5220(c) by the final compliance date under the approved state plan, Federal plan, or delegation, as applicable. For air pollution control devi ces installed after the final compliance date, you must conduc t the air pollution control device inspection within 60 days after in stallation of the control device. (b) Within 10 operating days following th e air pollution contro l device inspection under paragraph (a) of this section, all n ecessary repairs must be completed unless you obtain written approval from the Admi nistrator establishing a date whereby all necessary repairs of the SSI unit must be completed.

60.5200 How do I develop a site-specific monitoring plan for my continuous monitoring, bag leak detection, and ash ha ndling systems, and by what date must I conduct an initial performance evaluation? You must develop and submit to the Administra tor for approval a site-specific monitoring plan for each continuous monitoring system re quired under this subpart, according to the requirements in paragraphs (a) through (c) of this section. This requirement also applies to you if you petition the Administrator for a lternative monitoring parameters under Sec. 60.13(i) and paragraph (e) of this section. If you use a continuous automated sampling system to comply with the mercury or dioxin/ furan (total mass basis or toxic equivalency basis) emission limits, you must develop your monitoring plan as specified in Sec. 60.58b(q), and you are not required to meet the requirements in paragraphs (a) and (b) of

this section. You must also submit a site-specific monitori ng plan for your ash handling28 system, as specified in paragraph (d) of th is section. You must submit and update your monitoring plans as specified in paragr aphs (f) through (h) of this section. (a) For each continuous monitoring system, your monitoring plan must address the elements and requirements specified in pa ragraphs (a)(1) th rough (a)(8) of this section. You must operate and maintain the continuous monitoring system in continuous operation according to th e site-specific monitoring plan. (1) Installation of the c ontinuous monitoring system sampling probe or other

interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).

(2) Performance and equipment specific ations for the sample interface, the pollutant concentration or parametr ic signal analyzer and the data collection and reduction systems. (3) Performance evaluation proce dures and acceptan ce criteria (e.g., calibrations). (i) For continuous emissions monitoring systems, your performance evaluation and acceptance criteria mu st include, but is not limited to, the following: (A) The applicable requirements for continuous emissions monitoring systems specified in Sec. 60.13. (B) The applicable performance specifications (e.g., relative accuracy tests) in appendix B of this part. (C) The applicable procedur es (e.g., quarterly accuracy determinations and daily calibra tion drift tests) in appendix F of this part. (D) A discussion of how the o ccurrence and duration of out-ofcontrol periods will affect th e suitability of CEMS data, where out-of-control has the meaning given in section (a)(7)(i) of this section. (ii) For continuous parameter monitoring systems, your performance evaluation and acceptance criteria mu st include, but is not limited to, the following: (A) If you have an operating lim it that requires the use of a flow monitoring system, you must meet the requirements in paragraphs (a)(3)(ii)(A)(1) th rough (4) of this section. (1) Install the flow sensor and other necessary equipment in a position that provides a representative flow. (2) Use a flow sensor with a measurement sensitivity of no greater than 2 percent of the expected process

flow rate. (3) Minimize the effects of swirling flow or abnormal velocity distributions due to upstream and

downstream disturbances.29 (4) Conduct a flow monitoring system performance evaluation in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (B) If you have an operating lim it that requires the use of a pressure monitoring system, you must meet the requirements in paragraphs (a )(3)(ii)(B)(1) through (6) of

this section. (1) Install the pressure se nsor(s) in a position that provides a representative measurement of the pressure (e.g., particulat e matter scrubber pressure drop). (2) Minimize or eliminate pulsating pressure, vibration,

and internal and external corrosion. (3) Use a pressure sensor with a minimum tolerance of

1.27 centimeters of water or a minimum tolerance of 1 percent of the pressure monitoring system operating range, whichever is less. (4) Perform checks at least once each process operating day to ensure pressure measurements are not obstructed (e.g., check for pressure tap pluggage daily). (5) Conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (6) If at any time the measured pressure exceeds the manufacturer's specified maximum operating pressure range, conduct a performance evaluation of the pressure monitoring system in accordance with your monitoring plan and confirm that the pressure monitoring system continues to meet the performance requirements in your monitoring plan. Alternatively, install and verify the operation of a

new pressure sensor. (C) If you have an operating limit that requires a pH monitoring system, you must meet the re quirements in paragraphs (a)(3)(ii)(C)(1) through (4 ) of this section. (1) Install the pH sensor in a position that provides a representative measurement of scrubber effluent pH. (2) Ensure the sample is properly mixed and representative of the fluid to be measured. (3) Conduct a performance evaluation of the pH monitoring system in accordance with your30 monitoring plan at least once each process operating day.(4) Conduct a performance evaluation (including a twopoint calibration with one of the two buffer solutions having a pH w ithin 1 of the operating limit pH level) of the pH monitoring system in accordance with your monitori ng plan at the time of each performance test but no less frequently than quarterly. (D) If you have an operating lim it that requires the use of a temperature measurement de vice, you must meet the requirements in paragraphs (a )(3)(ii)(D)(1) through (4) of

this section. (1) Install the temperature sensor and other necessary equipment in a position that provides a representative temperature. (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees Celsius (5 de grees Fahrenheit), or 1.0 percent of the temperature value, whichever is larger, for a non-cryogenic temperature range. (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees Celsius (5 de grees Fahrenheit), or 2.5 percent of the temperature value, whichever is larger, for a cryogenic temperature range. (4) Conduct a temperature measurement device performance evaluation at the time of each performance test but no less frequently than annually. (E) If you have an operating lim it that requires a secondary electric power monitoring system for an electrostatic precipitator, you must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of this section. (1) Install sensors to measure (secondary) voltage and current to the electrostatic precipitator collection plates. (2) Conduct a performance ev aluation of the electric power monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (F) If you have an operating lim it that requires the use of a monitoring system to measure sorbent inject ion rate (e.g., weigh belt, weigh hopper, or hopper flow measurement device), you must meet the requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.31 (1) Install the system in a position(s) that provides a representative measurement of the total sorbent injection rate. (2) Conduct a performance evaluation of the sorbent injection rate monitoring system in accordance with your monitoring plan at the time of each performance test but no less frequently than annually. (4) Ongoing operation and maintenance procedures in accordance with the general requirements of Sec. 60.11(d). (5) Ongoing data quality assurance proce dures in accordance with the general requirements of Sec. 60.13. (6) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of Sec. 60.7(b), (c ), (c)(1), (c)(4), (d), (e), (f) and (g). (7) Provisions for periods when the co ntinuous monitoring system is out of control, as follows: (i) A continuous monitoring system is out of control if the conditions of paragraph (a)(7)(i)(A) or (a)(7) (i)(B) of this section are met.(A) The zero (low-level), mid-level (if applicable), or highlevel calibration dr ift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard. (B) The continuous monitoring system fails a performance test audit (e.g., cylinder gas audit) , relative accuracy audit, relative accuracy test audit, or linearity test audit. (ii) When the continuous monitori ng system is out of control as specified in paragraph (a)(7)(i) of this section, you must take the necessary corrective action and must repeat all necessary tests that indicate that the system is out of control. You must take corrective action and conduct retesting until the performance requirements are below the applicable limits. Th e beginning of the out-of-control period is the hour you conduct a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-ofcontrol period is the hour followi ng the completion of corrective

action and successful demonstration that the system is within the

allowable limits. (8) Schedule for conducting initial and pe riodic performance evaluations of your continuous monitoring systems. (b) If a bag leak detection system is used, your monitoring plan must include a description of the following items: (1) Installation of the bag leak de tection system in accordance with paragraphs (b)(1)(i) and (ii) of this section. (i) Install the bag leak detection sensor(s) in a position(s) that will be representative of the relative or ab solute particulate matter loadings32 for each exhaust stack, roof vent, or compartment (e.g., for a positive pressure fabric filter) of the fabric filter. (ii) Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate ma tter emissions at concentrations of 10 milligrams per actual cubic meter or less. (2) Initial and periodic ad justment of the bag leak detection system, including how the alarm set-point will be established. Use a bag leak detection system equipped with a system that will sound an alarm when the system detects an increase in relative particulate matter emissions over a preset

level. The alarm must be located wher e it is observed readily and any alert is detected and recognized eas ily by plant operating personnel. (3) Evaluations of the performance of the bag leak detection system, performed in accordance with your m onitoring plan and consistent with the guidance provided in Fabric Fi lter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997 (incorpo rated by reference, see Sec. 60.17). (4) Operation of the bag leak detec tion system, including quality assurance procedures. (5) Maintenance of the bag leak de tection system, in cluding a routine maintenance schedule and sp are parts inventory list. (6) Recordkeeping (including record re tention) of the bag leak detection system data. Use a bag leak detectio n system equipped with a device to continuously record the output signal from the sensor. (c) You must conduct an initial perf ormance evaluation of each continuous monitoring system and bag leak detection system, as applicable, in accordance with your monitoring plan and to Sec. 60.13(c). For the purpose of this subpart, the provisions of Sec. 60.13(c) also appl y to the bag leak de tection system. You must conduct the initial pe rformance evaluation of each continuous monitoring system within 60 days of insta llation of the monitoring system (d) You must submit a monitoring plan speci fying the ash handling system operating procedures that you will follow to ensure that you meet the fugitive emissions limit specified in Table 2 or 3 to this subpart. (e) You may submit an appli cation to the Administrator for approval of alternate monitoring requirements to demonstrate co mpliance with the standards of this subpart, subject to the provisions of pa ragraphs (e)(1) thr ough (e)(6) of this

section. (1) The Administrator will not approve averaging periods other than those specified in this section, unless you do cument, using data or information, that the longer averaging period will ensure that emissions do not exceed

levels achieved over the duration of three performance test runs. (2) If the application to use an alte rnate monitoring requirement is approved, you must continue to use the orig inal monitoring requirement until approval is received to use a nother monitoring requirement. (3) You must submit the application for approval of alternate monitoring requirements no later than the notif ication of performance test. The33 application must contain the informati on specified in paragraphs (e)(3)(i) through (e)(3)(iii) of this section: (i) Data or information justifying the request, such as the technical or economic infeasibility, or the impr acticality of using the required approach. (ii) A description of the proposed alternative monito ring requirement, including the operating parameter to be monitored, the monitoring approach and technique, the av eraging period for the limit, and

how the limit is to be calculated. (iii) Data or information documenti ng that the alternative monitoring requirement would provide equiva lent or better assurance of compliance with the relevant emission standard. (4) The Administrator will notify you of the approval or denial of the application within 90 calenda r days after receipt of th e original request, or within 60 calendar days of the receip t of any supplementary information, whichever is later. The Administrator will not approve an alternate monitoring application unless it woul d provide equivale nt or better assurance of compliance with the re levant emission standard. Before disapproving any alternate monitoring application, the Administrator will provide the following: (i) Notice of the information and findings upon which the intended disapproval is based. (ii) Notice of opportunity for you to present additional supporting

information before final action is taken on the application. This notice will specify how much additional time is allowed for you to provide additional suppo rting information. (5) You are responsible for submitting any supporting information in a timely

manner to enable the Administrator to consider the application prior to the performance test. Neither submittal of an application, nor the Administrator's failure to approve or disapprove the application relieves you of the responsibility to comply with any provision of this subpart. (6) The Administrator may decide at an y time, on a case-by-case basis, that additional or alternative operating lim its, or alternative approaches to establishing operating limits, are nece ssary to demonstrate compliance with the emission standards of this subpart. (f) You must submit your monitoring plans requi red in paragraphs (a) and (b) of this section at least 60 days before your initial performance evaluation of your continuous monitoring system(s). (g) You must submit your monitoring plan for your ash handling system, as required in paragraph (d) of this section, at least 60 days before your initial compliance test

date. (h) You must update and resubmit your monito ring plan if there are any changes or potential changes in your monitoring procedur es or if there is a process change, as

defined in Sec. 60.5250.

MODEL RULE—CONTINUOUS CO MPLIANCE REQUIREMENTS34 60.5205 How and when do I demonstrate cont inuous compliance with the emission

limits and standards? To demonstrate continuous compliance with the emission limits and standards specified in Table 2 or 3 to this subpa rt, use the procedures specified in paragraph (a) of this section. In lieu of using the procedures speci fied in paragraph (a) of this section, you have the option to demonstrate initial comp liance using the procedures specified in paragraph (b) of this section for particul ate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or toxic e quivalency basis), merc ury, nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive em issions from ash handling. You must meet the requirements of paragraphs (a) and (b) of this section, as applicable, and paragraphs (c) through (e) of this section, according to the performance testing, monitoring, and calibration requirements in § 60.5220(a) and (b). You may also petition the Administrator fo r alternative monitoring parameters as specified in paragraph (f) of this section. (a) Demonstrate continuous compliance usi ng a performance test. Except as provided in paragraphs (a)(3) and (e) of this se ction, following the date that the initial performance test for each pollutant in Ta ble 2 or 3 to this subpart is completed, you must conduct a performance test for each such pollutant on an annual basis (between 11 and 13 calendar months follo wing the previous performance test). The performance test must be conducte d using the test methods, averaging methods, and minimum sampling volumes or durations specified in Table 2 or 3 to this subpart and according to the testing, monitoring, and calibration requirements specified in § 60.5220(a). (1) You may conduct a repeat performan ce test at any time to establish new values for the operating limits to apply from that point forward. The Administrator may request a repeat performance test at any time. (2) You must repeat the performance test within 60 days of a process change, as defined in § 60.5250. (3) Except as specified in paragraphs (a )(1) and (2) of this section, you can conduct performance tests less often for a given pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this section. (i) You can conduct performance test s less often if your performance tests for the pollutant for at leas t 2 consecutive years show that your emissions are at or below 75 percent of the emission limit specified in Table 2 or 3 to this subpart, and there are no changes in the operation of the affected source or air pollution control equipment that could increase emi ssions. In this case, you do not have to conduct a performance test for that pollutant for the next 2 years. You must conduct a performa nce test during the third year and no more than 37 months after the previous performance test. (ii) If your SSI unit continues to meet the emission limit for the pollutant, you may choose to c onduct performance tests for the pollutant every third year if your emissions are at or below 75 percent of the emission limit, a nd if there are no changes in the operation of the affected source or air pollution control equipment35 that could increase emissions, but ea ch such performance test must

be conducted no more than 37 months after the previous performance test. (iii) If a performance test shows emissions exceeded 75 percent of the emission limit for a pollutant, you must conduct annual performance tests for that pollutant until all performance tests over 2 consecutive years show compliance. (b) Demonstrate continuous compliance us ing a continuous emissions monitoring system or continuous automated sampling system. The option to use a continuous emissions monitoring system for hydrogen chloride, dioxins/furans, cadmium, or

lead takes effect on the date a final performance specification applicable to hydrogen chloride, dioxins/furans, cadm ium, or lead is published in the FEDERAL REGISTER. The option to us e a continuous automated sampling system for dioxins/furans takes effe ct on the date a final performance specification for such a continuous automated sampling system is published in the

