Subpart CCCC—Standards of Performance for Commercial and 

Industrial Solid Waste Incineration Units 

Introduction 

§60.2000 What does this subpart do? 

This subpart establishes new source performance 

standards for commercial and industrial solid waste

incineration (CISWI) units. 

§60.2005 When does this subpart become effective?

This subpart takes effect on [THE DATE 6 MONTHS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. 

Some of the requirements in this subpart apply to planning 

the CISWI unit and must be completed even before 

construction is initiated on the CISWI unit (i.e., the 

preconstruction requirements in §§60.2045 and 60.2050). 

Other requirements such as the emission limitations and 

operating limits apply after the CISWI unit begins 

operation. 

Applicability 

§60.2010 Does this subpart apply to my incineration unit? 

Yes, if your incineration unit meets all the 

requirements specified in paragraphs (a) through (c) of 

this section. 

(a) Your incineration unit is a new incineration unit 

as defined in §60.2015. 

(b) Your incineration unit is a CISWI unit as defined 

in §60.2265. 

(c) Your incineration unit is not exempt under 

§60.2020. 

§60.2015 What is a new incineration unit? 

(a) A new incineration unit is an incineration unit 

that meets any of the criteria specified in paragraph 

(a)(1) through (a)(2) of this section. 

Deleted: for Which 

Construction Is Commenced 

After November 30, 1999 or 

for Which Modification or 

Reconstruction Is Commenced 

on or After June 1, 2001

Deleted: This subpart takes 

effect on June 1, 2001. 

Deleted: or

Deleted: either 

Deleted: two 
(1) A commercial and industrial solid waste 

incineration unit that commenced construction after 

[INSERT THE DATE OF PUBLICATION IN THE FEDERAL REGISTER].

(2) A commercial and industrial solid waste 

incineration unit that commenced reconstruction or 

modification after [THE DATE 6 MONTHS AFTER PUBLICATION OF 

THE FINAL RULE].

(b) This subpart does not affect your incineration

unit if you make physical or operational changes to your 

incineration unit primarily to comply with the emission 

guidelines in subpart DDDD of this part (Emission 

Guidelines and Compliance Times for Commercial and 

Industrial Solid Waste Incineration Units). Such changes 

do not qualify as reconstruction or modification under this 

subpart. 

§60.2020 What combustion units are exempt from this 

subpart? 

This subpart exempts the types of units described in 

paragraphs (a), (c) through (i) and (m) of this section, 

but some units are required to provide notifications. Air 

curtain incinerators are exempt from the requirements in 

this subpart except for the provisions in §§60.2242, 

60.2250, and 60.2260.. 

(a) Pathological waste incineration units. 

Incineration units burning 90 percent or more by weight (on 

a calendar quarter basis and excluding the weight of 

auxiliary fuel and combustion air) of pathological waste, 

low-level radioactive waste, and/or chemotherapeutic waste 

as defined in §60.2265 are not subject to this subpart if 

you meet the two requirements specified in paragraphs 

(a)(1) and (2) of this section. 

(1) Notify the Administrator that the unit meets 

these criteria. 

(2) Keep records on a calendar quarter basis of the 

weight of pathological waste, low-level radioactive waste, 

and/or chemotherapeutic waste burned, and the weight of all 

other fuels and wastes burned in the unit. 

(b) [Reserved]

Deleted: C

Deleted: November 30, 1999

Deleted: C

Deleted: on or

Deleted: June 1, 2001

Deleted: 

Deleted: This subpart exempts 

fifteen types of units 

described in paragraphs (a) 

through (o) of this section

Deleted: Agricultural waste 

incineration units. 

Incineration units burning 

90 percent or more by weight 

(on a calendar quarter basis 

and excluding the weight of 

auxiliary fuel and 

combustion air) of 

agricultural wastes as 

defined in §60.2265 are not 

subject to this subpart if 

you meet the two 

requirements specified in 

paragraphs (b)(1) and (2) of 

this section.¶

(1) Notify the Administrator 

that the unit meets these 

criteria.¶

(2) Keep records on a 

calendar quarter basis of 

the weight of agricultural 

waste burned, and the weight 

of all other fuels and 

wastes burned in the unit.
(c) Municipal waste combustion units. Incineration 

units that are regulated under subpart Ea of this part 

(Standards of Performance for Municipal Waste Combustors); 

subpart Eb of this part (Standards of Performance for Large 

Municipal Waste Combustors; subpart Cb of this part

(Emission Guidelines and Compliance Time for Large 

Municipal Combustors; AAAA of this part (Standards of 

Performance for Small Municipal Waste Combustion Units); or 

subpart BBBB of this part (Emission Guidelines for Small 

Municipal Waste Combustion Units). (d) Medical waste 

incineration units. Incineration units regulated under 

subpart Ec of this part (Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996) or subpart 

Ce of this part (Emission Guidelines and Compliance Times 

for Hospital/Medical/Infectious Waste Incinerators). 

(e) Small power production facilities. Units that 

meet the three requirements specified in paragraphs (e)(1) 

through (3) of this section. 

(1) The unit qualifies as a small power-production

facility under section 3(17)(C) of the Federal Power Act 

(16 U.S.C. 796(17)(C)). 

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity. 

(3) You notify the Administrator that the unit meets 

all of these criteria. 

(f) Cogeneration facilities. Units that meet the 

three requirements specified in paragraphs (f)(1) through 

(3) of this section. 

(1) The unit qualifies as a cogeneration facility 

under section 3(18)(B) of the Federal Power Act (16 U.S.C. 

796(18)(B)). 

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity and steam or 

other forms of energy used for industrial, commercial, 

heating, or cooling purposes. 

(3) You notify the Administrator that the unit meets 

all of these criteria. 

Deleted: meet either of the 

two criteria specified in 

paragraph (c)(1) or (2) of 

this section.

Deleted: for Which 

Construction is Commenced 

After September 20, 1994)

Deleted: that are 

Constructed on or Before 

September 20, 1994)

Deleted: subpart 

Deleted: New Stationary 

Sources: 

Deleted: Existing Stationary 

Sources: 

Deleted: Municipal waste 

combustion units. ¶

Deleted: (2) Burn greater 

than 30 percent municipal 

solid waste or refusederived fuel, as defined in 

subpart Ea, subpart Eb, 

subpart AAAA, and subpart 

BBBB of this part, and that 

have the capacity to burn 

less than 35 tons (32 

megagrams) per day of 

municipal solid waste or 

refuse-derived fuel, if you 

meet the two requirements in 

paragraphs (c)(2)(i) and 

(ii) of this section.¶

(i) Notify the Administrator 

that the unit meets these 

criteria.¶

(ii) Keep records on a 

calendar quarter basis of 

the weight of municipal 

solid waste burned, and the 

weight of all other fuels 

and wastes burned in the 

unit.¶
(g) Hazardous waste combustion units. Units for which 

you are required to get a permit under section 3005 of the 

Solid Waste Disposal Act. (h) Materials recovery units. 

Units that combust waste for the primary purpose of

recovering metals, such as primary and secondary smelters. 

(i) Air curtain incinerators. Air curtain 

incinerators that burn only the materials listed in

paragraphs (i)(1) through (3) of this section are only 

required to meet the requirements under “Air Curtain 

Incinerators” (§§60.2245 through 60.2260). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste. 

(j) [Reserved] (k) [Reserved] (l) [Reserved] (m) 

Sewage treatment plants. Incineration units regulated 

under subpart O of this part (Standards of Performance for 

Sewage Treatment Plants). 

(n) Sewage sludge incineration units. Incineration 

units 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.

§60.2025 [Removed] 

§60.2030 Who implements and enforces this subpart? 

(a) This subpart can be implemented and enforced by 

the U.S. Environmental Protection Agency (EPA), or a 

delegated authority such as your state, local, or tribal 

agency. If the EPA Administrator has delegated authority 

to your state, local, or tribal agency, then that agency 

(as well as EPA) has the authority to implement and enforce 

this subpart. You should contact your EPA Regional Office 

to find out if this subpart is delegated to your state, 

local, or tribal agency. 

(b) In delegating implementation and enforcement 

authority of this subpart to a state, local, or tribal 

agency, the authorities contained in paragraph (c) of this 

Deleted: that meet either of 

the two criteria specified 

in paragraph (g)(1) or (2) 

of this section.¶

Deleted: (1) Units for which 

you are required to get a 

permit under section 3005 of 

the Solid Waste Disposal 

Act.¶

(2) Units regulated under 

subpart EEE of 40 CFR part 

63 (National Emission 

Standards for Hazardous Air 

Pollutants from Hazardous 

Waste Combustors).¶

Deleted: Cyclonic barrel 

burners. (See §60.2265)¶

Deleted: Rack, part, and drum 

reclamation units. (See 

§60.2265)¶

Deleted: Cement kilns. Kilns 

regulated under subpart LLL 

of part 63 of this chapter 

(National Emission Standards 

for Hazardous Air Pollutants 

from the Portland Cement 

Manufacturing Industry).¶

Deleted: sludge incinerators

Deleted: Chemical recovery 

units. Combustion units 

burning materials to recover 

chemical constituents or to 

produce chemical compounds 

where there is an existing 

commercial market for such 

recovered chemical 

constituents or compounds. 

The seven types of units 

described in paragraphs 

(n)(1) through (7) of this 

section are considered 

chemical recovery units.¶

(1) Units burning only 

pulping liquors ( i.e., 

black liquor) that are 

reclaimed in a pulping 

liquor recovery process and 

reused in the pulping 

process.¶

(2) Units burning only spent 

sulfuric acid used to 

produce virgin sulfuric 

acid.¶

(3) Units burning only wood 

or coal feedstock for the 

production of charcoal.¶

(4) Units burning only 

manufacturing byproduct 

Deleted: What if my chemical 

recovery unit is not listed 

in §60.2020(n)?¶

(a) If your chemical 

recovery unit is not listed 

in §60.2020(n), you can 

petition the Administrator 

to add your unit to the 

... [1]

... [2]
section are retained by the EPA Administrator and are not 

transferred to the state, local, or tribal agency. 

(c) The authorities that will not be delegated to 

state, local, or tribal agencies are specified in 

paragraphs (c)(1) through (4) and (c)(6) through (9) of 

this section.

(1) Approval of alternatives to the emission 

limitations in table 1 of this subpart and operating limits 

established under §60.2110. 

(2) Approval of major alternatives to test methods. 

(3) Approval of major alternatives to monitoring. 

(4) Approval of major alternatives to recordkeeping 

and reporting. 

(5) [Reserved]

(6) The requirements in §60.2115. 

(7) The requirements in §60.2100(b)(2).

(8) Approval of alternative opacity emission limits 

in §60.2105 under §60.11(e)(6) through (e)(8).

(9) Performance test and data reduction waivers under 

§60.2125(j).

§60.2035 How are these new source performance standards 

structured? 

These new source performance standards contain the 

eleven major components listed in paragraphs (a) through 

(k) of this section. 

(a) Preconstruction siting analysis. 

(b) Waste management plan. 

(c) Operator training and qualification. 

Deleted: The authorities that 

will not be delegated to 

State, local, or tribal 

agencies are specified in 

paragraphs (c)(1) through 

(7) of this section.

Deleted: The requirements in 

§60.2025.
(d) Emission limitations and operating limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

(j) Definitions. 

(k) Tables. 

§60.2040 Do all eleven components of these new source 

performance standards apply at the same time? 

No. You must meet the preconstruction siting analysis 

and waste management plan requirements before you commence 

construction of the CISWI unit. The operator training and 

qualification, emission limitations, operating limits, 

performance testing and compliance, monitoring, and most 

recordkeeping and reporting requirements are met after the 

CISWI unit begins operation. 

Preconstruction Siting Analysis 

§60.2045 Who must prepare a siting analysis?

(a) You must prepare a siting analysis if you plan to 

commence construction of an incinerator after December 1, 

2000. 

(b) You must prepare a siting analysis for CISWI 

units that commenced construction after [INSERT THE DATE OF 

PUBLICATION IN THE FEDERAL REGISTER] or that commenced 

reconstruction or modification after [THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE].

(c) You must prepare a siting analysis if you are 

required to submit an initial application for a 

construction permit under 40 CFR part 51, subpart I, or 40 

CFR part 52, as applicable, for the reconstruction or 

modification of your CISWI unit.

Deleted: CISWI unit

Deleted: if you are required 

to submit an initial 

application for a 

construction permit under 40 

CFR part 51, subpart I, or 

40 CFR part 52, as 

applicable, for the 

reconstruction or 

modification of your CISWI 

unit.
§60.2050 What is a siting analysis? 

(a) The siting analysis must consider air pollution 

control alternatives that minimize, on a site-specific 

basis, to the maximum extent practicable, potential risks 

to public health or the environment. In considering such 

alternatives, the analysis may consider costs, energy 

impacts, nonair environmental impacts, or any other factors 

related to the practicability of the alternatives. 

(b) Analyses of your CISWI unit's impacts that are

prepared to comply with state, local, or other federal 

regulatory requirements may be used to satisfy the 

requirements of this section, provided they include the 

consideration of air pollution control alternatives

specified in paragraph (a) of this section. 

(c) You must complete and submit the siting 

requirements of this section as required under §60.2190(c) 

prior to commencing construction. 

Waste Management Plan 

§60.2055 What is a waste management plan? 

A waste management plan is a written plan that 

identifies both the feasibility and the methods used to 

reduce or separate certain components of solid waste from 

the waste stream in order to reduce or eliminate toxic 

emissions from incinerated waste. 

§60.2060 When must I submit my waste management plan? 

You must submit a waste management plan prior to 

commencing construction. 

§60.2065 What should I include in my waste management 

plan? 

A waste management plan must include consideration of 

the reduction or separation of waste-stream elements such 

as paper, cardboard, plastics, glass, batteries, or metals; 

or the use of recyclable materials. The plan must identify 

any additional waste management measures and implement 

those measures the source considers practical and feasible, 

considering the effectiveness of waste management measures 

already in place, the costs of additional measures, the 
emissions reductions expected to be achieved, and any other 

environmental or energy impacts they might have. 

Operator Training and Qualification 

§60.2070 What are the operator training and qualification 

requirements? 

(a) No CISWI unit can be operated unless a fully 

trained and qualified CISWI unit operator is accessible, 

either at the facility or can be at the facility within 1 

hour. The trained and qualified CISWI unit operator may 

operate the CISWI unit directly or be the direct supervisor 

of one or more other plant personnel who operate the unit. 

If all qualified CISWI unit operators are temporarily not 

accessible, you must follow the procedures in §60.2100. 

(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 (3) of this section. 

(1) Training on the eleven subjects listed in 

paragraphs (c)(1)(i) through (xi) 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, waste 

charging, 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. 

(xi) Waste management practices. 

(2) An examination designed and administered by the 

instructor. 

(3) Written material covering the training course 

topics that may serve as reference material following 

completion of the course. 

§60.2075 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) Six months after your CISWI unit startup. 

(b) December 3, 2001. 

(c) The date before an employee assumes 

responsibility for operating the CISWI unit or assumes 

responsibility for supervising the operation of the CISWI 

unit. 

§60.2080 How do I obtain my operator qualification? 

(a) You must obtain operator qualification by 

completing a training course that satisfies the criteria 

under §60.2070(b). 

(b) Qualification is valid from the date on which the 

training course is completed and the operator successfully 

passes the examination required under §60.2070(c)(2). 

Deleted: Actions to correct 

malfunctions or conditions 

that may lead to 

malfunction.
§60.2085 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, waste charging, 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. 

§60.2090 How do I renew my lapsed operator qualification? 

You must renew a lapsed operator qualification 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 

§60.2085. 

(b) For a lapse of 3 years or more, you must repeat 

the initial qualification requirements in §60.2080(a). 

§60.2095 What site-specific documentation is required? 

(a) Documentation must be available at the facility 

and readily accessible for all CISWI unit operators that 

addresses the ten topics described in paragraphs (a)(1) 

through (10) of this section. You must maintain this 

information and the training records required by paragraph 

(c) of this section in a manner that they can be readily 

accessed and are suitable for inspection upon request. 

(1) Summary of the applicable standards under this

subpart. 

Deleted: Responses to 

malfunctions or conditions 

that may lead to 

malfunction.
(2) Procedures for receiving, handling, and charging 

waste. 

(3) Incinerator startup, shutdown, and malfunction

procedures. 

(4) Procedures for maintaining proper combustion air 

supply levels. 

(5) Procedures for operating the incinerator and 

associated air pollution control systems within the

standards established under this subpart. 

(6) Monitoring procedures for demonstrating 

compliance with the incinerator operating limits. 

(7) Reporting and recordkeeping procedures. 

(8) The waste management plan required under 

§§60.2055 through 60.2065. 

(9) Procedures for handling ash. 

(10) A list of the wastes burned during the 

performance test. 

(b) You must establish a program for reviewing the

information listed in paragraph (a) of this section with 

each incinerator operator. 

(1) The initial review of the information listed in 

paragraph (a) of this section 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 CISWI unit, whichever date is later. 

(2) Subsequent annual reviews of the information 

listed in paragraph (a) of this section must be conducted 

not later than 12 months following the previous review. 

(c) You must also maintain the information specified 

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

(1) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2095(a) 

as required by §60.2095(b), including the date of the 

initial review and all subsequent annual reviews. 
(2) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2070, met the criteria for qualification under 

§60.2080, and maintained or renewed their qualification 

under §60.2085 or §60.2090. Records must include 

documentation of training, the dates of the initial and 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours. 

§60.2100 What if all the qualified operators are 

temporarily not accessible? 

If all qualified operators are temporarily not 

accessible (i.e., not at the facility and not able to be at 

the facility within 1 hour), you must meet one of the two 

criteria specified in paragraphs (a) and (b) of this 

section, depending on the length of time that a qualified 

operator is not accessible. 

(a) When all qualified operators are not accessible 

for more than 8 hours, but less than 2 weeks, the CISWI 

unit may be operated by other plant personnel familiar with 

the operation of the CISWI unit who have completed a review 

of the information specified in §60.2095(a) within the past 

12 months. However, you must record the period when all 

qualified operators were not accessible and include this 

deviation in the annual report as specified under §60.2210. 

(b) When all qualified operators are not accessible 

for 2 weeks or more, you must take the two actions that are 

described in paragraphs (b)(1) and (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. 

(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 CISWI 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. If 

the Administrator notifies you that your request to

continue operation of the CISWI unit is disapproved, the 

CISWI unit may continue operation for 90 days, then must 

cease operation. Operation of the unit may resume if you 

meet the two requirements in paragraphs (b)(2)(i) and (ii) 

of this section. 

(i) A qualified operator is accessible as required

under §60.2070(a). 

(ii) You notify the Administrator that a qualified

operator is accessible and that you are resuming operation. 

Emission Limitations and Operating Limits 

§60.2105 What emission limitations must I meet and by 

when? 

(a) You must meet the emission limitations for each 

unit, including bypass stack or vent, specified in table 1 

of this subpart or tables 5 through 9 of this subpart by 

the applicable date in §60.2140. You must be in compliance 

with the emission limitations of this subpart that apply to 

you at all times.

(b) An incinerator that commenced construction after 

November 30, 1999 but no later than [INSERT THE DATE OF 

PUBLICATION IN THE FEDERAL REGISTER] or that commenced 

reconstruction or modification on or after June 1, 2001 but 

no later than [THE DATE 6 MONTHS AFTER PUBLICATION OF THE 

FINAL RULE] must meet the more stringent emission limit for 

the respective pollutant in table 1 of this subpart or 

table 6 of subpart DDDD.

(c) Units that do not use wet scrubbers must maintain 

opacity to less than or equal to the percent opacity (1-

hour block average) specified in table 1 of this subpart or 

tables 5 through 9 of this subpart, as applicable.

§60.2110 What operating limits must I meet and by when? 

(a) If you use a wet scrubber to comply with the 

emission limitations, you must establish operating limits 

Deleted: You must meet the 

emission limitations 

specified in table 1 of this 

subpart 60 days after your 

CISWI unit reaches the 

charge rate at which it will 

operate, but no later than 

180 days after its initial 

startup.¶

Deleted: ¶
for four operating parameters (as specified in table 2 of 

this subpart) as described in paragraphs (a)(1) through (4) 

of this section during the initial performance test. 

(1) Maximum charge rate, calculated using one of the 

two different procedures in paragraph (a)(1)(i) or (ii), as 

appropriate. 

(i) For continuous and intermittent units, maximum

charge rate is 110 percent of the average charge rate 

measured during the most recent performance test 

demonstrating compliance with all applicable emission 

limitations. 

(ii) For batch units, maximum charge rate is 110 

percent of the daily charge rate measured during the most 

recent performance test demonstrating compliance with all 

applicable emission limitations. 

(2) Minimum pressure drop across the wet scrubber,

which is calculated as 90 percent of the average pressure 

drop across the wet scrubber measured during the most 

recent performance test demonstrating compliance with the 

particulate matter emission limitations; or minimum

amperage to the wet scrubber, which is calculated as 90 

percent of the average amperage to the wet scrubber

measured during the most recent performance test 

demonstrating compliance with the particulate matter 

emission limitations. 

(3) Minimum scrubber liquor flow rate, which is 

calculated as 90 percent of the average liquor flow rate at 

the inlet to the wet scrubber measured during the most 

recent performance test demonstrating compliance with all 

applicable emission limitations. 

(4) Minimum scrubber liquor pH, which is calculated 

as 90 percent of the average liquor pH at the inlet to the 

wet scrubber measured during the most recent performance 

test demonstrating compliance with the HCl emission

limitation. 

(b) You must meet the operating limits established

during the initial performance test 60 days after your 

CISWI unit reaches the charge rate at which it will

operate, but no later than 180 days after its initial 

startup. 
(c) If you use a fabric filter to comply with the 

emission limitations, you must operate each fabric filter 

system such that the bag leak detection system alarm does 

not sound more than 5 percent of the operating time during 

a 6-month period. In calculating this operating time 

percentage, if inspection of the fabric filter demonstrates 

that no corrective action is required, no alarm time is 

counted. If corrective action is required, each alarm shall 

be counted as a minimum of 1 hour. If you take longer than 

1 hour to initiate corrective action, the alarm time shall 

be counted as the actual amount of time taken by you to 

initiate corrective action. 

