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 Commission 
years from the date last approved or when a

modification occurs. In lieu of a full plan

update, a letter may be provided to the

department 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 prior

to 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 similar

instrument 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 or

industrial 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 demolition

of 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; and 

E. Planting and maintenance of vegetative ground cover.

(3) Exceptions. Section (1) shall not apply to

the following: 

(A) Those portions of unpaved public

roads 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 to

be 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 director

may 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 and

proper 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 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

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) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
JASON KANDER (4/30/13) CODE OF STATE REGULATIONS 109

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 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.

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 includes

requirements for operator training and qualification, waste management, compliance and

performance testing, monitoring, and reporting/record keeping.

PUBLISHER’S NOTE:  The secretary of state

has determined that the 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

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 rule

applies 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-quarter

basis 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 subject

to 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-quarter

basis of the weight of hospital waste and medical/infectious waste combusted, and the

weight 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 HMIWI

subject 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. Introduction ...................................................................................................... 1

II. Demonstration of Legal Authority and Identification of Enforceable State 

Mechanism for Implementing the Emission Guidelines. ................................ 2

III. Source Inventory of Affected Sewage Sludge Incinerators. ........................... 2

IV. Emission Inventory of Affected Sewage Sludge Incinerators......................... 4

V. Emission Limits. .............................................................................................. 5

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

VII. Testing, Monitoring, and Inspection Requirements. ....................................... 6

VIII. Reporting and Recordkeeping Requirements. ................................................. 7

IX. Operator Training and Qualification Requirements. ....................................... 7

X. Title V Permitting Requirements. .................................................................... 7

XI. Public Hearings. ............................................................................................... 7

XII. State Progress Reports to EPA. ....................................................................... 8

XIII. Final Compliance 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 Sewage Sludge Incineration Units 

(includes Model Rule) Source: 76 FR 15372, Mar. 21, 2011, unless 

otherwise noted.

B. Missouri Air Conservation Law, sections 643.010 -643.070, RSMo

C. State Rule: 10 CSR 10-6.191Sewage Sludge Incinerators 

D. Tables 

E. Notices of Public Hearings 

F. Maps 
1

I. Introduction 

On March 21, 2011, the U.S. Environmental 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 emission guidelines and compliance times using a 

state plan developed under sections 111(d) and 129 of the Clean Air Act. Section 111(d) 

establishes general requirements and procedures on state plan submittals for the control 

of designated pollutants. Section 111(d) allows for the individual 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 emission guidelines to be promulgated for all 

categories of solid waste incineration units, including SSI’s. Section 129 overrides the 

flexible nature of section 111(d), in that it mandates that all plan requirements be at least 

as protective and restrictive as the promulgated emission guidelines. This includes fixed 

final compliance date, fixed compliance schedules and title V permitting requirements for 

all affected sources. Section 129 also requires that state plans be submitted to EPA 

within one (1) year after EPA’s promulgation of the emission guidelines and compliance 

times. 

State plans must contain specific information 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 authority to carry out the sections 111(d) and 

129 state plan and identification of enforceable mechanisms for implementation. 

• An inventory of sources in the state affected by the emission guidelines, 

including to the best of the state's knowledge, 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 affected 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 three (3) years after the effective date of state plan 

approval, whichever is earlier. 

• Testing, monitoring, and inspection requirements at least as protective as those in 

the emission guidelines. 
2

• Performance testing, reporting, and recordkeeping 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 affiliations, if any, appearing at the hearing, and a brief 

written summary of each presentation or written submission. 

• Provision for state progress 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 state must submit the final plan to EPA. 

The EPA then has one year to approve or disapprove the state plan. Plan approval or 

disapproval will be published in the Federal Register. 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 health, general welfare and physical property of the 

people, maximum employment and the full industrial development of the state by 

preventing, abating and controlling air pollution by all practical and economically 

feasible methods. The Missouri Air Conservation Commission, more commonly referred 

to as the Commission or MACC, has the authority, 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 compliance with the provisions of 

the federal Clean Air Act. The specific powers and duties of the MACC are outlined in 

section 643.050, RSMo. A copy of the Missouri Air Conservation Law, sections 643.010-

643.070, RSMo, can be found in Appendix B. 

The State of Missouri will use a state rulemaking as the legal instrument to enforce these 

emission guidelines and compliance times. Missouri’s state rule incorporates 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 Sewage Sludge Incinerators. 

The emission guidelines in this plan apply to existing SSI units for which construction 

commenced on or before October 14, 2010. The applicability of affected units is detailed 
3

in 10 CSR 10-6.191 section (1), found in Appendix C. The definition of sewage sludge 

incineration unit is defined for this purpose in section (2) of 10 CSR 10-6.191, in 

Appendix C. Any exemptions are also detailed 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 ones designed to incinerate sewage sludge located at a 

wastewater treatment facility. 

Source inventory information was initially generated 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 compiled 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 information for facilities with construction 

and/or operating permits. The data is collected via annual Emission Inventory 

Questionnaires (EIQs), is quality assured for use by the Air Program, and the data is 

forwarded to EPA according to the requirements 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 incinerators and then checked 

for applicability with the emission guidelines. The affected source lists from the Air 

Program’s inventory and the EPA’s database were consistent. 

The Air Program also contacted other programs within the Division of Environmental 

Quality, including the Solid Waste Management Program, the Hazardous Waste 

Management Program, the Water Pollution Control Program, regional/satellite offices, 

and local agencies to verify that all sources potentially affected by the emission 

guidelines were included in the inventory. No additional sources were identified in this 

communication. 

 

A listing of the affected sources 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 regulation 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 Bed
4

Little Blue Valley (095-0186), Atherton WWTP’s SSI (EU6), was identified by EPA in 

its 2009 inventory. It has been removed from the 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 Construction 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 incinerator has a capacity of 36 dry tons per day 

(dtpd) and was designed for a 40 MGD (million gallons/day) wastewater treatment 

facility. In 2003, the AWWTP received a construction 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 incinerator with a 72 dtpd fluidized bed 

incinerator (EU16) that utilizes natural gas and diesel as supplementary fuels. The 

maximum hourly design rate of the incinerator 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 regulated by the NSPS (New Source Performance 

Standards), 40 CFR 60, Subpart LLLL, and is therefore not included in this 111(d)/129 

plan. 

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

F. 

IV. Emission Inventory of Affected Sewage Sludge Incinerators. 

An emissions inventory is included for the applicable 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 sludge, were used to calculate annual actual 

emissions, in tons per year. Most facilities supply this information via their EIQ, which is 

required to be submitted and/or updated annually 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 assurance check of the data used for this 

emission inventory, to update source information 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 emission 
5

inventory are: particulate matter (PM), carbon monoxide (CO), cadmium (Cd), lead (Pb), 

mercury (Hg), sulfur dioxide (SO2), hydrogen chloride (HCl), dioxins/furans (Total Mass 

Basis, TMB, or Toxic Equivalency, TEQ), and nitrogen oxides (NOx). 

Table 2: Emission Inventory

Bissell Point (510-0053) has an incinerator, EP-02, that is reported as inactive, with its 

last reported active emissions year being 2003; however, it is still capable of restarting. 

Therefore, if Bissell Point restarts EP-02 (Incinerator 1), it will also be regulated by the 

emission guidelines in this plan and the corresponding 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 later. It would also be required to meet the increments of 

progress if it is restarted before the final compliance date. The exact requirements that 

apply to this situation can be found in section 60.5120 of the Model Rule, in Appendix A. 

V. Emission Limits. 

Rule 10 CSR 10-6.191 and this plan establish emission limits for all nine (9) designated 

pollutants listed in the emission guidelines. These pollutants, as listed in the emission 

inventory, are: PM, CO, Cd, Pb, Hg, SO2, HCl, dioxins/furans (TMB or TEQ), and NOx. 

All of the limits are in units of concentration. Missouri’s sewage sludge incinerator rule 

is at least as protective as the emission guidelines because it primarily incorporates by 

reference the federal emission guidelines at 40 CFR 60, Subpart MMMM. As required 

by section 129 of the Clean Air Act, the emission limits are identical to those listed in the 

promulgated emission guidelines. These emission limits are found in subsection (3)(C) 

of rule 10 CSR 10-6.191, located in Appendix 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 Totals
6

 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 compliance date; the final date for all sources, 

regardless of the unit’s useful life expectancy, 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 continuous compliance determinations, periodic 

performance tests and monitoring of specific 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 Progress 
7

requirements for applicable SSIs. Any necessary 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 the reporting and recordkeeping requirements 

listed in section (4) of state 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 compliance within one year of the state plan’s 

effective approval date, as stated in Section VI. Compliance Schedules. Each facility 

must maintain records of the performance test and specified operating parameters for 

five (5) years. The facility must submit annual reports to the Air Program if it continues 

to be in compliance and semiannual reports if it exceeds emission standards or operating 

parameter limits. 