FEDERAL REGISTER. Collect data as specified in § 60.5220(b)(6) and use the following procedures: (1) To demonstrate continuous comp liance with the emission limits for particulate matter, hydrogen chlori de, carbon monoxide, dioxins/furans (total mass basis or toxic equivale ncy basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, and lead , you may substitute the use of a continuous monitoring system in lieu of conducting the annual performance test required in paragra ph (a) of this section, as follows: (i) You may substitute the use of a continuous emissions monitoring system for any pollutant specified in paragraph (b)(1) of this section in lieu of conducting the annual performance test for that pollutant in paragraph (a) of this section. For determining compliance with the carbon monoxide concentration limit using carbon monoxide CEMS, the correction to 7 percent oxygen does not apply during periods of start up or shutdown. Use the measured

carbon monoxide concentration without correcting for oxygen concentration in averagi ng with other carbon monoxide concentrations (corrected to 7 percent oxygen) to determine the 24- hour average value. (ii) You may substitute the use of a continuous automated sampling system for mercury or dioxins/furans in lieu of conducting the annual mercury or dioxin/furan performance test in paragraph (a)

of this section. (2) If you use a continuous emissions monitoring system to demonstrate compliance with an applicable emissi on limit in paragraph (b)(1) of this section, you must use the continuous emissions monitoring system and follow the requirements specified in § 60.5220(b). You must measure emissions according to § 60.13 to calcu late 1-hour arithmetic averages, corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate initial compliance using a 24-hour block average of these 1-hour36 arithmetic average emission concentrat ions, calculated using Equation 19– 19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A–7. (3) If you use a continuous automated sampling system to demonstrate compliance with an applicable emissi on limit in paragraph (b)(1) of this section, you must: (i) Use the continuous automated sampling system specified in § 60.58b(p) and (q), and measure a nd calculate average emissions corrected to 7 percent oxygen (o r carbon dioxide) according to § 60.58b(p) and your monitoring plan. (A) Use the procedures specified in § 60.58b(p) to calculate 24- hour averages to determine compliance with the mercury emission limit in Table 2 to this subpart. (B) Use the procedures specified in § 60.58b(p) to calculate 2- week averages to determine compliance with the dioxin/furan (total mass basis or toxic equivalency basis) emission limits in Table 2 to this subpart. (ii) Update your monitoring plan as specified in § 60.4880(e). For mercury continuous automated sampling systems, you must use Performance Specification 12B of appendix B of part 75 and Procedure 5 of appendix F of this part. (4) Except as provided in paragraph(e) of this section, you must complete your periodic performance evaluations required in your monitoring plan for any continuous emissions monitoring systems and continuous automated sampling systems, according to the schedule specified in your monitoring plan. If you were prev iously determining compliance by conducting an annual performance test (or according to the less frequent testing for a pollutant as provided in paragraph (a)(3) of this section), you must complete the initial perfor mance evaluation required under your monitoring plan in § 60.5200 for the continuous monitoring system prior to using the continuous emissions monitoring system to demonstrate compliance or continuous automated sampling system. Your performance evaluation must be conducted using the procedures and acceptance criteria specified in § 60.5200(a)(3). (c) To demonstrate compliance with the dioxins/furans toxic equivalency emission limit in paragraph (a) or (b) of this section, you must determine dioxins/furans toxic equivalency as follows: (1) Measure the concentration of each dioxin/furan tetra- through octachlorinated-isomer emitted using Method 23 at 40 CFR part 60, appendix A–7. (2) For each dioxin/furan (tetra through octachlorinated) isomer measured in accordance with paragraph (c)(1) of this section, multiply the isomer concentration by its corresponding toxic equivalency factor specified in Table 5 to this subpart. (3) Sum the pr oducts calculated in accordance with paragraph (c)(2) of this section to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.37 (d) You must submit an annual complian ce report as specifi ed in § 60.5235(c). You must submit a deviation report as specif ied in § 60.5235(d) for each instance that you did not meet each emission limit in Table 2 to this subpart. (e) If you demonstrate continuous compliance using a performance test, as specified in paragraph (a) of this section, then the provisions of this pa ragraph (e) apply. If a force majeure is about to occur, occurs , or has occurred for which you intend to assert a claim of force majeure, you must notify the Administrator in writing as specified in § 60.5235(g). You must conduc t the performance test as soon as practicable after the force majeure occurs. The Administrator will determine whether or not to grant the extension to the performance test deadline, and will notify you in writing of approval or disapprova l of the request for an extension as soon as practicable. Until an extension of the performance test deadline has been approved by the Administrator, you remain st rictly subject to the requirements of this subpart. (f) After any initial request s in § 60.5200 for alternative monitoring requirements for initial compliance, you may subsequen tly petition the Administrator for alternative monitoring parameters as specified in §§ 60.13(i) and 60.5200(e).

60.5210 How do I demonstrate continuous co mpliance with my operating limits? You must continuously monitor your operating pa rameters as specified in paragraph (a) of this section and meet the requirements of paragraphs (b) and (c) of this section, according to the monitoring and calibration requirements in § 60.5225. You must confirm and re-establish your operating limits as spec ified in paragraph (d ) of this section. (a) You must continuously monitor the opera ting parameters specified in paragraphs (a)(1) and (a)(2) of this section using the continuous monitoring equipment and according to the procedures specified in § 60.5225 or established in § 60.5175. To determine compliance, you must use the da ta averaging period specified in Table 4 to this subpart (except for alarm tim e of the baghouse leak detection system) unless a different averaging pe riod is established under § 60.5175. (1) You must demonstrate that th e SSI unit meets the operating limits established according to §§ 60.5175 and 60.5190 and paragraph (d) of this section for each applicab le operating parameter. (2) You must demonstrate that the SSI unit meets the operating limit for bag leak detection systems as follows: (i) For a bag leak detection system , you must calculate the alarm time

as follows: (A) If inspection of the fabric filter demonstrates that no corrective action is require d, no alarm time is counted. (B) If corrective action is requi red, each alarm time shall be

counted as a minimum of 1 hour. (C) If you take longer than 1 hour to initiate corrective action, each alarm time (i.e., time that the alarm sounds) is counted as the actual amount of time taken by you to initiate

corrective action. (ii) Your maximum alarm time is e qual to 5 percent of the operating time during a 6-month period, as specified in § 60.5170(c).38 (b) Operation above the established maximu m, below the established minimum, or outside the allowable range of the operati ng limits specified in paragraph (a) of

this section constitutes a deviation from your operati ng limits established under this subpart, except during performance te sts conducted to determine compliance with the emission and operating limits or to establish new operating limits. You must submit the deviation report specifie d in § 60.5235(d) for each instance that you did not meet one of your operating lim its established under this subpart. (c) You must submit the annual compliance report specified in § 60.5235(c) to demonstrate continuous compliance. (d) You must confirm your operating limits according to paragr aph (d)(1) of this section or re-establish operating limits according to paragraph (d)(2) of this section. Your operating limits must be established so as to assure ongoing compliance with the emission limits. These requirements also apply to your operating requirements in your fugitive em issions monitoring plan specified in § 60.5170(d). (1) Your operating limits must be base d on operating data recorded during any performance test required in § 60.5205(a) or any performance evaluation required in § 60.5205(b)(4). (2) You may conduct a repeat performan ce test at any time to establish new values for the operating limits to apply from that point forward.

60.5215 By what date must I conduct annual air pollution control device inspections and make any necessary repairs? (a) You must conduct an annual inspection of each air pollution control device used to comply with the emission limits, a ccording to § 60.5220(c), no later than 12 months following the previous annual ai r pollution control device inspection. (b) Within 10 operating days following an air pollution control device inspection, all necessary repairs must be completed unl ess you obtain written approval from the Administrator establishing a date whereby all necessary repair s of the affected SSI unit must be completed.

MODEL RULE—PERFORMANCE TESTING, MONITORING, AND CALIBRATION REQUIREMENTS

60.5220 What are the performance testing, monitoring, and calibration requirements for compliance with th e emission limits and standards? You must meet, as applicab le, the performance testing requirements specified in paragraph (a) of this section, the monitoring requirements specified in paragraph (b) of this section, the air polluti on control device inspections requirements specified in paragraph (c) of this section, and the bypass st ack provisions specified in paragraph (d) of

this section. (a) Performance testing requirements. (1) All performance tests must consis t of a minimum of three test runs conducted under conditions represen tative of normal operations, as specified in § 60.8(c). Emissions in excess of the emission limits or39 standards during periods of star tup, shutdown, and malfunction are considered deviations from the applic able emission limits or standards. (2) You must document that the dry sludge burned during the performance test is representative of the sludge burned under normal operating conditions by: (i) Maintaining a log of the quant ity of sewage sludge burned during the performance test by continuously monitoring and recording the average hourly rate that sewage sl udge is fed to the incinerator. (ii) Maintaining a log of the moistu re content of the sewage sludge burned during the performance test by taking grab samples of the sewage sludge fed to the incine rator for each 8 hour period that testing is conducted. (3) All performance tests must be condu cted using the test methods, minimum sampling volume, observation period, and averaging method specified in Table 2 or 3 to this subpart. (4) Method 1 at 40 CFR part 60, appendi x A must be used to select the sampling location and number of traverse points. (5) Method 3A or 3B at 40 CFR part 60, appendix A–2 must be used for gas composition analysis, including meas urement of oxygen concentration. Method 3A or 3B at 40 CFR part 60, appendix A–2 must be used simultaneously with each method. (6) All pollutant concentrations must be adjusted to 7 percent oxygen using Equation 1 of this section:

C adj = (C

meas (20.9 - 7)) ⁄ ((20.9 - %O 2 )) (Eq. 1)

Where:

C adj = Pollutant concentration ad justed to 7 percent oxygen.

Cmeas = Pollutant concentrati on measured on a dry basis. (20.9 - 7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen correction basis). 20.9 = Oxygen concentrati on in air, percent.

%O 2 = Oxygen concentration measur ed on a dry basis, percent. (7) Performance tests must be conducted and data reduced in accordance with the test methods and procedures cont ained in this subpart unless the Administrator does one of the following. (i) Specifies or approves, in specifi c cases, the use of a method with minor changes in methodology. (ii) Approves the use of an equivalent method. (iii) Approves the use of an alternat ive method the results of which he has determined to be adequate for indicating whether a specific source is in compliance. (iv) Waives the requirement for performance tests because you have demonstrated by other means to the Administrator’s satisfaction

that the affected SSI unit is in compliance with the standard. (v) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. Nothing in40 this paragraph is construed to abrogate the Administrator’s authority to require testing under section 114 of the Clean Air Act. (8) You must provide the Administrator at least 30 days prior notice of any performance test, except as specified under other subparts, to afford the Administrator the opportunity to have an observer present. If after 30 days notice for an initially scheduled perfor mance test, there is a delay (due to operational problems, etc.) in conduc ting the scheduled performance test, you must notify the Administrator as s oon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled date of the performan ce test, or by arranging a rescheduled date with the Administrator by mutual agreement. (9) You must provide, or cause to be provided, performance testing facilities

as follows: (i) Sampling ports adequate for the te st methods applicable to the SSI unit, as follows: (A) Constructing the air pollution control system such that volumetric flow rates and pollu tant emission rates can be accurately determined by app licable test methods and procedures. (B) Providing a stack or duct free of cyclonic flow during performance tests, as demons trated by applicable test methods and procedures. (ii) Safe sampling platform(s). (iii) Safe access to sampling platform(s). (iv) Utilities for sampling and testing equipment. (10) Unless otherwise specified in this subpart, each performance test must consist of three separate runs using the applicable test method. Each run

must be conducted for the time and under the conditions specified in the applicable standard. Compliance with each emission limit must be determined by calculating the arithmetic mean of the three runs. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sa mple train, extreme meteorological conditions, or other circumstances, beyond your control, compliance may, upon the Administrator’s approval, be determined using the arithmetic

mean of the results of the two other runs. (11) During each test run specified in pa ragraph (a)(1) of this section, you must operate your sewage sludge incinera tor at a minimum of 85 percent of your maximum permitted capacity. (b) Continuous monitor requirements. You mu st meet the followi ng requirements, as applicable, when using a continuous monitoring system to demonstrate compliance with the emission limits in Table 2 or 3 to this subpart. The option to use a continuous emissions monitoring system for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on the date a final performance specification applicable to hydrogen chloride , dioxins/furans, cadmium, or lead is published in the FEDERAL REGISTER. If you elect to use a continuous41 emissions monitoring system instead of conducting annual performance testing, you must meet the requirem ents of paragraphs (b)(1 ) through (b)(6) of this section. If you elect to use a continuous automated sampling system instead of conducting annual performance testing, you must meet the requirements of paragraph (b)(7) of this section. The option to use a continuous automated sampling system for dioxins/furans takes e ffect on the date a final performance specification for such a continuous automated sampling system is published in the

FEDERAL REGISTER. (1) You must notify the Administrator 1 month before starting use of the continuous emissions monitoring system. (2) You must notify the Administrator 1 month before stopping use of the continuous emissions monitoring syst em, in which case you must also conduct a performance test within prio r to ceasing operation of the system. (3) You must install, operate, calibra te, and maintain an instrument for continuously measuring and recording th e emissions to the atmosphere in accordance with the following: (i) Section 60.13 of subpart A of this part. (ii) The following performance specif ications of appendix B of this part, as applicable: (A) For particulate matter, Pe rformance Specification 11 of appendix B of this part. (B) For hydrogen chloride, Performance Specification 15 of appendix B of this part. (C) For carbon monoxide, Performa nce Specification 4B of appendix B of this part with spans appropriate to the applicable emission limit. (D) [Reserved] (E) For mercury, Performance Sp ecification 12A of appendix B of this part. (F) For nitrogen oxides, Performance Specification 2 of appendix B of this part. (G) For sulfur dioxide, Perf ormance Specification 2 of appendix B of this part. (iii) For continuous emissions monitoring systems, the quality assurance procedures (e.g., quarter ly accuracy determinations and daily calibration drift tests) of appendix F of this part specified in paragraphs (b)(3)(iii)(A) through (b )(3)(iii)(G) of th is section. For each pollutant, the span value of the continuous emissions monitoring system is two times the applicable emission limit, expressed as a concentration. (A) For particulate matter, Pro cedure 2 in appendix F of this

part. (B) For hydrogen chloride, Procedure 1 in appendix F of this part except that the Relative Accuracy Test Audit requirements of Procedure 1 sh all be replaced with the validation requirements and crit eria of sections 11.1.1 and42 12.0 of Performance Specification 15 of appendix B of this

part. (C) For carbon monoxide, Procedur e 1 in appendix F of this

part. (D) [Reserved] (E) For mercury, Procedures 5 in appendix F of this part. (F) For nitrogen oxides, Procedur e 1 in appendix F of this part. (G) For sulfur dioxide, Procedure 1 in appendix F of this part. (iv) If your monitoring system ha s a malfunction or out-of-control period, you must complete repairs and resume operation of your monitoring system as expeditiously as possible. (4) During each relative accuracy test run of the continuous emissions monitoring system using the performa nce specifications in paragraph (b)(3)(ii) of this secti on, emission data for each regulated pollutant and oxygen (or carbon dioxide as established in (b)(5) of this section) must be collected concurrently (or within a 30- to 60-minute period) by both the continuous emissions monitoring system s and the test methods specified in paragraph (b)(4)(i) through (b)(4)(viii ) of this section. Relative accuracy testing must be at representative ope rating conditions while the SSI unit is charging sewage sludge. (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A–3