(d) If you use an electrostatic precipitator to 

comply with the emission limitations, you must measure the 

voltage and amperage of the electrostatic precipitator 

collection plates during the particulate matter performance 

test. Calculate the average value of these parameters for 

each test run. The minimum test run averages establish 

your site-specific minimum voltage and amperage operating 

limits for the electrostatic precipitator.

(e) If you use activated carbon injection to comply 

with the emission limitations, you must measure the mercury 

sorbent flow rate during the mercury performance test. The 

minimum mercury sorbent flow rate test run averages

establish your site-specific minimum mercury sorbent flow 

rate.

(f) If you use selective noncatalytic reduction to

comply with the emission limitations, you must establish 

the maximum charge rate, the minimum secondary chamber 

temperature (if applicable to your CISWI unit), and the 

minimum reagent flow rate as site-specific operating 

parameters during the initial nitrogen oxides performance 

test to determine compliance with the emissions limits.

§60.2115 What if I do not use a wet scrubber, activated 

carbon injection, selective noncatalytic reduction, or an 

electrostatic precipitator to comply with the emission 

limitations? 

(a) If you use an air pollution control device other 

than a wet scrubber, activated carbon injection, selective 

noncatalytic reduction, or an electrostatic precipitator or 

limit emissions in some other manner to comply with the 

emission limitations under §60.2105, you must petition the 

Deleted: ¶
EPA Administrator for specific operating limits to be 

established during the initial performance test and

continuously monitored thereafter. You must not conduct 

the initial performance test until after the petition has 

been approved by the Administrator. Your petition must 

include the 5 items listed in paragraphs (1) through (5) of 

this section. 

 (1) Identification of the specific parameters you 

propose to use as additional operating limits. 

(2) 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. 

(3) A discussion of how you will establish the upper

and/or lower values for these parameters which will

establish the operating limits on these parameters.

(4) 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. 

(5) A discussion identifying the frequency and 

methods for recalibrating the instruments you will use for 

monitoring these parameters. 

(b) For energy recovery units that do not use a wet 

scrubber, you must install, operate, certify, and maintain 

a continuous opacity monitoring system according to the 

procedures in §60.2145 by the compliance date specified in 

§60.2105.

§ 60.2120 [Removed]. 

Performance Testing 

§60.2125 How do I conduct the initial and annual 

performance test? 

Deleted: five

Deleted: (a)

Deleted: (e)

Deleted: a

Deleted: b

Deleted: c

Deleted: d

Deleted: e

Deleted: What happens 

during periods of startup, 

shutdown, and malfunction?¶

(a) The emission limitations 

and operating limits apply 

at all times except during 

CISWI unit startups, 

shutdowns, or malfunctions

Deleted: (b) Each malfunction 

must last no longer than 3 

hours.
(a) All performance tests must consist of a minimum 

of three test runs conducted under conditions 

representative of normal operations. 

(b) You must document that the waste burned during

the performance test is representative of the waste burned 

under normal operating conditions by maintaining a log of 

the quantity of waste burned (as required in 

§60.2175(b)(1)) and the types of waste burned during the 

performance test. 

(c) All performance tests must be conducted using the 

minimum run duration specified in table 1 of this subpart

or tables 5 through 9 of this subpart. 

(d) Method 1 of appendix A of this part must be used 

to select the sampling location and number of traverse 

points. 

(e) Method 3A or 3B of appendix A of this part must 

be used for gas composition analysis, including measurement 

of oxygen concentration. Method 3A or 3B of appendix A of 

this part must be used simultaneously with each method. 

(f) All pollutant concentrations, except for opacity, 

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; and 

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

(g) You must determine dioxins/furans toxic 

equivalency by following the procedures in paragraphs 

(g)(1) through (3) of this section. 
(1) Measure the concentration of each dioxin/furan

tetra-through octachlorinated-congener emitted using EPA 

Method 23. 

(2) For each dioxin/furan (tetra-through 

octachlorinated) congener measured in accordance with 

paragraph (g)(1) of this section, multiply the congener 

concentration by its corresponding toxic equivalency factor 

specified in table 3 of this subpart. 

(3) Sum the products calculated in accordance with

paragraph (g)(2) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency. 

(h) Method 22 of appendix A-7 of this part must be

used to determine compliance with the fugitive ash emission 

limit in table 1 of this subpart or tables 5 through 9 of 

this subpart.

(i) Except as specified in paragraphs (i)(1),(i)(2), 

(i)(3), and (i)(4) of this section, within 60 days after 

achieving the maximum production rate at which the affected 

facility will be operated, but not later than 180 days 

after initial startup of such facility, or at such other 

times specified by this part, and at such other times as 

may be required by the Administrator under section 114 of 

the Clean Air Act, the owner or operator of such facility 

must conduct performance test(s) and furnish the 

Administrator a written report of the results of such 

performance test(s).

(1) If a force majeure is about to occur, occurs, or 

has occurred for which the affected owner or operator 

intends to assert a claim of force majeure, the owner or 

operator must notify the Administrator, in writing as soon 

as practicable following the date the owner or operator 

first knew, or through due diligence should have known that 

the event may cause or caused a delay in testing 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) The owner or operator must provide to the 

Administrator a written description of the force majeure 
event and a rationale for attributing the delay in testing 

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 the owner or operator 

proposes to conduct the performance test. The performance 

test must be conducted as soon as practicable after the 

force majeure occurs.

(3) The decision as to whether or not to grant an 

extension to the performance test deadline is solely within 

the discretion of the Administrator. The Administrator 

will notify the owner or operator in writing of approval or 

disapproval of the request for an extension as soon as 

practicable.

(4) Until an extension of the performance test 

deadline has been approved by the Administrator under 

paragraphs (i)(1), (2), and (3) of this section, the owner 

or operator of the affected facility remains strictly 

subject to the requirements of this part.

(j) 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.

(1) Specifies or approves, in specific cases, the use 

of a reference method with minor changes in methodology.

(2) Approves the use of an equivalent method.

(3) 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.

(4) Waives the requirement for performance tests 

because the owner or operator of a source has demonstrated 

by other means to the Administrator’s satisfaction that the 

affected facility is in compliance with the standard.

(5) Approves shorter sampling times and smaller 

sample volumes when necessitated by process variables or 

other factors. Nothing in this paragraph is construed to 

abrogate the Administrator’s authority to require testing 

under section 114 of the Clean Air Act.
(k) Performance tests must be conducted under such

conditions as the Administrator shall specify to the plant 

operator based on representative performance of the

affected facility. The owner or operator must make

available to the Administrator such records as may be 

necessary to determine the conditions of the performance 

tests.

(l) The owner or operator of an affected facility 

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, the owner or operator of an 

affected facility must notify the Administrator (or

delegated state or local agency) 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 (or delegated state or local agency) by 

mutual agreement.

(m) The owner or operator of an affected facility 

must provide, or cause to be provided, performance testing 

facilities as follows:

(1) Sampling ports adequate for test methods 

applicable to such facility. This includes the following. 

(i) 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. 

(ii) Providing a stack or duct free of cyclonic flow 

during performance tests, as demonstrated by applicable 

test methods and procedures.

(2) Safe sampling platform(s).

(3) Safe access to sampling platform(s).

(4) Utilities for sampling and testing equipment.
(n) 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. For the purpose of determining 

compliance with an applicable standard, the arithmetic 

means of results of the three runs apply. 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 the owner or operator’s control, 

compliance may, upon the Administrator’s approval, be 

determined using the arithmetic mean of the results of the 

two other runs.

§60.2130 How are the performance test data used? 

You use results of performance tests to demonstrate

compliance with the emission limitations in table 1 of this 

subpart or tables 5 through 9 of this subpart. 

Initial Compliance Requirements 

§60.2135 How do I demonstrate initial compliance with the 

emission limitations and establish the operating limits? 

You must conduct an initial performance test, as 

required under §60.2125 and §60.2105 to determine 

compliance with the emission limitations in table 1 of this 

subpart or tables 5 through 9 of this subpart and to 

establish operating limits using the procedures in §60.2110 

or §60.2115. The initial performance test must be 

conducted using the test methods listed in table 1 of this 

subpart or tables 5 through 9 of this subpart and the 

procedures in §60.2125. The use of the bypass stack during 

a performance test shall invalidate the performance test.

§60.2140 By what date must I conduct the initial 

performance test? 

The initial performance test must be conducted within 

60 days after your CISWI unit reaches the charge rate at 

which it will operate, but no later than 180 days after its 

initial startup. 

Deleted: 8

Deleted: ¶
§60.2141 By what date must I conduct the initial air 

pollution control device inspection?

(a) The initial air pollution control device 

inspection must be conducted within 60 days after 

installation of the control device and the associated CISWI 

unit reaches the charge rate at which it will operate, but 

no later than 180 days after the device’s initial startup.

(b) Within 10 operating days following an air 

pollution control device inspection, all necessary repairs 

must be completed unless the owner or operator obtains 

written approval from the state agency establishing a date 

whereby all necessary repairs of the designated facility 

must be completed.

Continuous Compliance Requirements 

§60.2145 How do I demonstrate continuous compliance with 

the emission limitations and the operating limits? 

(a) You must conduct an annual performance test for 

particulate matter, hydrogen chloride, fugitive ash, and 

opacity for each CISWI unit as required under §60.2125 to 

determine compliance with the emission limitations. The 

annual performance test must be conducted using the test 

methods listed in table 1 of this subpart or tables 5 

through 9 of this subpart and the procedures in §60.2125. 

(b) You must continuously monitor the operating 

parameters specified in §60.2110 or established under 

§60.2115. Operation above the established maximum or below 

the established minimum operating limits constitutes a 

deviation from the established operating limits. Threehour rolling average values are used to determine 

compliance (except for baghouse leak detection system 

alarms) unless a different averaging period is established 

under §60.2115. Operating limits are confirmed or 

reestablished during performance tests. 

(c) You must only burn the same types of waste used 

to establish operating limits during the performance test. 

(d) For energy recovery units, incinerators, burn-off 

ovens, and small remote units, you must perform annual 

visual emissions test for ash handling.

Deleted: §60.8 

Deleted: do not apply during 

performance tests

Deleted: ¶
(e) For energy recovery units, you must conduct an

annual performance test for opacity (except where 

particulate matter continuous emission monitoring system 

are used for compliance) and the pollutants (except for 

carbon monoxide) listed in table 1 of this subpart or 

tables 5 through 9 of this subpart. 

(f) For energy recovery units, demonstrate continuous 

compliance with the carbon monoxide emission limit using a 

carbon monoxide continuous emission monitoring system 

according to the following requirements: 

(1) Determine continuous compliance with the carbon 

monoxide emissions limit using a 24-hour block average, 

calculated as specified in section 12.4.1 of EPA Reference 

Method 19 of appendix A–7 of this part.

(2) Operate the carbon monoxide continuous emission 

monitoring system in accordance with the requirements of 

performance specification 4B of appendix B of this part and 

quality assurance procedure one of appendix F of this part.

(g) For energy recovery units with design capacities 

greater than 250 MMBtu/hr, demonstrate continuous 

compliance with the particulate matter emissions limit 

using a particulate matter continuous emission monitoring 

system according to the procedures in §60.2165(n).

(h) For waste-burning kilns, you must conduct an 

annual performance test for particulate matter, hydrogen 

chloride, fugitive ash, and opacity (as mentioned in 

section 60.2145(a)), nitrogen oxides and sulfur dioxide as 

listed in table 7 of this subpart. You must determine 

compliance with the mercury emissions limit using a mercury 

continuous emission monitoring system according to the 

following requirements:

(1) Operate a continuous emission monitor in 

accordance with performance specification 12A of 40 CFR 

part 60, appendix B or a sorbent trap based integrated 

monitor in accordance with performance specification 12B of 

40 CFR part 60, appendix B or appendix K of 40 CFR part 75. 

The duration of the performance test must be a calendar 

month. For each calendar month in which the waste-burning 

kiln operates, hourly mercury concentration data, and stack 

gas volumetric flow rate data must be obtained. 

Deleted: ¶

Deleted: ¶
(2) Owners or operators using a mercury continuous 

emission monitoring system must install, operate, 

calibrate, and maintain an instrument for continuously 

measuring and recording the exhaust gas flow rate to the 

atmosphere according to the requirements of performance 

specification 12A of 40 CFR part 60, appendix B and quality 

assurance procedure 5 of 40 CFR part 60, appendix F, upon 

promulgation.

(3) The owner or operator of a waste-burning kiln 

must demonstrate initial compliance by operating a mercury

continuous emission monitoring system while the raw mill of 

the in-line kiln/raw mill is under normal operating

conditions and while the raw mill of the in-line kiln/raw 

mill is not operating.

(i) If you use an air pollution control device to 

meet the emission limitations in this subpart, you must 

conduct an initial and annual inspection of the air

pollution control device. The inspection must include, at 

a minimum, the following:

(1) Inspect air pollution control device(s) for 

proper operation.

(2) Develop a site-specific monitoring plan according 

to the requirements in paragraph (j) of this section. This 

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under 

§60.13(i).

(j) For each continuous monitoring system required in 

this section, you must develop and submit to the EPA 

Administrator for approval a site-specific monitoring plan 

according to the requirements of this paragraph (j) that 

addresses paragraphs (j)(1)(i) through (vi) of this

section. 

(1) You must submit this site-specific monitoring 

plan at least 60 days before your initial performance 

evaluation of your continuous monitoring system. 

(i) 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 

Deleted: 
emissions (e.g., on or downstream of the last control 

device).

(ii) Performance and equipment specifications for the 

sample interface, the pollutant concentration or parametric 

signal analyzer and the data collection and reduction 

systems.

 (iii) Performance evaluation procedures and 

acceptance criteria (e.g., calibrations).

 (iv) Ongoing operation and maintenance procedures in 

accordance with the general requirements of §60.11(d).

 (v) Ongoing data quality assurance procedures in 

accordance with the general requirements of §60.13.

 (vi) Ongoing recordkeeping and reporting procedures 

in accordance with the general requirements of 

§60.7(b),(c), (c)(1), (c)(4), (d), (e), (f), and (g).

 (2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific monitoring plan.

 (3) You must operate and maintain the continuous 

monitoring system in continuous operation according to the 

site-specific monitoring plan.

(k) If you have an operating limit that requires the 

use of a flow measurement device, you must meet the

requirements in paragraphs (j) and (k)(1) through (4) of 

this section.

 (1) Locate 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 2 percent of the flow rate.

 (3) Reduce swirling flow or abnormal velocity 

distributions due to upstream and downstream disturbances.

 (4) Conduct a flow sensor calibration check at least 

semiannually.
 (l) If you have an operating limit that requires the 

use of a pressure measurement device, you must meet the 

requirements in paragraphs (j) and (l)(1) through (6) of 

this section.

 (1) Locate the pressure sensor(s) in a position that 

provides a representative measurement of the pressure.

 (2) Minimize or eliminate pulsating pressure, 

vibration, and internal and external corrosion.

 (3) Use a gauge with a minimum tolerance of 1.27 

centimeters of water or a transducer with a minimum

tolerance of 1 percent of the pressure range.

 (4) Check pressure tap pluggage daily.

 (5) Using a manometer, check gauge calibration 

quarterly and transducer calibration monthly.

 (6) Conduct calibration checks any time the sensor 

exceeds the manufacturer's specified maximum operating 

pressure range or install a new pressure sensor.

 (m) If you have an operating limit that requires the 

use of a pH measurement device, you must meet the 

requirements in paragraphs (j) and (m)(1) through (3) of 

this section.

 (1) Locate 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) Check the pH meter's calibration on at least two 

points every 8 hours of process operation.

 (n) If you have an operating limit that requires the 

use of equipment to monitor voltage and secondary current 

(or total power input) of an electrostatic precipitator, 

you must use voltage and secondary current monitoring 

equipment to measure voltage and secondary current to the

electrostatic precipitator.

 (o) If you have an operating limit that requires the 

use of equipment to monitor sorbent injection rate (e.g., 
weigh belt, weigh hopper, or hopper flow measurement 

device), you must meet the requirements in paragraphs (j) 

and (o)(1) through (3) of this section.

 (1) Locate the device in a position(s) that provides 

a representative measurement of the total sorbent injection 

rate.

(2) Install and calibrate the device in accordance 

with manufacturer's procedures and specifications.

(3) At least annually, calibrate the device in 

accordance with the manufacturer's procedures and 

specifications.

(p) If you elect to use a fabric filter bag leak 

detection system to comply with the requirements of this 

subpart, you must install, calibrate, maintain, and

continuously operate a bag leak detection system as

specified in paragraphs (p)(1) through (8) of this section.

(1) You must install and operate a bag leak detection 

system for each exhaust stack of the fabric filter.

(2) Each bag leak detection system must be installed, 

operated, calibrated, and maintained in a manner consistent 

with the manufacturer's written specifications and 

recommendations and in accordance with the guidance

provided in EPA–454/R–98–015, September 1997.

(3) The bag leak detection system must be certified 

by the manufacturer to be capable of detecting particulate 

matter emissions at concentrations of 10 milligrams per 

actual cubic meter or less.

 (4) The bag leak detection system sensor must provide 

output of relative or absolute particulate matter loadings.

 (5) The bag leak detection system must be equipped 

with a device to continuously record the output signal from 

the sensor.

 (6) The bag leak detection system must be equipped 

with an alarm system that will sound automatically when an 

increase in relative particulate matter emissions over a 

preset level is detected. The alarm must be located where 

it is easily heard by plant operating personnel.
 (7) 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.

 (8) Where multiple bag leak detectors are required, 

the system's instrumentation and alarm may be shared among 

detectors.

(q) For facilities using a continuous emission 

monitoring system to demonstrate compliance with the sulfur 

dioxide emission limit, compliance with the sulfur dioxide 

emission limit may be demonstrated by using the continuous 

emission monitoring system specified in §60.2165 to measure 

sulfur dioxide and calculating a 24-hour daily geometric 

average emission concentration using EPA Reference Method 

19, sections 4.3 and 5.4, as applicable. The sulfur 

dioxide continuous emission monitoring system must be 

operated according to performance specification 2 in 

appendix B of this part and must follow the procedures and 

methods specified in this paragraph (q). For sources that 

have actual inlet emissions less than 100 parts per million 

dry volume, the relative accuracy criterion for inlet 

sulfur dioxide continuous emission monitoring systems 

should be no greater than 20 percent of the mean value of 

the reference 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 reference 

method and the continuous emission monitoring systems, 

whichever is greater.

(1) During each relative accuracy test run of the 

continuous emission monitoring system required by 

performance specification 2 in appendix B of this part, 

sulfur dioxide and oxygen (or carbon dioxide) data must be 

collected concurrently (or within a 30- to 60-minute 

period) by both the continuous emission monitors and the 

test methods specified in paragraphs (q)(1)(i) and 

(q)(1)(ii) of this section.

(i) For sulfur dioxide, EPA Reference Method 6, 6A, 

or 6C, or as an alternative ANSI/ASME PTC–19.10–1981 Flue 

and Exhaust Gas Analysis [Part 10, Instruments and 

Apparatus] (incorporated by reference, see §60.17), must be 

used.
(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3, 3A, or 3B, or as an alternative ANSI/ASME PTC–

19.10–1981 Flue and Eshaust Gas Analysis [Part 10, 

Instruments and Apparatus] (incorporated by reference, see 

§60.17) as applicable, must be used.

(2) The span value of the continuous emission 

monitoring system at the inlet to the sulfur dioxide 

control device must be 125 percent of the maximum estimated 

hourly potential sulfur dioxide emissions of the unit 

subject to this rule. The span value of the continuous 

emission monitoring system at the outlet of the sulfur 

dioxide control device must be 50 percent of the maximum 

estimated hourly potential sulfur dioxide emissions of the 

unit subject to this rule.

(3) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance 

with procedure 1 in appendix F of this part.

(4) When sulfur dioxide emissions data are not 

obtained because of continuous emission monitoring system 

breakdowns, repairs, calibration checks, and/or zero and 

span adjustments, emissions data must be obtained by using 

other monitoring systems as approved by EPA or EPA 

Reference Method 19 to provide, as necessary, valid

emissions data for a minimum of 85 percent of the hours per 

day, 90 percent of the hours per calendar quarter, and 95 

percent of the hours per calendar year that the affected 

facility is operated and combusting solid waste (as that 

term is defined by the Administrator under RCRA in 40 CFR 

240).

(r) For facilities using a continuous emission 

monitoring system to demonstrate continuous compliance with 

the nitrogen oxides emission limit, compliance with the 

nitrogen oxides emission limit may be demonstrated by using 

the continuous emission monitoring system specified in 

§60.2165 to measure nitrogen oxides and calculating a 24-

hour daily arithmetic average emission concentration using 

EPA Reference Method 19, section 4.1. The nitrogen oxides 

continuous emission monitoring system must be operated 

according to performance specification 2 in appendix B of 

this part and must follow the procedures and methods 

specified in paragraphs (r)(1) through (r)(5) of this 

section.
(1) During each relative accuracy test run of the 

continuous emission monitoring system required by 

performance specification 2 of appendix B of this part, 

nitrogen oxides and oxygen (or carbon dioxide) data must be 

collected concurrently (or within a 30- to 60-minute 

period) by both the continuous emission monitors and the 

test methods specified in paragraphs (r)(1)(i) and 

(r)(1)(ii) of this section.

(i) For nitrogen oxides, EPA Reference Method 7, 7A, 

7C, 7D, or 7E must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference 

Method 3, 3A, or 3B, or as an alternative ANSI/ASME PTC–19–

10.1981 -Flue and Exhaust Gas Analysis [Part 10, 

Instruments and Apparatus] (incorporated by reference, see 

§60.17) as applicable, must be used.