IX. Operator Training and Qualification 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 qualified SSI operator, an individual must pass an 

SSI operator training course that meets the requirements specified in the state rule. Each 

facility is required to develop 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-approved and effective 111(d)/129 state plan are 

required to apply for and obtain a title V operating 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 Program is required to hold a public hearing 

prior to adoption of this state plan and the subsequent submittal to the EPA. The Air 

Program will notify the public and other interested parties of an upcoming public hearing 
8

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’ Air Pollution Control Program website on 

November 2, 2012: http://dnr.mo.gov/env/apcp/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 the 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 started operation, emission inventory and compliance 

information, and copies of technical reports on all performance testing and monitoring, 

including concurrent process data. 

XIII. Final Compliance Date. 

All applicable sources identified in the source inventory are subject to the state plan 

and must be in compliance no later than the earlier of the following dates: three 

years after the effective date of state plan approval or March 21, 2016. 
9

APPENDIX A
10

40 CFR 60.5000, Subpart MMMM Emission Guidelines and 

Compliance Times for Existing Sewage 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 and 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 requirement 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 quality 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 guidelines 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 described in paragraphs (a)(1) through (a)(9) of 

this section in your state plan. 

(1) Inventory of affected SSI units, including those that have ceased operation but 

have not been dismantled. 

(2) Inventory of emissions from affected 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 contained in this subpart. 

(5) Performance testing, recordkeeping, and reporting requirements. 

(6) Certification that the hearing on the state plan was held, a list of witnesses and 

their organizational affiliations, if any, appearing at the hearing, and a brief written 

summary of each presentation or written submission. 

(7) Provision for state progress reports to EPA. 

(8) Identification of enforceable state mechanisms that you selected for implementing 

the emission guidelines of this subpart. 

(9) Demonstration of your state’s legal authority to carry out the sections 111(d) and 

129 state plan. 
11

(b) Your state plan may deviate from the format and content of the emission 

guidelines contained in this subpart. However, if your state plan does deviate in content, 

you must demonstrate that your state plan is at least as protective as the emission 

guidelines contained in this subpart. Your state plan must address regulatory 

applicability, increments of progress for retrofit, operator training and qualification, 

emission limits and standards, performance 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 Designated 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 declaration 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 withdrawn 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 declaration letters. Once your 

negative declaration letter has been received, 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 October 14, 2010 is found in your state, the 

Federal plan implementing the emission guidelines 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 construction 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 after 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 effective 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 for this subpart that apply instead of 

the requirements specified in subpart B? 

Yes. Subpart B establishes general requirements for developing and processing section 

111(d) 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 require all SSI units to 
12

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 this 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 compliance date in § 60.21(h)(1) and (5). This 

applies instead of the requirement of § 60.24(e)(1) that would require 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 acceptable 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 the Federal plan that meets the requirements 

of this section. This is the only other option for a state 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 hearing, and a brief written summary of each 

presentation or written submission. 

(4) A commitment to enter into a Memorandum of Agreement with the Regional 

Administrator that sets forth the terms, conditions, and effective date of the delegation 

and that serves as the mechanism for the transfer of authority. Additional guidance and 

information is given in EPA’s Delegation 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 approval of a delegation request for the revised 

Federal plan, provided the requirements of paragraph (a) of this section are met, and at 

the time of the delegation request, the state also requests withdrawal 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 alternatives 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 affect SSI unit owners and operators in your 

state. However, SSI unit owners and operators must comply with the state plan you 

develop to implement the emission guidelines 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 reaches compliance with all 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 commenced construction on or before October 14, 

2010. 

(2) SSI units that meet the definition 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 modifications under subpart LLLL of this part. 

60.5065 What SSI units are exempt from my state plan? 

This subpart exempts combustion units that incinerate sewage sludge and are not located 

at a wastewater treatment facility designed to treat domestic 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 requirements applicable to SSI units. The model 

rule provides these requirements in regulation format. You must develop a state plan that 

is at least as protective as the model rule. You may use the model rule language as part of 

your state plan. Alternative language may be used in your state plan if you demonstrate 

that the alternative language is at least as protective as the model rule contained in this 

subpart. 
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 the required elements of my state plan? 

Use the model rule to satisfy the state plan requirements specified in § 60.5015(a)(3) 

through (a)(5). 

60.5080 What are the principal components of the model rule? 

The model rule contains the nine major components listed in paragraphs (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 meeting 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 increments 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 compliance dates for each increment of progress. 

60.5095 What must I include in the notifications of achievement of increments of 

progress? 

Your notification of achievement of increments of progress must include the three items 

specified in paragraphs (a) through (c) of this section. 

(a) Notification that the increment of progress has been achieved. 

(b) Any items required to be submitted with each increment of progress. 

(c) Signature of the owner or operator of the SSI unit. 

60.5100 When must I submit the notifications of achievement of increments of 

progress? 
15

Notifications for achieving increments of progress 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 progress, you must submit a notification to the 

Administrator postmarked within 10 business days 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 includes the four items described in paragraphs 

(a)(1) through (a)(4) of this section. 

(1) A description of the devices for air 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 site-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 increment of progress for achieving final 

compliance? 

For the final compliance increment of progress, 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, all necessary process changes 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 increments of progress specified in Sec. 

60.5085. 

(b) If you close your SSI unit but will restart it after your final compliance date, you 

must complete emission control retrofits and meet the emission limits, emission 

standards, and operating limits on the 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 the date of closure, to the Administrator 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 other plant personnel who operate the unit. If 

all qualified SSI unit operators are temporarily not accessible, you must follow 

the procedures in Sec. 60.5155. 

(b) Operator training and qualification must be obtained through a state-approved 

program or by completing the requirements included in paragraph (c) of this 

section. 

(c) Training must be obtained by completing an incinerator operator training course 

that includes, at a minimum, the three elements described in paragraphs (c)(1) 

through (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, including types of emissions. 

(ii) Basic combustion principles, including products of combustion. 

(iii) Operation of the specific type of incinerator to be used by the 

operator, including proper startup, sewage sludge feeding, and 

shutdown procedures. 

(iv) Combustion controls and monitoring. 

(v) Operation of air pollution control equipment and factors affecting 

performance (if applicable). 

(vi) Inspection and maintenance of the incinerator and air pollution 

control devices. 

(vii) Actions to prevent malfunctions or to prevent conditions that may 

lead to malfunctions. 

(viii) Bottom and fly ash characteristics and handling procedures. 

(ix) Applicable Federal, State, and local regulations, including 

Occupational Safety and Health Administration workplace 

standards. 

(x) Pollution prevention. 

(2) An examination designed and administered by the state-approved 

program. 

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

reference material following 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 supervising the operation of the SSI unit. 

60.5140 How do I obtain my operator qualification? 

(a) You must obtain operator qualification by completing a training course that 

satisfies the criteria under Sec. 60.5130(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 paragraphs (a) through (e) of this 

section. 

(a) Update of regulations. 

(b) Incinerator operation, including startup and shutdown procedures, sewage sludge 

feeding, and ash handling. 

(c) Inspection and maintenance. 

(d) Prevention of malfunctions or conditions that may lead to malfunction. 

(e) Discussion of operating problems encountered by attendees. 

60.5150 How do I renew my lapsed operator qualification? 

You must renew a lapsed operator qualification before you begin operation of a SSI unit 

by one of the two methods specified in paragraphs (a) and (b) of this section. 

(a) For a lapse of less than 3 years, you must complete a standard annual refresher 

course described in Sec. 60.5145. 

(b) For a lapse of 3 years or more, you must repeat the initial 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 paragraph (a) or (b) of this section, depending on 

the length of time that a qualified operator is not accessible. 

(a) When a qualified operator is not accessible 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 within 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 accessible for 2 weeks or more, you must take 

the two actions that are described in paragraphs (b)(1) and (b)(2) of this section. 

(1) Notify the Administrator of this deviation in writing within 10 days. In the 

notice, state what caused this deviation, what you are doing to ensure that 

a qualified operator is accessible, and when you anticipate that a qualified 

operator will be accessible. 
18

(2) Submit a status report to the Administrator every 4 weeks outlining what 

you are doing to ensure that a qualified operator is accessible, stating 

when you anticipate that a qualified operator will be accessible, and 

requesting approval from the Administrator to continue operation of the 

SSI unit. You must submit the first status 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 resume 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 reviewing the information listed in Sec. 