or Method 26A or 29 at 40 CFR part 60, appendix A–8 shall be

used. (ii) For hydrogen chloride, Met hod 26 or 26A at 40 CFR part 60, appendix A–8, shall be used, as spec ified in Tables 1 and 2 to this subpart. (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part 60, appendix A–4, shall be used. (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A–7,

shall be used. (v) For mercury, cadmium, and lead, Method 29 at 40 CFR part 60, appendix A–8, shall be used. Alte rnatively for mercury, either Method 30B at 40 CFR part 60, appendix A–8 or ASTM D6784– 02 (Reapproved 2008) (incorporated by reference, see § 60.17), may be used. (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60, appendix A–4, shall be used. (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60, appendix A–4, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17) must be used. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criter ion for the inlet of the sulfur dioxide continuous emissions monitoring system should be no greater than 20 percent of the mean value of the method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the43 method and the continuous emissions monitoring system, whichever is greater. (viii) For oxygen (or carbon dioxide as established in (b)(5) of this section), Method 3A or 3B at 40 CFR part 60, appendix A–2, or as

an alternative ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 60.17), as a pplicable, must be used. (5) You may request that compliance wi th the emission limits be determined using carbon dioxide measurements correct ed to an equivalent of 7 percent oxygen. If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and car bon dioxide levels must be established during the initi al performance test acco rding to the procedures and methods specified in paragraphs (b)(5)(i) through (b )(5)(iv) of this section. This relationship may be re-established during subsequent performance tests. (i) The fuel factor equation in Method 3B at 40 CFR part 60, appendix A–2 must be used to determine the relationship between oxygen and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR part 60, appendix A–2, or as an alternative ANSI/ASME PTC 19.10–1981 (incorporat ed by reference, see § 60.17), as applicable, must be used to determine the oxygen

concentration at the same locati on as the carbon dioxide monitor. (ii) Samples must be taken for at least 30 minutes in each hour. (iii) Each sample must represent a 1-hour average. (iv) A minimum of three runs must be performed. (6) You must operate the continuous mon itoring system and collect data with the continuous monitoring system as follows: (i) You must collect data using th e continuous monitoring system at all times the affected SSI unit is operating and at the intervals specified in paragraph (b)(6)(ii) of this section, except for periods of monitoring system malfuncti ons that occur during periods specified in § 60.5200(a)(7)(i), repa irs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activ ities (including, as applicable, calibration checks and required zero and span adjustments). Any such periods that you do not coll ect data using the continuous monitoring system constitute a deviation from the monitoring requirements and must be repor ted in a deviation report. (ii) You must collect continuous em issions monitoring system data in accordance with § 60.13(e)(2). (iii) Any data collected during mon itoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities must not

be included in calcula tions used to report emissions or operating levels. Any such periods must be reported in a deviation report. (iv) Any data collected during periods when the monitoring system is out of control as specified in § 60.4880(a)(7)(i), repa irs associated44 with periods when the monitoring system is out of control, or required monitoring system quality assurance or control activities conducted during out-of-control peri ods must not be included in calculations used to report emissi ons or operating levels. Any such periods that do not coincide with a monitoring system malfunction as defined in § 60.5250, constitute a deviation from the monitoring requirements and must be repor ted in a deviation report. (v) You must use all the data colle cted during all pe riods except those periods specified in pa ragraphs (b)(6)(iii) and (b)(6)(iv) of this section in assessing the operat ion of the control device and associated control system. (7) If you elect to use a continuous au tomated sampling system instead of conducting annual performance testing, you must: (i) Install, calibrate, maintain, and operate a continuous automated sampling system according to the site-specific monitoring plan developed in § 60.58b(p)(1) through (p )(6), (p)(9), (p)(10), and (q). (ii) Collect data according to § 60.58b(p)(5) and paragraph (b)(6) of

this section. (c) Air pollution control devi ce inspections. You must c onduct air polluti on control device inspections that include, at a minimum, the following: (1) Inspect air pollution control device(s) for proper operation. (2) Generally observe that the equi pment is maintained in good operating

condition. (3) Develop a site-specific monitoring pl an according to the requirements in § 60.5200. This requirement also applie s to you if you petition the EPA

Administrator for alternative mon itoring parameters under § 60.13(i). (d) Bypass stack. Use of the bypass stack at any time that sewa ge sludge is being charged to the SSI unit is an emissions st andards deviation for all pollutants listed in Table 2 or 3 to this subpart. The us e of the bypass stack during a performance test invalidates the performance test.

60.5225 What are the monitoring and calibra tion requirements for compliance with my operating limits? (a) You must install, operate, calibrate, and maintain the continuous parameter monitoring systems according to the requireme nts in paragraphs (a)(1) and (2) of

this section. (1) Meet the following general requi rements for flow, pressure, pH, and operating temperature measurement devices: (i) You must collect data using th e continuous monitoring system at all times the affected SSI unit is operating and at the intervals specified in paragraph (a)(1)(ii) of this section, except for periods of monitoring system malfuncti ons that occur during periods specified defined in § 60.5200(a)(7 )(i), repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality co ntrol activities (including, as applicable, calibration checks and required zero and span45 adjustments). Any such periods th at you do not collect data using the continuous monitoring system constitute a deviation from the monitoring requirements and must be reported in a deviation

report. (ii) You must collect continuous pa rameter monitoring system data in accordance with § 60.13(e)(2). (iii) Any data collected during mon itoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities must not

be included in calcula tions used to report emissions or operating levels. Any such periods must be reported in your annual deviation

report. (iv) Any data collected during periods when the monitoring system is out of control as specified in § 60.5200(a)(7)(i) must not be

included in calculations used to report emissions or operating levels. Any such periods that do not coincide with a monitoring system malfunction, as defined in § 60.5250, constitute a deviation from the monitoring requirements and must be reported in a deviation report. (v) You must use all the data colle cted during all pe riods except those periods specified in pa ragraphs (a)(1)(iii) and (a)(1)(iv) of this section in assessing the operati on of the control device and associated control system. (vi) Record the results of each inspection, calibra tion, and validation

check. (2) Operate and maintain your continuous monitoring system according to your monitoring plan requir ed under § 60.4880. Additionally: (i) For carrier gas flow rate monito rs (for activated carbon injection), during the performance test conducted pursuant to § 60.4885, you must demonstrate that the system is maintained within ±5 percent accuracy, according to the procedures in appendix A to part 75 of this chapter. (ii) For carrier gas pressure dr op monitors (for activated carbon injection), during the performan ce test conducted pursuant to § 60.4885, you must demonstrate that the system is maintained within ±5 percent accuracy. (b) You must operate and maintain your ba g leak detection system in continuous operation according to your mon itoring plan required under § 60.4880. Additionally: (1) For positive pressure fabric fi lter systems that do not duct all compartments of cells to a common stack, a bag leak detection system must be installed in each baghouse compartment or cell. (2) Where multiple bag leak detectors are required, the system’s instrumentation and alarm may be shared among detectors. (3) You must initiate procedures to dete rmine the cause of every alarm within 8 hours of the alarm, and you must alle viate the cause of the alarm within46 24 hours of the alarm by taking what ever corrective action(s) are necessary. Corrective actions may in clude, but are not limited to the following: (i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate matter emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filt er media or otherwise repairing the

control device. (iv) Sealing off a defective fabric filter compartment. (v) Cleaning the bag leak detec tion system probe or otherwise repairing the bag leak detection system. (vi) Shutting down the process producing the particulate matter

emissions. (c) You must operate and maintain the continuous parameter monitoring systems specified in paragraphs (a) and (b) of this section in continuous operation according to your monitoring plan required under § 60.4880. (d) If your SSI unit has a bypass stack, you mu st install, calibrate (to manufacturers’ specifications), maintain, and operate a de vice or method for measuring the use of the bypass stack including date, time, and duration.

MODEL RULE—RECORDKEEPING AND REPORTING

60.5230 What records must I keep?

You must maintain the items (as applicable) specified in paragraphs (a) through (n) of this section for a period of at least 5 years. A ll records must be available on site in either paper copy or computer-readable format th at can be printed upon request, unless an alternative format is approved by the Administrator. (a) Date. Calendar date of each record. (b) Increments of progress. Copies of th e final control plan and any additional notifications, repor ted under § 60.5235. (c) Operator Training. Docume ntation of the operator training procedures and records specified in paragraphs (c)(1) through (c)(4) of this sec tion. You must make available and readily accessible at the facili ty at all times for all SSI unit operators the documentation specified in paragraph (c)(1) of this section. (1) Documentation of the following operator training procedures and

information: (i) Summary of the applicable standards under this subpart. (ii) Procedures for receiving, ha ndling, and feeding sewage sludge. (iii) Incinerator startup, shutdow n, and malfunction preventative and corrective procedures. (iv) Procedures for maintaining proper combustion air supply levels. (v) Procedures for operating the incinerator and associated air pollution control systems within the standards es tablished under this subpart.47 (vi) Monitoring procedures for de monstrating compliance with the incinerator operating limits. (vii) Reporting and recordkeeping procedures. (viii) Procedures for handling ash. (ix) A list of the materials burned during the performance test, if in addition to sewage sludge. (x) For each qualified operator and other plant personnel who may operate the unit according to th e provisions of § 60.5155(a), the phone and/or pager number at whic h they can be reached during operating hours. (2) Records showing the names of SSI unit operators and other plant personnel who may operate the unit according to the provisions of § 60.5155(a), as follows: (i) Records showing the names of SSI unit operators and other plant personnel who have completed review of the information in paragraph (c)(1) of this sec tion as required by § 60.5160(b), including the date of the initial review and all subsequent annual

reviews. (ii) Records showing the names of the SSI operators who have completed the operator training requirements under § 60.5130, met the criteria for qualification under § 60.5140, and maintained or renewed their qualification under § 60.5145 or § 60.5150. Records

must include documentation of trai ning, including the dates of their initial qualification and all subsequent renewals of such qualifications. (3) Records showing the periods when no qualified operators were accessible for more than 8 hours, but less than 2 weeks, as required in § 60.5155(a). (4) Records showing the periods when no qualified operators were accessible for 2 weeks or more along with copies of reports submitted as required in § 60.5155(b). (d) Air pollution control devi ce inspections. Records of th e results of initial and annual air pollution control device inspections conducted as specified in §§ 60.5195 and 60.5220(c), including any required maintenance and any repairs not completed within 10 days of an inspection or the timeframe established by the

Administrator. (e) Performance test reports. (1) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and standards and/or to establish opera ting limits, as applicable. (2) Retain a copy of the complete performance test report, including

calculations. (3) Keep a record of the hourly dr y sludge feed rate measured during performance test runs as specified in § 60.5220(a)(2)(i). (4) Keep any necessary records to dem onstrate that the performance test was conducted under conditions representati ve of normal opera tions, including a record of the moisture content measured as required in §48 60.5220(a)(2)(ii) for each grab sample taken of the sewage sludge burned during the performance test. (f) Continuous monitoring da ta. Records of the following data, as applicable: (1) For continuous emissions monitoring systems, all 1-hour average concentrations of particulate matte r, hydrogen chloride, carbon monoxide, dioxins/furans total mass basis, merc ury, nitrogen oxides, sulfur dioxide, cadmium, and lead emissions. (2) For continuous automated sampling systems, all average concentrations measured for mercury and dioxins /furans total mass basis at the frequencies specified in your monitoring plan. (3) For continuous parameter monitoring systems: (i) All 1-hour average values r ecorded for the following operating parameters, as applicable: (A) Combustion chamber operating temperature (or afterburner temperature). (B) If a wet scrubber is used to comply with the rule, pressure drop across each wet scrubber sy stem and liquid flow rate to each wet scrubber used to comply with the emission

limit in Table 2 or 3 to this subpart for particulate matter, cadmium, or lead, and scrubber liquid flow rate and scrubber liquid pH for each wet scrubber used to comply

with an emission limit in Table 2 or 3 to this subpart for sulfur dioxide or hydrogen chloride. (C) If an electrostatic precipitator is used to comply with the rule, secondary voltage of th e electrostatic precipitator collection plates and secondary amperage of the electrostatic precipitator colle ction plates, and effluent

water flow rate at the outlet of the wet electrostatic precipitator. (D) If activated carbon injection is used to comply with the rule, sorbent flow rate and carri er gas flow rate or pressure drop, as applicable. (ii) All daily average values recorded for the feed rate and moisture content of the sewage sludge fed to the sewage sludge incinerator, monitored and calculated as specified in § 60.5170(f). (iii) If a fabric filter is used to comply with the rule, the date, time, and

duration of each alarm and the time corrective action was initiated and completed, and a brief descrip tion of the cause of the alarm and the corrective action taken. You must also record the percent of operating time during each 6- month period that the alarm sounds, calculated as specified in § 60.5210. (iv) For other control devices for which you must establish operating limits under § 60.5175, you must maintain data collected for all operating parameters used to determine compliance with the operating limits, at the frequencies specified in your monitoring plan.49 (g) Other records for continuous monitori ng systems. You must keep the following records, as applicable: (1) Keep records of any notifications to the Administrator in § 60.4915(h)(1) of starting or stopping use of a continuous monitoring system for determining compliance with any emissions limit. (2) Keep records of any requests unde r § 60.5220(b)(5) that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivale nt of 7 percent oxygen. (3) If activated carbon injection is used to comply with the rule, the type of sorbent used and any changes in the type of sorbent used. (h) Deviation Reports. Records of any de viation reports submitted under § 60.5235(e) and (f). (i) Equipment specifications and opera tion and maintenance requirements. Equipment specifications and re lated operation and maintenance requirements received from vendors for the incinerator, emission controls, and monitoring equipment. (j) Inspections, calibrations, and validation checks of monitoring devices. Records of inspections, calibration, a nd validation checks of any monitoring devices as required under §§ 60.5220 and 60.5225. (k) Monitoring plan and performance evalua tions for continuous monitoring systems. Records of the monitoring plans re quired under § 60.5200, and records of performance evaluations re quired under § 60.5205(b)(5). (l) Less frequent testing. If, consistent with 60.5205(a)(3), you elect to conduct performance tests less frequently than annually, you must keep annual records that document that your emissions in the two previous consecutive years were at or below 75 percent of the applicable em ission limit in Table 1 or 2 to this subpart, and document that there were no changes in source operations or air pollution control equipment that would cause emissions of the relevant pollutant to increase within the past 2 years. (m) Use of bypass stack. Records indicating use of the bypass stack, including dates, times, and durations as required under § 60.5225(d). (n) If a malfunction occurs, you must keep a record of the information submitted in your annual report in § 60.5235(c)(16).