(2) The span value of the continuous emission 

monitoring system must be 125 percent of the maximum 

estimated hourly potential nitrogen oxide emissions of the 

unit.

(3) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance 

with procedure 1 in appendix F of this part.

(4) When nitrogen oxides continuous emission 

monitoring system data are not obtained because of 

continuous emission monitoring system breakdowns, repairs, 

calibration checks, and zero and span adjustments, 

emissions data must be obtained using other monitoring 

systems as approved by EPA or EPA Reference Method 19 to 

provide, as necessary, valid emissions data for a minimum 

of 85 percent of the hours per day, 90 percent of the hours 

per calendar quarter, and 95 percent of the hours per 

calendar year the unit is operated and combusting municipal 

solid waste.

(5) The owner or operator of an affected facility may 

request that compliance with the nitrogen oxides emission 

limit 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 (r)(5)(i) through (r)(5)(iv) of this section. 

This relationship may be re-established during performance 

compliance tests.

(i) The fuel factor equation in Method 3B must be 

used to determine the relationship between oxygen and 

carbon dioxide at a sampling location. Method 3, 3A, or 3B, 

or as an alternative ANSI/ASME PTC–19.10–1981 -Flue and 

Exhaust Gas Analysis [Part 10, Instrument and Apparatus] 

(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 3 runs must be performed.

(s) For facilities using a continuous emission 

monitoring system to demonstrate continuous compliance with 

any of the emission limits of this subpart, you must 

complete the following:

(1) Demonstrate compliance with the appropriate 

emission limit(s) using a 24-hour block average, calculated 

following the procedures in EPA Method 19 of appendix A-7 

of this part.

(2) Operate all continuous emission monitoring 

systems in accordance with the applicable procedures under 

appendices B and F of this part.

(t) Use of the bypass stack at any time is an 

emissions standards deviation for particulate matter, HCl, 

Pb, Cd, and Hg.

§60.2150 By what date must I conduct the annual 

performance test? 

You must conduct annual performance tests within 12

months following the initial performance test. Conduct 

subsequent annual performance tests within 12 months 

following the previous one. 

Deleted: for particulate 

matter, hydrogen chloride, 

and opacity 
§60.2151 By what date must I conduct the annual air 

pollution control device inspection?

On an annual basis (no more than 12 months following 

the previous annual air pollution control device 

inspection), you must complete the air pollution control 

device inspection as described in §60.2141.

§60.2155 May I conduct performance testing less often? 

(a) You can test less often for particulate matter, 

hydrogen chloride, fugitive ash, or opacity provided:

(1) You have test data for at least 3 consecutive 

years.

(2) The test data results for particulate matter, 

hydrogen chloride, fugitive ash, or opacity is less than 75 

percent of the emissions or opacity limit.

(3) There are no changes in the operation of the 

affected source or air pollution control equipment that 

could affect 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 36 months following the

previous performance test.

(b) If your CISWI unit continues to emit less than 75 

percent of the emission limitation for particulate matter, 

hydrogen chloride, fugitive ash, or opacity, and there are 

no changes in the operation of the affected facility or air 

pollution control equipment that could increase emissions, 

you may choose to conduct performance tests for these 

pollutants every third year, but each test must be within 

36 months of the previous performance test. 

(c) If a performance test shows emissions exceeded 75 

percent or greater of the emission or opacity limitation 

for particulate matter, hydrogen chloride, fugitive ash, or 

opacity, you must conduct annual performance tests for that 

pollutant until all performance tests over a 3-year period 

are within 75 percent of the applicable emission 

limitation.

§60.2160 May I conduct a repeat performance test to 

establish new operating limits? 

Deleted: ¶

Deleted: ¶

Deleted: You can test less 

often for a given pollutant 

if you have test data for at 

least 3 years, and all 

performance tests for the 

pollutant (particulate 

matter, hydrogen chloride, 

or opacity) over 3 

consecutive years show that 

you comply with the emission 

limitation. 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 

3rd year and no more than 36 

months following the 

previous performance test.¶

Deleted: meet 

Deleted: If a performance 

test shows a deviation from 

an emission limitation for 

particulate matter, hydrogen 

chloride, or opacity, you 

must conduct annual 

performance tests for that 

pollutant until all 

performance tests over a 3-

year period show compliance. 

(c) 

Deleted: a deviation from an

Deleted: ¶
(a) Yes. You may conduct a repeat performance test at 

any time to establish new values for the operating limits. 

The Administrator may request a repeat performance test at 

any time. 

(b) You must repeat the performance test if your feed 

stream is different than the feed streams used during any 

performance test used to demonstrate compliance. 

Monitoring 

§60.2165 What monitoring equipment must I install and 

what parameters must I monitor? 

(a) If you are using a wet scrubber to comply with

the emission limitation under §60.2105, you must install, 

calibrate (to manufacturers' specifications), maintain, and 

operate devices (or establish methods) for monitoring the 

value of the operating parameters used to determine

compliance with the operating limits listed in table 2 of 

this subpart. These devices (or methods) must measure and 

record the values for these operating parameters at the 

frequencies indicated in table 2 of this subpart at all 

times except as specified in §60.2170(a). 

(b) If you use a fabric filter to comply with the 

requirements of this subpart, you must install, calibrate, 

maintain, and continuously operate a bag leak detection 

system as specified in paragraphs (b)(1) through (8) of 

this section. 

(1) You must install and operate a bag leak detection 

system for each exhaust stack of the fabric filter.

(2) Each bag leak detection system must be installed, 

operated, calibrated, and maintained in a manner consistent 

with the manufacturer's written specifications and 

recommendations. 

(3) The bag leak detection system must be certified 

by the manufacturer to be capable of detecting particulate 

matter emissions at concentrations of 10 milligrams per 

actual cubic meter or less. 

(4) The bag leak detection system sensor must provide 

output of relative or absolute particulate matter loadings. 
(5) The bag leak detection system must be equipped

with a device to continuously record the output signal from 

the sensor. 

(6) The bag leak detection system must be equipped

with an alarm system that will sound automatically when an 

increase in relative particulate matter emissions over a 

preset level is detected. The alarm must be located where 

it is easily heard by plant operating personnel. 

(7) For positive pressure fabric filter systems, a

bag leak detection system must be installed in each

baghouse compartment or cell. For negative pressure or 

induced air fabric filters, the bag leak detector must be 

installed downstream of the fabric filter. 

(8) Where multiple detectors are required, the 

system's instrumentation and alarm may be shared among 

detectors. 

(c) If you are using something other than a wet 

scrubber, activated carbon, selective non-catalytic 

reduction, or an electrostatic precipitator to comply with 

the emission limitations under §60.2105, you must install, 

calibrate (to the manufacturers’ specifications), maintain, 

and operate the equipment necessary to monitor compliance 

with the site-specific operating limits established using 

the procedures in §60.2115. 

(d) If you use activated carbon injection to comply 

with the emission limitations in this subpart, you must 

measure the minimum mercury sorbent flow rate once per 

hour.

(e) If you use selective noncatalytic reduction to 

comply with the emission limitations, you must complete the 

following:

(1) Following the date on which the initial 

performance test is completed or is required to be 

completed under §60.2125, whichever date comes first, 

ensure that the affected facility does not operate above 

the maximum charge rate, or below the minimum secondary 

chamber temperature (if applicable to your CISWI unit) or 

the minimum reagent flow rate measured as 3-hour rolling 

averages (calculated each hour as the average of the 
previous 3 operating hours) at all times. Operating 

parameter limits do not apply during performance tests.

(2) Operation of the affected facility above the 

maximum charge rate, below the minimum secondary chamber 

temperature and below the minimum reagent flow rate

simultaneously constitute a violation of the nitrogen 

oxides emissions limit.

(f) If you use an electrostatic precipitator to 

comply with the emission limits of this subpart, you must 

monitor the voltage and amperage of the electrostatic 

precipitator collection plates and maintain the 3-hour 

block averages at or above the operating limits established 

during the mercury or particulate matter performance test.

(g) To demonstrate continuous compliance with the 

hydrogen chloride emissions limit, a facility may 

substitute use of a hydrogen chloride continuous emission 

monitoring system for conducting the hydrogen chloride 

annual performance test, monitoring the minimum hydrogen 

chloride sorbent flow rate, and monitoring the minimum 

scrubber liquor pH.

(h) To demonstrate continuous compliance with the 

particulate matter emissions limit, a facility may 

substitute use of a particulate matter continuous emission 

monitoring system for conducting the particulate matter 

annual performance test and monitoring the minimum pressure 

drop across the wet scrubber, if applicable.

(i) To demonstrate continuous compliance with the 

dioxin/furan emissions limit, a facility may substitute use 

of a continuous automated sampling system for the 

dioxin/furan annual performance test. You must record the 

output of the system and analyze the sample according to 

EPA Method 23 of appendix A-7 of this part. This option to 

use a continuous automated sampling system takes effect on 

the date a final performance specification applicable to 

dioxin/furan from continuous monitors is published in the 

FEDERAL REGISTER. The owner or operator who elects to 

continuously sample dioxin/furan emissions instead of 

sampling and testing using EPA Method 23 of appendix A-7 

must install, calibrate, maintain, and operate a continuous 

automated sampling system and must comply with the 

requirements specified in §60.58b(p) and (q).
(j) To demonstrate continuous compliance with the 

mercury emissions limit, a facility may substitute use of a 

continuous automated sampling system for the mercury annual 

performance test. You must record the output of the system 

and analyze the sample at set intervals using any suitable 

determinative technique that can meet appropriate 

performance criteria. This option to use a continuous 

automated sampling system takes effect on the date a final 

performance specification applicable to mercury from 

monitors is published in the FEDERAL REGISTER. The owner

or operator who elects to continuously sample mercury 

emissions instead of sampling and testing using EPA

Reference Method 29 of appendix A-8 of this part, ASTM 

D6784-02 (2008), Standard Test Method for Elemental, 

Oxidized, Particle Bound and Total Mercury in Flue Gas 

Generated from Coal-Fired Stationary Sources (Ontario Hydro 

Method), or an approved alternative method for measuring 

mercury emissions, must install, calibrate, maintain, and 

operate a continuous automated sampling system and must 

comply with the requirements specified in §60.58b(p) and 

(q).

(k) To demonstrate continuous compliance with the 

nitrogen oxides emissions limit, a facility may substitute 

use of a continuous emission monitoring system for the 

nitrogen oxides annual performance test to demonstrate 

compliance with the nitrogen oxides emissions limits. 

(1) Install, calibrate, maintain, and operate a 

continuous emission monitoring system for measuring

nitrogen oxides emissions discharged to the atmosphere and 

record the output of the system. The requirements under 

performance specification 2 of appendix B of this part, the 

quality assurance procedure one of appendix F of this part 

and the procedures under §60.13 must be followed for 

installation, evaluation, and operation of the continuous 

emission monitoring system.

(2) Following the date that the initial performance 

test for nitrogen oxides is completed or is required to be 

completed under §60.2125, compliance with the emission 

limit for nitrogen oxides required under §60.52b(d) must be 

determined based on the 24-hour daily arithmetic average of 

the hourly emission concentrations using continuous

emission monitoring system outlet data. The 1-hour

arithmetic averages must be expressed in parts per million 

by volume (dry basis) and used to calculate the 24-hour 
daily arithmetic average concentrations. The 1-hour 

arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(l) To demonstrate continuous compliance with the 

sulfur dioxide emissions limit, a facility may substitute 

use of a continuous automated sampling system for the 

sulfur dioxide annual performance test to demonstrate 

compliance with the sulfur dioxide emissions limits. 

(1) Install, calibrate, maintain, and operate a 

continuous emission monitoring system for measuring sulfur 

dioxide emissions discharged to the atmosphere and record 

the output of the system. The requirements under 

performance specification 2 of appendix B of this part, the 

quality assurance requirements of procedure one of appendix 

F of this part and procedures under §60.13 must be followed 

for installation, evaluation, and operation of the 

continuous emission monitoring system.

(2) Following the date that the initial performance 

test for sulfur dioxide is completed or is required to be 

completed under §60.2125, compliance with the sulfur 

dioxide emission limit may be determined based on the 24-

hour daily geometric average of the hourly arithmetic 

average emission concentrations using continuous emission 

monitoring system outlet data. The 1-hour arithmetic 

averages must be expressed in parts per million corrected 

to 7 percent oxygen (dry basis) and used to calculate the 

24-hour daily geometric average emission concentrations and 

daily geometric average emission percent reductions. The 

1-hour arithmetic averages must be calculated using the 

data points required under §60.13(e)(2).

(m) For energy recovery units that do not use a wet 

scrubber, you must install, operate, certify, and maintain 

a continuous opacity monitoring system according to the 

procedures in paragraphs (m)(1) through (5) of this section 

by the compliance date specified in §60.2105. Energy 

recovery units that use a particulate matter continuous 

emission monitoring system to demonstrate initial and 

continuing compliance according to the procedures in 

§60.2165(n) are not required to install a continuous 

opacity monitoring system and must perform the annual 

performance tests for the opacity consistent with 

§60.2145(e).
(1) Install, operate, and maintain each continuous

opacity monitoring system according to performance 

specification 1 of 40 CFR part 60, appendix B.

(2) Conduct a performance evaluation of each 

continuous opacity monitoring system according to the 

requirements in §60.13 and according to PS-1 of 40 CFR part 

60, appendix B.

(3) As specified in §60.13(e)(1), each continuous 

opacity monitoring system must complete a minimum of one 

cycle of sampling and analyzing for each successive 10-

second period and one cycle of data recording for each 

successive 6-minute period.

(4) Reduce the continuous opacity monitoring system

data as specified in §60.13(h)(1).

(5) Determine and record all the 6-minute averages

(and 1-hour block averages as applicable) collected.

(n) For energy recovery units with design capacities 

greater than 250 MMBtu/hr, in place of particulate matter 

testing with EPA Method 5, an owner or operator must 

install, calibrate, maintain, and operate a continuous 

emission monitoring system for monitoring particulate 

matter emissions discharged to the atmosphere and record 

the output of the system. The owner or operator of an 

affected facility who continuously monitors particulate 

matter emissions instead of conducting performance testing 

using EPA Method 5 must install, calibrate, maintain, and 

operate a continuous emission monitoring system and must 

comply with the requirements specified in paragraphs (n)(1) 

through (n)(14) of this section. 

(1) Notify the Administrator 1 month before starting 

use of the system. 

(2) Notify the Administrator 1 month before stopping 

use of the system.

(3) The monitor must be installed, evaluated, and 

operated in accordance with the requirements of performance 

specification 11 of appendix B of this part and quality 

assurance requirements of procedure two of appendix F of 

this part and §60.13. 
(4) The initial performance evaluation must be 

completed no later than 180 days after the date of initial 

startup of the affected facility, as specified under 

§60.2125 or within 180 days of notification to the 

Administrator of use of the continuous monitoring system if 

the owner or operator was previously determining compliance 

by Method 5 performance tests, whichever is later.

(5) The owner or operator of an affected facility may 

request that compliance with the particulate matter

emission limit be determined using carbon dioxide 

measurements corrected to an equivalent of 7 percent 

oxygen. The relationship between oxygen and carbon dioxide 

levels for the affected facility must be established 

according to the procedures and methods specified in 

§60.2145(r)(5)(i) through (r)(5)(iv).

(6) The owner or operator of an affected facility 

must conduct an initial performance test for particulate 

matter emissions as required under §60.2125. Compliance 

with the particulate matter emission limit must be 

determined by using the continuous emission monitoring 

system specified in paragraph (n) of this section to 

measure particulate matter and calculating a 24-hour block 

arithmetic average emission concentration using EPA

Reference Method 19, section 4.1. 

(7) Compliance with the particulate matter emission 

limit must be determined based on the 24-hour daily (block) 

average of the hourly arithmetic average emission 

concentrations using continuous emission monitoring system 

outlet data.

(8) At a minimum, valid continuous monitoring system 

hourly averages must be obtained as specified in 

§60.2170(e).

(9) The 1-hour arithmetic averages required under 

paragraph (n)(7) of this section must be expressed in 

milligrams per dry standard cubic meter corrected to 7 

percent oxygen (dry basis) and must be used to calculate 

the 24-hour daily arithmetic average emission 

concentrations. The 1-hour arithmetic averages must be 

calculated using the data points required under 

§60.13(e)(2).
(10) All valid continuous emission monitoring system 

data must be used in calculating average emission 

concentrations even if the minimum continuous emission 

monitoring system data requirements of paragraph (n)(8) of 

this section are not met.

(11) The continuous emission monitoring system must 

be operated according to performance specification 11 in 

appendix B of this part. 

(12) During each relative accuracy test run of the

continuous emission monitoring system required by 

performance specification 11 in appendix B of this part, 

particulate matter and oxygen (or carbon dioxide) data must 

be collected concurrently (or within a 30- to 60-minute 

period) by both the continuous emission monitors and the

following test methods.

(i) For particulate matter, EPA Reference Method 5

must be used. 

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3, 3A, or 3B, as applicable must be used. 

(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance 

with procedure 2 in appendix F of this part. 

(14) When particulate matter emissions data are not 

obtained because of continuous emission monitoring system 

breakdowns, repairs, calibration checks, and zero and span 

adjustments, emissions data must be obtained by using other 

monitoring systems as approved by the Administrator or EPA 

Reference Method 19 to provide, as necessary, valid

emissions data for a minimum of 85 percent of the hours per 

day, 90 percent of the hours per calendar quarter, and 95 

percent of the hours per calendar year that the affected 

facility is operated and combusting waste.

(o) For energy recovery units, operate the carbon 

monoxide continuous emission monitoring system in 

accordance with the requirements of performance 

specification 4B of appendix B of this part and quality 

assurance procedure 1 of appendix F of this part.

(p) The owner/operator of an affected source with a 

bypass stack shall 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.

§60.2170 Is there a minimum amount of monitoring data I 

must obtain? 

(a) You must conduct all monitoring at all times the 

CISWI unit is operating. 

(b) You must use all the data collected during all

periods in assessing compliance with the operating limits. 

(c) For continuous emission monitoring systems for

measuring sulfur dioxide emissions, valid continuous 

monitoring system hourly averages must be obtained as 

specified in paragraphs (c)(1) and (c)(2) of this section

for a minimum of 85 percent of the hours per day, 90 

percent of the hours per calendar quarter, and 95 percent 

of the hours per calendar year that the affected facility 

is combusting waste. All valid continuous emission

monitoring system data must be used in calculating average 

emission concentrations and percent reductions even if the 

minimum continuous emission monitoring system data 

requirements of this paragraph (c) are not met.

(1) At least 2 data points per hour must be used to 

calculate each 1-hour arithmetic average.

(2) Each sulfur dioxide 1-hour arithmetic average 

must be corrected to 7 percent oxygen on an hourly basis 

using the 1-hour arithmetic average of the oxygen (or 

carbon dioxide) continuous emission monitoring system data.

(d) For continuous emission monitoring systems for

measuring nitrogen oxides emissions, valid continuous 

emission monitoring system hourly averages must be obtained 

as specified in paragraphs (d)(1) and (d)(2) of this 

section for a minimum of 85 percent of the hours per day, 

90 percent of the hours per calendar quarter, and for 95 

percent of the hours per calendar year that the affected 

facility is combusting waste. All valid continuous emission 

monitoring system data must be used in calculating average 

emission concentrations and percent reductions even if the 

minimum continuous emission monitoring system data 

requirements of this paragraph (d) are not met.

Deleted: Except for monitor 

malfunctions, associated 

repairs, and required 

quality assurance or quality

control activities 

(including, as applicable, 

calibration checks and 

required zero and span 

adjustments of the 

monitoring system), y

Deleted: other 

Deleted: Do not use data 

recorded during monitor 

malfunctions, associated 

repairs, and required 

quality assurance or quality 

control activities for 

meeting the requirements of 

this subpart, including data 

averages and calculations. 
(1) At least 2 data points per hour must be used to 

calculate each 1-hour arithmetic average.

(2) Each nitrogen oxides 1-hour arithmetic average

must be corrected to 7 percent oxygen on an hourly basis 

using the 1-hour arithmetic average of the oxygen (or 

carbon dioxide) continuous emission monitoring system data.

(e) For continuous emission monitoring systems for 

measuring particulate matter emissions, valid continuous 

monitoring system hourly averages must be obtained as 

specified in paragraphs (e)(1) and (e)(2) for a minimum of 

85 percent of the hours per day, 90 percent of the hours 

per calendar quarter, and 95 percent of the days per 

calendar year that the affected source is combusting waste. 

All valid continuous emission monitoring system data must 

be used in calculating average emission concentrations and 

percent reductions even if the minimum continuous emission 

monitoring system data requirements of this paragraph (e) 

are not met.

(1) At least 2 data points per hour must be used to 

calculate each 1-hour arithmetic average.

(2) Each particulate matter one-hour arithmetic 

average must be corrected to 7 percent oxygen on an hourly 

basis using the one-hour arithmetic average of the oxygen 

(or carbon dioxide) continuous emission monitoring system 

data.

Recordkeeping and Reporting 

§60.2175 What records must I keep? 

You must maintain the items (as applicable) as 

specified in paragraphs (a), (b), and (e) through (u) of 

this section for a period of at least 5 years: 

(a) Calendar date of each record. 

(b) Records of the data described in paragraphs 

(b)(1) through (6) of this section: 

(1) The CISWI unit charge dates, times, weights, and 

hourly charge rates. 

Deleted: 

Deleted: fourteen 

Deleted: n
(2) Liquor flow rate to the wet scrubber inlet every 

15 minutes of operation, as applicable. 

(3) Pressure drop across the wet scrubber system 

every 15 minutes of operation or amperage to the wet 

scrubber every 15 minutes of operation, as applicable. 

(4) Liquor pH as introduced to the wet scrubber every 

15 minutes of operation, as applicable. 

(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under 

§60.2110(d) through (f) or §60.2115, you must maintain data 

collected for all operating parameters used to determine 

compliance with the operating limits. 

(6) If a fabric filter is used to comply with the 

emission limitations, you must record 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 §60.2110(c). 