60.5230(c)(1) with each qualified 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 information listed in Sec. 60.5230(c)(1) must be 

conducted within 6 months after the effective date of this subpart or prior 

to an employee's assumption of responsibilities for operation of the SSI 

unit, whichever date is later. 

(2) Subsequent annual reviews of the information listed in Sec. 60.5230(c)(1) 

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

MODEL RULE—EMISSION LIMITS, EMISSION STANDARDS, AND 

OPERATING LIMITS AND REQUIREMENTS 

60.5165 What emission limits and standards must I meet and by when? 

You must meet the emission limits and standards specified in Table 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 the 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 been cut off for a period of time not less than 

the sewage sludge incineration residence time). 

60.5170 What operating limits and requirements must I meet and by when? 

You must meet, as applicable, the operating limits and requirements specified in 

paragraphs (a) through (d) and (h) of this section, according to the schedule specified in 

paragraph (e) of this section. The operating parameters for which you will establish 
19

operating limits for a wet scrubber, fabric filter, 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 and 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 combustor 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 operating limit for minimum operating temperature 

of the combustion chamber (or afterburner combustion 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 emission 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 detection 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 specified in Sec. 0.5210(a)(2)(i). 

(d) You must meet the operating requirements 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 standard for fugitive emissions from ash 

handling. 

(e) You must meet the operating 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 delegation, as applicable. 

(f) You must monitor the feed rate and moisture content of the sewage sludge fed to 

the sewage sludge incinerator, as specified in paragraphs (f)(1) and (f)(2) of this 

section. 

(1) Continuously monitor the sewage sludge feed rate and calculate a daily 

average for all hours of operation during 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 specified 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, you 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 injection 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 required in Sec. 60.5175. 
20

60.5175 How do I establish operating limits if I do not use a wet scrubber, fabric 

filter, electrostatic precipitator, 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 other than a wet scrubber, fabric filter, 

electrostatic precipitator, activated carbon injection, or afterburner, 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 paragraphs (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 specific operating parameters, operating limits, and 

averaging periods to be established during the initial 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 conduct 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 paragraphs (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 relationship between these parameters and 

emissions of regulated pollutants, identifying how emissions of 

regulated pollutants change with changes in these parameters, and 

how limits on these parameters will serve to limit emissions of 

regulated pollutants. 

(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 those 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 periods 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 startup or shutdown. Use the measured CO 

concentration without correcting 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 defense 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 affirmative defense to a claim for civil 

penalties for exceedances of emission limits that are caused by malfunction, as defined in 

Sec. 60.2. Appropriate penalties may be assessed 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 for claims for injunctive relief. 

(a) To establish the affirmative defense in any action to enforce such a limit, you 

must timely meet the notification requirements in paragraph (b) of this section, 

and must prove by a preponderance of evidence 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, infrequent, and unavoidable failure of 

air pollution control and monitoring equipment, process 

equipment, or a process to operate in a normal or usual manner, 

and 

(ii) Could not have been prevented 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 recurring pattern indicative of inadequate 

design, operation, or maintenance, and 

(2) Repairs were made as expeditiously 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 from a bypass of control equipment or a 

process, then the bypass was unavoidable 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 systems were kept in operation if at 

all possible consistent with safety and good air pollution control practices, 

and 
22

(7) All of the actions in response to the excess emissions were documented by 

properly signed, contemporaneous 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 the primary causes of the malfunction 

and the excess emissions resulting from the malfunction event at issue. 

The analysis shall also specify, using best monitoring methods and 

engineering judgment, the amount of excess 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 malfunction, shall notify the Administrator by telephone or 

facsimile (fax) transmission as soon as possible, but no later than 2 business days 

after the initial occurrence of the malfunction, if it wishes to avail itself of an 

affirmative defense to civil penalties for 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 initial occurrence of the exceedance of the 

standard in Sec. 60.5165 to demonstrate, with all necessary supporting 

documentation, that it has met the requirements 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 request to the Administrator before the 

expiration of the 45 day period. Until a request for an extension has been 

approved by the Administrator, the owner 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 emission limits and standards in Table 2 or 3 

to this subpart, use the procedures 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 procedures specified in paragraph (b) of this 

section for particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans (total 

mass basis or toxic equivalency basis), mercury, 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 the 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/furans (total mass basis or toxic equivalency basis), 

mercury, nitrogen oxides, sulfur dioxide, cadmium, lead, and fugitive emissions 

from ash handling using the performance test. The initial performance test must 
23

be conducted 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 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 final compliance date (see Table 1 to 

this subpart). 

(2) You may use the results from a performance test conducted within the 2 

previous years that was conducted under the same conditions and 

demonstrated compliance with the emission limits and standards in Table 

2 or 3 to this subpart, provided no process changes have been made since 

you conducted that performance test. However, 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 performance 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 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, 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. 60.5220(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, sulfur dioxide, cadmium, and lead, you 

may substitute the use of a continuous monitoring system in lieu of 

conducting the initial performance test required 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 initial 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 startup or shutdown. Use the measured 

carbon monoxide concentration without correcting for oxygen 

concentration in averaging 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 
24

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 emission 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 system 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 these 1-hour arithmetic average emission 

concentrations, 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 emission 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 and 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 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 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 corresponding toxic equivalency factor specified 

in Table 5 to this subpart. (3) Sum the products calculated in accordance 
25

with paragraph (c)(2) of this section to obtain the total concentration of 

dioxins/furans emitted in terms of toxic equivalency. 

(d) Submit an initial compliance report, as specified in Sec. 60.5235(b). 

(e) If you demonstrate initial compliance using the performance test specified in 

paragraph (a) of this section, then the provisions of this paragraph (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 extension 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. Until an extension of the performance test 

deadline has been approved by the Administrator, 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 operating limits specified in paragraphs (b) 

through (h) of this section or established in Sec. 60.5175, as applicable, during 

your initial performance tests required in Sec. 60.5185. You must meet the 

requirements in Sec. 60.5210(d) to confirm 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 and data averaging times specified in 

Table 4 to this subpart or as established in Sec. 60.5175, and you must follow the 

testing, monitoring, and calibration requirements 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 listed 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 control 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 control emissions of particulate matter, 

cadmium, and lead, you are not required to establish an operating limit and 

monitor pressure drop across the scrubber 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 effluent water flow rate at 
26

the outlet of the electrostatic precipitator 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, 

lead, and cadmium. 

(4) For an activated carbon injection system designed to control emissions of 

mercury, 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 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 (total 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 test demonstrating compliance with the 

particulate matter, lead, and cadmium emission limits. 

(c) Minimum scrubber liquid flow rate (measured at the inlet to each wet scrubber), 

equal to the lowest 4-hour average liquid flow rate measured during the most 

recent performance test demonstrating compliance 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 liquid pH measured during the most recent 

performance test demonstrating compliance with the sulfur dioxide and hydrogen 

chloride emission limits. 

(e) Minimum combustion chamber operating temperature (or minimum afterburner 

temperature), equal to the lowest 4-hour average combustion chamber operating 

temperature (or afterburner temperature) measured during the most recent 

performance test demonstrating compliance with all applicable emission limits. 

(f) Minimum power input to the electrostatic precipitator collection plates, equal to 

the lowest 4-hour average secondary electric power measured during the most 

recent performance test demonstrating compliance with the particulate matter, 

lead, and cadmium emission limits. Power input must be calculated as the product 

of the secondary voltage and secondary amperage to the electrostatic precipitator 

collection plates. Both the secondary voltage and secondary amperage must be 

recorded during the performance test. 

(g) Minimum effluent water flow 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 during the most recent performance test 
27

demonstrating compliance with the particulate matter, lead, and cadmium 

emission limits. 

(h) For activated carbon injection, establish the site-specific operating limits specified 

in paragraphs (h)(1) through (h)(3) of this section. 

(1) Minimum mercury sorbent injection 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 injection rate, equal to the lowest 4-hour 

average dioxin/furan sorbent injection rate measured during the most 

recent performance test demonstrating compliance with the dioxin/furan 

(total mass basis or toxic equivalency 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 lowest 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 measured 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 control 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 devices installed after 

the final compliance date, you must conduct the air pollution control device 

inspection within 60 days after installation of the control device. 

(b) Within 10 operating days following the air pollution control device inspection 

under paragraph (a) of this section, all necessary repairs must be completed unless 

you obtain written approval from the Administrator 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 handling systems, and by what date must I 

conduct an initial performance evaluation? 