60.5235 What reports must I submit? You must submit the reports specified in para graphs (a) through (i) of this section. See Table 6 to this subpart for a summary of these reports. (a) Increments of progress report. If you pl an to achieve compliance more than 1 year following the effective date of state pl an approval, you must submit the following reports, as applicable: (1) A final control plan as specified in §§ 60.5085(a) and 60.5110. (2) You must submit your notification of achievement of increments of progress no later than 10 business days after the compliance date for the increment as specified in §§ 60.5095 and 60.5100.50 (3) If you fail to meet an increment of progress, you must submit a notification to the Administrator postm arked within 10 business days after the date for that increment, as specified in § 60.5105. (4) If you plan to close your SSI unit rath er than comply with the state plan,

submit a closure notificati on as specified in § 60.5125. (b) Initial compliance repo rt. You must submit the following information no later than 60 days following the initial performance test. (1) Company name, physical address, and mailing address. (2) Statement by a responsible official, with that official’s name, title, and signature, certifying the accuracy of the content of the report. (3) Date of report. (4) The complete test report for the initial performance test results obtained by using the test methods specified in Table 2 or 3 to this subpart. (5) If an initial performance evaluati on of a continuous monitoring system was conducted, the results of that initial performance evaluation. (6) The values for the site-specific ope rating limits established pursuant to §§ 60.5170 and 60.5175 and the calculations and methods, as applicable, used to establish each operating limit. (7) If you are using a fabric filter to comply with the emission limits, documentation that a bag leak detecti on system has been installed and is being operated, calibrated, and mainta ined as required by § 60.5170(b). (8) The results of the initial air polluti on control device inspection required in § 60.5195, including a description of repairs. (9) The site-specific monitoring pl an required under § 60.5200, at least 60 days before your initial performa nce evaluation of your continuous monitoring system. (10) The site-specific monitoring plan for your ash handling system required under § 60.5200, at least 60 days before your initial performance test to demonstrate compliance with your fugitive ash emission limit. (c) Annual compliance report. You must submit an annual compliance report that includes the items listed in paragraphs (c)( 1) through (c)(16) of this section for the reporting period specified in paragraph (c )(3) of this secti on. You must submit your first annual compliance report no later than 12 months following the submission of the initial compliance report in paragraph (b) of this section. You must submit subsequent annual compliance reports no more than 12 months following the previous annual compliance report. (You may be required to submit these reports (or additional compliance info rmation) more frequently by the title V operating permit required in § 60.5240.) (1) Company name, physical address, and mailing address. (2) Statement by a responsible official, with that official’s name, title, and signature, certifying the accuracy of the content of the report. (3) Date of report and beginning a nd ending dates of th e reporting period. (4) If a performance test was c onducted during the reporting period, the results of that performance test. (i) If operating limits were estab lished during the performance test, include the value for each opera ting limit and, as applicable, the51 method used to establish each operating limit, including

calculations. (ii) If activated carbon is used duri ng the performance test, include the type of activated carbon used. (5) For each pollutant and operating parameter recorded using a continuous monitoring system, the highest average value and lowest average value recorded during the repor ting period, as follows: (i) For continuous emission monitoring systems and continuous automated sampling systems, report the highest and lowest 24-hour average emission value. (ii) For continuous parameter monito ring systems, report the following

values: (A) For all operating parameters except scrubber liquid pH, the highest and lowest 12- hour average values. (B) For scrubber liquid pH, the highest and lowest 3-hour average values. (6) If there are no deviations during the reporting period from any emission limit, emission standard, or operating lim it that applies to you, a statement

that there were no deviations from the emission limits, emission standard, or operating limits. (7) Information for bag leak de tection systems recorded under § 60.5230(f)(3)(iii). (8) If a performance evaluation of a continuous monitoring system was conducted, the results of that perf ormance evaluation. If new operating limits were established during the performance evaluation, include your

calculations for establishi ng those operating limits. (9) If you elect to conduct performance te sts less frequently as allowed in § 60.5205(a)(3) and did not conduct a perfor mance test during the reporting period, you must include the dates of the last two performance tests, a comparison of the emission level you ach ieved in the last two performance tests to the 75 percent emission limit threshold specified in § 60.5205(a)(3), and a statement as to wh ether there have been any process changes and whether the process change resulted in an increase in

emissions. (10) Documentation of periods when a ll qualified sewage sl udge incineration unit operators were unavailable for more than 8 hours, but less than 2

weeks. (11) Results of annual air pollution control device inspections recorded under § 60.5230(d) for the reporting period, incl uding a description of repairs. (12) If there were no periods during the reporting period when your continuous monitoring systems had a malfunction, a statement that there were no periods during which your continuous monitoring systems had a

malfunction. (13) If there were no periods during the reporting period when a continuous monitoring system was out of control, a statement that there were no52 periods during which your continuous monitoring systems were out of

control. (14) If there were no operator training de viations, a statement that there were no such deviations during the reporting period. (15) If you did not make revisions to your site-specific m onitoring plan during the reporting period, a statement that you did not make any revisions to your site-specific monitoring plan duri ng the reporting period. If you made revisions to your site-specific monito ring plan during the reporting period, a copy of the revised plan. (16) If you had a malfunction during the reporting period, the compliance report must include the number, durati on, and a brief description for each type of malfunction that occurred during the reporting period and that caused or may have caused any applicable emission limitation to be exceeded. The report must also includ e a description of actions taken by an owner or operator during a malfun ction of an affected source to minimize emissions in accordance with § 60.11(d), including actions taken

to correct a malfunction. (d) Deviation reports. (1) You must submit a deviation report if: (i) Any recorded operating paramete r level, based on the averaging time specified in Table 4 to this subpart, is above the maximum operating limit or below the minimum operating limit established under this subpart. (ii) The bag leak detection system alarm sounds for more than 5 percent of the operating time for the 6-month reporting period. (iii) Any recorded 24-hour block aver age emissions level is above the emission limit, if a continuous monitoring system is used to comply with an emission limit. (iv) There are visible emissions of combustion ash from an ash conveying system for more than 5 percent of the hourly observation period. (v) A performance test was conducted that deviated from any emission limit in Table 2 or 3 to this subpart. (vi) A continuous monitoring system was out of control. (vii) You had a malfunction (e.g., continuous monitoring system malfunction) that caused or may have caused any applicable

emission limit to be exceeded. (2) The deviation report must be submitt ed by August 1 of that year for data collected during the first ha lf of the calendar year (January 1 to June 30), and by February 1 of the following y ear for data you collected during the second half of the calendar ye ar (July 1 to December 31). (3) For each deviation where you are usi ng a continuous monitoring system to comply with an associated emission limit or operating limit, report the items described in paragraphs (d)(3)(i) through (d)(3)(viii) of this section. (i) Company name, physical address, and mailing address.53 (ii) Statement by a responsible official , with that official’s name, title, and signature, certifying the accuracy of the content of the report. (iii) The calendar dates and times your unit deviated from the emission limits, emission standards, or operating limits requirements. (iv) The averaged and recorded data for those dates. (v) Duration and cause of each deviation from the following: (A) Emission limits, emission standards, operating limits, and your corrective actions. (B) Bypass events and your corrective actions. (vi) Dates, times, and causes for monitor downtime incidents. (vii) A copy of the operating parame ter monitoring data during each deviation and any test report that documents the emission levels. (viii) If there were periods du ring which the continuous monitoring system malfunctioned or was out of control, you must include the following information for each deviation from an emission limit or operating limit: (A) The date and time that each malfunction started and stopped. (B) The date, time, and duration that each continuousmonitoring system was inoperative, except for zero (lowlevel) and high-level checks. (C) The date, time, and duration that each continuous monitoring system was out of control, including start and end dates and hours and descrip tions of corrective actions

taken. (D) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of malfunction, during a period when the system as out of control, or during another period. (E) A summary of the total dura tion of the deviation during the reporting period, and the total dur ation as a percent of the total source operating time dur ing that reporting period. (F) A breakdown of the total durat ion of the deviations during the reporting period into those that ar e due to control equipment problems, process problems, other known causes, and other unknown causes. (G) A summary of the total duration of continuous monitoring system downtime during the re porting period, and the total duration of continuous monitoring system downtime as a percent of the total operating ti me of the SSI unit at which the continuous monitoring system downtime occurred during that reporting period. (H) An identification of each parameter and pollutant that was

monitored at the SSI unit. (I) A brief descripti on of the SSI unit. (J) A brief description of th e continuous monitoring system.54 (K) The date of the latest continuous monitoring system

certification or audit. (L) A description of any changes in continuous monitoring

system, processes, or contro ls since the la st reporting period. (4) For each deviation where you are not using a continuous monitoring system to comply with the associat ed emission limit or operating limit, report the following items:. (i) Company name, physical address, and mailing address. (ii) Statement by a responsible official , with that official’s name, title, and signature, certifying the accuracy of the content of the report. (iii) The total operating time of each affected source during the reporting period. (iv) The calendar dates and times your unit deviated from the emission limits, emission standards, or operating limits requirements. (v) The averaged and recorded data for those dates. (vi) Duration and cause of each deviation from the following: (A) Emission limits, emission standards, operating limits, and your corrective actions. (B) Bypass events and your corrective actions. (vii) A copy of any performance test report that showed a deviation

from the emission lim its or standards. (viii) A brief description of a ny malfunction reported in paragraph (d)(1)(vii) of this section, includ ing a description of actions taken during the malfunction to minimize emissions in accordance with § 60.11(d) and to correct the malfunction. (e) Qualified operator deviation. (1) If all qualified operators are not accessible for 2 weeks or more, you must take the two actions in paragraphs (e)(1 )(i) and (e)(1)(ii) of this section. (i) Submit a notification of the devi ation within 10 days that includes the three items in paragraphs (e )(1)(i)(A) through (e)(1)(i)(C) of

this section. (A) A statement of what caused the deviation. (B) A description of actions take n to ensure that a qualified operator is accessible. (C) The date when you anticipate that a qualified operator will

be available. (ii) Submit a status report to th e Administrator every 4 weeks that includes the three items in pa ragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this section. (A) A description of actions take n to ensure that a qualified operator is accessible. (B) The date when you anticipate that a qualified operator will

be accessible. (C) Request for approval from the Administrator to continue operation of the SSI unit.55 (2) If your unit was shut down by the Ad ministrator, under the provisions of § 60.5155(b)(2)(i), due to a failure to provide an accessible qualified operator, you must notify the Administra tor within five da ys of meeting § 60.5155(b)(2)(ii) that you are resuming operation. (f) Notification of a force maje ure. If a force majeure is a bout to occur, occurs, or has occurred for which you intend to asse rt a claim of force majeure: (1) You must notify the Administrator, in writing as soon as practicable following the date you first knew, or through due diligence, should have known that the event may cause or caused a delay in conducting a performance test beyond the regulatory deadline, but the notification must occur before the performance test de adline unless the initial force majeure or a subsequent force majeure event de lays the notice, and in such cases,

the notification must occu r as soon as practicable. (2) You must provide to th e Administrator a written description of the force majeure event and a rationale for attr ibuting the delay in conducting the performance test beyond the regulatory deadline to the force majeure;

describe the measures taken or to be taken to minimize the delay; and identify a date by which you propose to conduct the performance test. (g) Other notifications and reports require d. You must submit other notifications as provided by § 60.7 and as follows: (1) You must notify the Administrator 1 month before star ting or stopping use of a continuous monitoring system for determining compliance with any

emission limit. (2) You must notify the Administrato r at least 30 days prior to any performance test conducted to comply with the provisions of this subpart, to afford the Administrator the opport unity to have an observer present. (3) As specified in § 60.5220(a)(8), you mu st notify the Administrator at least 7 days prior to the date of a resc heduled performance test for which notification was previously made in paragraph (g)(2) of this section. (h) Report submission form. (1) Submit initial, annual, and deviatio n reports electronically or in paper format, postmarked on or before the submittal due dates. (2) As of January 1, 2012 and within 60 days after the da te of completing each performance test, as defined in § 63.2, conducted to demonstrate compliance with this subpart, you must submit relative accuracy test audit (i.e., reference method) data and pe rformance test (i.e., compliance test) data, except opacity data, electronical ly to EPA’s Central Data Exchange (CDX) by using the Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ertlt ool.html/) or other compatible electronic spreadsheet. Only data coll ected using test methods compatible with ERT are subject to this requir ement to be submitted electronically

into EPA’s WebFIRE database. (i) Changing report dates. If the Administrator agrees, you may change the semiannual or annual reporting dates. See § 60.19(c) for procedures to seek approva l to change your reporting date.56 MODEL RULE—TITLE V OPERATING PERMITS

60.5240 Am I required to apply for and obtain a Title V operating permit for my existing SSI unit? Yes, if you are subject to an applicable EPA-approved and effective CAA section 111(d)/129 state or tribal plan or an applicable and e ffective Federal plan, you are required to apply for and obtain a Title V operating permit for your existing SSI unit unless you meet the relevant requirement s for an exemption specified in § 60.5065.

60.5245 When must I submit a title V permit application for my existing SSI unit? (a) If your existing SSI unit is not subject to an earlier permit application deadline, a complete title V permit application must be submitted on or before the earlier of the dates specified in paragraphs (a)( 1) through (a)(3) of this section. (See sections 129 (e), 503(c), 503(d), and 502( a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i)). (1) 12 months after the effective date of any applicable EPA-approved Clean Air Act section 111(d)/129 state or tribal plan. (2) 12 months after the effective date of any applicable Federal plan. (3) March 21, 2014. (b) For any existing unit not subject to an earlier permit application deadline, the application deadline of 36 m onths after the promulgation of this subpart applies regardless of whether or when any applicable Federal plan is effective, or whether or when any applicable Clean Air Act sec tion 111(d)/129 state or tribal plan is approved by EPA and becomes effective. (c) If your existing unit is subject to title V as a result of some triggering requirement(s) other than those specified in paragraphs (a) and (b) of this section (for example, a unit may be a major source or part of a major source), then your unit may be required to apply for a title V permit prior to the deadlines specified in paragraphs (a) and (b). If more th an one requirement triggers a source's obligation to apply for a title V permit, the 12-month timeframe for filing a title V permit application is triggered by the requi rement which first causes the source to be subject to title V. (S ee section 503(c) of the Cl ean Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).) (d) A “complete” title V permit application is one that has been determined or deemed complete by the relevant permitting authority under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). You must submit a complete permit application by the releva nt application deadline in order to operate after this date in compliance w ith Federal law. (See sections 503(d) and 502(a) of the Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

MODEL RULE—DEFINITIONS

60.5250 What definitions must I know? Terms used but not defined in this subpart ar e defined in the Clean Air Act and Sec. 60.2.