(c) [Reserved]

(d) [Reserved]

(e) Identification of calendar dates and times for

which data show a deviation from the operating limits in 

table 2 of this subpart or a deviation from other operating 

limits established under §60.2110(d) through (f) or 

§60.2115 with a description of the deviations, reasons for 

such deviations, and a description of corrective actions 

taken. 

(f) The results of the initial, annual, and any 

subsequent performance tests conducted to determine

compliance with the emission limits and/or to establish 

operating limits, as applicable. Retain a copy of the 

complete test report including calculations. 

(g) All documentation produced as a result of the 

siting requirements of §§60.2045 and 60.2050. 

Deleted: Identification of 

calendar dates and times for 

which monitoring systems 

used to monitor operating 

limits were inoperative, 

inactive, malfunctioning, or 

out of control (except for 

downtime associated with 

zero and span and other 

routine calibration checks). 

Identify the operating 

parameters not measured, the 

duration, reasons for not 

obtaining the data, and a 

description of corrective 

actions taken.

Deleted: Identification of 

calendar dates, times, and 

durations of malfunctions, 

and a description of the 

malfunction and the 

corrective action taken.
(h) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2095(a) 

as required by §60.2095(b), including the date of the 

initial review and all subsequent annual reviews. 

(i) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2070, met the criteria for qualification under 

§60.2080, and maintained or renewed their qualification 

under §60.2085 or §60.2090. Records must include 

documentation of training, the dates of the initial and 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(j) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours. 

(k) Records of calibration of any monitoring devices 

as required under §60.2165. 

(l) Equipment vendor specifications and related 

operation and maintenance requirements for the incinerator, 

emission controls, and monitoring equipment. 

(m) The information listed in §60.2095(a). 

(n) On a daily basis, keep a log of the quantity of 

waste burned and the types of waste burned (always 

required).

(o) Maintain records of the annual air pollution 

control device inspections that are required for each CISWI 

unit subject to the emissions limits in table 1 of this 

subpart or tables 5 through 9 of this subpart, any required 

maintenance, and any repairs not completed within 10 days 

of an inspection or the timeframe established by the state 

regulatory agency.

(p) For continuously monitored pollutants or 

parameters, you must document and keep a record of the 

following parameters measured using continuous monitoring 

systems.

(1) All 6-minute average levels of opacity.
(2) All 1-hour average concentrations of sulfur 

dioxide emissions.

(3) All 1-hour average concentrations of nitrogen 

oxides emissions.

(4) All 1-hour average concentrations of carbon 

monoxide emissions.

(5) All one-hour average concentrations of 

particulate matter emissions.

(6) All one-hour average concentrations of mercury

emissions.

(7) All one-hour average concentrations of hydrogen 

chloride emissions.

(q) Records indicating use of the bypass stack, 

including dates, times, and durations.

(r) If you choose to stack test less frequently than 

annually, consistent with §60.2155(a) through (c), you must 

keep annual records that document that your emissions in 

the previous stack test(s) were less than 75 percent of the 

applicable emission limit and document that there was no 

change in source operations including fuel composition and 

operation of air pollution control equipment that would 

cause emissions of the relevant pollutant to increase 

within the past year.

(s) Records of the occurrence and duration of each

malfunction of operation (i.e., process equipment) or the 

air pollution control and monitoring equipment.

(t) Records of all required maintenance performed on 

the air pollution control and monitoring equipment.

(u) Records of actions taken during periods of 

malfunction to minimize emissions in accordance with 

§60.11(d), including corrective actions to restore 

malfunctioning process and air pollution control and 

monitoring equipment to its normal or usual manner of 

operation.

§60.2180 Where and in what format must I keep my records? 
All records must be available onsite in either paper 

copy or computer-readable format that can be printed upon 

request, unless an alternative format is approved by the 

Administrator. 

§60.2185 What reports must I submit? 

See table 4 of this subpart for a summary of the 

reporting requirements. 

§60.2190 What must I submit prior to commencing 

construction? 

You must submit a notification prior to commencing 

construction that includes the five items listed in

paragraphs (a) through (e) of this section. 

(a) A statement of intent to construct. 

(b) The anticipated date of commencement of 

construction. 

(c) All documentation produced as a result of the 

siting requirements of §60.2050. 

(d) The waste management plan as specified in 

§§60.2055 through 60.2065. 

(e) Anticipated date of initial startup. 

§60.2195 What information must I submit prior to initial 

startup? 

You must submit the information specified in 

paragraphs (a) through (e) of this section prior to initial 

startup. 

(a) The type(s) of waste to be burned. 

(b) The maximum design waste burning capacity. 

(c) The anticipated maximum charge rate. 

(d) If applicable, the petition for site-specific 

operating limits under §60.2115. 

(e) The anticipated date of initial startup. 
§60.2200 What information must I submit following my 

initial performance test? 

You must submit the information specified in 

paragraphs (a) through (c) of this section no later than 60 

days following the initial performance test. All reports 

must be signed by the facilities manager. 

(a) The complete test report for the initial 

performance test results obtained under §60.2135, as 

applicable. 

(b) The values for the site-specific operating limits 

established in §60.2110 or §60.2115. 

(c) If you are using a fabric filter to comply with 

the emission limitations, documentation that a bag leak 

detection system has been installed and is being operated, 

calibrated, and maintained as required by §60.2165(b). 

§60.2205 When must I submit my annual report? 

You must submit an annual report no later than 12 

months following the submission of the information in 

§60.2200. You must submit subsequent reports no more than 

12 months following the previous report. (If the unit is 

subject to permitting requirements under title V of the 

Clean Air Act, you may be required by the permit to submit 

these reports more frequently.) 

§60.2210 What information must I include in my annual 

report? 

The annual report required under §60.2205 must include 

the ten items listed in paragraphs (a) through (j) of this 

section. If you have a deviation from the operating limits 

or the emission limitations, you must also submit deviation 

reports as specified in §§60.2215, 60.2220, and 60.2225. 

(a) Company name and address. 

(b) Statement by a responsible official, with that

official's name, title, and signature, certifying the 

accuracy of the content of the report. 

(c) Date of report and beginning and ending dates of 

the reporting period. 
(d) The values for the operating limits established 

pursuant to §60.2110 or §60.2115. 

(e) If no deviation from any emission limitation or 

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting 

period. 

(f) The highest recorded 3-hour average and the 

lowest recorded 3-hour average, as applicable, for each 

operating parameter recorded for the calendar year being 

reported. 

(g) Information recorded under §60.2175(b)(6) and (c) 

through (e) for the calendar year being reported. 

(h) If a performance test was conducted during the

reporting period, the results of that test. 

(i) If you met the requirements of §60.2155(a) or 

(b), and did not conduct a performance test during the 

reporting period, you must state that you met the 

requirements of §60.2155(a) or (b), and, therefore, you 

were not required to conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all qualified CISWI 

unit operators were unavailable for more than 8 hours, but 

less than 2 weeks. 

(k) 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.

(l) For each deviation from an emission or operating 

limitation that occurs for a CISWI unit for which you are 

not using a CMS to comply with the emission or operating 

limitations in this subpart, the annual report must contain 

the following information.

Deleted: , and that no 

monitoring system used to 

determine compliance with 

the operating limits was 

inoperative, inactive, 

malfunctioning or out of 

control
(1) The total operating time of the CISWI unit at 

which the deviation occurred during the reporting period.

(2) Information on the number, duration, and cause of 

deviations (including unknown cause, if applicable), as 

applicable, and the corrective action taken.

(m) If there were periods during which the continuous 

monitoring system, including the continuous emission 

monitoring system, was out of control as specified in 

paragraph (o) of this section, the annual report must 

contain the following information for each deviation from 

an emission or operating limitation occurring for a CISWI 

unit for which you are using a continuous monitoring system 

to comply with the emission and operating limitations in 

this subpart.

(1) The date and time that each malfunction started 

and stopped.

(2) The date, time, and duration that each CMS was

inoperative, except for zero (low-level) and high-level 

checks.

(3) 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.

(4) The date and time that each deviation started and 

stopped, and whether each deviation occurred during a 

period of malfunction or during another period.

(5) 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.

(6) 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.

(7) 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 CISWI unit 

at which the continuous monitoring system downtime occurred 

during that reporting period.

(8) An identification of each parameter and pollutant 

that was monitored at the CISWI unit.

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring 

system. 

(11) The date of the latest continuous monitoring 

system certification or audit.

(12) A description of any changes in continuous 

monitoring system, processes, or controls since the last 

reporting period.

(n) If there were periods during which the continuous 

monitoring system, including the continuous emission 

monitoring system, was not out of control as specified in 

paragraph (o) of this section, a statement that there were 

not periods during which the continuous monitoring system 

was out of control during the reporting period. 

(o) A continuous monitoring system is out of control 

if any of the following occur. 

(1) The zero (low-level), mid-level (if applicable), 

or high-level calibration drift exceeds two times the 

applicable calibration drift specification in the 

applicable performance specification or in the relevant 

standard.

(2) 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.

(3) The continuous opacity monitoring system 

calibration drift exceeds two times the limit in the 

applicable performance specification in the relevant 

standard.

§60.2215 What else must I report if I have a deviation 

from the operating limits or the emission limitations? 
(a) You must submit a deviation report if any 

recorded 3-hour average parameter level is above the 

maximum operating limit or below the minimum operating 

limit established under this subpart, if the bag leak 

detection system alarm sounds for more than 5 percent of 

the operating time for the 6-month reporting period, or if 

a performance test was conducted that deviated from any 

emission limitation. 

(b) 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). 

§60.2220 What must I include in the deviation report? 

In each report required under §60.2215, for any 

pollutant or parameter that deviated from the emission 

limitations or operating limits specified in this subpart, 

include the six items described in paragraphs (a) through 

(f) of this section. 

(a) The calendar dates and times your unit deviated 

from the emission limitations or operating limit 

requirements. 

(b) The averaged and recorded data for those dates.

(c) Durations and causes of the following:

 (1) Each deviation from emission limitations or 

operating limits and your corrective actions. 

 (2) Bypass events and your corrective actions.

(d) A copy of the operating limit monitoring data 

during each deviation and any test report that documents 

the emission levels. 

(e) [Removed]

(f) [Removed]

§60.2225 What else must I report if I have a deviation 

from the requirement to have a qualified operator 

accessible? 

Deleted: ¶

Deleted: e

Deleted: The dates, times, 

number, duration, and causes 

for monitor downtime 

incidents (other than 

downtime associated with 

zero, span, and other 

routine calibration checks).

Deleted: Whether each 

deviation occurred during a 

period of startup, shutdown, 

or malfunction, or during 

another period.
(a) If all qualified operators are not accessible for 

2 weeks or more, you must take the two actions in 

paragraphs (a)(1) and (2) of this section. 

(1) Submit a notification of the deviation within 10 

days that includes the three items in paragraphs (a)(1)(i) 

through (iii) of this section. 

(i) A statement of what caused the deviation. 

(ii) A description of what you are doing to ensure

that a qualified operator is accessible. 

(iii) The date when you anticipate that a qualified 

operator will be available. 

(2) Submit a status report to the Administrator every 

4 weeks that includes the three items in paragraphs

(a)(2)(i) through (iii) of this section. 

(i) A description of what you are doing to ensure 

that a qualified operator is accessible. 

(ii) The date when you anticipate that a qualified

operator will be accessible. 

(iii) Request approval from the Administrator to 

continue operation of the CISWI unit. 

(b) If your unit was shut down by the Administrator, 

under the provisions of §60.2100(b)(2), due to a failure to 

provide an accessible qualified operator, you must notify 

the Administrator that you are resuming operation once a 

qualified operator is accessible. 

§60.2230 Are there any other notifications or reports 

that I must submit? 

Yes. You must submit notifications as provided by 

§60.7. 

§60.2235 In what form can I submit my reports? 

(a) Submit initial, annual, and deviation reports 

electronically or in paper format, postmarked on or before 

the submittal due dates.
(b) After December 31, 2011, within 60 days after the 

date of completing each performance evaluation conducted to 

demonstrate compliance with this subpart, the owner or 

operator of the affected facility must submit the test data 

to EPA by entering the data electronically into EPA’s 

WebFIRE database through EPA’s Central Data Exchange. The 

owner or operator of an affected source shall enter the 

test data into EPA’s database using the Electronic 

Reporting Tool or other compatible electronic spreadsheet. 

Only performance evaluation data collected using methods 

compatible with ERT are subject to this requirement to be 

submitted electronically into EPA’s WebFIRE database.

§60.2240 Can reporting dates be changed? 

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. 

Title V Operating Permits 

§60.2242 Am I required to apply for and obtain a title V 

operating permit for my unit? 

Yes. Each CISWI unit and air curtain incinerator 

affected by this subpart must operate pursuant to a permit 

issued under Section 129(e) and title V of the Clean Air 

Act. 

Air Curtain Incinerators 

§60.2245 What is an air curtain incinerator? 

(a) An air curtain incinerator operates by forcefully 

projecting a curtain of air across an open chamber or open 

pit in which combustion occurs. Incinerators of this type 

can be constructed above or below ground and with or 

without refractory walls and floor. (Air curtain 

incinerators are not to be confused with conventional 

combustion devices with enclosed fireboxes and controlled 

air technology such as mass burn, modular, and fluidized 

bed combustors.) 

(b) Air curtain incinerators that burn only the 

materials listed in paragraphs (b)(1) through (3) of this 

section are only required to meet the requirements under 

“Air Curtain Incinerators” (§§60.2245 through 60.2260). 

Deleted: ¶

Deleted: by the later of the 

two dates in paragraphs (a) 

and (b) of this section.

Deleted: s

Deleted: (a) Thirty-six 

months after December 1, 

2000.¶

(b) The effective date of 

the title V permit program 

to which your unit is 

subject. If your unit is 

subject to title V as a 

result of some triggering 

requirement(s) other than 

this subpart (for example, 

being a major source), then 

your unit may be required to 

apply for and obtain a title 

V permit prior to the 

deadlines noted above. If 

more than one requirement 

triggers the requirement to 

apply for a title V permit, 

the 12-month timeframe for 

filing a title V application 

is triggered by the 

requirement which first 

causes the source to be 

subject to title V.¶
(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste. 

§60.2250 What are the emission limitations for air 

curtain incinerators? 

Within 60 days after your air curtain incinerator 

reaches the charge rate at which it will operate, but no 

later than 180 days after its initial startup, you must 

meet the two limitations specified in paragraphs (a) and 

(b) of this section. 

(a) Maintain opacity to less than or equal to 10 

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity 

values), except as described in paragraph (b) of this 

section.

(b) Maintain opacity to less than or equal to 35 

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity 

values) during the startup period that is within the first 

30 minutes of operation.

§60.2255 How must I monitor opacity for air curtain 

incinerators? 

(a) Use Method 9 of appendix A of this part to 

determine compliance with the opacity limitation. 

(b) Conduct an initial test for opacity as specified 

in §60.8. 

(c) After the initial test for opacity, conduct 

annual tests no more than 12 calendar months following the 

date of your previous test. 

§60.2260 What are the recordkeeping and reporting

requirements for air curtain incinerators? 

(a) Prior to commencing construction on your air 

curtain incinerator, submit the three items described in 

paragraphs (a)(1) through (3) of this section. 

Deleted: (a) 

Deleted: 2

Deleted: (1)

Deleted: (1) The opacity 

limitation is 10 percent (6-

minute average), except as 

described in paragraph 

(a)(2) of this section.¶

(2) The opacity limitation 

is 35 percent (6-minute 

average) during the startup 

period that is within the 

first 30 minutes of 

operation.¶

(b) Except during 

malfunctions, the 

requirements of this subpart 

apply at all times, and each 

malfunction must not exceed 

3 hours.¶
(1) Notification of your intent to construct the air 

curtain incinerators. 

(2) Your planned initial startup date. 

(3) Types of materials you plan to burn in your air 

curtain incinerator. 

(b) Keep records of results of all initial and annual 

opacity tests onsite in either paper copy or electronic 

format, unless the Administrator approves another format, 

for at least 5 years. 

(c) Make all records available for submittal to the 

Administrator or for an inspector's onsite review.(d) You 

must submit the results (as determined by the average of 

three 1-hour blocks consisting of ten 6-minute average

opacity values) of the initial opacity tests no later than 

60 days following the initial test. Submit annual opacity 

test results within 12 months following the previous 

report. 

(e) Submit initial and annual opacity test reports as 

electronic or paper copy on or before the applicable 

submittal date. 

(f) Keep a copy of the initial and annual reports 

onsite for a period of 5 years. 

Definitions 

§60.2265 What definitions must I know? 

Terms used but not defined in this subpart are defined 

in the Clean Air Act and subpart A (General Provisions) of 

this part. 

Administrator means the Administrator of the U.S. 

Environmental Protection Agency or his/her authorized 

representative or Administrator of a State Air Pollution 

Control Agency. 

Air curtain incinerator means an incinerator that 

operates by forcefully projecting a curtain of air across 

an open chamber or pit in which combustion occurs. 

Incinerators of this type can be constructed above or below 

ground and with or without refractory walls and floor. (Air 

Deleted: ¶

Deleted: each 

Deleted: ¶

Deleted: Agricultural waste 

means vegetative 

agricultural materials such 

as nut and grain hulls and 

chaff (e.g., almond, walnut, 

peanut, rice, and wheat), 

bagasse, orchard prunings, 

corn stalks, coffee bean 

hulls and grounds, and other 

vegetative waste materials 

generated as a result of 

agricultural operations.¶
curtain incinerators are not to be confused with 

conventional combustion devices with enclosed fireboxes and 

controlled air technology such as mass burn, modular, and 

fluidized bed combustors.) 

Auxiliary fuel means natural gas, liquified 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. 

Burn-off oven means any rack reclamation unit, part 

reclamation unit, or drum reclamation unit. 

Bypass stack means a device used for discharging 

combustion gases to avoid severe damage to the air 

pollution control device or other equipment.

Calendar quarter means three consecutive months 

(nonoverlapping) beginning on: January 1, April 1, July 1, 

or October 1. 

Calendar year means 365 consecutive days starting on 

January 1 and ending on December 31. 

Chemotherapeutic waste means waste material resulting 

from the production or use of antineoplastic agents used 

for the purpose of stopping or reversing the growth of 

malignant cells. 

Clean lumber means wood or wood products that have 

been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood 

products that have been painted, pigment-stained, or 

pressure-treated by compounds such as chromate copper 

arsenate, pentachlorophenol, and creosote. 

Commercial and industrial solid waste incineration 

(CISWI) unit means any distinct operating unit of any 

commercial or industrial facility that combusts any solid 

waste as that term is defined in 40 CFR Part 241. While 
not all CISWI units will include all of the following 

components, a CISWI unit includes, but is not limited to, 

the solid waste feed system, grate system, flue gas system, 

waste heat recovery equipment, if any, and bottom ash 

system. The CISWI unit does not include air pollution 

control equipment or the stack. The CISWI unit boundary 

starts at the solid waste hopper (if applicable) and 

extends through two areas: The combustion unit flue gas 

system, which ends immediately after the last combustion 

chamber or after the waste heat recovery equipment, if any; 

and the combustion unit bottom ash system, which ends at 

the truck loading station or similar equipment that

transfers the ash to final disposal. The CISWI unit

includes all ash handling systems connected to the bottom 

ash handling system.Contained gaseous material means gases 

that are in a container when that container is combusted. 

Cyclonic barrel burner means a combustion device for 

waste materials that is attached to a 55 gallon, open-head 

drum. The device consists of a lid, which fits onto and 

encloses the drum, and a blower that forces combustion air 

into the drum in a cyclonic manner to enhance the mixing of 

waste material and air. 

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 limitation, 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 octachlorinated 

dibenzo-p-dioxins and dibenzofurans. 

Discard means, for purposes of this subpart and 40 CFR 

part 60, subpart DDDD, only, burned in an incineration unit 

without energy recovery. 

Formatted: Font color: Auto

Deleted: ¶

 means any combustion unit 

that combusts commercial or 

industrial waste (as defined 

in this subpart), that is a 

distinct operating unit of 

any commercial or industrial 

facility (including field 

erected, modular, and custom 

built incineration units 

operating with starved or 

excess air), and any air 

curtain incinerator that is 

a distinct operating unit of 

any commercial or industrial 

facility that does not 

comply with the opacity 

limits under this subpart 

applicable to air curtain 

incinerators burning 

commercial or industrial 

waste. While not all CISWI 

units will include all of 

the following components, a 

CISWI unit includes, but is 

not limited to, the 

commercial or industrial 

solid waste feed system, 

grate system, flue gas 

system, waste heat recovery 

equipment, if any, and 

bottom ash system. The CISWI 

unit does not include air 

pollution control equipment 

or the stack. The CISWI unit 

boundary starts at the 

commercial or industrial 

waste hopper (if applicable) 

and extends through two 

areas: The combustion unit 

flue gas system, which ends 

immediately after the last 

combustion chamber or after 

the waste heat recovery 

equipment, if any; and the 

combustion unit bottom ash 

system, which ends at the 

truck loading station or 

similar equipment that 

transfers the ash to final 

disposal. The CISWI unit 

includes all ash handling 

systems connected to the 

bottom ash handling system. 

A CISWI unit does not 

Deleted: ;

Deleted: ; or

Deleted: (3) Fails to meet 

any emission limitation, 

operating limit, or operator 

qualification and 

accessibility requirement in 

this subpart during startup, 

shutdown, or malfunction, 

regardless or whether or not 

such failure is permitted by 

this subpart.

... [3]
Drum reclamation unit means a unit that burns residues 

out of drums (e.g., 55 gallon drums) so that the drums can 

be reused. 

Energy recovery means the process of recovering 

thermal energy from combustion for useful purposes such as 

steam generation or process heating. 

Energy recovery unit means a combustion unit 

combusting solid waste (as that term is defined by the 

Administrator under RCRA in 40 CFR 240) for energy 

recovery. Energy recovery units include units that would 

be considered include boilers and process heaters if they 

did not combust solid waste. 