You must develop and submit to the Administrator for approval a site-specific monitoring 

plan for each continuous monitoring system required 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 alternative 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 monitoring plan for your ash handling 
28

system, as specified in paragraph (d) of this section. You must submit and update your 

monitoring plans as specified in paragraphs (f) through (h) of this section. 

(a) For each continuous monitoring system, your monitoring plan must address the 

elements and requirements specified in paragraphs (a)(1) through (a)(8) of this 

section. You must operate and maintain the continuous monitoring system in 

continuous operation according to the site-specific monitoring plan. 

(1) Installation of the continuous 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 specifications for the sample interface, the 

pollutant concentration or parametric signal analyzer and the data 

collection and reduction systems. 

(3) Performance evaluation procedures and acceptance criteria (e.g., 

calibrations). 

(i) For continuous emissions monitoring systems, your performance 

evaluation and acceptance criteria must 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 procedures (e.g., quarterly accuracy 

determinations and daily calibration drift tests) in appendix 

F of this part. 

(D) A discussion of how the occurrence and duration of out-ofcontrol periods will affect the 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 must include, but is not limited 

to, the following: 

(A) If you have an operating limit that requires the use of a 

flow monitoring system, you must meet the requirements in 

paragraphs (a)(3)(ii)(A)(1) through (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 limit 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 sensor(s) in a position that 

provides a representative measurement of the 

pressure (e.g., particulate 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 requirements 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 your 
30

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 within 1 of the operating 

limit pH level) of the pH monitoring system in 

accordance with your monitoring plan at the time of 

each performance test but no less frequently than 

quarterly. 

(D) If you have an operating limit that requires the use of a 

temperature measurement device, 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 degrees 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 degrees 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 limit 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 evaluation 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 limit that requires the use of a 

monitoring system to measure sorbent injection 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 procedures 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 continuous 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 drift 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 monitoring 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. The 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 following the completion of corrective 

action and successful demonstration that the system is within the 

allowable limits. 

(8) Schedule for conducting initial and periodic 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 detection 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 absolute particulate matter loadings 
32

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 matter emissions at concentrations 

of 10 milligrams per actual cubic meter or less. 

(2) Initial and periodic adjustment 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 where it is observed readily and any alert 

is detected and recognized easily by plant operating personnel. 

(3) Evaluations of the performance of the bag leak detection system, 

performed in accordance with your monitoring plan and consistent with 

the guidance provided in Fabric Filter Bag Leak Detection Guidance, 

EPA-454/R-98-015, September 1997 (incorporated by reference, see Sec. 

60.17). 

(4) Operation of the bag leak detection system, including quality assurance 

procedures. 

(5) Maintenance of the bag leak detection system, including a routine 

maintenance schedule and spare parts inventory list. 

(6) Recordkeeping (including record retention) of the bag leak detection 

system data. Use a bag leak detection system equipped with a device to 

continuously record the output signal from the sensor. 

(c) You must conduct an initial performance 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 apply to the bag leak detection system. You 

must conduct the initial performance evaluation of each continuous monitoring 

system within 60 days of installation of the monitoring system 

(d) You must submit a monitoring plan specifying 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 application to the Administrator for approval of alternate 

monitoring requirements to demonstrate compliance with the standards of this 

subpart, subject to the provisions of paragraphs (e)(1) through (e)(6) of this 

section. 

(1) The Administrator will not approve averaging periods other than those 

specified in this section, unless you document, using data or information, 

that the longer averaging period will ensure that emissions do not exceed 

levels achieved over the duration of three performance test runs. 

(2) If the application to use an alternate monitoring requirement is approved, 

you must continue to use the original monitoring requirement until 

approval is received to use another monitoring requirement. 

(3) You must submit the application for approval of alternate monitoring 

requirements no later than the notification of performance test. The 
33

application must contain the information 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 impracticality of using the required 

approach. 

(ii) A description of the proposed alternative monitoring requirement, 

including the operating parameter to be monitored, the monitoring 

approach and technique, the averaging period for the limit, and 

how the limit is to be calculated. 

(iii) Data or information documenting that the alternative monitoring 

requirement would provide equivalent 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 calendar days after receipt of the original request, or 

within 60 calendar days of the receipt of any supplementary information, 

whichever is later. The Administrator will not approve an alternate 

monitoring application unless it would provide equivalent or better 

assurance of compliance with the relevant 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 supporting 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 any time, on a case-by-case basis, that 

additional or alternative operating limits, or alternative approaches to 

establishing operating limits, are necessary to demonstrate compliance 

with the emission standards of this subpart. 

(f) You must submit your monitoring plans required 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 monitoring plan if there are any changes or 

potential changes in your monitoring procedures or if there is a process change, as 

defined in Sec. 60.5250. 

MODEL RULE—CONTINUOUS COMPLIANCE REQUIREMENTS 
34

60.5205 How and when do I demonstrate continuous 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 subpart, use the procedures 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 procedures specified in 

paragraph (b) of this section for particulate matter, hydrogen chloride, carbon monoxide, 

dioxins/furans (total mass basis or toxic equivalency basis), mercury, 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 § 60.5220(a) and (b). 

You may also petition the Administrator for alternative monitoring parameters as 

specified in paragraph (f) of this section. 

(a) Demonstrate continuous compliance using a performance test. Except as provided 

in paragraphs (a)(3) and (e) of this section, following the date that the initial 

performance test for each pollutant in Table 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 following the previous performance test). 

The performance test must be conducted 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 performance 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 tests less often if your performance 

tests for the pollutant for at least 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 emissions. In this case, you do not 

have to conduct a performance test for that pollutant for the next 2 

years. You must conduct a performance test during the third year 

and no more than 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 conduct performance tests for the 

pollutant every third year if your emissions are at or below 75 

percent of the emission limit, and if there are no changes in the 

operation of the affected source or air pollution control equipment 
35

that could increase emissions, but each 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 using 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, 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 § 60.5220(b)(6) and use the 

following procedures: 

(1) To demonstrate continuous compliance with the emission limits for 

particulate matter, hydrogen chloride, carbon monoxide, dioxins/furans 

(total mass basis or toxic equivalency 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 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 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 startup or shutdown. Use the measured 

carbon monoxide concentration without correcting for oxygen 

concentration in averaging 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 emission 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 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 these 1-hour 
36

arithmetic average emission concentrations, 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 emission 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 and calculate average emissions 

corrected to 7 percent oxygen (or 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 previously 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 performance 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 products 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 compliance report as specified in § 60.5235(c). You 

must submit a deviation report as specified 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 paragraph (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 conduct 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 disapproval 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 strictly subject to the requirements of 

this subpart. 

(f) After any initial requests in § 60.5200 for alternative monitoring requirements for 

initial compliance, you may subsequently petition the Administrator for 

alternative monitoring parameters as specified in §§ 60.13(i) and 60.5200(e). 

60.5210 How do I demonstrate continuous compliance with my operating limits? 

You must continuously monitor your operating parameters 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 specified in paragraph (d) of this section. 

(a) You must continuously monitor the operating 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 data averaging period specified in Table 

4 to this subpart (except for alarm time of the baghouse leak detection system) 

unless a different averaging period is established under § 60.5175. 

(1) You must demonstrate that the SSI unit meets the operating limits 

established according to §§ 60.5175 and 60.5190 and paragraph (d) of this 

section for each applicable 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 required, no alarm time is counted. 

(B) If corrective action is required, 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 equal to 5 percent of the operating 

time during a 6-month period, as specified in § 60.5170(c). 
38

(b) Operation above the established maximum, below the established minimum, or 

outside the allowable range of the operating limits specified in paragraph (a) of 

this section constitutes a deviation from your operating limits established under 

this subpart, except during performance tests conducted to determine compliance 

with the emission and operating limits or to establish new operating limits. You 

must submit the deviation report specified in § 60.5235(d) for each instance that 

you did not meet one of your operating limits 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 paragraph (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 emissions monitoring plan specified in § 

60.5170(d). 

(1) Your operating limits must be based 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 performance 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, according to § 60.5220(c), no later than 12 

months following the previous annual air pollution control device inspection. 

(b) Within 10 operating days following an air pollution control device inspection, all 

necessary repairs must be completed unless you obtain written approval from the 

Administrator establishing a date whereby all necessary repairs 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 the emission limits and standards? 

You must meet, as applicable, the performance testing requirements specified in 

paragraph (a) of this section, the monitoring requirements specified in paragraph (b) of 

this section, the air pollution control device inspections requirements specified in 

paragraph (c) of this section, and the bypass stack provisions specified in paragraph (d) of 

this section. 

(a) Performance testing requirements. 