Administrator means:57 (1) For units covered by the Federal pl an, the Administrator of the EPA or his/her authorized representative. (2) For units covered by an approved stat e plan, the director of the state air pollution control agency or his/ her authorized representative. Affected source means a sewage sludge incinera tion unit as defined in Sec. 60.5250. Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regardi ng which the defendant has the burden of proof, and the merits of which are independent ly and objectively evaluated in a judicial or administrative proceeding. Auxiliary fuel means natural gas, liquefied petroleu m gas, fuel oil, or diesel fuel. Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric fi lter (i.e., baghouse) in order to detect bag failures. A bag leak detection system includes, but is not limited t o, an instrument that operates on triboelectric, light scattering, light transmittance, or other principle to monitor relative particulate matter loadings. Bypass stack means a device used for discharging combustion gases to avoid severe damage to the air pollution cont rol device or other equipment. Calendar year means 365 consecutive days starting on January 1 and ending on

December 31. Continuous automated sampling system means the total equipment and procedures for automated sample collection and sample recovery/analysis to determine a pollutant concentration or emission rate by collecting a single integrated sample(s) or multiple integrated sample(s) of the pollutant (or di luent gas) for subsequent on- or off-site analysis; integrated sample(s) collected are re presentative of the emissions for the sample time as specified by the applicable requirement. Continuous emissions monitoring system means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility. Continuous monitoring system (CMS) means a continuous emissions monitoring system, continuous automated sampling system, continuo us parameter monitoring system or other manual or automatic monitoring that is us ed for demonstrating compliance with an applicable regulation on a con tinuous basis as defined by this subpart. The term refers to the total equipment used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. Continuous parameter monitoring system means a monitoring system for continuously measuring and recording operating cond itions associated with air pollution control device systems (e.g., operating te mperature, pressure, and power).

Deviation means any instance in which an affected source subject to th is subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emissi on limit, operating limit, or operator qualification and accessib ility requirements. (2) Fails to meet any term or condi tion that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Dioxins/furans means tetra- through octa-chlor inated dibenzo-p-dioxins and

dibenzofurans.58 Electrostatic precipitator or wet electrostatic precipitator means an air pollution control

device that uses both electrical forces and, if applicable, wate r to remove pollutants in the exit gas from a sewage sludge incinerator stack. Existing sewage sludge incineration unit means a sewage sludge incineration unit the construction of which is commenced on or before October 14, 2010. Fabric filter means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse.
Fluidized bed incinerator means an enclosed device in which organic matter and inorganic matter in sewage sludge are combuste d in a bed of particles suspended in the combustion chamber gas. Malfunction means any sudden, infrequent, and not r easonably preventabl e failure of air pollution control and monitoring equipment, pr ocess equipment, or a process to operate

in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Modification means a change to an existing SSI unit later than September 21, 2011 and

that meets one of two criteria: (1) The cumulative cost of the cha nges over the life of the unit exceeds 50 percent of the original cost of building and inst alling the SSI unit (not including the cost of land) updated to current costs (current dollars). To determine what systems are within the boundary of the SSI unit used to calculate these costs, see the definition of SSI unit. (2) Any physical change in the SSI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which section

129 or section 111 of the Clean Air Act has established standards. Modified sewage sludge incineration unit means an existing SSI unit that undergoes a modification, as defined in this section. Multiple hearth incinerator means a circular steel furnace th at contains a number of solid refractory hearths and a central rotating shaft; rabble arms that are designed to slowly rake the sludge on the hearth ar e attached to the rotating shaf t. Dewatered sludge enters at the top and proceeds downward through the fu rnace from hearth to hearth, pushed along by the rabble arms. Operating day means a 24-hour period between 12:00 midnight and the following midnight during which any amount of sewage sl udge is combusted at any time in the SSI

unit.

Particulate matter means filterable particulate matter emitted from SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or Methods 26A or 29 at 40 CFR part 60, appendix A-8. Power input to the electrostatic precipitator means the product of the test-run average secondary voltage and the test-run average secondary amperage to the electrostatic precipitator collection plates. Process change means a significant permit revision, but only with respect to those pollutant-specific emission units for which the proposed permit revi sion is applicable, including but not limited to: (1) A change in the process employed at the wastewater treatment facility associated with the affected SSI unit (e.g., the addition of tertiary59 treatment at the facility, which chan ges the method used for disposing of process solids and processing of the sludge prior to incineration). (2) A change in the air pollution control devices used to comply with the emission limits for the affected SSI unit (e.g., change in the sorbent used for activated carbon injection). Sewage sludge means solid, semi-solid, or liquid re sidue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a mate rial derived from sewage sludge. Sewage sludge does not include ash ge nerated during the firing of sewage sludge in a sewage sludge incineration unit or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge feed rate means the rate at which sewage sludge is fed into the incinerator

unit. Sewage sludge incineration (SSI) unit means an incineration unit combusting sewage sludge for the purpose of reducing the vol ume of the sewage sludge by removing combustible matter. Sewage sludge incinera tion unit designs include fluidized bed and multiple hearth. A SSI unit also includes, but is not limited to, the sewage sludge feed system, auxiliary fuel feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. Th e SSI unit includes all ash handling systems connected to the bottom ash handling syst em. The combustion unit bottom ash system ends at the truck loading station or simila r equipment that transfers the ash to final disposal. The SSI unit does not include ai r pollution cont rol equipment or the stack.

Shutdown means the period of time after all sewa ge sludge has been combusted in the primary chamber.

Solid waste means any garbage, refuse, sewage sludge from a waste treatment plant, water supply treatment plant, or air pollution co ntrol facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, agricultural operations, and from commun ity activities, but does not

include solid or dissolved materi al in domestic sewage, or so lid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits

under section 402 of the Federal Water Polluti on Control Act, as amended (33 U.S.C. 1342), or source, special nuclear, or bypr oduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).

Standard conditions , when referring to units of measur e, means a temperature of 68 oF (20 oC) and a pressure of 1 atmosphere (101.3 kilopascals). Startup means the period of time between the activation, including the firing of fuels (e.g., natural gas or distillate oil), of the system and the first feed to the unit. Toxic equivalency means the product of the concentrati on of an individual dioxin isomer

in an environmental mixture and the co rresponding estimate of the compound-specific toxicity relative to tetrachlor inated dibenzo-p-dioxin, referred to as the toxic equivalency factor for that compound. Table 5 to this subpart lists the toxic equivalency factors.

Wet scrubber means an add-on air pollution control de vice that utilizes an aqueous or alkaline scrubbing liquid to co llect particulate matter (incl uding non-vaporous metals and condensed organics) and/or to ab sorb and neutralize acid gases.

You means the owner or operator of an affected SSI unit.606162636465 

# APPENDIX B66 

## Missouri Air Conservation Law, s ections 643.010 -643.070, RSMo

643.010. This chapter shall be known and ma y be cited as the "Missouri Air

Conservation Law".
(L. 1965 p. 335 § 1) *Transferred 1986; formerly 203.010

Definitions. 643.020. When used in this chapter and in stan dards, rules and regulations promulgated under authority of this chapter, the following words and phrases mean: (1) "AHERA", Asbestos Hazard Emerge ncy Response Act of 1986 (P.L. 99-519); (2) "Abatement project designe r", an individual who designs or plans AHERA asbestos abatement; (3) "Air cleaning device", any method, proce ss, or equipment which removes, reduces, or

renders less obnoxious air contaminants discharged into ambient air; (4) "Air contaminant", any particulate matte r or any gas or vapor or any combination thereof; (5) "Air contaminant source", any and all sour ces of air contaminants whether privately or publicly owned or operated; (6) "Air pollution", the presence in the ambien t air of one or more air contaminants in quantities, of characteristics and of a duration which direc tly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoym ent of life or use of property; (7) "Ambient air", all space outside of buildings, stacks, or exterior ducts; (8) "Area of the state", any geographi cal area designated by the commission; (9) "Asbestos", the asbestifor m varieties of chrysotile, cr ocidolite, amosite, anthophyllite, tremolite and actinolite; (10) "Asbestos abatement", the encapsulation, enclosure or removal of asbestoscontaining materials in or from a building or air contaminan t source, or preparation of friable asbestos-containing mate rial prior to demolition; (11) "Asbestos abatement contractor", a ny person who by agreement, contractual or otherwise, conducts asbestos abatement project s at a location other th an his own place of business; (12) "Asbestos abatement projects", an activity undertaken to enca psulate, enclose or remove one hundred sixty square feet or two hundr ed sixty linear feet or thirty-five cubic feet or more of regulated asbestos-contain ing materials from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or more of regulated asbestos-containing materials; (13) "Asbestos abatement supervisor", an indi vidual who directs, c ontrols, or supervises

others in asbestos abatement projects; (14) "Asbestos abatement worker", an indi vidual who engages in asbestos abatement projects; (15) "Asbestos air sampling professional", an individual who by qualifications and experience is proficient in asbestos abat ement air monitoring. The individual shall67 conduct, oversee or be responsible for air monitoring of asbestos abatement projects before, during and after the pr oject has been completed; (16) "Asbestos air sampling technician", an individual who has been trained by an air sampling professional to do air monitoring. Such individual conducts air monitoring of an asbestos abatement project before, during a nd after the project ha s been completed; (17) "Asbestos-containing mate rial", any material or produc t which contains more than one percent asbestos; (18) "Class A source", either a class A1, A2 or A3 source as defined in this section; (19) "Class A1 source", any air contaminant source with the pot ential to emit equal to or greater than one hundred tons per year of an air contaminant; (20) "Class A2 source", any ai r contaminant source, which is not a class A1 source, and with the potential, air cleaning devices not c onsidered, to emit equal to or greater than one hundred tons per year of an air contaminant; (21) "Class A3 source", any air contaminant source which emits or has the potential to emit, ten tons per year or more of any hazar dous air pollutant or tw enty-five tons of any combination of hazardous air pollutants, or as defined pursuant to Section 112 of the federal Clean Air Act, as amended, 42 U.S.C. 7412; (22) "Class B source", any air contaminant s ource with the potential , air cleaning devices not considered, to emit equal to or greater than the de minimis amounts of an air contaminant established by the comm ission, but not a class A source; (23) "Commission", the air c onservation commission of the st ate of Missouri created in section 643.040; (24) "Competent person", as defined in the United States Occupational Safety and Health Administration's (OSHA) standard 29 CF R 1926.1101(b). Such person shall also be a certified asbestos abatement supervisor; (25) "Conference, conciliation and persuasi on", a process of verbal or written communications consisting of meetings , reports, correspondence or telephone conferences between authorized representa tives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the depa rtment. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate th e alleged violation and shall attempt to agree upon a plan to achieve compliance; (26) "De minimis source", any air contamin ant source with a potential to emit an air contaminant, air cleaning devices not cons idered, less than that established by the commission as de minimis for the air contaminant; (27) "Department", the department of natu ral resources of the state of Missouri; (28) "Director", the director of th e department of na tural resources; (29) "Emergency asbestos project", an as bestos project that must be undertaken immediately to prevent imminent, severe, human exposure or to restore essential facility operation; (30) "Emission", the discharge or release into the atmos phere of one or more air contaminants; (31) "Emission control regulations ", limitations on the emission of air contaminants into the ambient air; (32) "Friable asbestos-contai ning material", any material containing more than one percent, as determined by either the method specified in appendix E, section 1 Polarized68 Light Microscopy in 40 CFR Part 61, Subpa rt M or EPA/600/R-93/116 Method for the Determination of Asbestos in Bulk Building Materials, asbestos that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure; (33) "Grinding", to reduce to powder or small fragments and includes mechanical chipping or drilling; (34) "Inspector", an individual who colle cts and assimilates information used to

determine whether asbestos-con taining material is present in a building or other air contaminant sources; (35) "Management planner", an individual, under AHERA, who devises and writes plans for asbestos abatement; (36) "Minor violation", a violation which possesses a small potential to harm the

environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmenta l Protection Agency as other than minor; (37) "Nonattainment area", any area designa ted by the governor as a "nonattainment

area" as defined in the federal Clean Air Act, as amended, 42 U.S.C. 7501; (38) "Nonfriable asbestos-cont aining material", any materi al containing more than one percent asbestos as determined by either th e method specified in appendix E, section 1 Polarized Light Microscopy in 40 CFR Pa rt 61, Subpart M or EPA/600/R-93/116 Method

for the Determination of Asbestos in Bulk Building Materials, that , when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure; (39) "Person", any individual, partnership, copartnership, fi rm, company, or public or private corporation, associati on, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties; (40) "Regulated asbestos-contai ning material" or "RACM": (a) Friable asbestos-c ontaining material; (b) Category I nonfriable asbest os-containing material that wi ll be or has been subjected to sanding, grinding, cutti ng, or abrading; or (c) Category II nonfriable asbe stos-containing materi al that has a high probability of becoming or has become crumbled, pulveri zed, or reduced to powder by the forces expected to act on the material in the c ourse of demolition or renovation operations; (41) "School district", seven- director districts, urban sc hool districts, and metropolitan school districts, as defined in section 160.011; (42) "Small business", for the purpose of sections 643.010 to 643.355, a small business shall include any business regulat ed under this chapter, which is not a class A source and which employs less than one hundred people and emits less than fifty tons of any regulated pollutant per year a nd less than seventy-five tons of all regulated pollutants or as otherwise defined by the commission by rule.

(L. 1965 p. 335 § 2, A.L. 1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1989 H.B. 77, et al., A.L. 1992 S.B. 544, A.L. 1993 S.B. 80, et al., A.L. 1994 S. B. 590, A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.020

CROSS REFERENCE: Nonseverability clause, 640.099

Intent of law--commission to control air pollution. 643.030. The discharge into the ambient air of air contaminants so as to cause or contribute to air pollution is contrary to the public policy of Missouri and in violation of69 this chapter. It is the intent and purpose of this chapter to maintain purity of the air resources of the state to protect the healt h, general welfare and physical property of the people, maximum employment and the full i ndustrial development of the state. The commission shall seek the accomplishment of this objective through the prevention,

abatement and control of air pollution by all practical and eco nomically feasible methods.

(L. 1965 p. 335 § 3) *Transferred 1986; formerly 203.030

Air conservation commission created--members, terms, expenses, meetings. 643.040. 1. There is created hereby an air pollu tion control agency to be known as the

"Air Conservation Commission of the Stat e of Missouri", whose domicile for the purposes of sections 643.010 to 643.355 is the de partment of natura l resources of the

state of Missouri. The commission shall co nsist of seven members appointed by the governor, with the advice and consent of the senate. No more than four of the members shall belong to the same political party and no two members shall be a resident of and

domiciled in the same senatori al district. At the first mee ting of the commission and at yearly intervals thereafter, th e members shall select from among themselves a chairman

and a vice chairman. 2. All members shall be representative of the general interest of th e public and shall have an interest in and knowledge of air conser vation and the effects and control of air

contaminants. At least three of such member s shall represent agricu ltural, indus trial and labor interests, respectively. The governor shall not appoint any other person who has a

substantial interest as defined in secti on 105.450 in any business en tity regulated under this chapter or any business en tity which would be regulated under this chapter if located

in Missouri. The commission shall establis h rules of procedure which specify when members shall exempt themselves from par ticipating in discussions and from voting on

issues before the commission due to potential conflic t of interest.