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. 

Incinerator means any furnace used in the process of 

combusting solid waste (as that term is defined by the 

Administrator under RCRA in 40 CFR 240) for the purpose of 

reducing the volume of the waste by removing combustible 

matter. Incinerator designs include single chamber, twochamber, and cyclonic burn barrels.

Kiln means an oven or furnace, including any 

associated preheater or precalciner devices, used for 

processing a substance by burning, firing or drying. Kilns 

include cement kilns, that produce clinker by heating 

limestone and other materials for subsequent production of 

Portland cement and lime kilns, that produce quicklime by 

calcination of limestone.

Low-level radioactive waste means waste material which 

contains radioactive nuclides emitting primarily beta or 

gamma radiation, or both, in concentrations or quantities 

that exceed applicable federal or state standards for 

unrestricted release. Low-level radioactive waste is not 

high-level radioactive waste, spent nuclear fuel, or 

byproduct material as defined by the Atomic Energy Act of 

1954 (42 U.S.C. 2014(e)(2)). 

Minimum voltage or amperage means 90 percent of the 

lowest test-run average voltage or amperage to the 

electrostatic precipitator measured from the pressure drop 

and liquid flow rate monitors during the most recent 

Deleted: Malfunction means 

any sudden, infrequent, and 

not reasonably preventable 

failure of air pollution 

control 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.¶
particulate matter or mercury performance test 

demonstrating compliance with the applicable emission 

limits.

Modification or modified CISWI unit means a CISWI unit 

you have changed later than June 1, 2001 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 CISWI unit (not including the 

cost of land) updated to current costs (current dollars). 

To determine what systems are within the boundary of the 

CISWI unit used to calculate these costs, see the 

definition of CISWI unit. 

(2) Any physical change in the CISWI 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.

Opacity means the degree to which emissions reduce the 

transmission of light and obscure the view of an object in 

the background.

Part reclamation unit means a unit that burns coatings 

off parts (e.g., tools, equipment) so that the parts can be 

reconditioned and reused. 

Particulate matter means total particulate matter 

emitted from CISWI units as measured by Method 5 or Method 

29 of appendix A of this part. 

Pathological waste means waste material consisting of 

only human or animal remains, anatomical parts, and/or 

tissue, the bags/containers used to collect and transport 

the waste material, and animal bedding (if applicable). 

Rack reclamation unit means a unit that burns the 

coatings off racks used to hold small items for application 

of a coating. The unit burns the coating overspray off the 

rack so the rack can be reused. 

Raw mill means a ball and tube mill, vertical roller 

mill or other size reduction equipment, that is not part of 

an in-line kiln/raw mill, used to grind feed to the

appropriate size. Moisture may be added or removed from 
the feed during the grinding operation. If the raw mill is 

used to remove moisture from feed materials, it is also, by 

definition, a raw material dryer. The raw mill also 

includes the air separator associated with the raw mill.

Reconstruction means rebuilding a CISWI unit and 

meeting two criteria: 

(1) The reconstruction begins on or after June 1, 

2001. 

(2) The cumulative cost of the construction over the 

life of the incineration unit exceeds 50 percent of the 

original cost of building and installing the CISWI unit 

(not including land) updated to current costs (current 

dollars). To determine what systems are within the

boundary of the CISWI unit used to calculate these costs, 

see the definition of CISWI unit. 

Refuse-derived fuel means a type of municipal solid 

waste produced by processing municipal solid waste through 

shredding and size classification. This includes all 

classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through 

densified refuse-derived fuel. 

(2) Pelletized refuse-derived fuel. 

Shutdown means the period of time after all waste has 

been combusted in the primary chamber. 

Small, remote incinerator means an incinerator that 

combusts solid waste (as that term is defined by the 

Administrator under RCRA in 40 CFR 240) and has the

capacity to combust 1 ton per day or less solid waste and 

is more than 50 miles driving distance to the nearest 

municipal solid waste landfill.

Solid waste incineration unit means a distinct 

operating unit of any facility which combusts any solid 

waste material from commercial or industrial establishments 

or the general public (including single and multiple 

residences, hotels and motels). Such term does not include 

incinerators or other units required to have a permit under 

section 3005 of the Solid Waste Disposal Act. The term 

"solid waste incineration unit" does not include (A) 

Formatted: No underline

Deleted: Solid waste means 

any garbage, refuse, 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).¶
materials recovery facilities (including primary or

secondary smelters) which combust waste for the primary 

purpose of recovering metals, (B) qualifying small power 

production facilities, as defined in section 3(17)(C) of 

the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying 

cogeneration facilities, as defined in section 3(18)(B) of 

the Federal Power Act (16 U.S.C. 796(18)(B)), which burn 

homogeneous waste (such as units which burn tires or used 

oil, but not including refuse-derived fuel) for the

production of electric energy or in the case of qualifying 

cogeneration facilities which burn homogeneous waste for 

the production of electric energy and steam or forms of 

useful energy (such as heat) which are used for industrial, 

commercial, heating or cooling purposes, or (C) air curtain 

incinerators provided that such incinerators only burn wood 

wastes, yard wastes and clean lumber and that such air 

curtain incinerators comply with opacity limitations to be 

established by the Administrator by rule.

Standard conditions, when referring to units of 

measure, means a temperature of 68 °F (20 °C) and a

pressure of 1 atmosphere (101.3 kilopascals). 

Startup period means the period of time between the 

activation of the system and the first charge to the unit. 

Waste-burning kiln means a cement kiln that is heated, 

in whole or in part, by combusting solid waste (as that 

term is defined by the Administrator under RCRA in 40 CFR 

240).

Wet scrubber means an add-on air pollution control 

device that utilizes an aqueous or alkaline scrubbing 

liquor to collect particulate matter (including nonvaporous 

metals and condensed organics) and/or to absorb and

neutralize acid gases. 

Wood waste means untreated wood and untreated wood 

products, including tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, sawdust, chips, 

scraps, slabs, millings, and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, shrubs, and 

clippings from bushes and shrubs from residential, 

commercial/retail, institutional, or industrial sources as 

part of maintaining yards or other private or public lands. 
(2) Construction, renovation, or demolition wastes. 

(3) Clean lumber. 

Table 1 to Subpart CCCC of Part 60—Emission Limitations for 

CISWI Units for Which Construction Is Commenced After 

November 30, 1999, but no later than [INSERT THE DATE OF 

PUBLICATION IN THE FEDERAL REGISTER] or for Which 

Modification or Reconstruction Is Commenced on or After 

June 1, 2001, but no later than [THE DATE 6 MONTHS AFTER

PUBLICATION OF THE FINAL RULE].

For the air 

pollutant 

You must meet 

this emission

limitationa

Using this 

averaging 

time 

And determining 

compliance using 

this method 

Cadmium 0.004 

milligrams 

per dry 

standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 29 of 

appendix A of 

this part). 

Carbon monoxide 157 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 10, 10A, 

or 10B of 

appendix A of 

this part). 

Dioxins/furans 

(toxic 

equivalency 

basis) 

0.41 

nanograms per 

dry standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 23 of 

appendix A of 

this part). 

Hydrogen 

chloride 

62 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 26A of 

appendix A of 

this part). 

Lead 0.04 

milligrams 

per dry 

standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 29 of 

appendix A of 

this part). 

Mercury 0.47 

milligrams 

per dry 

3-run 

average (1 

hour minimum 

Performance test 

(Method 29 of 

appendix A of 
standard 

cubic meter 

sample time 

per run) 

this part). 

Opacity 10 percent 6-minute 

averages 

Performance test 

(Method 9 of 

appendix A of 

this part). 

Oxides of 

nitrogen 

388 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 7, 7A, 

7C, 7D, or 7E of 

appendix A of 

this part). 

Particulate 

matter 

70 milligrams 

per dry 

standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 5 or 29 

of appendix A of 

this part). 

Sulfur dioxide 20 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 6 or 6c 

of appendix A of 

this part. 

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions. 

Table 2 to Subpart CCCC of Part 60—Operating Limits

for Wet Scrubbers 

And monitoring using these minimum 

frequencies For these 

operating 

parameters 

You must 

establish 

these 

operating 

limits 

Data 

measurement

Data 

recording Averaging time

Charge rate Maximum 

charge 

rate 

Continuous Every 

hour 

Daily (batch 

units) 3-hour 

rolling 

(continuous 

and 

intermittent 

units)a

Pressure 

drop across 

Minimum 

pressure 

Continuous Every 15 

minutes 

3-hour 

rollinga
the wet 

scrubber or 

amperage to 

wet scrubber

drop or 

amperage 

Scrubber 

liquor flow 

rate 

Minimum 

flow rate 

Continuous Every 15 

minutes 

3-hour 

rollinga

Scrubber 

liquor pH 

Minimum pH Continuous Every 15 

minutes 

3-hour 

rollinga

aCalculated each hour as the average of the previous 3 

operating hours. 

Table 3 to Subpart CCCC of Part 60—Toxic Equivalency 

Factors 

Dioxin/furan congener 

Toxic equivalency 

factor 

2,3,7,8-tetrachlorinated dibenzo-pdioxin 1

1,2,3,7,8-pentachlorinated dibenzo-pdioxin 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-pdioxin 0.1

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin 0.1

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin 0.1

1,2,3,4,6,7,8-heptachlorinated dibenzop-dioxin 0.01

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated dibenzofuran 0.5

1,2,3,7,8-pentachlorinated dibenzofuran 0.05

1,2,3,4,7,8-hexachlorinated 

dibenzofuran 

0.1

1,2,3,6,7,8-hexachlorinated 

dibenzofuran 

0.1
1,2,3,7,8,9-hexachlorinated 

dibenzofuran 

0.1

2,3,4,6,7,8-hexachlorinated 

dibenzofuran 

0.1

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran 

0.01

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran 

0.01

octachlorinated dibenzofuran 0.001

Table 4 to Subpart CCCC of Part 60—Summary of Reporting 

Requirementsa 

Report Due date Contents Reference 

Preconstruction 

report 

Prior to 

commencing 

construction 

• Statement of 

intent to 

construct 

• Anticipated 

date of 

commencement 

of 

construction 

• 

Documentation 

for siting 

requirements 

• Waste 

management 

plan 

• Anticipated 

date of 

initial 

startup 

§60.2190 

Startup 

notification 

Prior to 

initial 

startup 

• Type of 

waste to be 

burned 

• Maximum 

design waste 

burning 

capacity 

§60.2195 
• Anticipated 

maximum charge 

rate 

• If 

applicable, 

the petition 

for sitespecific 

operating 

limits 

Initial test 

report 

No later than 

60 days 

following the 

initial 

performance 

test 

• Complete 

test report 

for the 

initial 

performance 

test 

• The values 

for the sitespecific 

operating 

limits 

• Installation 

of bag leak 

detection 

system for 

fabric filter 

§60.2200 

Annual report No later than 

12 months 

following the 

submission of 

the initial 

test report. 

Subsequent 

reports are to 

be submitted 

no more than 

12 months 

following the 

previous 

report 

• Name and 

address 

• Statement 

and signature 

by responsible 

official 

• Date of 

report 

• Values for 

the operating 

limits

• Highest 

recorded 3-

hour average 

and the lowest 

3-hour 

average, as 

applicable, 

§§60.2205 and 

60.2210 

Deleted: • If no deviations 

or malfunctions were 

reported, a statement that 

no deviations occurred 

during the reporting period
for each 

operating 

parameter 

recorded for 

the calendar 

year being 

reported 

 • If a 

performance 

test was 

conducted 

during the 

reporting 

period, the 

results of the 

test

• If a 

performance 

test was not 

conducted 

during the 

reporting 

period, a 

statement that 

the 

requirements 

of §60.2155(a) 

or (b) were 

met 

• 

Documentation 

of periods 

when all 

qualified 

CISWI unit 

operators were 

unavailable 

for more than 

8 hours but 

less than 2 

weeks 

Emission 

limitation or 

operating limit 

deviation 

report 

By August 1 of 

that year for 

data collected 

during the 

first half of 

• Dates and 

times of 

deviation 

• Averaged and 

recorded data 

§60.2215 and 

60.2220 

Deleted: • Information for 

deviations or malfunctions 

recorded under 

§60.2175(b)(6) and (c) 

through (e)
the calendar 

year. By 

February 1 of 

the following 

year for data 

collected 

during the 

second half of 

the calendar 

year 

for those 

dates 

• Duration and 

causes of each 

deviation and 

the corrective 

actions taken 

• Copy of 

operating 

limit 

monitoring 

data and any 

test reports 

• Dates, 

times, and 

causes for 

monitor 

downtime 

incidents 

Qualified 

operator 

deviation 

notification 

Within 10 days 

of deviation 

• Statement of 

cause of 

deviation 

• Description 

of efforts to 

have an 

accessible 

qualified 

operator 

• The date a 

qualified 

operator will 

be accessible 

§60.2225(a)(1)

Qualified 

operator 

deviation 

status report 

Every 4 weeks 

following 

deviation 

• Description 

of efforts to 

have an 

accessible 

qualified 

operator 

• The date a 

qualified 

operator will 

be accessible 

• Request for 

approval to 

continue 

§60.2225(a)(2)

Deleted: 

• Whether each deviation 

occurred during a period of 

startup, shutdown, or 

malfunction
operation 

Qualified 

operator 

deviation 

notification of 

resumed 

operation 

Prior to 

resuming 

operation 

• Notification 

that you are 

resuming 

operation 

§60.2225(b) 

aThis table is only a summary, see the referenced sections 

of the rule for the complete requirements. 

Table 5 to Subpart CCCC of Part 60—Emission Limitations for 

Incinerators That Commenced Construction After [INSERT THE 

DATE OF PUBLICATION IN THE FEDERAL REGISTER] Or That 

Commenced Reconstruction or Modification After [THE DATE 6 

MONTHS AFTER PUBLICATION OF THE FINAL RULE]

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.00066 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part).

Use ICPMS for the 

analytical finish.

Carbon 

monoxide

1.4 parts 

per million

dry volume

24 hour block 

average

Carbon monoxide 

continuous 

emission 

monitoring system 

(performance 

specification 4A 

of this part, 

using a RA of 0.5 

ppm instead of 5 

ppm as specified 

in 13.2. For the 

cylinder gas 

audit, +/- 15% or 

0.5 ppm, whichever 

is greater.)

Dioxins/furans 0.0093 3-run average Performance test 

Deleted: n
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

(total mass 

basis)

nanograms 

per dry 

standard 

cubic meter

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.00073 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

0.074 parts 

per million 

dry volume

3-run average 

(collect a 

minimum 

volume of 2

dry standard 

cubic meters)

Performance test 

(Method 26A of 

appendix A-8 of 

this part). 

Lead 0.0013 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Mercury 0.00013 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect 

enough volume 

to meet a 

detection 

limit data 

quality 

objective of 

0.03 ug/dscm)

Performance test 

(Method 30B of 

appendix A-8 of 

this part)

Opacity 1 percent Three 1-hour 

blocks 

consisting of 

ten 6-minute 

average 

opacity 

values

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Formatted: Not Highlight

Formatted: Not Highlight
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Oxides of 

nitrogen

19 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part). Use a 

span gas with a 

concentration of 

100 ppm or less.

Particulate 

matter

(filterable)

0.0077 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters)

Performance test 

(Method 5 or 29 of 

appendix A-3 or 

appendix A-8 of 

this part).

Sulfur dioxide 1.5 parts 

per million 

dry volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

maximum allowable 

drift of 0.2 ppm 

and a span gas 

with a 

concentration of 5 

ppm or less.

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 of 

appendix A-7 of 

this part).

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 6 to Subpart CCCC of Part 60—Emission Limitations for 

Energy Recovery Units That Commenced Construction After 

[INSERT THE DATE OF PUBLICATION IN THE FEDERAL REGISTER] Or 

That Commenced Reconstruction or Modification After [THE 

DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL RULE]

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.00012 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Carbon 

monoxide

3 parts per 

million dry 

volume

24 hour block 

average

Carbon Monoxide 

continuous 

emission 

monitoring system 

(Performance 

Specification 4A 

of this part, 

using a RA of 0.5 

ppm instead of 5 

ppm as specified 

in 13.2. For the 

cylinder gas 

audit, +/- 15% or 

0.5 ppm, whichever 

is greater.

Dioxins/furans 

(total mass 

basis)

0.034 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.0027 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

0.17 parts 

per million 

dry volume

3-run average 

(collect a 

minimum 

volume of 

2dry standard 

cubic meters

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Lead 0.0012 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Mercury 0.00013 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect 

enough volume 

to meet a 

detection 

limit data 

quality 

objective of 

0.03 ug/dscm)

Performance test 

(Method 30B of 

appendix A-8 of 

this part.

Opacity 1 percent 6-minute 

averages;

1-hour block

average for 

units that 

operate dry 

control 

systems

Continuous opacity 

monitoring 

(performance 

specification 1 of 

appendix B of this 

part), unless 

equipped with a 

wet scrubber.

Oxides of 

nitrogen

75 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

(filterable)

4.4 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 2

dry standard 

cubic meters)

Performance test 

(Method 5 or 29 of 

appendix A-3 or 

appendix A-8 of 

this part) if the 

unit has a design 

capacity less than 

or equal to 250 

MMBtu/hr; or PM 

CEMS (performance 

specification 11 

of appendix B of 

Formatted: Not Highlight

Formatted: Not Highlight
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

this part) if the 

unit has a design 

capacity greater 

than 250 MMBtu/hr.

Sulfur dioxide 4.1 parts 

per million

dry volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

span gas with a 

concentration of 

20 ppm or less.

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 of 

appendix A-7 of 

this part).

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 7 to Subpart CCCC of Part 60—Emission Limitations for 

Waste-burning Kilns That Commenced Construction After 

[INSERT THE DATE OF PUBLICATION IN THE FEDERAL REGISTER] 

Reconstruction or Modification After [THE DATE 6 MONTHS 

AFTER PUBLICATION OF THE FINAL RULE]

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.00030 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 4 

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

dry standard 

cubic 

meters)

analytical finish.

Carbon 

monoxide

36 parts per 

million dry 

volume

24 hour 

block 

average

Carbon monoxide 

continuous 

emission 

monitoring system 

(performance 

specification 4A 

of this part, 

using an RA of 1 

ppm instead of 5 

ppm as specified 

in 13.2. For the 

cylinder gas 

audit, +/- 15% or 

0.5 ppm, whichever 

is greater).

Dioxins/furans 

(total mass 

basis)

0.00035 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.000028 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

1.5 parts 

per million 

dry volume

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

cubic meter)

Lead 0.00078 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Mercury 0.024 

milligrams 

per dry 

standard 

cubic meter

24 hour 

block 

average

Mercury CEMS 

(performance 

specification 12A 

of appendix B of 

this part or 

mercury sorbent 

trap method 

specified in 

appendix K of part 

75).

Opacity 1 percent Three 1-hour 

blocks 

consisting 

of ten 6-

minute 

average 

opacity 

values

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Oxides of 

nitrogen

140 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

(filterable)

1.8 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic 

Performance test 

(Method 5 or 29 of 

appendix A-3 or 

appendix A-8 of 

this part).
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

meters)

Sulfur dioxide 3.6 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

span gas with a 

concentration of 

20 ppm or less.

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 of 

appendix A-7 of 

this part).

aAll emission limitations (except for opacity) are 

measured at 7 percent oxygen, dry basis at standard

conditions.

Table 8 to Subpart CCCC of Part 60—Emission Limitations for 

Burn-off Ovens That Commenced Construction After [INSERT 

THE DATE OF PUBLICATION IN THE FEDERAL REGISTER] Or That 

Commenced Reconstruction or Modification After [THE DATE 6 

MONTHS AFTER PUBLICATION OF THE FINAL FULE]

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.0032 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meter)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Carbon 

monoxide

74 parts per 

million dry 

volume

24 hour block 

average

Carbon monoxide 

continuous 

emission 

monitoring system 

(performance 

specification 4A 

of this part, 

using a RA of 2 

ppm instead of 5 

ppm as specified 

in 13.2. For the 

cylinder gas 

audit, +/- 15% or 

0.5 ppm, whichever 

is greater).

Dioxins/furans 

(total mass 

basis)

0.011 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meter)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.00086 

nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 4 

dry standard 

cubic meter)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

17.6 parts 

per million 

dry volume

3-run average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meters)

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Lead 0.029 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Deleted: s

Deleted: s
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Mercury 0.0033 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect

enough volume 

to meet a 

detection 

limit data 

quality 

objective of 

0.3 ug/dscm) 

Performance test 

(Method 30B of 

appendix A-8 of 

this part).

Opacity 2 percent Three 1-hour 

blocks 

consisting of 

ten 6-minute 

average 

opacity 

values

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Oxides of 

nitrogen

16 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part). Use a 

span gas with a 

concentration of 

100 ppm or less.

Particulate 

matter

(filterable)

28 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meter)

Performance test 

(Method 5 or 29 of 

appendix A-3 and 

A-8 of this part).

Sulfur dioxide 1.5 parts 

per million 

dry volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

maximum allowable 

drift of 0.2 ppm 

and a span gas 

with concentration 

of 5 ppm or less.

Fugitive ash Visible Three 1-hour Visible emission 

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

observation 

periods

test (Method 22 of 

appendix A-7 of 

this part).

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 9 to Subpart CCCC of Part 60—Emission Limitations for 

Small, Remote Incinerators That Commenced Construction

After [INSERT THE DATE OF PUBLICATION IN THE FEDERAL 

REGISTER] Or That Commenced Reconstruction or Modification 

After (THE DATE 6 MONTHS AFTER PUBLICATION OF THE FINAL 

RULE]

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.057 

milligrams 

per dry 

standard

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Carbon 

monoxide

4.0 parts 

per million

dry volume

24 hour 

block 

average

Carbon monoxide 

continuous 

emission 

monitoring system 

(performance 

specification 4A 

of this part, 

using a RA of 0.5 

ppm instead of 5 

ppm as specified 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

in 13.2. For the 

cylinder gas 

audit, +/- 15% or 

0.5 ppm, whichever 

is greater.) 