(1) All performance tests must consist of a minimum of three test runs 

conducted under conditions representative of normal operations, as 

specified in § 60.8(c). Emissions in excess of the emission limits or 
39

standards during periods of startup, shutdown, and malfunction are 

considered deviations from the applicable 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 quantity of sewage sludge burned during 

the performance test by continuously monitoring and recording the 

average hourly rate that sewage sludge is fed to the incinerator. 

(ii) Maintaining a log of the moisture content of the sewage sludge 

burned during the performance test by taking grab samples of the 

sewage sludge fed to the incinerator for each 8 hour period that 

testing is conducted. 

(3) All performance tests must be conducted 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, appendix 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 measurement 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: 

 

 Cadj = (Cmeas (20.9 - 7)) ⁄ ((20.9 - %O2)) (Eq. 1) 

Where: 

Cadj = Pollutant concentration adjusted to 7 percent oxygen. 

Cmeas = Pollutant concentration measured on a dry basis. 

(20.9 - 7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen correction basis). 

20.9 = Oxygen concentration in air, percent. 

%O2 = Oxygen concentration measured on a dry basis, percent. 

(7) Performance tests must be conducted and data reduced in accordance with 

the test methods and procedures contained in this subpart unless the 

Administrator does one of the following. 

(i) Specifies or approves, in specific 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 alternative 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 in 
40

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 performance test, there is a delay (due to 

operational problems, etc.) in conducting the scheduled performance test, 

you must notify the Administrator as soon 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 performance 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 test methods applicable to the SSI 

unit, as follows: 

(A) Constructing the air pollution control system such that 

volumetric flow rates and pollutant emission rates can be 

accurately determined by applicable test methods and 

procedures. 

(B) Providing a stack or duct free of cyclonic flow during 

performance tests, as demonstrated 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 sample 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 paragraph (a)(1) of this section, you must 

operate your sewage sludge incinerator at a minimum of 85 percent of 

your maximum permitted capacity. 

(b) Continuous monitor requirements. You must meet the following 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 continuous 
41

emissions monitoring system instead of conducting annual performance testing, 

you must meet the requirements 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 effect 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 system, in which case you must also 

conduct a performance test within prior to ceasing operation of the system. 

(3) You must install, operate, calibrate, and maintain an instrument for 

continuously measuring and recording the emissions to the atmosphere in 

accordance with the following: 

(i) Section 60.13 of subpart A of this part. 

(ii) The following performance specifications of appendix B of this 

part, as applicable: 

(A) For particulate matter, Performance 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, Performance Specification 4B of 

appendix B of this part with spans appropriate to the 

applicable emission limit. 

(D) [Reserved] 

(E) For mercury, Performance Specification 12A of appendix B 

of this part. 

(F) For nitrogen oxides, Performance Specification 2 of 

appendix B of this part. 

(G) For sulfur dioxide, Performance Specification 2 of 

appendix B of this part. 

(iii) For continuous emissions monitoring systems, the quality 

assurance procedures (e.g., quarterly 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 this 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, Procedure 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 shall be replaced with the 

validation requirements and criteria of sections 11.1.1 and 
42

12.0 of Performance Specification 15 of appendix B of this 

part. 

(C) For carbon monoxide, Procedure 1 in appendix F of this 

part. 

(D) [Reserved] 

(E) For mercury, Procedures 5 in appendix F of this part. 

(F) For nitrogen oxides, Procedure 1 in appendix F of this part. 

(G) For sulfur dioxide, Procedure 1 in appendix F of this part. 

(iv) If your monitoring system has 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 performance specifications in paragraph 

(b)(3)(ii) of this section, 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 systems and the test methods specified 

in paragraph (b)(4)(i) through (b)(4)(viii) of this section. Relative accuracy 

testing must be at representative operating 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, Method 26 or 26A at 40 CFR part 60, 

appendix A–8, shall be used, as specified 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. Alternatively 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 criterion 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 the 
43

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 applicable, must be used. 

(5) You may request that compliance with the emission limits be determined 

using carbon dioxide measurements corrected to an equivalent of 7 percent 

oxygen. If carbon dioxide is selected for use in diluent corrections, the 

relationship between oxygen and carbon dioxide levels must be 

established during the initial performance test according 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 (incorporated by reference, see § 

60.17), as applicable, must be used to determine the oxygen 

concentration at the same location 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 monitoring system and collect data with 

the continuous monitoring system as follows: 

(i) You must collect data using the 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 malfunctions that occur during periods 

specified in § 60.5200(a)(7)(i), repairs associated with monitoring 

system malfunctions, and required monitoring system quality 

assurance or quality control activities (including, as applicable, 

calibration checks and required zero and span adjustments). Any 

such periods that 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 emissions monitoring system data in 

accordance with § 60.13(e)(2). 

(iii) Any data collected during monitoring system malfunctions, repairs 

associated with monitoring system malfunctions, or required 

monitoring system quality assurance or control activities must not 

be included in calculations 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), repairs associated 
44

with periods when the monitoring system is out of control, or 

required monitoring system quality assurance or control activities 

conducted during out-of-control periods 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 collected during all periods except those 

periods specified in paragraphs (b)(6)(iii) and (b)(6)(iv) of this 

section in assessing the operation of the control device and 

associated control system. 

(7) If you elect to use a continuous automated 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 device inspections. You must conduct air pollution 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 equipment is maintained in good operating 

condition. 

(3) Develop a site-specific monitoring plan according to the requirements in § 

60.5200. This requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under § 60.13(i). 

(d) Bypass stack. Use of the bypass stack at any time that sewage sludge is being 

charged to the SSI unit is an emissions standards deviation for all pollutants listed 

in Table 2 or 3 to this subpart. The use of the bypass stack during a performance 

test invalidates the performance test. 

60.5225 What are the monitoring and calibration requirements for compliance with 

my operating limits? 

(a) You must install, operate, calibrate, and maintain the continuous parameter 

monitoring systems according to the requirements in paragraphs (a)(1) and (2) of 

this section. 

(1) Meet the following general requirements for flow, pressure, pH, and 

operating temperature measurement devices: 

(i) You must collect data using the 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 malfunctions 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 control activities (including, as 

applicable, calibration checks and required zero and span 
45

adjustments). Any such periods that 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 parameter monitoring system data in 

accordance with § 60.13(e)(2). 

(iii) Any data collected during monitoring system malfunctions, repairs 

associated with monitoring system malfunctions, or required 

monitoring system quality assurance or control activities must not 

be included in calculations 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 collected during all periods except those 

periods specified in paragraphs (a)(1)(iii) and (a)(1)(iv) of this 

section in assessing the operation of the control device and 

associated control system. 

(vi) Record the results of each inspection, calibration, and validation 

check. 

(2) Operate and maintain your continuous monitoring system according to 

your monitoring plan required under § 60.4880. Additionally: 

(i) For carrier gas flow rate monitors (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 drop monitors (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. 

(b) You must operate and maintain your bag leak detection system in continuous 

operation according to your monitoring plan required under § 60.4880. 

Additionally: 

(1) For positive pressure fabric filter 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 determine the cause of every alarm within 

8 hours of the alarm, and you must alleviate the cause of the alarm within 
46

24 hours of the alarm by taking whatever corrective action(s) are 

necessary. Corrective actions may include, 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 filter media or otherwise repairing the 

control device. 

(iv) Sealing off a defective fabric filter compartment. 

(v) Cleaning the bag leak detection 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 must install, calibrate (to manufacturers’ 

specifications), maintain, and operate a device 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. All records must be available on site in either 

paper copy or computer-readable format that 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 the final control plan and any additional 

notifications, reported under § 60.5235. 

(c) Operator Training. Documentation of the operator training procedures and records 

specified in paragraphs (c)(1) through (c)(4) of this section. You must make 

available and readily accessible at the facility 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, handling, and feeding sewage sludge. 

(iii) Incinerator startup, shutdown, 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 established under 

this subpart. 
47

(vi) Monitoring procedures for demonstrating 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 the provisions of § 60.5155(a), the 

phone and/or pager number at which 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 section 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 training, 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 device inspections. Records of the 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 operating limits, as applicable. 

(2) Retain a copy of the complete performance test report, including 

calculations. 

(3) Keep a record of the hourly dry sludge feed rate measured during 

performance test runs as specified in § 60.5220(a)(2)(i). 

(4) Keep any necessary records to demonstrate that the performance test was 

conducted under conditions representative of normal operations, 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 data. Records of the following data, as applicable: 

(1) For continuous emissions monitoring systems, all 1-hour average 

concentrations of particulate matter, hydrogen chloride, carbon monoxide, 

dioxins/furans total mass basis, mercury, 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 recorded 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 system 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 the electrostatic precipitator 

collection plates and secondary amperage of the 

electrostatic precipitator collection 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 carrier 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 description 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 monitoring 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 under § 60.5220(b)(5) that compliance with 

the emission limits be determined using carbon dioxide measurements 

corrected to an equivalent 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 deviation reports submitted under § 60.5235(e) 

and (f). 