3. The members' terms of office shall be four years and until their successors are selected and qualified, except that the term s of those first appointed sha ll be staggered to expire at intervals of one, two and thr ee years after the date of appointment as designated by the governor at the time of appointment. There is no limitation of the number of terms any appointed member may serve. If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties. 4. The commission shall hold at least nine regul ar meetings each year and such additional regular meetings as the chairman deems desirable at a place and time to be fixed by the chairman. Special meetings may be calle d by three members of the commission upon delivery of written notice to each member of the commission. Reasonable written notice of all meetings shall be given to all members of the commission. Four members of the commission shall constitute a quorum. All pow ers and duties conferred upon members of the commission shall be exercised personall y by the members and not by alternates or representatives. All actions of the commission shall be ta ken at meetings open to the public, except as provided in chapter 610. Any member ab sent from four regular commission meetings per calendar year for a ny cause whatsoever shall be deemed to70 have resigned and the vacancy shall be fille d immediately in accordance with subsection

1 and subsection 3 of this section.

(L. 1965 p. 335 § 4, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590, A.L. 1998 H.B. 1601, et al., A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.040

CROSS REFERENCE: Nonseverability clause, 640.099

Powers and duties of commission--rules, procedure. 643.050. 1. In addition to any other powers vest ed in it by law the co mmission shall have the following powers: (1) Adopt, promulgate, amend and repeal ru les and regulations c onsistent with the general intent and purpose s of sections 643.010 to 643.355, chapter 536, and Titles V and VI of the federal Clean Air Act, as ame nded, 42 U.S.C. 7661, et seq., including but not

limited to: (a) Regulation of use of e quipment known to be a source of air contamination; (b) Establishment of maximum quantities of air contaminants that may be emitted from any air contaminant source; and (c) Regulations necessary to enforce the provisions of Title VI of the Clean Air Act, as amended, 42 U.S.C. 7671, et seq., regarding any Class I or Class II substances as defined therein; (2) After holding public hearings in accordan ce with section 643.070, establish areas of the state and prescribe air quality standard s for such areas giving due recognition to variations, if any, in the characteristics of different areas of the state which may be deemed by the commission to be relevant; (3) (a) To require persons e ngaged in operations which result in air pollution to monitor or test emissions and to file reports cont aining information relating to rate, period of emission and composition of effluent; (b) Require submission to the director for a pproval of plans and specifications for any article, machine, equipment, device, or ot her contrivance specified by regulation the use of which may cause or cont rol the issuance of air contaminants; but any person responsible for complying with the sta ndards established un der sections 643.010 to 643.355 shall determine, unless found by the dire ctor to be inadequate, the means, methods, processes, equipment and operation to meet the established standards; (4) Hold hearings upon appeals from orders of the director or from any other actions or

determinations of the director hereunder fo r which provision is made for appeal, and in connection therewith, issue subpoenas requiri ng the attendance of witnesses and the production of evidence reasonably relating to the hearing; (5) Enter such order or determ ination as may be necessary to effectuate the purposes of sections 643.010 to 643.355. In making its orde rs and determinations hereunder, the

commission shall exercise a sound discretion in weighing the equiti es involved and the advantages and disadvantages to the person involved and to those affected by air contaminants emitted by such person as set out in section 643.030. If any small business, as defined by section 643.020, requests inform ation on what would constitute compliance with the requirements of s ections 643.010 to 643.355 or any orde r or determination of the department or commission, the department sha ll respond with written criteria to inform the small business of the actions necessary for compliance. No enforcement action shall71 be undertaken by the department or commi ssion until the small business has had a period of time, negotiated with the depa rtment, to achieve compliance; (6) Cause to be instituted in a court of competent jurisdiction legal proceedings to compel compliance with any final order or determination entered by the commission or the director; (7) Settle or compromise in its discretion, as it may deem advantage ous to the state, any suit for recovery of any penalty or for compelling compliance with the provisions of any rule; (8) Develop such facts and make such investig ations as are consistent with the purposes of sections 643.010 to 643.355, and, in connectio n therewith, to enter or authorize any representative of the depart ment to enter at all reasona ble times and upon reasonable notice in or upon any private or public pr operty for the purpose of inspecting or investigating any condition which the commissi on or director shall have probable cause

to believe to be an air contaminant source or upon any private or public property having

material information relevant to said air contaminant source. The results of any such investigation shall be reduced to writing, a nd a copy thereof shall be furnished to the owner or operator of the property. No person shall refuse entry or access, requested for purposes of inspection under this provision, to an authorized representative of the department who presents appropriate cr edentials, nor obstruct or hamper the representative in carry ing out the inspection. A suitably re stricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge having jurisdiction to any such representative fo r the purpose of enabling him to make such inspection; (9) Secure necessary scientific, technical , administrative and operational services, including laboratory fac ilities, by contract or otherwise, with any educational institution, experiment station, or any board, department, or other agency of any political subdivision or state or the federal government; (10) Classify and identify air contaminants; and (11) Hold public hearings as required by sections 643.010 to 643.355. 2. No rule or portion of a rule promulgate d under the authority of this chapter shall become effective unless it has been promulga ted pursuant to the provisions of section

536.024. 3. The commission shall have the following duties with respect to the prevention,

abatement and control of air pollution: (1) Prepare and develop a general comprehens ive plan for the prevention, abatement and control of air pollution; (2) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of sections 643.010 to 643.355; (3) Encourage political subdivisions to handle air pollution problems within their respective jurisdictions to the extent possibl e and practicable and provide assistance to political subdivisions; (4) Encourage and conduct studies, investigations and research; (5) Collect and disseminate information and conduct education and training programs; (6) Advise, consult and cooperate with other agencies of the state, political subdivisions, industries, other states and the federal governme nt, and with interested persons or groups;72 (7) Represent the state of Missouri in all ma tters pertaining to in terstate air pollution including the negotiations of inte rstate compacts or agreements. 4. Nothing contained in sections 643.010 to 643.355 shall be deemed to grant to the commission or department any jurisdiction or authority wi th respect to air pollution existing solely within commercia l and industrial plants , works, or shops or to affect any aspect of employer-employee relationship s as to health and safety hazards. 5. Any information relating to secret proce sses or methods of ma nufacture or production discovered through any communication requir ed under this section shall be kept

confidential.

(L. 1965 p. 335 § 5, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.050

CROSS REFERENCE: Nonseverability clause, 640.099

Commission may adopt rules for complia nce with federal law--suspension, reinstatement--exemption, limitations. 643.055. 1. Other provisions of law notwithst anding, the Missouri air conservation commission shall have the authority to prom ulgate rules and regulations, pursuant to chapter 536, to establish standard s and guidelines to ensure that the state of Missouri is in compliance with the provisions of the fede ral Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.). The standards and gui delines so established shall not be any stricter than those required under the provisions of the federal Clean Air Act, as amended; nor shall those standards and guideli nes be enforced in any area of the state prior to the time required by the federal Clean Air Act, as amended. The restrictions of this section shall not apply to the parts of a state implementation plan developed by the commission to bring a nonattainment area into compliance and to maintain compliance

when needed to have a United States Envi ronmental Protection Agency approved state implementation plan. The determination of whic h parts of a state implementation plan are not subject to the restrictions of this secti on shall be based upon specific findings of fact by the air conservation commission as to the rules, regulations and criteria that are

needed to have a United States Environm ental Protection Agency approved plan.

2. The Missouri air conservation commission sh all also have the authority to grant exceptions and variances from the rules set under subsection 1 of this section when the person applying for the exception or variance can show that co mpliance with such rules: (1) Would cause economic hardship; or (2) Is physically impossible; or (3) Is more detrimental to the enviro nment than the variance would be; or (4) Is impractical or of insignifican t value under the existing conditions.

(L. 1979 S.B. 21 § 1, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590) *Transferred 1986; formerly 203.055

Powers and duties of director. 643.060. In addition to any other powers vested by law, the direct or shall have the following powers and duties:73 (1) Retain, employ, provide for, and comp ensate, within appropriations available therefor, such consultants, assistants, deputie s, clerks, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 643.010 to 643.355 and prescribe the times at which they shall be appointed and their powers and duties; (2) Accept, receive and administer grants or other funds or gifts from public and private agencies including the federal government fo r the purpose of carrying out any of the

functions of sections 643.010 to 643.355. The direct or shall apply for a ll available grants and funds authorized and distributed pursuant to Title XI of the federal Clean Air Act, as amended, 29 U.S.C. 1662e, for training, assistan ce and payments to eligible individuals. The director shall report annually to the gover nor and the general assembly the amount of

revenue received under Title XI of the Clean Ai r Act and the distributi on of such funds to eligible persons. Funds received by the director pursuant to this section shall be deposited

with the state treasurer and held and disbursed by him in accordance with the appropriations of the general assembly. The dir ector is authorized to enter into contracts as he may deem necessary for carrying out the provisions of sections 643.010 to 643.355; (3) Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 643.010 to 643.355; (4) Administer and enforce sections 6 43.010 to 643.355, investigate complaints, issue

orders and take all actio ns necessary to implemen t sections 643.010 to 643.355; (5) Receive and act upon reports, plans, speci fications and applications submitted under rules promulgated by the commission. Any pers on aggrieved by any action of the director under this provision shall be entitled to a h earing before the comm ission as provided in section 643.080. The commission may sustain, re verse, or modify any action of the director taken under this provi sion, or make such other order as the commission shall deem appropriate under the circumstances.

(L. 1965 p. 335 § 6, A.L. 1972 H.B. 1184, A. L. 1992 S.B. 544, A.L. 2011 H.B. 89) *Transferred 1986; formerly 203.060

CROSS REFERENCE: Nonseverability clause, 640.099

Commission to adopt rules, notice--public hearing. 643.070. 1. The commission shall adopt rules pursuant to chapter 536. The commission shall notify any air pollution control agency w ith a certificate of authority which may be affected by the rule and any person who ha s previously requested notice when the proposed rulemaking is submitted to the secretar y of state for public ation in the Missouri Register. In addition, any inte rested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulati ons, or standards. Any person heard or represented at the hearing or making written request for not ice shall be given written notice of the action of the commission with respect to the subject thereof. 2. Rules shall be approved after public hear ing and shall be approved in writing by at

least four members of the commission.74 3. Any rule or any amendment or repeal th ereof which is adopted by the commission may differ in its terms and provisions for particular types and cond itions of air pollution or air contamination, for particular air contaminant sour ces, and for particular areas of the state.

(L. 1965 p. 335 § 7, A.L. 1972 H.B. 1184, A. L. 1992 S.B. 544, A.L. 1993 S.B. 52) *Transferred 1986; formerly 203.07075 

# APPENDIX C76 

## State Rule : 

## 10 CSR 10-6.191, as published in CSR on April 30, 2013.777879 

# APPENDIX D80 

## Tables:

Source Inventory:

2011 Emission Factors:

Emission Factors as used in a nnual emission calculations; site sp ecific data is indicated by a shadowed box and bold, italicized font. State FIPS PLANT Facility Name Site Name Facility ID OwnerName Address City,State,Zip County #ofUnits Process Type

29 095 0039 Blue River

Treatment Plant Hawthorne MOBigBlueRive r City of Kansas City
(MO) 7300 Hawthorn Rd Kansas City,MO
64120 Jackson 3 Multiple Hearth

29 510 0053 Metropolitan St.

Louis Sewer District Bissell Point WW

Treatment Plant MOBissellPoint Metropolitan St.

Louis Sewer District 10 East Grand Avenue St. Louis,MO

63147 St. Louis
City 6 Multiple Hearth

29 189 0217 Metropolitan St.

Louis Sewer District Lemay WW Treatment

Plant MOLemay Metropolitan St.

Louis Sewer District 201 Hoffmeister

Avenue St. Louis,MO

63125 St. Louis
County 4 Multiple Hearth

29 095 0150 Rock Creek

Treatment Plant Independence MORockCreek City of

Independence 9600 Northledge Independence,

MO 64053 Jackson 1 Fluidized Bed

Pollutant/Site/EF Process Type PM Pb Cd Hg PCDD/PCDF (TMB) HCl NOx SO2 CO

Emission Factors - EP001 Multiple Hearth 0.640 0.060 0.037 0.004 9.30E-06 0.02 5.210 0.2* 0.600

Emission Factors - EP03 Multiple Hearth 0.362 0.002 0.037 0.004 9.30E-06 0.02 4.274 0.111 21.122
Emission Factors - EP04 Multiple Hearth 0.294 0.002 0.037 0.004 9.30E-06 0.02 4.197 1.069 25.766
Emission Factors - EP05 Multiple Hearth 0.330 0.001 0.037 0.004 9.30E-06 0.02 4.483 0.502 33.317
Emission Factors - EP06 Multiple Hearth 0.330 0.000 0.037 0.004 9.30E-06 0.02 4.488 0.138 24.697
Emission Factors - EP07 Multiple Hearth 0.600 0.002 0.037 0.004 9.30E-06 0.02 4.015 1.396 35.914

Emission Factors - EP 1-4 Multiple Hearth 0.220 0.003 0.037 0.004 9.30E-06 0.02 5.000 0.200 31.000

Emission Factors - EP1 Fluidized Bed 0.440 5.189E-05 0.004 0.003 1.38E-08 0.1 1.700 0.300 0.381
Shadowed Boxes with bolded, italicized values are Stack test/CEM derived , * - WebFire derived 2011 Emission Factors (lb pollutant/ton sludge)

Lemay (189-0217) Bissell Point (510-0053) Blue River (095-0039)

Rock Creek (095-0150)81 

### AP-42 Emission Factors

Applicable Emission factors, an excerpt fr om EPA’s AP-42 document, Chapter 2.2 Sewage Sludge Incineration, (Jan, 1995): Units of Measure: pounds of pollutant per ton of waste.