Dioxins/furans 

(total mass

basis)

1200 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

94 nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

150 parts 

per million 

by dry 

volume

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 26 or 26A 

of appendix A-8 of 

this part).

Lead 1.4 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Mercury 0.0013 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

Performance test 

(Method 29 of 

appendix A-8 of 

this part).
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

cubic meter)

Opacity 13 percent Three 1-hour 

blocks

consisting 

of ten 6-

minute 

average 

opacity 

values

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Oxides of 

nitrogen

210 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

(filterable)

240 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 5 or 29 of 

appendix A-3 or 

appendix A-8 of 

this part).

Sulfur dioxide 43 parts per 

million dry 

volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

span gas with a 

concentration of 

200 ppm or less.

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 of 

appendix A-7 of 

this part).

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Deleted: 
Subpart DDDD—Emissions Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste Incineration Units 

Introduction 

§60.2500 What is the purpose of this subpart? 

This subpart establishes emission guidelines and 

compliance schedules for the control of emissions from 

commercial and industrial solid waste incineration (CISWI) 

units. The pollutants addressed by these emission 

guidelines are listed in table 2 of this subpart and tables

6 through 10 of 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. 

§60.2505 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 existing CISWI units that meets the criteria in 

paragraphs (b) through (d) of this section, 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 December 

3, 2001, for incinerators that commenced construction on or 

before November 30, 1999, and that were not modified or 

reconstructed after June 1, 2001. 

(c) You must submit a state plan to EPA that meets 

the requirements of this subpart and contains the more 

stringent emission limit for the respective pollutant in 

table 6 of this subpart or table 1 of subpart CCCC of this 

part to EPA by [THE DATE 1 YEAR AFTER PUBLICATION OF THE 

FINAL RULE IN THE Federal Register] for incinerators that 

commenced construction after November 30, 1999, but no 

later than [INSERT THE DATE OF PUBLICATION IN THE Federal

Register] or commenced modification or reconstruction after 

June 1, 2001, but no later than [THE DATE 6 MONTHS AFTER 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

(d) You must submit a state plan to EPA that meets 

the requirements of this subpart and contains the emission 

limits in tables 7 through 10 of this subpart by [THE DATE 

1 YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE Federal

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Deleted: ¶

Deleted: that Commenced 

Construction On or Before 

November 30, 1999 

Deleted: commenced 

construction on or before 

November 30, 1999 
Register] for CISWI units other than incinerators that 

commenced construction on or before [INSERT THE DATE OF 

PUBLICATION OF THE PROPOSED RULE IN THE Federal Register].

§60.2510 Is a state plan required for all states?

No. You are not required to submit a state plan if

there are no existing CISWI units in your state, and you 

submit a negative declaration letter in place of the state 

plan. 

§60.2515 What must I include in my state plan? 

(a) You must include the nine items described in 

paragraphs (a)(1) through (9) of this section in your state 

plan. 

(1) Inventory of affected CISWI units, including 

those that have ceased operation but have not been 

dismantled. 

(2) Inventory of emissions from affected CISWI units 

in your state. 

(3) Compliance schedules for each affected CISWI 

unit. 

(4) Emission limitations, operator training and 

qualification requirements, a waste management plan, and 

operating limits for affected CISWI 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. 

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(9) Demonstration of your state's legal authority to 

carry out the sections 111(d) and 129 state plan. 

(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, a waste management 

plan, emission limitations, performance testing, operating 

limits, monitoring, recordkeeping and reporting, and air 

curtain incinerator requirements. 

(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. 

§60.2520 Is there an approval process for my state plan? 

Yes. The EPA will review your state plan according to 

§60.27.§60.2525 What if my state plan is not approvable?

(a) If you do not submit an approvable state plan (or 

a negative declaration letter) by December 2, 2002, EPA 

will develop a federal plan according to §60.27 to 

implement the emission guidelines contained in this

subpart. Owners and operators of CISWI 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.

(b) If you do not submit an approvable state plan (or 

a negative declaration letter) to EPA that meets the 

requirements of this subpart and contains the emission 

limits in tables 6 through 10 of this subpart for CISWI 

units that commenced construction after November 30, 1999, 

but on or before by [THE DATE OF PUBLICATION OF THE FINAL 

RULE IN THE Federal Register] by [THE DATE 1 YEAR AFTER THE 

DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal

Register], then EPA will develop a federal plan according 

to §60.27 to implement the emission guidelines contained in 

this subpart. Owners and operators of CISWI units not 

covered by an approved state plan must comply with the 

federal plan. The federal plan is an interim action and 

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¶
will be automatically withdrawn when your state plan is 

approved.

§60.2530 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, an existing CISWI unit is found in your 

state, the federal plan implementing the emission 

guidelines contained in this subpart would automatically 

apply to that CISWI unit until your state plan is approved. 

§60.2535 What compliance schedule must I include in my 

state plan? 

(a) For CISWI units in the incinerator subcategory 

that commenced construction on or before November 30, 1999, 

your state plan must include compliance schedules that 

require CISWI 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 (2) of this section. 

(1) December 1, 2005. 

(2) Three years after the effective date of state 

plan approval. 

(b) For CISWI units in the incinerator subcategory

that commenced construction after November 30, 1999, but on 

or before [INSERT THE DATE OF PUBLICATION IN THE FEDERAL 

REGISTER], and for CISWI units in the energy recovery 

units, waste-burning kilns, burn-off ovens, and small 

remote incinerators subcategories that commenced 

construction before [INSERT THE DATE OF PUBLICATION IN THE 

FEDERAL REGISTER], your state plan must include compliance 

schedules that require CISWI 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 (b)(1) and (b)(2) of this 

section.

(1) [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER].

Deleted: ¶

¶

Deleted: Y
(2) 3 years after the effective date of state plan

approval.

(c) For compliance schedules 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 §60.2580. 

§60.2540 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) plans. This 

subpart applies instead of the requirements in subpart B of 

this part for 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 CISWI units 

to comply by the dates specified in §60.2535. This applies 

instead of the option for case-by-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 CISWI 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 CISWI 

units. 

§60.2541 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 Clean Air Act section 

111(d)/129 obligations.

(a) An acceptable federal plan delegation request 

must include the following:

Deleted: December 1, 2005 or 

3 years after the effective 

date of state plan approval, 

whichever is sooner 
(1) A demonstration of adequate resources and legal 

authority to administer and enforce the federal plan.

(2) The items under §60.2515(a)(1), (2), and (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 CISWI 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, providing 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 Section 111(d)/129 obligations are 

separate from its obligations under title V of the Clean 

Air Act.

§60.2542 What authorities will not be delegated to state, 

local, or Tribal agencies?

The authorities listed under §60.2030(c) will not be 

delegated to state, local, or Tribal agencies.

§60.2545 Does this subpart directly affect CISWI unit 

owners and operators in my state? 

(a) No. This subpart does not directly affect CISWI 

unit owners and operators in your state. However, CISWI 

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 December 2, 2002, the EPA will implement and 

enforce a federal plan, as provided in §60.2525, to ensure 

that each unit within your state reaches compliance with 

all the provisions of this subpart by December 1, 2005.

(c) If you do not submit an approvable plan to 

implement and enforce the guidelines contained in this 

subpart by [THE DATE 1 YEAR AFTER PUBLICATION OF THE FINAL 

RULE IN THE Federal Register] for CISWI units that 

commenced construction after November 30, 1999, but on or 

before [THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 

Federal Register], the EPA will implement and enforce a 

federal plan, as provided in §60.2525, to ensure that each 

unit within your state that commenced construction after 

November 30, 1999, but on or before by [THE DATE OF

PUBLICATION OF THE FINAL RULE IN THE Federal Register], 

reaches compliance with all the provisions of this subpart 

by [THE DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN 

THE FEDERAL REGISTER].

Applicability of State Plans 

§60.2550 What CISWI units must I address in my state 

plan? 

(a) Your state plan must address incineration units 

that meet all three criteria described in paragraphs (a)(1) 

through (3) of this section. 

(1) Incineration units in your state that commenced 

construction on or before November 30, 1999. 

(2) Incineration units that meet the definition of a 

CISWI unit as defined in §60.2875. 

(3) Incineration units not exempt under §60.2555. 

(b) If the owner or operator of a CISWI unit makes

changes that meet the definition of modification or

reconstruction on or after June 1, 2001, the CISWI unit 

becomes subject to subpart CCCC of this part and the state 

plan no longer applies to that unit. 

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(c) If the owner or operator of a CISWI unit makes

physical or operational changes to an existing CISWI unit 

primarily to comply with your state plan, subpart CCCC of 

this part does not apply to that unit. Such changes do not 

qualify as modifications or reconstructions under subpart 

CCCC of this part. 

§60.2555 What combustion units are exempt from my state 

plan? 

This subpart exempts the types of units described in 

paragraphs (a), (c) through (i) and (m) of this section, 

but some units are required to provide notifications. Air 

curtain incinerators are exempt from the requirements in 

this subpart except for the provisions in §§60.2805, 

60.2860, and 60.2870. 

(a) Pathological waste incineration units. 

Incineration units burning 90 percent or more by weight (on 

a calendar quarter basis and excluding the weight of 

auxiliary fuel and combustion air) of pathological waste, 

low-level radioactive waste, and/or chemotherapeutic waste 

as defined in §60.2875 are not subject to this subpart if 

you meet the two requirements specified in paragraphs 

(a)(1) and (2) of this section. 

(1) Notify the Administrator that the unit meets 

these criteria. 

(2) Keep records on a calendar quarter basis of the 

weight of pathological waste, low-level radioactive waste, 

and/or chemotherapeutic waste burned, and the weight of all 

other fuels and wastes burned in the unit. 

(b) [Reserved]

(c) Municipal waste combustion units. Incineration 

units that are regulated under subpart Ea of this part 

(Standards of Performance for Municipal Waste Combustors);

subpart Eb of this part (Standards of Performance for Large 

Municipal Waste Combustors); subpart Cb of this part 

(Emission Guidelines and Compliance Time for Large 

Municipal Combustors); AAAA of this part (Standards of 

Performance for Small Municipal Waste Combustion Units); or 

subpart BBBB of this part (Emission Guidelines for Small 

Municipal Waste Combustion Units).

Deleted: ¶

Deleted: fifteen

Deleted: o

Deleted: .

Deleted: Agricultural waste 

incineration units. 

Incineration units burning 

90 percent or more by weight 

(on a calendar quarter basis 

and excluding the weight of 

auxiliary fuel and 

combustion air) of 

agricultural wastes as 

defined in §60.2875 are not 

subject to this subpart if 

you meet the two 

requirements specified in 

paragraphs (b)(1) and (2) of 

this section.¶

(1) Notify the Administrator 

that the unit meets these 

criteria.¶

(2) Keep records on a 

calendar quarter basis of 

the weight of agricultural 

waste burned, and the weight 

of all other fuels and 

wastes burned in the unit.

Deleted: meet either of the 

two criteria specified in 

paragraphs (c)(1) or (2) of 

this section (1)

Deleted: for Which 

Construction is Commenced 

After September 20, 1994

Deleted: that are Constructed 

on or Before September 20, 

1994

Deleted: New Stationary 

Sources 

Deleted: Existing Stationary 

Sources: 

Deleted: ¶

Deleted: (2) Burn greater 

than 30 percent municipal 

solid waste or refusederived fuel, as defined in 

subpart Ea, subpart Eb, 

subpart AAAA, and subpart 

BBBB of this part, and that 

have the capacity to burn 

less than 35 tons (32 

megagrams) per day of 

municipal solid waste or 

refuse-derived fuel, if you 

meet the two requirements in 

paragraphs (c)(2)(i) and 

(ii) of this section.¶

(i) Notify the Administrator 

that the unit meets these 

criteria.¶

(ii) Keep records on a 

calendar quarter basis of ... [4]
(d) Medical waste incineration units. Incineration 

units regulated under subpart Ec of this part (Standards of 

Performance for Hospital/Medical/Infectious Waste 

Incinerators for Which Construction is Commenced After June 

20, 1996) or subpart Ca of this part (Emission Guidelines 

and Compliance Times for Hospital/Medical/Infectious Waste 

Incinerators). 

(e) Small power production facilities. Units that 

meet the three requirements specified in paragraphs (e)(1) 

through (3) of this section. 

(1) The unit qualifies as a small power-production

facility under section 3(17)(C) of the Federal Power Act 

(16 U.S.C. 796(17)(C)). 

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity. 

(3) You notify the Administrator that the unit meets 

all of these criteria. 

(f) Cogeneration facilities. Units that meet the 

three requirements specified in paragraphs (f)(1) through 

(3) of this section. 

(1) The unit qualifies as a cogeneration facility 

under section 3(18)(B) of the Federal Power Act (16 U.S.C. 

796(18)(B)). 

(2) The unit burns homogeneous waste (not including 

refuse-derived fuel) to produce electricity and steam or 

other forms of energy used for industrial, commercial, 

heating, or cooling purposes. 

(3) You notify the Administrator that the unit meets 

all of these criteria. 

(g) Hazardous waste combustion units. Units for which 

you are required to get a permit under section 3005 of the 

Solid Waste Disposal Act. (h) Materials recovery units. 

Units that combust waste for the primary purpose of

recovering metals, such as primary and secondary smelters. 

(i) Air curtain incinerators. Air curtain 

incinerators that burn only the materials listed in

paragraphs (i)(1) through (3) of this section are only 

Deleted: ¶

Deleted: that meet either of 

the two criteria specified 

in paragraph (g)(1) or (2) 

of this section 

Deleted: ¶

Deleted: (1) Units for which 

you are required to get a 

permit under section 3005 of 

the Solid Waste Disposal 

Act.¶

(2) Units regulated under 

subpart EEE of 40 CFR part 

63 (National Emission 

Standards for Hazardous Air 

Pollutants from Hazardous 

Waste Combustors).¶
required to meet the requirements under “Air Curtain 

Incinerators” (§§60.2810 through 60.2870). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste. 

(j) [Reserved] (k) [Reserved]

(l) [Reserved]

(m) Sewage treatment plants. Incineration units 

regulated under subpart O of this part (Standards of 

Performance for Sewage Treatment Plants)(n) Sewage sludge 

incineration units. Incineration units 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.

§60.2558 [Removed] Use of Model Rule 

§60.2560 What is the “model rule” in this subpart? 

(a) The model rule is the portion of these emission 

guidelines (§§60.2575 through 60.2875) that addresses the 

regulatory requirements applicable to CISWI 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. 

(b) In the model rule of §§60.2575 to 60.2875, “you” 

means the owner or operator of a CISWI unit. 

§60.2565 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 §60.2515(a)(4) and (5). 

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After: Auto

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Deleted: Cyclonic barrel 

burners. (See §60.2875)¶

 ¶

Deleted: Rack, part, and drum 

reclamation units. (See 

§60.2875)

Deleted: Cement kilns. Kilns 

regulated under subpart LLL 

of part 63 of this chapter 

(National Emission Standards 

for Hazardous Air Pollutants 

from the Portland Cement 

Manufacturing Industry).

Deleted: sludge incinerators 

Deleted: ¶

Deleted: Chemical recovery 

units. Combustion units 

burning materials to recover 

chemical constituents or to 

produce chemical compounds 

where there is an existing 

commercial market for such 

recovered chemical 

constituents or compounds. 

The seven types of units 

described in paragraphs 

(n)(1) through (7) of this 

section are considered 

chemical recovery units.¶

(1) Units burning only 

pulping liquors ( i.e., 

black liquor) that are 

reclaimed in a pulping 

liquor recovery process and 

reused in the pulping 

process.¶

(2) Units burning only spent 

sulfuric acid used to 

produce virgin sulfuric 

acid.¶

(3) Units burning only wood 

or coal feedstock for the 

production of charcoal.¶

(4) Units burning only 

manufacturing byproduct 

streams/residues containing 

catalyst metals which are 

reclaimed and reused as 

catalysts or used to produce 

commercial grade catalysts.¶

(5) Units burning only coke 

to produce purified carbon 

monoxide that is used as an 

Deleted: What if a chemical 

recovery unit is not listed 

in §60.2555(n)?¶

(a) If a chemical recovery 

unit is not listed in 

Deleted: ¶

... [6]

... [5]
§60.2570 What are the principal components of the model 

rule? 

The model rule contains the eleven major components

listed in paragraphs (a) through (k) of this section. 

(a) Increments of progress toward compliance. 

(b) Waste management plan. 

(c) Operator training and qualification. 

(d) Emission limitations and operating limits. 

(e) Performance testing. 

(f) Initial compliance requirements. 

(g) Continuous compliance requirements. 

(h) Monitoring. 

(i) Recordkeeping and reporting. 

(j) Definitions. 

(k) Tables. 

Model Rule—Increments of Progress 

§60.2575 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. 

§60.2580 When must I complete each increment of progress? 

Table 1 of this subpart specifies compliance dates for 

each of the increments of progress. 
§60.2585 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 CISWI 

unit. 

§60.2590 When must I submit the notifications of 

achievement of increments of progress? 

Notifications for achieving increments of progress 

must be postmarked no later than 10 business days after the 

compliance date for the increment. 

§60.2595 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 of 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. 

§60.2600 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 

five items described in paragraphs (a)(1) through (5) of 

this section. 

(1) A description of the devices for air pollution

control and process changes that you will use to comply Deleted: 
with the emission limitations and other requirements of 

this subpart. 

(2) The type(s) of waste to be burned. 

(3) The maximum design waste burning capacity. 

(4) The anticipated maximum charge rate. 

(5) If applicable, the petition for site-specific 

operating limits under §60.2680. 

(b) Maintain an onsite copy of the final control 

plan. 

§60.2605 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 CISWI unit is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed. 

§60.2610 What must I do if I close my CISWI unit and then 

restart it? 

(a) If you close your CISWI unit but will restart it 

prior to the final compliance date in your state plan, you 

must meet the increments of progress specified in §60.2575. 

(b) If you close your CISWI unit but will restart it 

after your final compliance date, you must complete

emission control retrofits and meet the emission 

limitations and operating limits on the date your unit 

restarts operation. 

§60.2615 What must I do if I plan to permanently close my 

CISWI unit and not restart it? 

If you plan to close your CISWI 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. 

Model Rule—Waste Management Plan 
§60.2620 What is a waste management plan? 

A waste management plan is a written plan that 

identifies both the feasibility and the methods used to 

reduce or separate certain components of solid waste from 

the waste stream in order to reduce or eliminate toxic 

emissions from incinerated waste. 

§60.2625 When must I submit my waste management plan? 

You must submit a waste management plan no later than 

the date specified in table 1 of this subpart for submittal 

of the final control plan. 

§60.2630 What should I include in my waste management 

plan? 

A waste management plan must include consideration of 

the reduction or separation of waste-stream elements such 

as paper, cardboard, plastics, glass, batteries, or metals; 

or the use of recyclable materials. The plan must identify 

any additional waste management measures, and the source 

must implement those measures considered practical and 

feasible, based on the effectiveness of waste management 

measures already in place, the costs of additional 

measures, the emissions reductions expected to be achieved, 

and any other environmental or energy impacts they might 

have. 

Model Rule—Operator Training and Qualification 

§60.2635 What are the operator training and qualification 

requirements? 

(a) No CISWI unit can be operated unless a fully 

trained and qualified CISWI unit operator is accessible, 

either at the facility or can be at the facility within 1 

hour. The trained and qualified CISWI unit operator may 

operate the CISWI unit directly or be the direct supervisor 

of one or more other plant personnel who operate the unit. 

If all qualified CISWI unit operators are temporarily not 

accessible, you must follow the procedures in §60.2665. 

(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 (3) of this section. 

(1) Training on the eleven subjects listed in 

paragraphs (c)(1)(i) through (xi) 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, waste 

charging, 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 malfunction.

(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. 

(xi) Waste management practices. 

(2) An examination designed and administered by the 

instructor. 

(3) Written material covering the training course 

topics that can serve as reference material following 

completion of the course. 

Deleted: correct 
§60.2640 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 CISWI unit startup. 

(c) Six months after an employee assumes 

responsibility for operating the CISWI unit or assumes 

responsibility for supervising the operation of the CISWI 

unit. 

§60.2645 How do I obtain my operator qualification? 

(a) You must obtain operator qualification by 

completing a training course that satisfies the criteria 

under §60.2635(b). 

(b) Qualification is valid from the date on which the 

training course is completed and the operator successfully 

passes the examination required under §60.2635(c)(2). 

§60.2650 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, waste charging, 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. 

§60.2655 How do I renew my lapsed operator qualification? 

Deleted: Responses to 
You must renew a lapsed operator qualification 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 

§60.2650. 

(b) For a lapse of 3 years or more, you must repeat 

the initial qualification requirements in §60.2645(a). 

§60.2660 What site-specific documentation is required? 

(a) Documentation must be available at the facility 

and readily accessible for all CISWI unit operators that 

addresses the ten topics described in paragraphs (a)(1) 

through (10) of this section. You must maintain this 

information and the training records required by paragraph 

(c) of this section in a manner that they can be readily 

accessed and are suitable for inspection upon request. 

(1) Summary of the applicable standards under this

subpart. 

(2) Procedures for receiving, handling, and charging 

waste. 

(3) Incinerator startup, shutdown, and malfunction

procedures. 

(4) Procedures for maintaining proper combustion air 

supply levels. 

(5) Procedures for operating the incinerator and 

associated air pollution control systems within the

standards established under this subpart. 

(6) Monitoring procedures for demonstrating 

compliance with the incinerator operating limits. 

(7) Reporting and recordkeeping procedures. 

(8) The waste management plan required under 

§§60.2620 through 60.2630. 

(9) Procedures for handling ash. 
(10) A list of the wastes burned during the 

performance test. 

(b) You must establish a program for reviewing the

information listed in paragraph (a) of this section with 

each incinerator operator. 

(1) The initial review of the information listed in 

paragraph (a) of this section must be conducted by the 

later of the three dates specified in paragraphs (b)(1)(i) 

through (iii) of this section. 