(i) Equipment specifications and operation and maintenance requirements. 

Equipment specifications and related 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, and validation checks of any monitoring devices as 

required under §§ 60.5220 and 60.5225. 

(k) Monitoring plan and performance evaluations for continuous monitoring systems. 

Records of the monitoring plans required under § 60.5200, and records of 

performance evaluations required 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 emission 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 paragraphs (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 plan to achieve compliance more than 1 year 

following the effective date of state plan 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 postmarked within 10 business days after 

the date for that increment, as specified in § 60.5105. 

(4) If you plan to close your SSI unit rather than comply with the state plan, 

submit a closure notification as specified in § 60.5125. 

(b) Initial compliance report. 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 evaluation of a continuous monitoring system 

was conducted, the results of that initial performance evaluation. 

(6) The values for the site-specific operating 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 detection system has been installed and is 

being operated, calibrated, and maintained as required by § 60.5170(b). 

(8) The results of the initial air pollution control device inspection required in 

§ 60.5195, including a description of repairs. 

(9) The site-specific monitoring plan required under § 60.5200, at least 60 

days before your initial performance 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 section. 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 information) 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 and ending dates of the reporting period. 

(4) If a performance test was conducted during the reporting period, the 

results of that performance test. 

(i) If operating limits were established during the performance test, 

include the value for each operating limit and, as applicable, the 
51

method used to establish each operating limit, including 

calculations. 

(ii) If activated carbon is used during 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 reporting 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 monitoring 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 limit 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 detection systems recorded under § 

60.5230(f)(3)(iii). 

(8) If a performance evaluation of a continuous monitoring system was 

conducted, the results of that performance evaluation. If new operating 

limits were established during the performance evaluation, include your 

calculations for establishing those operating limits. 

(9) If you elect to conduct performance tests less frequently as allowed in § 

60.5205(a)(3) and did not conduct a performance test during the reporting 

period, you must include the dates of the last two performance tests, a 

comparison of the emission level you achieved in the last two performance 

tests to the 75 percent emission limit threshold specified in § 

60.5205(a)(3), and a statement as to whether there have been any process 

changes and whether the process change resulted in an increase in 

emissions. 

(10) Documentation of periods when all qualified sewage sludge 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, including 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 no 
52

periods during which your continuous monitoring systems were out of 

control. 

(14) If there were no operator training deviations, a statement that there were 

no such deviations during the reporting period. 

(15) If you did not make revisions to your site-specific monitoring plan during 

the reporting period, a statement that you did not make any revisions to 

your site-specific monitoring plan during the reporting period. If you made 

revisions to your site-specific monitoring 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, duration, 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 include a description of actions taken by 

an owner or operator during a malfunction 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 parameter 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 average 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 submitted by August 1 of that year for data 

collected during the first half of the calendar year (January 1 to June 30), 

and by February 1 of the following year for data you collected during the 

second half of the calendar year (July 1 to December 31). 

(3) For each deviation where you are using 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 parameter monitoring data during each 

deviation and any test report that documents the emission levels. 

(viii) If there were periods during 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 continuous 

monitoring 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 descriptions 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 duration of the deviation during the 

reporting period, and the total duration as a percent of the 

total source operating time during that reporting period. 

(F) A breakdown of the total duration of the deviations during 

the reporting period into those that are 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 reporting period, and the total 

duration of continuous monitoring system downtime as a 

percent of the total operating time 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 description of the SSI unit. 

(J) A brief description of the 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 controls since the last reporting 

period. 

(4) For each deviation where you are not using a continuous monitoring 

system to comply with the associated 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 limits or standards. 

(viii) A brief description of any malfunction reported in paragraph 

(d)(1)(vii) of this section, including 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 deviation 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 taken 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 the Administrator every 4 weeks that 

includes the three items in paragraphs (e)(1)(ii)(A) through 

(e)(1)(ii)(C) of this section. 

(A) A description of actions taken 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 Administrator, under the provisions of § 

60.5155(b)(2)(i), due to a failure to provide an accessible qualified 

operator, you must notify the Administrator within five days of meeting § 

60.5155(b)(2)(ii) that you are resuming operation. 

(f) Notification of a force majeure. If a force majeure is about to occur, occurs, or has 

occurred for which you intend to assert 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 deadline unless the initial force majeure 

or a subsequent force majeure event delays the notice, and in such cases, 

the notification must occur as soon as practicable. 

(2) You must provide to the Administrator a written description of the force 

majeure event and a rationale for attributing 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 required. You must submit other notifications as 

provided by § 60.7 and as follows: 

(1) You must notify the Administrator 1 month before starting or stopping use 

of a continuous monitoring system for determining compliance with any 

emission limit. 

(2) You must notify the Administrator at least 30 days prior to any 

performance test conducted to comply with the provisions of this subpart, 

to afford the Administrator the opportunity to have an observer present. 

(3) As specified in § 60.5220(a)(8), you must notify the Administrator at least 

7 days prior to the date of a rescheduled performance test for which 

notification was previously made in paragraph (g)(2) of this section. 

(h) Report submission form. 

(1) Submit initial, annual, and deviation 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 date 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 performance test (i.e., compliance test) 

data, except opacity data, electronically to EPA’s Central Data Exchange 

(CDX) by using the Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/ertltool.html/) or other compatible 

electronic spreadsheet. Only data collected using test methods compatible 

with ERT are subject to this requirement 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 approval 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 effective 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 requirements 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 months 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 section 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 than 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 requirement which first causes the source to 

be subject to title V. (See section 503(c) of the Clean Air Act and 40 CFR 70.3(a) 

and (b), 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 relevant application deadline in order to 

operate after this date in compliance with Federal law. (See sections 503(d) and 

502(a) of the Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).) 

MODEL RULE—DEFINITIONS 

60.5250 What definitions must I know? 

Terms used but not defined in this subpart are defined in the Clean Air Act and Sec. 60.2. 

Administrator means: 
57

(1) For units covered by the Federal plan, the Administrator of the EPA or 

his/her authorized representative. 

(2) For units covered by an approved state plan, the director of the state air 

pollution control agency or his/her authorized representative. 

Affected source means a sewage sludge incineration 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, regarding which the defendant has the burden of 

proof, and the merits of which are independently and objectively evaluated in a judicial 

or administrative proceeding. 

Auxiliary fuel means natural gas, liquefied petroleum 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 filter (i.e., baghouse) in order to detect bag 

failures. A bag leak detection system includes, but is not limited to, 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 control 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 diluent gas) for subsequent on- or off-site 

analysis; integrated sample(s) collected are representative 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, continuous parameter monitoring system or other 

manual or automatic monitoring that is used for demonstrating compliance with an 

applicable regulation on a continuous 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 conditions associated with air pollution 

control device systems (e.g., operating temperature, pressure, and power). 

Deviation means any instance in which an affected source subject to this 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 emission limit, operating limit, or operator 

qualification and accessibility requirements. 

(2) Fails to meet any term or condition that is adopted to implement an 

applicable requirement in this subpart and that is included in the operating 

permit for any affected source required to obtain such a permit. 

Dioxins/furans means tetra- through octa-chlorinated 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, water 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 combusted in a bed of particles suspended in the 

combustion chamber gas. 

Malfunction means any sudden, infrequent, and not reasonably preventable failure of air 

pollution control and monitoring equipment, process equipment, or a process to operate 

in a normal or usual manner. Failures that are caused, in part, by poor maintenance or 

careless operation are not malfunctions. 

Modification 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 changes over the life of the unit exceeds 50 

percent of the original cost of building and installing 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 that 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 are attached to the rotating shaft. Dewatered sludge enters at 

the top and proceeds downward through the furnace 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 sludge 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 revision 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 tertiary 
59

treatment at the facility, which changes 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 residue 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 material derived from sewage sludge. Sewage 

sludge does not include ash generated 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 volume of the sewage sludge by removing 

combustible matter. Sewage sludge incineration 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. The SSI unit includes all ash handling systems 

connected to the bottom ash handling system. The combustion unit bottom ash system 

ends at the truck loading station or similar equipment that transfers the ash to final 

disposal. The SSI unit does not include air pollution control equipment or the stack. 