For Multiple Hearth:

Pollutants EF Controlled? Rating

PM 1.00E+02 No B

CO 3.10E+01 No C

Cd 3.70E-02 No B

Pb 1.00E-01 No B

Hg 4.42E-03 average controls E

SO2 2.80E+01 No B

NOx 5.00E+00 No C

HCl 2.00E-02 yes(venturi/imping/cyclone) E

Dioxins/Furans(tmb) 9.30E-06 No E

For Fluidized Bed:

Pollutants EF Controlled? Rating

PM 4.60E+02 No E

CO 2.10E+00 No E

Cd 4.40E-03 No E

Pb 4.00E-02 No E

Hg 3.20E-03 No E

SO2 3.00E-01 No E

NOx 1.70E+00 No E

HCl 1.00E-01 Yes (venturi/imping) E

DioxinsAverage(tmb) 3.23E-09 Yes/No (Venturi/Impingement/Uncontrolled)

E

FuransAverage(tmb) 3.64E-08 Yes (venturi/impingement) E

Source: http://www.epa.gov/ttnchie1/ol d/ap42/ch02/s02/fina l/c02s02_jan1995.pdf82 

### Emission Inventory Table:

Emission Limit Summary Table:

Increments of Progress Table: Site/Unit ID Process Type PM Pb Cd Hg PCDD/PCDF (TMB) HCl NOx SO2 CO

EP001 Multiple Hearth 0.654 0.061 0.038 0.005 9.506E-06 0.020 5.325 0.204 0.613

EP02* Multiple Hearth

- - -- - ---- EP03 Multiple Hearth 1.523 0.010 0.156 0.019 3.919E-05 0.084 18.012 0.467 89.015
EP04 Multiple Hearth 1.000 0.006 0.126 0.015 3.167E-05 0.068 14.290 3.639 87.732
EP05 Multiple Hearth 0.612 0.002 0.069 0.008 1.725E-05 0.037 8.316 0.931 61.806
EP06 Multiple Hearth 0.804 0.001 0.090 0.011 2.266E-05 0.049 10.934 0.337 60.166
EP07 Multiple Hearth 4.338 0.017 0.268 0.032 6.724E-05 0.145 29.028 10.093 259.657

8.278 0.036 0.708 0.085 1.780E-04 0.383 80.581 15.467 558.376

EP 1-4 Multiple Hearth 1.953 0.022 0.329 0.039 8.257E-05 0.178 44.394 1.776 275.240

EP1 Fluidized Bed 0.302 0.000 0.003 0.002 9.480E-09 0.069 1.167 0.206 0.261

19.466 0.156 1.786 0.215 4.481E-04 1.032 212.048 33.120 1392.867 *Bissell Point -EP02 is currently inactive. Italicized/Bolded values are based upon site specific data. Other values are based upon AP-42/FIRE data. Annual Actual Emissions (Based on 2011 Emission Factors and Throughputs, in tons per year)

Rock Creek (095-0150) Blue River (095-0039)

Bissell Point (510-0053)

Lemay (189-0217) Bissell Point Emission Totals

All Affected Sources-Emission Totals

March 21, 2016 or three years after
effective date of state plan approval,

whichever is earlier Control Plan Submittal Date

Final Compliance Date One year after effective date of State

Rule, 10 CSR 10-6.191 Increments of Progress83 

# APPENDIX E84 

## Public Notice – Printed from web page85 

# APPENDIX F86 

## Maps showing locations of affected sources:8788Order of Rulemaking

Compliant with 643

. 055 RSMo, the Missouri Air Conservation Commission has

determined that this action is needed to have a U

. S. Environmental Protection Agency approved State Implementation Plan

.

10 CSR 10-6.191 (new rule) Sewage Sludge Incinerators is hereby ADOPTED by the Missouri Air Conservation Commission this 5 th day of February, 2013

.

# ~~**::....:** . ............".

# .L--(,..&.a**",", Vt.../**  c=--

____

# ",--=-**_---** Vice Chairman

# ~J~~~'-----./--l-)**--J.-=R~=======-=--- ,**  Member

# / _ , Member

________ __ ________ __ _____________ ,Member

____________________________ __ ___ ,Member

__________ __ _____________________ , Member

# -------------------------- -- ---- Compliant with 643.055 RSMo, the Missouri Air Conservation Commission

has determined that this action is needed to have a U.S. Environmental

Protection Agency approved State Implementation Plan

.

The Revision to Section III (d)1129 State Plan for Implementation ofthe
Sewage Sludge Incinerator Emission Guidelines for Missouri is hereby adopted by the Missouri Air Conservation Commission this 5 th 

### day of
February, 2013.

# -=----**----\- ---I'---A--7-~--r--**  , Chairman

# ~c.>.-o<-**, -'L.** **..l.-.S-La.L~ --"-1.** **"::,, ./** 
___ , Vice Chairman



# .......

# ~4~::.t..-'**.d"-4t",=-d-JL-~~~":=:=:::=========--- '**  Member

# ~~4!~~**_'Member**

__ __ __ __ ______ ____ ______________ ,Member

____ __ ______________ __ __________ , Member

, Member1 Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>
Sent: Friday, November 02, 2012 4:22 PM
To: Bechtel, Cheri Subject: Courtesy Copy: Missouri Air Conservati on Commission to hold public hearing on 12/6/2012

This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (394 recipients)

Having trouble viewing this email? View it as a Web page

.

Below is a notice for items being presented for public hearing at the December 6, 2012 Missouri Air Conservation Commission meeting. If you have any questions, pleas e contact Wendy Vit with the Air Pollution Control Program at (573) 526-3167 or wendy.vit@dnr.mo.gov

.

MISSOURI AIR CONSER VATION COMMISSION

WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, December 6, 2012 beginning at 9 a.m. at the Elm Street Conference Cent er, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s):

* 10 CSR 10-6.368 (rescission) Control of Mercury Emissions From Electric Generating Units

* 10 CSR 10-6.191 (new rule) Sewage Sludge Incinerators

* Clean Air Act Section 111(d)/129 Stat e Plan Revision — Section 111(d)/129 State Plan for Implementation of the Sewage Sludge Inci nerator Emission Guidelines for Missouri

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public

N otices section of the program web site http://dnr.mo.gov/env/ap cp/public-notices.htm . This information will be available at least 30 days pr ior to the public hearing date.

The Department will accept written or email comme nts for the record until 5 p.m. on December 13, 2012. Please send written comments to Chief, Air Quality Planning Section, Air Polluti on Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments ma y be submitted via the program web site noted above. All written and email comments and public hearing testimony will be equally considered.2 Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 526-3420. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

Update your subscriptions, modify your password or email address, or st op subscriptions at any time on your Subscriber Preferences Page . You will need to use your email addre ss to log in. If you have questions or

p roblems with the subscription service, please contact support@govdelivery.com

.

This service is provide d to you at no charge by Missouri DNR

.Jay Nixon, Governor Sara Parker Pauley, Director



## Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comments are being accepted as noted at th e end of the proposed rulemaking under the Notice of Public Hearing an d Notice to Submit Comments heading. To submit comments electronically, use the links below the rule or to submit written comments see the address

below.

10 CSR 10-6.191 ( new rule ) Sewage Sludge Incinerators

This proposed rule will incorporat e by reference the regulatory re quirements of 40 CFR 60, Subpart MMMM—Emission Guidelines and Compliance Times for Ex isting Sewage Sludge In cineration Units which was promulgated by the U.S. Environmenta l Agency (EPA) in March 2011 (76 FR 15372). Incorporation of this federal regulation into a st ate rule will shift enforcement auth ority for existing sewage sludge

incineration units from EPA to the state of Missouri.

Proposed Rulemaking - Published in October 1, 2012 Missouri Register.

Additional Information on this rulemaking.

Submit comments now
Submit written comments

Comments about this rulemaking will be accept ed through close of business Dec. 12, 2012.

10 CSR 10-6.368 (rescission) Contro l of Mercury Emissions From Electric Generating Units

This rule is being proposed for rescission because th e federal Clean Air Mercury Rule (CAMR) that is the

basis for this rule has been vacated and removed from the Code of Federal Regulations.

Proposed Rulemaking - Published in October 1, 2012 Missouri Register.

Submit comments now
Submit written comments

Comments about this rulemaking will be accept ed through close of business Dec. 12, 2012.

Submit written comments abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program

P.O. Box 176 Jefferson City, MO 65102-0176

Back to top Pa g e 1 of 1 Rulemakin g s on Public Notice - DNR

10/30/2012 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htmJay Nixon, Governor Sara Parker Pauley, Director



## Air Pollution Control Program

State Plan Actions

On Public Notice | Proposed fo r Adoption

On Public Notice

Clean Air Act Section 111(d)/129 Stat e Plan Revision — Section 111(d)/129 State Plan for Implementation of the Sewage Sludge Incinerator Emission Guidelines for Missouri

This plan was developed to demonstrate that the stat e of Missouri has the legal authority and enforceable mechanism in place to implement and enforce the Emi ssion Guidelines and Compli ance Times as set forth by the EPA in 40 CFR 60, Subpart MMMM for existing Sewage Sludge Incinerators. The plan references legal authority established in chap ter 536 of the Revised Statutes of Missouri (RSMo) and the enforceable mechanism provided by the proposed new state rule, 10 CSR 10-6.191 Sewage Sludge Incinerators. This plan provides source and emission inventories of affected existing se wage sludge incinerators in the

state. It also establishes emission limits, operatin g requirements and compliance times that are consistent with the federal emission guidelines as promulgated.

Clean Air Act Section 111( d)/129 State Plan Revision Appendix A Appendices B through F

Submit Comments Now

Comments about this plan action will be acce pted through close of business Dec. 13, 2012

Back to top

Proposed for Adoption

None at this time.

Back to top Pa g e 1 of 1 State Plan Actions on Public Notice - DNR

11/1/2012 htt p ://www.dnr.mo. g ov/env/a p c p /state p lanrevisions.htmPUBLIC HEARING 12/6/2012

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1

1 STATE OF MISSOURI

MISSOURI AIR CONSERVATION COMMISSION

2 Elm Street Conference Center

1730 East Elm Street

3 Bennett Springs Conference Room

Jefferson City, Missouri 65101

4

5

TRANSCRIPT OF PROCEEDINGS

6

PUBLIC HEARING

7

BEFORE

8 Ron Boyer, Vice Chairman

Mark Garnett, Commissioner

9 Gary Pendergrass, Commissioner

Jack Baker, Commissioner

10

DECEMBER 6, 2012

11

(Commencing at 9:30 a.m.)

12

13

14

15

16

17

18

19

20

21

REPORTED BY:

22 Patsy A. Hertweck, C. R.

Midwest Litigation Service

23 3432 West Truman Boulevard, Suite 207

Jefferson City, Missouri 65109

24 573-636-7551

800-280-3376

25PUBLIC HEARING 12/6/2012

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 8

1 MR. PAYNE: Mr. Chairman, members of

2 the Commission, my name is Stan Payne.

3 I am employed with the Missouri Department

4 of Natural Resources' Air Pollution Control Program. I

5 work at 1659 East Elm Street in Jefferson City, Missouri.

6 I'm here to present testimony for the

7 proposed Rule 10 CSR 10-6.191 Sewage Sludge Incinerators.

8 The rule information starts on page 101 of the briefing

9 document.

10 This rulemaking will incorporate by

11 reference the regulatory requirements of 40 CFR 60, Subpart

12 MMMM -- Emission Guidelines and Compliance Times for

13 Existing Sewage Sludge Incineration Units, which was

14 promulgated by the U. S. Environmental Protection Agency in

15 March 2011. Existing Sewage Sludge Incineration units are

16 those that commenced construction on or before October 14,

17 2010.

18 40 CFR 60, Subpart MMMM regulates emissions

19 from existing SSI units and allows state air quality

20 programs to submit state plans for the regulation of

21 existing SSI units in their state in lieu of regulation

22 under a federal plan. Subpart MMMM contains a model rule

23 for states to incorporate into their state plan that

24 includes provisions for:

25 - Increments of progress toward compliance;PUBLIC HEARING 12/6/2012

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 11

1 Ashley Jurgensmeyer.

2 (Thereupon, the witness was sworn on

3 his oath by the court reporter, and testified as

4 follows:)

5 MS. JURGENSMEYER: Mr. Chairman,

6 members of the Commission. My name is Ashley Jurgensmeyer.

7 I am employed with the Missouri Department of Natural

8 Resources' Air Pollution Control Program. I work at 1659

9 East Elm Street, Jefferson City, Missouri. I am here to

10 present testimony for a proposed revision to the Missouri

11 111(d)/129 State Plan, specifically the inclusion of the

12 Section 111(d)/129 State Plan for Sewage Sludge

13 Incinerators in Missouri. A plan summary begins on page

14 105 of your briefing document.

15 This State plan fulfills the requirements of

16 Sections 111(d) and 129 of the Clean Air Act for the

17 emission guidelines and compliance times for existing

18 Sewage Sludge Incinerators, or SSI, as promulgated by the

19 U. S. Environmental Protection Agency, or EPA, in March

20 2011. These guidelines are established in 40 CRF 60,

21 Subpart MMMM. Section 111(d) establishes general

22 requirements for the control of designated pollutants.

23 Section 129 requires emission guidelines to be promulgated

24 for all categories of solid waste incineration units,

25 including SSIs. Section 129 states that all planTitle 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED RULE

10 CSR 10-6.191 Sewage Sludge Incinerators . If the commissionadopts this rule action, it will be the department’s intention to submit this new rule to the U.S. Environmental Protection Agency for inclusion in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing sewage sludge incineration units inMissouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 76 FR 15372, dated March 21, 2011.

PUBLISHER’S NOTE: The secretary of state has determined thatthe publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no morethan the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies to each sewage sludge incineration (SSI) unit,as defined in section (2) of this rule, for which construction was commenced on or before October 14, 2010, except as provided in subsection (1)(C) of this rule.

(B) If the owner or operator of an SSI unit makes physical or operational changes to an SSI unit for which construction commenced on or before September 21, 2011, primarily to comply with this rule, 10 CSR 10-6.070 New Source Performance Regulations does not apply
to that unit.

(C) Exemptions to this rule are as follows:

1. Combustion units that incinerate sewage sludge and are not located at a wastewater treatment facility designed to treat domestic sewage sludge. Owners or operators of combustion units claiming exemption under this paragraph must notify the director; and 2. Any SSI unit that becomes subject to 10 CSR 10-6.070 New Source Performance Regulations because the owner or operator made changes after September 21, 2011, that meet the definition of modification, as defined in section (2) of this rule.

(2) Definitions.

(A) The provisions of 40 CFR 60.5250, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington,DC 20408. This rule does not incorporate any subsequent amendments or additions.

(B) Definitions of certain terms specified in this rule, other than those defined in subsection (2)(A) of this rule, may be found in 10
CSR 10-6.020.

(3) General Provisions. The following references to 40 CFR 60.5085 through 60.5225, 40 CFR 60.5240 through 60.5245, and 40 CFR 60, Subpart MMMM Tables 1 through 6, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW,Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(A) Increments of Progress—40 CFR 60.5085 through 60.5125; (B) Operator Training and Qualifications—40 CFR 60.5130 through 60.5160;

(C) Emission Limits, Emission Standards, and Operating Limits and Requirements—40 CFR 60.5165 through 60.5181;

(D) Initial Compliance Requirements—40 CFR 60.5185 through 60.5200;

(E) Continuous Compliance Requirements—40 CFR 60.5205 through 60.5215;

(F) Performance Testing, Monitoring, and Calibration Requirements—40 CFR 60.5220 through 60.5225;

(G) Title V Operating Permit—40 CFR 60.5240 through 60.5245;
and

(H) Table 1 though Table 6. The compliance dates for the increments of progress are— 1. For Increment 1, submit final control plan within one (1) year of the effective date of this rule; and 2. For Increment 2, final compliance by March 21, 2016.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.5230 through 40 CFR 60.5235, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408.This rule does not incorporate any subsequent amendments or additions.

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo Supp. 2011. Original rule filed Aug. 27, 2012

.

PUBLIC COST: This proposed rule will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the

aggregate.

PRIVATE COST: This proposed rule will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rule will begin at 9:00 a.m., December 6, 2012. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., December 13, 2012. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED RESCISSION

10 CSR 10-6.368 Control of Mercury Emissions From Electric Generating Units . This rule restricted the emission of mercury from electric generating units at power plants through a regional mercury trading program. This rulemaking will remove this rule because the federal Clean Air Mercury Rule (CAMR) regulations Page 1460 Proposed Rules October 1, 2012 Vol. 37, No. 19April 15, 2013 Vol. 38, No. 8

By the authority vested in the Public Service Commission under sections 386.250, 386.310, and 393.140, RSMo 2000, the commission

amends a rule as follows:

4 CSR 240-40.030 Safety Standards—Transportation of Gas by Pipeline is amended

.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 2, 2013 (38 MoReg 86–98). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: No comments were received.