(i) The final compliance date (Increment 2). 

(ii) Six months after CISWI unit startup. 

(iii) Six months after being assigned to operate the 

CISWI unit. 

(2) Subsequent annual reviews of the information 

listed in paragraph (a) of this section must be conducted 

no later than 12 months following the previous review. 

(c) You must also maintain the information specified 

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

(1) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2660(a) 

as required by §60.2660(b), including the date of the 

initial review and all subsequent annual reviews. 

(2) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2635, met the criteria for qualification under 

§60.2645, and maintained or renewed their qualification 

under §60.2650 or §60.2655. Records must include 

documentation of training, the dates of the initial

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(3) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours. 

§60.2665 What if all the qualified operators are 

temporarily not accessible? 
If all qualified operators are temporarily not 

accessible (i.e., not at the facility and not able to be at 

the facility within 1 hour), you must meet one of the two 

criteria specified in paragraphs (a) and (b) of this 

section, depending on the length of time that a qualified 

operator is not accessible. 

(a) When all qualified operators are not accessible 

for more than 8 hours, but less than 2 weeks, the CISWI 

unit may be operated by other plant personnel familiar with 

the operation of the CISWI unit who have completed a review 

of the information specified in §60.2660(a) within the past 

12 months. However, you must record the period when all 

qualified operators were not accessible and include this 

deviation in the annual report as specified under §60.2770. 

(b) When all qualified operators are not accessible 

for 2 weeks or more, you must take the two actions that are 

described in paragraphs (b)(1) and (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. 

(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 CISWI 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. If 

the Administrator notifies you that your request to

continue operation of the CISWI unit is disapproved, the 

CISWI unit may continue operation for 90 days, then must 

cease operation. Operation of the unit may resume if you 

meet the two requirements in paragraphs (b)(2)(i) and (ii) 

of this section. 

(i) A qualified operator is accessible as required

under §60.2635(a). 

(ii) You notify the Administrator that a qualified

operator is accessible and that you are resuming operation. 
Model Rule—Emission Limitations and Operating Limits 

§60.2670 What emission limitations must I meet and by 

when? 

(a) You must meet the emission limitations for each 

unit, including bypass stack or vent, specified in table 2 

of this subpart or tables 6 through 10 of this subpart by 

the final compliance date under the approved state plan, 

federal plan, or delegation, as applicable. The emission 

limitations apply at all times the unit is operating 

including and not limited to startup, shutdown, or 

malfunction.

(b) Units that do not use wet scrubbers must maintain 

opacity to less than or equal to the percent opacity (1-

hour block average) specified in table 2 of this subpart or 

tables 6 through 10 of this subpart, as applicable.

§60.2675 What operating limits must I meet and by when? 

(a) If you use a wet scrubber to comply with the 

emission limitations, you must establish operating limits 

for four operating parameters (as specified in table 3 of 

this subpart) as described in paragraphs (a)(1) through (4) 

of this section during the initial performance test. 

(1) Maximum charge rate, calculated using one of the 

two different procedures in paragraph (a)(1)(i) or (ii), as 

appropriate. 

(i) For continuous and intermittent units, maximum

charge rate is 110 percent of the average charge rate 

measured during the most recent performance test 

demonstrating compliance with all applicable emission 

limitations. 

(ii) For batch units, maximum charge rate is 110 

percent of the daily charge rate measured during the most 

recent performance test demonstrating compliance with all 

applicable emission limitations. 

(2) Minimum pressure drop across the wet scrubber,

which is calculated as 90 percent of the average pressure 

drop across the wet scrubber measured during the most 

recent performance test demonstrating compliance with the 

particulate matter emission limitations; or minimum

Deleted: You must meet the 

emission limitations 

specified in table 2 of this 

subpart on the date the 

initial performance test is 

required or completed 

(whichever is earlier).¶
amperage to the wet scrubber, which is calculated as 90 

percent of the average amperage to the wet scrubber

measured during the most recent performance test 

demonstrating compliance with the particulate matter 

emission limitations. 

(3) Minimum scrubber liquor flow rate, which is 

calculated as 90 percent of the average liquor flow rate at 

the inlet to the wet scrubber measured during the most 

recent performance test demonstrating compliance with all 

applicable emission limitations. 

(4) Minimum scrubber liquor pH, which is calculated 

as 90 percent of the average liquor pH at the inlet to the 

wet scrubber measured during the most recent performance 

test demonstrating compliance with the HCl emission

limitation. 

(b) You must meet the operating limits established

during the initial performance test on the date the initial 

performance test is required or completed (whichever is 

earlier). 

(c) If you use a fabric filter to comply with the 

emission limitations, you must operate each fabric filter 

system such that the bag leak detection system alarm does 

not sound more than 5 percent of the operating time during 

a 6-month period. In calculating this operating time 

percentage, if inspection of the fabric filter demonstrates 

that no corrective action is required, no alarm time is 

counted. If corrective action is required, each alarm 

shall be counted as a minimum of 1 hour. If you take 

longer than 1 hour to initiate corrective action, the alarm 

time shall be counted as the actual amount of time taken by 

you to initiate corrective action. 

(d) If you use an electrostatic precipitator to 

comply with the emission limitations, you must measure the 

voltage and amperage of the electrostatic precipitator 

collection plates during the particulate matter performance 

test. Calculate the average value of these parameters for 

each test run. The minimum test run averages establish 

your site-specific minimum voltage and amperage operating 

limits for the electrostatic precipitator.

(e) If you use activated carbon injection to comply 

with the emission limitations, you must measure the mercury 
sorbent flow rate during the mercury performance test. The 

minimum mercury sorbent flow rate test run averages

establish your site-specific minimum mercury sorbent flow 

rate.

(f) If you use selective noncatalytic reduction to

comply with the emission limitations, you must establish 

the maximum charge rate, the minimum secondary chamber 

temperature (if applicable to your CISWI unit) and the 

minimum reagent flow rate as site-specific operating 

parameters during the initial nitrogen oxides performance 

test to determine compliance with the emissions limits.

§60.2680 What if I do not use a wet scrubber, activated 

carbon injection, selective noncatalytic reduction, or an 

electrostatic precipitator to comply with the emission 

limitations? 

(a) If you use an air pollution control device other 

than a wet scrubber, activated carbon injection, selective 

noncatalytic reduction, or an electrostatic precipitator or 

limit emissions in some other manner to comply with the 

emission limitations under §60.2670, you must petition the 

Administrator for specific operating limits to be 

established during the initial performance test and

continuously monitored thereafter. You must not conduct 

the initial performance test until after the petition has 

been approved by the Administrator. Your petition must 

include the five items listed in paragraphs (a)(1) through 

(a)(5) of this section.

(1) Identification of the specific parameters you 

propose to use as additional operating limits. 

(2) 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. 

(3) A discussion of how you will establish the upper

and/or lower values for these parameters which will

establish the operating limits on these parameters.

(4) A discussion identifying the methods you will use 

to measure and the instruments you will use to monitor 

Deleted: (e)

Deleted: a

Deleted: b

Deleted: c

Deleted: d
these parameters, as well as the relative accuracy and 

precision of these methods and instruments. 

(5) A discussion identifying the frequency and 

methods for recalibrating the instruments you will use for 

monitoring these parameters.

(b) For energy recovery units that do not use a wet 

scrubber, you must install, operate, certify, and maintain 

a continuous opacity monitoring system according to the 

procedures in §60.2710 by the compliance date specified in 

§60.2670.

§60.2685 [Removed] Model Rule—Performance Testing 

§60.2690 How do I conduct the initial and annual 

performance test? 

(a) All performance tests must consist of a minimum 

of three test runs conducted under conditions 

representative of normal operations. 

(b) You must document that the waste burned during

the performance test is representative of the waste burned 

under normal operating conditions by maintaining a log of 

the quantity of waste burned (as required in 

§60.2740(b)(1)) and the types of waste burned during the 

performance test. 

(c) All performance tests must be conducted using the 

minimum run duration specified in tables 2 and 6 through 10 

of this subpart. 

(d) Method 1 of appendix A of this part must be used 

to select the sampling location and number of traverse 

points. 

(e) Method 3A or 3B of appendix A of this part must 

be used for gas composition analysis, including measurement 

of oxygen concentration. Method 3A or 3B of appendix A of 

this part must be used simultaneously with each method. 

(f) All pollutant concentrations, except for opacity, 

must be adjusted to 7 percent oxygen using Equation 1 of 

this section: 

Cadj= Cmeas(20.9−7)/(20.9−%O2) (Eq. 1) 

Deleted: e

Deleted: What happens during 

periods of startup, 

shutdown, and malfunction?¶

(a) The emission limitations 

and operating limits apply 

at all times except during 

CISWI unit startups, 

shutdowns, or malfunctions.¶

(b) Each malfunction must 

last no longer than 3 hours.¶
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; and 

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

(g) You must determine dioxins/furans toxic 

equivalency by following the procedures in paragraphs 

(g)(1) through (3) of this section. 

(1) Measure the concentration of each dioxin/furan

tetra- through octa-congener emitted using EPA Method 23. 

(2) For each dioxin/furan congener measured in 

accordance with paragraph (g)(1) of this section, multiply 

the congener concentration by its corresponding toxic 

equivalency factor specified in table 4 of this subpart. 

(3) Sum the products calculated in accordance with

paragraph (g)(2) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency.

(h) Method 22 of appendix A-7 of this part must be

used to determine compliance with the fugitive ash emission 

limit in table 2 of this subpart or tables 6 through 10 of 

this subpart.

(i) Except as specified in paragraphs (i)(1),(i)(2), 

(i)(3), and (i)(4) of this section, within 60 days after 

achieving the maximum production rate at which the affected 

facility will be operated, but not later than 180 days 

after initial startup of such facility, or at such other 

times specified by this part, and at such other times as 

may be required by the Administrator under section 114 of 

the Clean Air Act, the owner or operator of such facility 

must conduct performance test(s) and furnish the 

Administrator a written report of the results of such 

performance test(s).
(1) If a force majeure is about to occur, occurs, or 

has occurred for which the affected owner or operator 

intends to assert a claim of force majeure, the owner or 

operator must notify the Administrator, in writing as soon 

as practicable following the date the owner or operator 

first knew, or through due diligence should have known that 

the event may cause or caused a delay in testing 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) The owner or operator must provide to the 

Administrator a written description of the force majeure 

event and a rationale for attributing the delay in testing 

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 the owner or operator 

proposes to conduct the performance test. The performance 

test must be conducted as soon as practicable after the 

force majeure occurs.

(3) The decision as to whether or not to grant an 

extension to the performance test deadline is solely within 

the discretion of the Administrator. The Administrator 

will notify the owner or operator in writing of approval or 

disapproval of the request for an extension as soon as 

practicable.

(4) Until an extension of the performance test 

deadline has been approved by the Administrator under 

paragraphs (i)(1), (2), and (3) of this section, the owner 

or operator of the affected facility remains strictly 

subject to the requirements of this part.

(j) 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.

(1) Specifies or approves, in specific cases, the use 

of a reference method with minor changes in methodology.

(2) Approves the use of an equivalent method.
(3) 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.

(4) Waives the requirement for performance tests 

because the owner or operator of a source has demonstrated 

by other means to the Administrator’s satisfaction that the 

affected facility is in compliance with the standard.

(5) Approves shorter sampling times and smaller 

sample volumes when necessitated by process variables or 

other factors. Nothing in this paragraph is construed to 

abrogate the Administrator’s authority to require testing

under section 114 of the Clean Air Act.

(k) Performance tests must be conducted under such

conditions as the Administrator shall specify to the plant 

operator based on representative performance of the

affected facility. The owner or operator must make

available to the Administrator such records as may be 

necessary to determine the conditions of the performance 

tests.

(l) The owner or operator of an affected facility 

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, the owner or operator of an 

affected facility must notify the Administrator (or

delegated state or local agency) 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 (or delegated state or local agency) by 

mutual agreement.

(m) The owner or operator of an affected facility 

must provide, or cause to be provided, performance testing 

facilities as follows:

(1) Sampling ports adequate for test methods 

applicable to such facility. This includes the following. 
(i) 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. 

(ii) Providing a stack or duct free of cyclonic flow 

during performance tests, as demonstrated by applicable 

test methods and procedures.

(2) Safe sampling platform(s).

(3) Safe access to sampling platform(s).

(4) Utilities for sampling and testing equipment.

(n) 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. For the purpose of determining 

compliance with an applicable standard, the arithmetic 

means of results of the three runs apply. 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 the owner or operator’s control, 

compliance may, upon the Administrator’s approval, be 

determined using the arithmetic mean of the results of the 

two other runs.

§60.2695 How are the performance test data used? 

You use results of performance tests to demonstrate

compliance with the emission limitations in table 2 of this 

subpart or tables 6 through 10 of this subpart. 

Model Rule—Initial Compliance Requirements 

§60.2700 How do I demonstrate initial compliance with the 

amended emission limitations and establish the operating 

limits? 

(a) You must conduct an initial performance test, as 

required under §§60.2690 and 60.2670, to determine 

compliance with the emission limitations in table 2 of this 

subpart and tables 6 through 10 of this subpart and to 

Deleted: ¶

Deleted: §60.8, 
establish operating limits using the procedures in §60.2675 

or §60.2680. The initial performance test must be 

conducted using the test methods listed in table 2 of this 

subpart and tables 6 through 10 of this subpart and the 

procedures in §60.2690. The use of the bypass stack during 

a performance test shall invalidate the performance test.

(b) You may use the results from a performance test 

conducted within the two previous years that demonstrated 

compliance with the emission limits in table 2 of this 

subpart or tables 5 through 9 of this subpart. However, 

you must continue to meet the operating limits established 

during the most recent performance test that demonstrated 

compliance with the emission limits in table 2 of this 

subpart or tables 5 through 9 of this subpart. The test 

must use the test methods in table 2 of this subpart or 

tables 5 through 9 of this subpart.

§60.2705 By what date must I conduct the initial 

performance test? 

The initial performance test must be conducted no 

later than 180 days after your final compliance date. Your 

final compliance date is specified in table 1 of this 

subpart. 

§60.2706 By what date must I conduct the initial air 

pollution control device inspection?

(a) The initial air pollution control device 

inspection must be conducted within 60 days after 

installation of the control device and the associated CISWI 

unit reaches the charge rate at which it will operate, but 

no later than 180 days after the final compliance date for 

meeting the amended emission limitations.

(b) Within 10 operating days following an air 

pollution control device inspection, all necessary repairs 

must be completed unless the owner or operator obtains 

written approval from the state agency establishing a date 

whereby all necessary repairs of the designated facility 

must be completed.

Model Rule—Continuous Compliance Requirements 

§60.2710 How do I demonstrate continuous compliance with 

the emission limitations and the operating limits? 
(a) You must conduct an annual performance test for 

particulate matter, hydrogen chloride, fugitive ash, and 

opacity for each CISWI unit as required under §60.2690 to 

determine compliance with the emission limitations. The 

annual performance test must be conducted using the test 

methods listed in table 2 of this subpart or tables 6 

through 10 of this subpart and the procedures in §60.2690. 

(b) You must continuously monitor the operating 

parameters specified in §60.2675 or established under 

§60.2680. Operation above the established maximum or below 

the established minimum operating limits constitutes a 

deviation from the established operating limits. Threehour rolling average values are used to determine 

compliance (except for baghouse leak detection system 

alarms) unless a different averaging period is established 

under §60.2680. Operating limits are confirmed or 

established during performance tests. 

(c) You must only burn the same types of waste used 

to establish operating limits during the performance test.

(d) For energy recovery units, incinerators, burn-off 

ovens, and small remote units, you must perform annual 

visual emissions test for ash handling.

(e) For energy recovery units, you must conduct an

annual performance test for opacity (except where 

particulate matter continuous emissions monitoring systems 

are used for compliance) and the pollutants (except for 

carbon monoxide) listed in table 2 of this subpart and 

tables 6 through 10 of this subpart. 

(f) For energy recovery units, demonstrate continuous 

compliance with the carbon monoxide emission limit using a 

carbon monoxide continuous emission monitoring system 

according to the following requirements:

(1) Determine continuous compliance with the carbon 

monoxide emissions limit using a 24-hour block average, 

calculated as specified in section 12.4.1 of EPA Reference 

Method 19 of appendix A–7 of this part.

(2) Operate the carbon monoxide continuous emission 

monitoring system in accordance with the applicable

requirements of performance specification 4B of appendix B 

Deleted: §60.8

Deleted: do not apply
and the quality assurance procedures of appendix F of this 

part.

(g) For energy recovery units with design capacities 

greater than 250 MMBtu/hr, demonstrate continuous 

compliance with the particulate matter emissions limit 

using a particulate matter continuous emission monitoring 

system according to the procedures in §60.2730(n).

(h) For waste-burning kilns, you must conduct an 

annual performance test for particulate matter, hydrogen 

chloride, fugitive ash, and opacity as listed in table 8 of 

this subpart. You must determine compliance with the 

mercury emissions limit using a mercury continuous emission 

monitoring system according to the following requirements:

(1) Operate a continuous emission monitor in 

accordance with performance specification 12A of 40 CFR 

part 60, appendix B or a sorbent trap based integrated 

monitor in accordance with performance specification 12B of 

40 CFR part 60, appendix B of Appendix K of 40 CFR part 75. 

The duration of the performance test must be a calendar 

month. For each calendar month in which the cement kiln 

operates, hourly mercury concentration data, and stack gas 

volumetric flow rate data must be obtained.

(2) Owners or operators using a mercury continuous

emission monitoring system must install, operate, 

calibrate, and maintain an instrument for continuously 

measuring and recording the exhaust gas flow rate to the 

atmosphere according to the requirements of performance 

specification 12A of 40 CFR part 60, appendix B and quality 

assurance procedure 5 of 40 CFR part 60, appendix F, upon 

promulgation.(3) The owner or operator of a cement kiln 

must demonstrate initial compliance by operating a mercury 

continuous emission monitor while the raw mill of the inline kiln/raw mill is under normal operating conditions and 

while the raw mill of the in-line kiln/raw mill is not 

operating.

(i) If you use an air pollution control device to 

meet the emission limitations in this subpart, you must 

conduct an initial and annual inspection of the air

pollution control device. The inspection must include, at 

a minimum, the following:

Deleted: ¶
(1) Inspect air pollution control device(s) for 

proper operation.

(2) Develop a site-specific monitoring plan according 

to the requirements in paragraph (j) of this section. This 

requirement also applies to you if you petition the EPA 

Administrator for alternative monitoring parameters under 

§60.13(i).

(j) For each continuous monitoring system required in 

this section, you must develop and submit to the EPA 

Administrator for approval a site-specific monitoring plan 

according to the requirements of this paragraph (j) that 

addresses paragraphs (j)(1)(i) through (vi) of this

section.

(1) You must submit this site-specific monitoring plan 

at least 60 days before your initial performance evaluation 

of your continuous monitoring system. 

(i) 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).

(ii) Performance and equipment specifications for the 

sample interface, the pollutant concentration or parametric 

signal analyzer and the data collection and reduction 

systems.

(iii) Performance evaluation procedures and acceptance 

criteria (e.g., calibrations).

(iv) Ongoing operation and maintenance procedures in 

accordance with the general requirements of §60.11(d).

(v) Ongoing data quality assurance procedures in 

accordance with the general requirements of §60.13.

(vi) Ongoing recordkeeping and reporting procedures in 

accordance with the general requirements of §60.7(b), (c),

(c)(1), (c)(4), (d), (e), (f) and (g).
(2) You must conduct a performance evaluation of each 

continuous monitoring system in accordance with your sitespecific monitoring plan.

(3) You must operate and maintain the continuous 

monitoring system in continuous operation according to the 

site-specific monitoring plan.

(k) If you have an operating limit that requires the 

use of a flow measurement device, you must meet the

requirements in paragraphs (j) and (k)(1) through (4) of 

this section.

(1) Locate 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 2 percent of the flow rate.

 (3) Reduce swirling flow or abnormal velocity 

distributions due to upstream and downstream disturbances.

(4) Conduct a flow sensor calibration check at least 

semiannually.

 (l) If you have an operating limit that requires the 

use of a pressure measurement device, you must meet the 

requirements in paragraphs (j) and (l)(1) through (6) of 

this section.

(1) Locate the pressure sensor(s) in a position that 

provides a representative measurement of the pressure.

(2) Minimize or eliminate pulsating pressure, 

vibration and internal and external corrosion.

(3) Use a gauge with a minimum tolerance of 1.27 

centimeters of water or a transducer with a minimum

tolerance of 1 percent of the pressure range.

(4) Check pressure tap pluggage daily.

(5) Using a manometer, check gauge calibration 

quarterly and transducer calibration monthly.
(6) Conduct calibration checks any time the sensor

exceeds the manufacturer's specified maximum operating 

pressure range or install a new pressure sensor.

(m) If you have an operating limit that requires the 

use of a pH measurement device, you must meet the 

requirements in paragraphs (j) and (m)(1) through (3) of 

this section.

(1) Locate 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) Check the pH meter's calibration on at least two 

points every 8 hours of process operation.

(n) If you have an operating limit that requires the 

use of equipment to monitor voltage and secondary current 

(or total power input) of an electrostatic precipitator, you 

must use voltage and secondary current monitoring equipment 

to measure voltage and secondary current to the 

electrostatic precipitator.

(o) If you have an operating limit that requires the 

use of equipment to monitor sorbent injection rate (e.g., 

weigh belt, weigh hopper, or hopper flow measurement 

device), you must meet the requirements in paragraphs (j) 

and (o)(1) through (3) of this section.

(1) Locate the device in a position(s) that provides a 

representative measurement of the total sorbent injection 

rate.

(2) Install and calibrate the device in accordance 

with manufacturer's procedures and specifications.

(3) At least annually, calibrate the device in 

accordance with the manufacturer's procedures and 

specifications.

(p) If you elect to use a fabric filter bag leak 

detection system to comply with the requirements of this 

subpart, you must install, calibrate, maintain and 

continuously operate a bag leak detection system as

specified in paragraphs (p)(1) through (8) of this section.