Shutdown means the period of time after all sewage 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 control facility and other discarded material, 

including solid, liquid, semisolid, or contained gaseous material resulting from industrial, 

commercial, mining, agricultural operations, and from community activities, but does not 

include solid or dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources subject to permits 

under section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 

1342), or source, special nuclear, or byproduct material as defined by the Atomic 

Energy Act of 1954, as amended (42 U.S.C. 2014). 

Standard conditions, when referring to units of measure, means a temperature of 68 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 concentration of an individual dioxin isomer 

in an environmental mixture and the corresponding estimate of the compound-specific 

toxicity relative to tetrachlorinated 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 device that utilizes an aqueous or 

alkaline scrubbing liquid to collect particulate matter (including non-vaporous metals and 

condensed organics) and/or to absorb and neutralize acid gases. 

You means the owner or operator of an affected SSI unit. 
60
61
62
63
64

 
65

APPENDIX B
66

Missouri Air Conservation Law, sections 643.010 -643.070, RSMo 

643.010. This chapter shall be known and may 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 standards, rules and regulations promulgated 

under authority of this chapter, the following words and phrases mean: 

(1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519); 

(2) "Abatement project designer", an individual who designs or plans AHERA asbestos 

abatement; 

(3) "Air cleaning device", any method, process, or equipment which removes, reduces, or 

renders less obnoxious air contaminants discharged into ambient air; 

(4) "Air contaminant", any particulate matter or any gas or vapor or any combination 

thereof; 

(5) "Air contaminant source", any and all sources of air contaminants whether privately 

or publicly owned or operated; 

(6) "Air pollution", the presence in the ambient air of one or more air contaminants in 

quantities, of characteristics and of a duration which directly and proximately cause or 

contribute to injury to human, plant, or animal life or health or to property or which 

unreasonably interferes with the enjoyment of life or use of property; 

(7) "Ambient air", all space outside of buildings, stacks, or exterior ducts; 

(8) "Area of the state", any geographical area designated by the commission; 

(9) "Asbestos", the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, 

tremolite and actinolite; 

(10) "Asbestos abatement", the encapsulation, enclosure or removal of asbestoscontaining materials in or from a building or air contaminant source, or preparation of 

friable asbestos-containing material prior to demolition; 

(11) "Asbestos abatement contractor", any person who by agreement, contractual or 

otherwise, conducts asbestos abatement projects at a location other than his own place of 

business; 

(12) "Asbestos abatement projects", an activity undertaken to encapsulate, enclose or 

remove one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic 

feet or more of regulated asbestos-containing 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 individual who directs, controls, or supervises 

others in asbestos abatement projects; 

(14) "Asbestos abatement worker", an individual who engages in asbestos abatement 

projects; 

(15) "Asbestos air sampling professional", an individual who by qualifications and 

experience is proficient in asbestos abatement air monitoring. The individual shall 
67

conduct, oversee or be responsible for air monitoring of asbestos abatement projects 

before, during and after the project 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 and after the project has been completed; 

(17) "Asbestos-containing material", any material or product 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 potential to emit equal to or 

greater than one hundred tons per year of an air contaminant; 

(20) "Class A2 source", any air contaminant source, which is not a class A1 source, and 

with the potential, air cleaning devices not considered, 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 hazardous air pollutant or twenty-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 source 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 commission, but not a class A source; 

(23) "Commission", the air conservation commission of the state 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 CFR 1926.1101(b). Such person shall also be a 

certified asbestos abatement supervisor; 

(25) "Conference, conciliation and persuasion", a process of verbal or written 

communications consisting of meetings, reports, correspondence or telephone 

conferences between authorized representatives 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 department. During any such meeting, the department and the 

alleged violator shall negotiate in good faith to eliminate the alleged violation and shall 

attempt to agree upon a plan to achieve compliance; 

(26) "De minimis source", any air contaminant source with a potential to emit an air 

contaminant, air cleaning devices not considered, less than that established by the 

commission as de minimis for the air contaminant; 

(27) "Department", the department of natural resources of the state of Missouri; 

(28) "Director", the director of the department of natural resources; 

(29) "Emergency asbestos project", an asbestos 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 atmosphere of one or more air 

contaminants; 

(31) "Emission control regulations", limitations on the emission of air contaminants into 

the ambient air; 

(32) "Friable asbestos-containing material", any material containing more than one 

percent, as determined by either the method specified in appendix E, section 1 Polarized 
68

Light Microscopy in 40 CFR Part 61, Subpart 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 collects and assimilates information used to 

determine whether asbestos-containing 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 Environmental Protection Agency as other than minor; 

(37) "Nonattainment area", any area designated 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-containing material", any material containing more than one 

percent asbestos as determined by either the method specified in appendix E, section 1 

Polarized Light Microscopy in 40 CFR Part 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, firm, company, or public or 

private corporation, association, 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-containing material" or "RACM": 

(a) Friable asbestos-containing material; 

(b) Category I nonfriable asbestos-containing material that will be or has been subjected 

to sanding, grinding, cutting, or abrading; or 

(c) Category II nonfriable asbestos-containing material that has a high probability of 

becoming or has become crumbled, pulverized, or reduced to powder by the forces 

expected to act on the material in the course of demolition or renovation operations; 

(41) "School district", seven-director districts, urban school 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 regulated 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 and 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 of 
69

this chapter. It is the intent and purpose of this chapter to maintain purity of the air 

resources of the state to protect the health, general welfare and physical property of the 

people, maximum employment and the full industrial 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 economically 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 pollution control agency to be known as the 

"Air Conservation Commission of the State of Missouri", whose domicile for the 

purposes of sections 643.010 to 643.355 is the department of natural resources of the 

state of Missouri. The commission shall consist 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 senatorial district. At the first meeting of the commission and at 

yearly intervals thereafter, the members shall select from among themselves a chairman 

and a vice chairman. 

2. All members shall be representative of the general interest of the public and shall have 

an interest in and knowledge of air conservation and the effects and control of air 

contaminants. At least three of such members shall represent agricultural, industrial and 

labor interests, respectively. The governor shall not appoint any other person who has a 

substantial interest as defined in section 105.450 in any business entity regulated under 

this chapter or any business entity which would be regulated under this chapter if located 

in Missouri. The commission shall establish rules of procedure which specify when 

members shall exempt themselves from participating in discussions and from voting on 

issues before the commission due to potential conflict of interest. 

3. The members' terms of office shall be four years and until their successors are selected 

and qualified, except that the terms of those first appointed shall be staggered to expire at 

intervals of one, two and three 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 regular 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 called 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 powers and duties conferred upon members of 

the commission shall be exercised personally by the members and not by alternates or 

representatives. All actions of the commission shall be taken at meetings open to the 

public, except as provided in chapter 610. Any member absent from four regular 

commission meetings per calendar year for any cause whatsoever shall be deemed to 
70

have resigned and the vacancy shall be filled 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 vested in it by law the commission shall have 

the following powers: 

(1) Adopt, promulgate, amend and repeal rules and regulations consistent with the 

general intent and purposes of sections 643.010 to 643.355, chapter 536, and Titles V and 

VI of the federal Clean Air Act, as amended, 42 U.S.C. 7661, et seq., including but not 

limited to: 

(a) Regulation of use of equipment 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 accordance with section 643.070, establish areas of 

the state and prescribe air quality standards 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 engaged in operations which result in air pollution to monitor 

or test emissions and to file reports containing information relating to rate, period of 

emission and composition of effluent; 

(b) Require submission to the director for approval of plans and specifications for any 

article, machine, equipment, device, or other contrivance specified by regulation the use 

of which may cause or control the issuance of air contaminants; but any person 

responsible for complying with the standards established under sections 643.010 to 

643.355 shall determine, unless found by the director 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 for which provision is made for appeal, and in 

connection therewith, issue subpoenas requiring the attendance of witnesses and the 

production of evidence reasonably relating to the hearing; 

(5) Enter such order or determination as may be necessary to effectuate the purposes of 

sections 643.010 to 643.355. In making its orders and determinations hereunder, the 

commission shall exercise a sound discretion in weighing the equities 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 information on what would constitute compliance 

with the requirements of sections 643.010 to 643.355 or any order or determination of the 

department or commission, the department shall respond with written criteria to inform 

the small business of the actions necessary for compliance. No enforcement action shall 
71

be undertaken by the department or commission until the small business has had a period 

of time, negotiated with the department, 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 advantageous 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 investigations as are consistent with the purposes 

of sections 643.010 to 643.355, and, in connection therewith, to enter or authorize any 

representative of the department to enter at all reasonable times and upon reasonable 

notice in or upon any private or public property for the purpose of inspecting or 

investigating any condition which the commission 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, and 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 credentials, nor obstruct or hamper the 

representative in carrying out the inspection. A suitably restricted 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 for the purpose of enabling him to make such 

inspection; 

(9) Secure necessary scientific, technical, administrative and operational services, 

including laboratory facilities, 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 promulgated under the authority of this chapter shall 

become effective unless it has been promulgated 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 comprehensive 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 possible 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 government, and with interested persons or groups; 
72

(7) Represent the state of Missouri in all matters pertaining to interstate air pollution 

including the negotiations of interstate 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 with respect to air pollution 

existing solely within commercial and industrial plants, works, or shops or to affect any 

aspect of employer-employee relationships as to health and safety hazards. 