Title 4—DEPARTMENT OF ECONOMIC
DEVELOPMENT
Division 240—Public Service Commission Chapter 40—Gas Utilities and Gas Safety Standards

ORDER OF RULEMAKING

By the authority vested in the Public Service Commission under sections 386.250, 386.310, and 393.140, RSMo 2000, the commission

amends a rule as follows:

4 CSR 240-40.080 Drug and Alcohol Testing is amended

.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 2, 2013 (38 MoReg 99). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES
Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2012, the commission adopts a rule as follows:

10 CSR 10-6.191 Sewage Sludge Incinerators is adopted

.

A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on October 1, 2012 (37MoReg 1460). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received ten (10) comments from four (4) sources: the City of Independence Water Pollution Control Department; the Association of Missouri Cleanwater Agencies; the City of Kansas City, Missouri, Water Services Department; and the Metropolitan St. Louis Sewer District. COMMENT #1: The City of Independence Water Pollution Control Department commented that they appreciate the program’s efforts to maintain state primacy in implementing the provisions of 40 CFR 60, subpart MMMM Emission Guidelines and Compliance Times forExisting Sewage Sludge Incineration Units, which is the federal regulation incorporated in 10 CSR 10-6.191. RESPONSE: The department’s Air Pollution Control Program thanks the City of Independence for their support of the proposed rule. No changes have been made to the rule text as a result of this

comment.

COMMENT #2: The City of Independence Water Pollution Control Department commented that the National Association of Clean Water Agencies (NACWA) initiated a lawsuit in 2011 seeking judicial review of the federal sewage sludge incinerator (SSI) rule. NACWAexpects final document submittal in January 2013 with oral arguments likely to occur in March or April of 2013. With the prospect of future legal proceeding on the federal SSI rule, the City of Independence requested assurance that regulated sources will not beexpected to comply with provisions of federal regulations incorporated in 10 CSR 10-6.191 that may be stayed as a result of legal
action. RESPONSE: The department’s Air Pollution Control Program does not intend to enforce any provisions of this rule, 10 CSR 10-6.191, that are incorporated by reference from any provisions of 40 CFR 60, subpart MMMM if they are subsequently stayed by legal action. This assurance is also provided by 643.055, RSMo, which prevents the state from being sooner or stricter than federal regulations andeffectively prevents Missouri from enforcing provisions of incorporated federal regulations that are not enforceable on a federal level.No changes have been made to the rule text as a result of this comment.

COMMENT #3: The City of Independence commented that the incorporated federal SSI rule includes requirements for SSI operatortraining and qualification that must be obtained through a stateapproved program or by completing an incinerator operator training course that includes an examination designed and administered by thestate-approved program. They requested the department keep regulated sources informed regarding plans for a state-approved SSI training program or available alternatives. RESPONSE: The department’s Air Pollution Control Program isdeveloping a plan to meet the state’s requirements for operator training and certification and will inform owners and operators of SSI units when the plan is available. No changes have been made to the
rule text as a result of this comment.

Due to the similarity in the following two (2) comments, one (1) response that addresses these comments is presented after the two (2)

comments. COMMENT #4: The Association of Missouri Cleanwater Agencies and the City of Kansas City, Missouri, Water Services Department commented that there is no requirement for the department to adopt the proposed rule at this time and requests deferral of the adoption until the lawsuit by NACWA is resolved.COMMENT #5: The Metropolitan St. Louis Sewer District commented that the proposed rule is not necessary and is not consistent with Missouri Air Conservation Law (MACL), the Missouri Administrative Procedures Act, and Titles V and VI of the federal Clean Air Act. The only requirement the state has at this time to comply with the new federal SSI rule is to submit a state plan to the U.S. Environmental Protection Agency (EPA) for EPA approval. The department should refrain from promulgating this proposed rule as it is unnecessary.RESPONSE: The proposed state rule is part of the state plan pursuant to federal rule 40 CFR 60, subpart MMMM. This federal rule establishes the requirement for regulation of existing SSI units under a state plan and mandates submission of a state plan to EPA no later Page 658 Orders of Rulemakingthan March 21, 2013. There is no provision in the federal rule for deferral of the state plan pending the outcome of any known or future legal proceedings. Therefore, the regulatory requirements of 40 CFR 60, subpart MMMM remain in effect even though legal action has been initiated, and these provisions are enforceable until such time as the court orders a stay, vacatur, or other similar action. As stated in the response to comment #2, the department’s Air Pollution Control Program will not enforce provisions of 10 CSR 10-6.191 that are stayed at the federal level. No changes have been made to the rule
text as a result of this comment.

COMMENT #6: The Association of Missouri Cleanwater Agencies; the City of Kansas City, Missouri, Water Services Department; and the Metropolitan St. Louis Sewer District requested that, if the department proceeds with the rulemaking, language be added to the rule to automatically stay its requirements if a court vacates or remands the incorporated federal rule, or if parties to litigation agree to a settlement agreement that invalidates all or part of the federal

rule.RESPONSE: Similar language to exempt provisions of an incorporated federal rule that are stayed was proposed in amendments to 10 CSR 10-6.070, 6.075, and 6.080 in June 2012 (37 MoReg 966-971). EPA objected to this language (37 MoReg 1610-1611) on the basis it may create confusion and cause additional concerns or issues. In addition, EPA noted that this language may function as a delegation of state authority to EPA or federal courts in litigation to which the department is not a party. Due to EPA’s objection, the language exempting provisions of the incorporated federal rule was deleted from the amendments to 10 CSR 10-6.070, 6.075, and 6.080 as adopted and similar language will not be added to the SSI rule. Regulated sources are assured they will not be expected to comply with provisions of incorporated federal regulations that are stayed, as stated in the response to comment #2. No changes have been made
to the rule text as a result of this comment.

Due to the similarity in the following three (3) comments, one (1) response that addresses these comments is presented after the three (3) comments. COMMENT #7: The Association of Missouri Cleanwater Agenciescommented that it is important that Missouri’s publicly-owned treatment works are not asked to spend significant sums to address the new emissions limits ahead of the court’s review of the validity of the EPA final rule. They disagree with the contention in the proposed rule that the public cost will be not more than five hundred dollars ($500) in the aggregate. If this is based on the department’s adoption of the federal rule, then it should be qualified to require a revisedfinancial analysis for any aspects of EPA’s final rule which are adopted by the department but later invalidated through ongoing litigation. COMMENT #8: The City of Kansas City, Missouri, Water Services Department suggested that the lack of fiscal note is problematic despite the department’s articulation that one is not necessary due to the existence of the federal rule. Real costs of Missouri adoption and permit implementation is not less than five hundred dollars ($500), as stated in the proposed rule. They reference 536.200.1, RSMo, which mandates the issuance of a fiscal note, and Attorney GeneralOpinion 21-92, which illustrates that fiscal notes are required for regulation that is imposed, mandated, or otherwise necessitated by thirdparties. A natural and logical extension can be made for a purported federal mandate or the state’s election to adopt a federal model

rule.COMMENT #9: The Metropolitan St. Louis Sewer District commented that the proposed rule will have real and costly impact on thefacilities impacted by the proposed rule. Early estimates of the district’s cost of compliance with this proposed rule include an initial cost of twenty-five to forty million dollars ($25M–40M) in addition to an ongoing annual cost of about one hundred thousand dollars ($100,000) per year. These costs have not been accounted for with the proposed rulemaking. RESPONSE: The proposed state rule adopts by reference the regulatory requirements of 40 CFR 60, subpart MMMM and imposes noadditional requirements. Compliance costs such as training, permitting, testing, record keeping, retrofitting controls, etc., were imposed on the owners and operators of regulated SSI units with the federal rule promulgated on March 21, 2011. The federal rule requires Missouri to submit a state plan for regulation of existing SSI units that is at least as protective as the federal rule, and the proposed state rule is the legal mechanism for enforcement of the state plan. In the absence of a state plan, EPA will develop a federal plan to implement the provisions of 40 CFR 60, subpart MMMM, and owners and operators of existing SSI units not covered under an approved stateplan would have to comply with the federal plan. Therefore, the proposed state rule does not contribute to the cost of compliance for the owners and operators of the regulated SSI units and a fiscal note is not required pursuant to 536.200.1, RSMo. Attorney General Opinion (AGO) 21-92 addresses fiscal notes that are required by536.200, RSMo, and is not relevant to this rulemaking since no fiscal note is required. However, this opinion does reconfirm that536.200 fiscal notes only include estimated costs attributable to proposed state rulemakings and not costs associated with the mandate requirements (in this case, the federal rule) which was subject to its own cost analysis. The department rulemaking information on theweb clearly stated that public agency costs were included in the federal rulemaking and that the state rulemaking will not impose any additional costs. No changes have been made to the rule text as a
result of this comment.

COMMENT #10: The Metropolitan St. Louis Sewer District commented the state’s approach for complying with the rule should propose economically-feasible methods for compliance with the federal rule in order to make it consistent with the general intent of the MACL. The proposed rule should be more narrowly tailored to meet the federal rule’s requirement of issuing a state plan outlining how the state will comply with the federal rule.RESPONSE: The federal rule implementing requirements for prevention, abatement, and control of SSI emissions is already promulgated, and incorporating its provisions into a state rule is the mostpractical and economically-feasible method of regulating SSI emissions in Missouri. The federal rule requires any deviation from thefederal rule to be as protective as the federal rule, while MACL prevents the state from being sooner or stricter than federal regulations. Therefore, the proposed state rule must implement the federal requirements without being stricter or more lax. No changes have
been made to the rule text as a result of this comment.

Title 10—DEPARTMENT OF NATURAL RESOURCES
Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2012, the commission rescinds a rule as follows:

10 CSR 10-6.368 Control of Mercury Emissions From Electric Generating Units is rescinded

.

A notice of proposed rulemaking containing the proposed rescission was published in the Missouri Register on October 1, 2012 (37 MoReg 1460–1461). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes effective thirty (30) days after publication in the Code of State Regulations

. Page 659 April 15, 2013 Vol. 38, No. 8 Missouri RegisterCOMMENTS AND RESPONSES ON

THE PROPOSED

SECTION 111(d)/ 129 STATE PLAN

FOR SEWAGE SLUDGE INCI NERATORS IN MISSOURI

AND

RECOMMENDATION FOR ADOPTION

On December 6, 2012, the Missouri Air Cons ervation Commission held a public hearing concerning the inclusion of the Section 111(d)/129 State Plan for Sewage Sludge Incinerators (SSI) to the Mi ssouri 111(d)/129 State Plan. The following is a summary of

comments received and the Mi ssouri Department of Natural Resources' corresponding responses. Any changes to the proposed plan addition are identified in the responses to

the comments.

The Missouri Department of Natural Re sources’ Air Pollution Control Program recommends the commission adopt the plan action as proposed. If the commission adopts this plan, it will be the department’s intention to submit this plan to the U.S. Environmental Protection Agency (EPA) for inclusion in the Missouri 111(d)/129 State

Plan.

SUMMARY OF COMMENTS: Th e Missouri Department of Natural Resources’ Air Pollution Control Program received eight (8) comments on the proposed state plan from three (3) sources: the Association of Missour i Cleanwater Agencies; the city of Kansas City, Missouri, Water Services Department; and the Metropolitan St. Louis Sewer

District.

COMMENT #1: The Association of Missouri Cleanwater Agencies; the city of Kansas City, Missouri, Water Services Department; and the Metropolitan St. Louis Sewer District commented that the federal rule only requires that the department issue a state plan outlining how the state will comply with the federal rule w ithout adoption of the proposed state rule. The plan need on ly identify enforceable mechanisms for implementing the guidelines and demonstrate the authority to carry out the plan. The plan could explain that the proposed rule will be issued after the conclusion of litigation over

EPA’s final rule. RESPONSE: The proposed state rule is a required part of the state plan, as the enforceable mechanism, pursuant to federa l rule 40 CFR 60, subpart MMMM. This

federal rule establishes the requirement for regulation of existing SSI units under a state plan and mandates submission of a state pl an to EPA no later than March 21, 2013. There is no provision in the federal rule for de ferral of the state plan pending the outcome of any known or future legal proceedings. Ther efore, the regulatory requirements of 40 CFR 60, subpart MMMM remain in effect ev en though legal action has been initiated,and these provisions are enforceable until such tim e as the court orders a stay, vacatur, or other similar action. The department’s Air Pollution Control Program does not intend to enforce any provisions of 10 CSR 10-6.191 that are incorpor ated by reference from any provisions of 40 CFR 60, subpart MMMM if they are subsequently stayed by legal

action. This assurance is al so provided by 643.055, RSMo, which prevents the state from being sooner or stricter than federal regulat ions and effectively prevents Missouri from enforcing provisions of incorporated federa l regulations that are not enforceable on a federal level. No changes have been made to the plan as a result of this comment.

Due to the similarity in the following two (2) comments, one (1) re sponse that addresses these comments is presented after the two (2) comments.

COMMENT #2: The Association of Missour i Cleanwater Agencies and the city of Kansas City, Missouri, Water Services Depa rtment, commented that the department and

the Commission should time the submittal of th e state plan to EPA so that EPA approval is unlikely to occur prior to March 21, 2013 (otherwise DNR will accelerate the federal compliance deadline which is three years from plan approval or March 21, 2016, whichever is earlier). SSIs will need the full measure of time (until March 21, 2016) to comply with the final rule.

COMMENT #3: The Association of Missour i Cleanwater Agencies and the city of Kansas City, Missouri, Water Services De partment, commented that the Increment 1 compliance date of one (1) year from the effec tive date of the rule could occur before the EPA has approved the state plan. RESPONSE: The final compliance date as established in 40 CFR 60, Subpart MMMM, is March 21, 2016, or three years after EP A approves the state plan, whichever is earlier. The state plan and rule will be submitted to EPA after they are adopted by the

commission. The intent is to submit th e plan and rule by March 21, 2013, to avoid a federal plan from being developed. The EPA then would have one year to approve the state plan, by March 21, 2014, in which case th e final compliance date would be March 21, 2016. The first increment of progress, which requires the submittal of a control plan, is due one year after the effective date of the state rule. Assuming the rule is published in the Code of State Regulations (CSR) in April 2013, with an anticip ated effective date in May 2013, the control plan would be due by May 2014, which would be after EPA’s deadline of March 2014 for approval of the state plan. No changes have been made to the plan as a

result of these comments.

COMMENT #4: The Metropolitan St. Louis Sewer District commented th at the state plan should propose economically feasible methods for compliance with the federal rule. RESPONSE: Pursuant to 40 CFR 60 Subpa rt MMMM, the state plan must be as protective as the federal emission guidelines. And 643.055, RSMo, prevents the state from being sooner or stricter than federal regul ations. Therefore, the state plan is neither

stricter nor more lax than the federal rules in establishing requirements and limits. The methods used in achieving compliance with the established limits are left to the

individual source’s discretion. No changes have been made to the plan as a result of this

comment.