5. Any information relating to secret processes or methods of manufacture or production 

discovered through any communication required 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 compliance with federal law--suspension, 

reinstatement--exemption, limitations. 

643.055. 1. Other provisions of law notwithstanding, the Missouri air conservation 

commission shall have the authority to promulgate rules and regulations, pursuant to 

chapter 536, to establish standards and guidelines to ensure that the state of Missouri is in 

compliance with the provisions of the federal Clean Air Act, as amended (42 U.S.C. 

Section 7401, et seq.). The standards and guidelines 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 guidelines 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 Environmental Protection Agency approved state 

implementation plan. The determination of which parts of a state implementation plan are 

not subject to the restrictions of this section 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 Environmental Protection Agency approved plan. 

2. The Missouri air conservation commission shall 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 compliance with such rules: 

(1) Would cause economic hardship; or 

(2) Is physically impossible; or 

(3) Is more detrimental to the environment than the variance would be; or 

(4) Is impractical or of insignificant 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 director shall have the 

following powers and duties: 
73

(1) Retain, employ, provide for, and compensate, within appropriations available 

therefor, such consultants, assistants, deputies, 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 for the purpose of carrying out any of the 

functions of sections 643.010 to 643.355. The director shall apply for all 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, assistance and payments to eligible individuals. 

The director shall report annually to the governor and the general assembly the amount of 

revenue received under Title XI of the Clean Air Act and the distribution 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 director 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 643.010 to 643.355, investigate complaints, issue 

orders and take all actions necessary to implement sections 643.010 to 643.355; 

(5) Receive and act upon reports, plans, specifications and applications submitted under 

rules promulgated by the commission. Any person aggrieved by any action of the director 

under this provision shall be entitled to a hearing before the commission as provided in 

section 643.080. The commission may sustain, reverse, or modify any action of the 

director taken under this provision, 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 with a certificate of authority which may be 

affected by the rule and any person who has previously requested notice when the 

proposed rulemaking is submitted to the secretary of state for publication in the Missouri 

Register. In addition, any interested 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 regulations, or standards. Any person heard or 

represented at the hearing or making written request for notice shall be given written 

notice of the action of the commission with respect to the subject thereof. 

2. Rules shall be approved after public hearing and shall be approved in writing by at 

least four members of the commission. 
74

3. Any rule or any amendment or repeal thereof which is adopted by the commission may 

differ in its terms and provisions for particular types and conditions of air pollution or air 

contamination, for particular air contaminant sources, 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 203.070 
75

APPENDIX C
76

State Rule: 10 CSR 10-6.191, as published in CSR on April 30, 2013. 

 
77
78

 
79

APPENDIX D
80

Tables: 

Source Inventory: 

2011 Emission Factors:

Emission Factors as used in annual emission calculations; site specific 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 MOBigBlueRiver

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 from 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/old/ap42/ch02/s02/final/c02s02_jan1995.pdf 
82

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 Progress 
83

APPENDIX E
84

Public Notice – Printed from web page 
85

APPENDIX F
86

Maps showing locations of affected sources: 
87
88
Order 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 5th day of February, 2013. 

~~::....:.............". c=--____ .L--(,..&.a ",",Vt.../ ",--=-_--- 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 5th 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 

, Member 
1

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 Conservation Commission to hold public hearing on 12/6/2012

This is a courtesy copy of an email 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, please contact Wendy Vit with the Air 

Pollution Control Program at (573) 526-3167 or wendy.vit@dnr.mo.gov. 

 

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, December 6, 2012 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear 

testimony related to the following 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 State Plan Revision — Section 111(d)/129 State Plan for 

Implementation of the Sewage Sludge Incinerator Emission Guidelines for Missouri 

 

Documents for the above item(s) will be available for review at the Missouri Department of Natural 

Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public 

Notices section of the program web site http://dnr.mo.gov/env/apcp/public-notices.htm. This information will 

be available at least 30 days prior to the public hearing date. 

 

The Department will accept written or email comments for the record until 5 p.m. on December 13, 2012. 

Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. 

Box 176, Jefferson City, MO 65102-0176. Email comments may 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 the Missouri Air Conservation 

Commission, Missouri Department of Natural Resources, 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 presentations also provide a written 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 directly at (573) 751-4817, the Division 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 Commission 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 stop subscriptions at any time on your 

Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or 

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

This service is provided 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 the end of the proposed 

rulemaking under the Notice of Public Hearing and 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 incorporate by reference the regulatory requirements of 40 CFR 60, Subpart

MMMM—Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units which 

was promulgated by the U.S. Environmental Agency (EPA) in March 2011 (76 FR 15372). Incorporation of 

this federal regulation into a state rule will shift enforcement authority 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 accepted through close of business Dec. 12, 2012.

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

This rule is being proposed for rescission because the 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 accepted through close of business Dec. 12, 2012.

Submit written comments about 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

Rulemakings on Public Notice - DNR Page 1 of 1

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 10/30/2012
Jay Nixon, Governor 

Sara Parker Pauley, Director

Air Pollution Control Program

State Plan Actions                                                                    

On Public Notice | Proposed for Adoption

On Public Notice 

Clean Air Act Section 111(d)/129 State 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 state of Missouri has the legal authority and enforceable 

mechanism in place to implement and enforce the Emission Guidelines and Compliance 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 chapter 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 sewage sludge incinerators in the 

state. It also establishes emission limits, operating 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 accepted through close of business Dec. 13, 2012 

Back to top

Proposed for Adoption

None at this time. 

Back to top

State Plan Actions on Public Notice - DNR Page 1 of 1

http://www.dnr.mo.gov/env/apcp/stateplanrevisions.htm 11/1/2012
PUBLIC 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

25
PUBLIC 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 plan 
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 RULE

10 CSR 10-6.191 Sewage Sludge Incinerators. If the commission

adopts 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 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 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 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 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. 19
April 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 Conservation

Commission 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 (37

MoReg 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 for

Existing 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. NACWA

expects 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 be

expected 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 and

effectively 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 operator

training 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 the

state-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 is

developing 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 Rulemaking
than 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 Agencies

commented 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 revised

financial 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 General

Opinion 21-92, which illustrates that fiscal notes are required for regulation that is imposed, mandated, or otherwise necessitated by third

parties. 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 the

facilities 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 no

additional 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 state

plan 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 by

536.200, RSMo, and is not relevant to this rulemaking since no fiscal note is required. However, this opinion does reconfirm that

536.200 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 the

web 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 most

practical and economically-feasible method of regulating SSI emissions in Missouri. The federal rule requires any deviation from the

federal 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 Conservation

Commission 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 Register
COMMENTS AND RESPONSES ON 

THE PROPOSED 

SECTION 111(d)/129 STATE PLAN 

FOR SEWAGE SLUDGE INCINERATORS IN MISSOURI 

AND 

RECOMMENDATION FOR ADOPTION

On December 6, 2012, the Missouri Air Conservation Commission held a public hearing 

concerning the inclusion of the Section 111(d)/129 State Plan for Sewage Sludge 

Incinerators (SSI) to the Missouri 111(d)/129 State Plan. The following is a summary of 

comments received and the Missouri 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 Resources’ 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: The 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 Missouri 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 without adoption of the 

proposed state rule. The plan need only 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 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 than 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. The department’s Air Pollution Control Program does not intend to 

enforce any provisions of 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 and effectively prevents Missouri from 

enforcing provisions of incorporated federal 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) response that addresses 

these comments is presented after the two (2) comments. 

COMMENT #2: The Association of Missouri Cleanwater Agencies and the city of 

Kansas City, Missouri, Water Services Department, commented that the department and 

the Commission should time the submittal of the 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 Missouri Cleanwater Agencies and the city of 

Kansas City, Missouri, Water Services Department, commented that the Increment 1 

compliance date of one (1) year from the effective 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 EPA 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 the 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 the 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 anticipated 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 that the state plan 

should propose economically feasible methods for compliance with the federal rule. 

RESPONSE: Pursuant to 40 CFR 60 Subpart 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 regulations. 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.