Formatted: Font: Italic
(1) You must install and operate a bag leak detection 

system for each exhaust stack of the fabric filter.

(2) Each bag leak detection system must be installed, 

operated, calibrated and maintained in a manner consistent 

with the manufacturer's written specifications and 

recommendations and in accordance with the guidance provided 

in EPA–454/R–98–015, September 1997.

(3) The bag leak detection system must be certified by 

the manufacturer to be capable of detecting particulate 

matter emissions at concentrations of 10 milligrams per 

actual cubic meter or less.

(4) The bag leak detection system sensor must provide 

output of relative or absolute particulate matter loadings.

(5) The bag leak detection system must be equipped

with a device to continuously record the output signal from 

the sensor.

 (6) The bag leak detection system must be equipped 

with an alarm system that will sound automatically when an 

increase in relative particulate matter emissions over a 

preset level is detected. The alarm must be located where 

it is easily heard by plant operating personnel.

(7) 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.

(8) Where multiple bag leak detectors are required, 

the system’s instrumentation and alarm may be shared among 

detectors.

(q) For facilities using a continuous emission 

monitoring system to demonstrate compliance with the sulfur 

dioxide emission limit, compliance with the sulfur dioxide 

emission limit may be demonstrated by using the continuous 

emission monitoring system specified in §60.2165 to measure 

sulfur dioxide and calculating a 24-hour daily geometric 

average emission concentration using EPA Reference Method 

19, sections 4.3 and 5.4, as applicable. The sulfur dioxide 

continuous emission monitoring system must be operated 

according to performance specification 2 in appendix B of 
this part and must follow the procedures and methods 

specified in this paragraph (q). For sources that have 

actual inlet emissions less than 100 parts per million dry 

volume, the relative accuracy criterion for inlet sulfur 

dioxide continuous emission monitoring systems should be no 

greater than 20 percent of the mean value of the reference 

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 reference method and the 

continuous emission monitoring systems, whichever is 

greater.

(1) During each relative accuracy test run of the 

continuous emission monitoring system required by 

performance specification 2 in appendix B of this part, 

sulfur dioxide and oxygen (or carbon dioxide) data must be 

collected concurrently (or within a 30- to 60-minute period) 

by both the continuous emission monitors and the test 

methods specified in paragraphs (q)(1)(i) and (q)(1)(ii) of 

this section.

(i) For sulfur dioxide, EPA Reference Method 6, 6A, or 

6C, or as an alternative ANSI/ASME PTC–19.10–1981 — Flue and 

Exhaust Gas Analysis [Part 10, Instruments and Apparatus] 

(incorporated by reference, see §60.17] must be used.

(ii) For oxygen (or carbon dioxide), EPA Method 3, 3A, 

or 3B, or as an alternative ANSI/ASME PTC–19–10–1981 Flue 

and Exhaust Gas Analysis [Part 10, Instruments and 

Apparatus] (incorporated by reference, see §60.17]as 

applicable, must be used.

(2) The span value of the continuous emission 

monitoring system at the inlet to the sulfur dioxide control 

device must be 125 percent of the maximum estimated hourly 

potential sulfur dioxide emissions of the unit subject to 

this rule. The span value of the continuous emission 

monitoring system at the outlet of the sulfur dioxide 

control device must be 50 percent of the maximum estimated 

hourly potential sulfur dioxide emissions of the unit 

subject to this rule.

(3) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance with 

procedure 1 in appendix F of this part.
(4) When sulfur dioxide emissions data are not 

obtained because of continuous emission monitoring system 

breakdowns, repairs, calibration checks and/or zero and span 

adjustments, emissions data must be obtained by using other 

monitoring systems as approved by EPA or EPA Reference 

Method 19 to provide, as necessary, valid emissions data for 

a minimum of 85 percent of the hours per day, 90 percent of 

the hours per calendar quarter, and 95 percent of the hours 

per calendar year that the affected facility is operated and 

combusting solid waste (as that term is defined by the 

Administrator under RCRA in 40 CFR 240).

(r) For facilities using a continuous emission 

monitoring system to demonstrate continuous compliance with 

the nitrogen oxides emission limit, compliance with the 

nitrogen oxides emission limit may be demonstrated by using 

the continuous emission monitoring system specified in 

§60.2165 to measure nitrogen oxides and calculating a 24-

hour daily arithmetic average emission concentration using 

EPA Reference Method 19, section 4.1. The nitrogen oxides 

continuous emission monitoring system must be operated 

according to performance specification 2 in appendix B of 

this part and must follow the procedures and methods 

specified in paragraphs (r)(1) through (r)(5) of this 

section.

(1) During each relative accuracy test run of the 

continuous emission monitoring system required by 

performance specification 2 of appendix B of this part, 

nitrogen oxides and oxygen (or carbon dioxide) data must be 

collected concurrently (or within a 30- to 60-minute period) 

by both the continuous emission monitors and the test 

methods specified in paragraphs (r)(1)(i) and (r)(1)(ii) of 

this section.

(i) For nitrogen oxides, EPA Reference Method 7, 7A, 

7C, 7D, or 7E must be used.

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3, 3A, or 3B, or as an alternative ANSI/ASME PTC–

19.10–1981 Flue and Exhaust Gas Analysis [Part 10, 

Instruments and Apparatus] (incorporated by reference, see 

§60.17], as applicable, must be used.

(2) The span value of the continuous emission 

monitoring system must be 125 percent of the maximum 

estimated hourly potential nitrogen oxide emissions of unit.
(3) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance with 

procedure 1 in appendix F of this part.

(4) When nitrogen oxides continuous emissions

monitoring data are not obtained because of continuous 

emission monitoring system breakdowns, repairs, calibration 

checks and zero and span adjustments, emissions data must be 

obtained using other monitoring systems as approved by EPA 

or EPA Reference Method 19 to provide, as necessary, valid 

emissions data for a minimum of 85 percent of the hours per 

day, 90 percent of the hours per calendar quarter, and 95 

percent of the hours per calendar year the unit is operated 

and combusting solid waste.

(5) The owner or operator of an affected facility may 

request that compliance with the nitrogen oxides emission 

limit 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 

(r)(5)(i) through (r)(5)(iv) of this section. This

relationship may be reestablished during performance 

compliance tests.

(i) The fuel factor equation in Method 3B must be used 

to determine the relationship between oxygen and carbon 

dioxide at a sampling location. Method 3, 3A, or 3B, or as 

an alternative ANSI/ASME PTC–19.10–1981 Flue and Exhaust Gas 

Analysis [Part 10, Instruments and Apparatus] (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 3 runs must be performed.

(s) For facilities using a continuous emission 

monitoring system to demonstrate continuous compliance with 
any of the emission limits of this subpart, you must 

complete the following:

(1) Demonstrate compliance with the appropriate 

emission limit(s) using a 24-hour block average, calculated 

following the procedures in EPA Method 19 of appendix A-7 of 

this part.

(2) Operate all continuous emission monitoring system 

in accordance with the applicable procedures under 

appendices B and F of this part.

(t) Use of the bypass stack at any time is an 

emissions standards deviation for particulate matter, HCl, 

Pb, Cd and Hg.

§60.2715 By what date must I conduct the annual 

performance test? 

You must conduct annual performance tests within 12

months following the initial performance test. Conduct 

subsequent annual performance tests within 12 months 

following the previous one.

§60.2716 By what date must I conduct the annual air 

pollution control device inspection?

On an annual basis (no more than 12 months following 

the previous annual air pollution control device 

inspection), you must complete the air pollution control 

device inspection as described in §60.2706.

§60.2720 May I conduct performance testing less often? 

(a) You can test less often for particulate matter, 

hydrogen chloride, fugitive ash, or opacity, provided: 

(1) You have test data for at least 3 consecutive 

years.

(2) The test data results for particulate matter, 

hydrogen chloride, fugitive ash, or opacity is less than 75 

percent of the emissions or opacity limit.

(3) There are no changes in the operation of the 

affected source or air pollution control equipment that 

could affect emissions. In this case, you do not have to 

Deleted: ¶

Deleted: for particulate 

matter, hydrogen chloride, 

and opacity 

Deleted: ¶

Deleted: ¶

Deleted: a given pollutant if 

you have test data for at 

least 3 years, and all 

performance tests for the 

pollutant (particulate 

matter, hydrogen chloride, 

or opacity) over 3 

consecutive years show that 

you comply with the emission 

limitation. 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 

36 months following the 

previous performance test.
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 36 months following the

previous performance test. 

(b) If your CISWI unit continues to emit less than 75 

percent of the emission limitation for particulate matter, 

hydrogen chloride, fugitive ash, or opacity and there are 

no changes in the operation of the affected facility or air 

pollution control equipment that could increase emissions, 

you may choose to conduct performance tests for these 

pollutants every third year, but each test must be within 

36 months of the previous performance test.

(c) If a performance test shows emissions exceeded 75 

percent or greater of the emission or opacity limitation 

for particulate matter, hydrogen chloride, fugitive ash, or 

opacity, you must conduct annual performance tests for that 

pollutant until all performance tests over a 3-year period

are within 75 percent of the applicable emission 

limitation.

§60.2725 May I conduct a repeat performance test to 

establish new operating limits? 

(a) Yes. You may conduct a repeat performance test at 

any time to establish new values for the operating limits. 

The Administrator may request a repeat performance test at 

any time. 

(b) You must repeat the performance test if your feed 

stream is different than the feed streams used during any 

performance test used to demonstrate compliance. 

Model Rule—Monitoring 

§60.2730 What monitoring equipment must I install and 

what parameters must I monitor? 

(a) If you are using a wet scrubber to comply with

the emission limitation under §60.2670, you must install, 

calibrate (to manufacturers' specifications), maintain, and 

operate devices (or establish methods) for monitoring the 

value of the operating parameters used to determine

compliance with the operating limits listed in table 3 of 

this subpart. These devices (or methods) must measure and 

record the values for these operating parameters at the 

Deleted: to meet the emission 

limitation

Deleted: 

Deleted: a deviation from an 

emission limitation 

Deleted: show compliance
frequencies indicated in table 3 of this subpart at all 

times except as specified in §60.2735(a). 

(b) If you use a fabric filter to comply with the 

requirements of this subpart, you must install, calibrate, 

maintain, and continuously operate a bag leak detection 

system as specified in paragraphs (b)(1) through (8) of 

this section. 

(1) You must install and operate a bag leak detection 

system for each exhaust stack of the fabric filter.

(2) Each bag leak detection system must be installed, 

operated, calibrated, and maintained in a manner consistent 

with the manufacturer's written specifications and 

recommendations. 

(3) The bag leak detection system must be certified 

by the manufacturer to be capable of detecting particulate 

matter emissions at concentrations of 10 milligrams per 

actual cubic meter or less. 

(4) The bag leak detection system sensor must provide 

output of relative or absolute particulate matter loadings. 

(5) The bag leak detection system must be equipped

with a device to continuously record the output signal from 

the sensor. 

(6) The bag leak detection system must be equipped

with an alarm system that will sound automatically when an 

increase in relative particulate matter emissions over a 

preset level is detected. The alarm must be located where 

it is easily heard by plant operating personnel. 

(7) For positive pressure fabric filter systems, a

bag leak detection system must be installed in each

baghouse compartment or cell. For negative pressure or 

induced air fabric filters, the bag leak detector must be 

installed downstream of the fabric filter. 

(8) Where multiple detectors are required, the 

system’s instrumentation and alarm may be shared among 

detectors. 

(c) If you are using something other than a wet 

scrubber, activated carbon, selective non-catalytic 
reduction, or an electrostatic precipitator to comply with 

the emission limitations under §60.2670, you must install, 

calibrate (to the manufacturer’s specifications), maintain, 

and operate the equipment necessary to monitor compliance 

with the site-specific operating limits established using 

the procedures in §60.2680.

(d) If you use activated carbon injection to comply 

with the emission limitations in this subpart, you must 

measure the minimum mercury sorbent flow rate once per 

hour.

(e) If you use selective non-catalytic reduction to 

comply with the emission limitations, you must complete the 

following:

(1) Following the date on which the initial 

performance test is completed or is required to be 

completed under §60.2690 whichever date comes first, ensure 

that the affected facility does not operate above the 

maximum charge rate, or below the minimum secondary chamber 

temperature (if applicable to your CISWI unit) or the 

minimum reagent flow rate measured as 3-hour rolling 

averages (calculated each hour as the average of the 

previous 3 operating hours) at all times. Operating 

parameter limits are confirmed or reestablished during 

performance tests.

(2) Operation of the affected facility above the 

maximum charge rate, below the minimum secondary chamber 

temperature, and below the minimum reagent flow rate 

simultaneously constitute a violation of the nitrogen 

oxides emissions limit.

(f) If you use an electrostatic precipitator to 

comply with the emission limits of this subpart, you must 

monitor the voltage and amperage of the electrostatic 

precipitator collection plates and maintain the 3-hour 

block averages at or above the operating limits established 

during the mercury or particulate matter performance test.

(g) To demonstrate continuous compliance with the 

hydrogen chloride emissions limit, a facility may 

substitute use of a hydrogen chloride continuous emission 

monitoring system for conducting the hydrogen chloride 

annual performance test, monitoring the minimum hydrogen 
chloride sorbent flow rate, and monitoring the minimum 

scrubber liquor pH.

(h) To demonstrate continuous compliance with the 

particulate matter emissions limit, a facility may 

substitute use of a particulate matter continuous emission 

monitoring system for conducting the particulate matter 

annual performance test and monitoring the minimum pressure 

drop across the wet scrubber, if applicable.

(i) To demonstrate continuous compliance with the 

dioxin/furan emissions limit, a facility may substitute use 

of a continuous automated sampling system for the 

dioxin/furan annual performance test. You must record the 

output of the system and analyze the sample according to 

EPA Reference Method 23 of appendix A-7 of this part. This 

option to use a continuous automated sampling system takes 

effect on the date a final performance specification 

applicable to dioxin/furan from continuous monitors is 

published in the Federal Register. The owner or operator 

who elects to continuously sample dioxin/furan emissions 

instead of sampling and testing using EPA Reference Method 

23 of appendix A-7 must install, calibrate, maintain, and 

operate a continuous automated sampling system and must 

comply with the requirements specified in §60.58b(p) and 

(q).

(j) To demonstrate continuous compliance with the 

mercury emissions limit, a facility may substitute use of a 

continuous automated sampling system for the mercury annual 

performance test. You must record the output of the system 

and analyze the sample at set intervals using any suitable 

determinative technique that can meet appropriate 

performance criteria. This option to use a continuous 

automated sampling system takes effect on the date a final 

performance specification applicable to mercury from 

monitors is published in the Federal Register. The owner 

or operator who elects to continuously sample mercury 

emissions instead of sampling and testing using EPA Method 

29 of appendix A-8 of this part, ASTM D6784-02 (2008), 

Standard Test Method for Elemental, Oxidized, Particle 

Bound and Total Mercury in Flue Gas Generated from CoalFired Stationary Sources (Ontario Hydro Method), or an 

approved alternative method for measuring mercury 

emissions, must install, calibrate, maintain, and operate a 

continuous automated sampling system and must comply with 

the requirements specified in §60.58b(p) and (q).
(k) To demonstrate continuous compliance with the 

nitrogen oxides emissions limit, a facility may substitute 

use of a continuous emission monitoring system for the 

nitrogen oxides annual performance test to demonstrate 

compliance with the nitrogen oxides emissions limits. 

(1) Install, calibrate, maintain, and operate a 

continuous emission monitoring system for measuring

nitrogen oxides emissions discharged to the atmosphere and 

record the output of the system. The requirements under

performance specification 2 of appendix B of this part, the 

quality assurance procedure 1 of appendix F of this part 

and the procedures under §60.13 must be followed for 

installation, evaluation, and operation of the continuous 

emission monitoring system.

(2) Following the date that the initial performance 

test for nitrogen oxides is completed or is required to be 

completed under §60.2690, compliance with the emission 

limit for nitrogen oxides required under §60.52b(d) must be 

determined based on the 24-hour daily arithmetic average of 

the hourly emission concentrations using continuous

emission monitoring system outlet data. The 1-hour

arithmetic averages must be expressed in parts per million 

by volume (dry basis) and used to calculate the 24-hour 

daily arithmetic average concentrations. The 1-hour 

arithmetic averages must be calculated using the data 

points required under §60.13(e)(2).

(l) To demonstrate continuous compliance with the 

sulfur dioxide emissions limit, a facility may substitute 

use of a continuous automated sampling system for the 

sulfur dioxide annual performance test to demonstrate 

compliance with the sulfur dioxide emissions limits.

(1) Install, calibrate, maintain, and operate a 

continuous emission monitoring system for measuring sulfur 

dioxide emissions discharged to the atmosphere and record 

the output of the system. The requirements under

performance specification 2 of appendix B of this part, the 

quality assurance procedure 1 of appendix F of this part 

and the procedures under §60.13 must be followed for 

installation, evaluation, and operation of the continuous 

emission monitoring system.

(2) Following the date that the initial performance 

test for sulfur dioxide is completed or is required to be 
completed under §60.2690, compliance with the sulfur 

dioxide emission limit may be determined based on the 24-

hour daily geometric average of the hourly arithmetic 

average emission concentrations using continuous emission 

monitoring system outlet data. The 1-hour arithmetic 

averages must be expressed in parts per million corrected 

to 7 percent oxygen (dry basis) and used to calculate the 

24-hour daily geometric average emission concentrations and 

daily geometric average emission percent reductions. The 

1-hour arithmetic averages must be calculated using the 

data points required under §60.13(e)(2).

(m) For energy recovery units that do not use a wet 

scrubber, you must install, operate, certify, and maintain 

a continuous opacity monitoring system according to the 

procedures in paragraphs (m)(1) through (5) of this section 

by the compliance date specified in §60.22670. Energy 

recovery units that use a particulate matter continuous 

emission monitoring system to demonstrate initial and 

continuing compliance according to the procedures in 

§60.2730(n) are not required to install a continuous 

opacity monitoring system and must perform the annual 

performance tests for opacity consistent with §60.2710(e).

(1) Install, operate, and maintain each continuous

opacity monitoring system according to performance 

specification 1 of 40 CFR part 60, appendix B.

(2) Conduct a performance evaluation of each 

continuous opacity monitoring system according to the 

requirements in §60.13 and according to PS-1 of 40 CFR part 

60, appendix B.

(3) As specified in §60.13(e)(1), each continuous 

opacity monitoring system must complete a minimum of one 

cycle of sampling and analyzing for each successive 10-

second period and one cycle of data recording for each 

successive 6-minute period.

(4) Reduce the continuous opacity monitoring system 

data as specified in §60.13(h)(1).

(5) Determine and record all the 6-minute averages

(and 1-hour block averages as applicable) collected.

(n) For energy recovery units with design capacities 

greater than 250 MMBtu/hr, in place of particulate matter 
testing with EPA Method 5, an owner or operator may elect 

to install, calibrate, maintain, and operate a continuous 

emission monitoring system for monitoring particulate 

matter emissions discharged to the atmosphere and record 

the output of the system. The owner or operator of an 

affected facility who continuously monitors particulate 

matter emissions instead of conducting performance testing 

using EPA Method 5 must install, calibrate, maintain, and 

operate a continuous emission monitoring system and must 

comply with the requirements specified in paragraphs (n)(1) 

through (n)(14) of this section. 

(1) Notify the Administrator 1 month before starting 

use of the system. 

(2) Notify the Administrator 1 month before stopping 

use of the system.

(3) The monitor must be installed, evaluated, and 

operated in accordance with the requirements of performance 

specification 11 of appendix B of this part and quality 

assurance requirements of procedure 2 of appendix F of this 

part and §60.13. 

(4) The initial performance evaluation must be 

completed no later than 180 days after the date of initial 

startup of the affected facility, as specified under 

§60.2690 or within 180 days of notification to the 

Administrator of use of the continuous monitoring system if 

the owner or operator was previously determining compliance 

by Method 5 performance tests, whichever is later.

(5) The owner or operator of an affected facility may 

request that compliance with the particulate matter

emission limit be determined using carbon dioxide 

measurements corrected to an equivalent of 7 percent 

oxygen. The relationship between oxygen and carbon dioxide 

levels for the affected facility must be established 

according to the procedures and methods specified in 

§60.2145(r)(5)(i) through (r)(5)(iv).

(6) The owner or operator of an affected facility 

must conduct an initial performance test for particulate

matter emissions as required under §60.2690. Compliance 

with the particulate matter emission limit must be 

determined by using the continuous emission monitoring 

system specified in paragraph (n) of this section to 
measure particulate matter and calculating a 24-hour block 

arithmetic average emission concentration using EPA

Reference Method 19, section 4.1. 

(7) Compliance with the particulate matter emission 

limit must be determined based on the 24-hour daily (block) 

average of the hourly arithmetic average emission 

concentrations using continuous emission monitoring system 

outlet data.

(8) At a minimum, valid continuous emission 

monitoring system hourly averages must be obtained as 

specified in §60.2735(e).

(9) The 1-hour arithmetic averages required under 

paragraph (n)(7) of this section must be expressed in 

milligrams per dry standard cubic meter corrected to 7 

percent oxygen (or carbon dioxide)(dry basis) and must be 

used to calculate the 24-hour daily arithmetic average 

emission concentrations. The 1-hour arithmetic averages 

must be calculated using the data points required under 

§60.13(e)(2).

(10) All valid continuous emission monitoring system 

data must be used in calculating average emission 

concentrations even if the minimum continuous emission 

monitoring system data requirements of paragraph (n)(8) of 

this section are not met.

(11) The continuous emission monitoring system must 

be operated according to performance specification 11 in 

appendix B of this part. 

(12) During each relative accuracy test run of the

continuous emission monitoring system required by 

performance specification 11 in appendix B of this part, 

particulate matter and oxygen (or carbon dioxide) data must 

be collected concurrently (or within a 30- to 60-minute 

period) by both the continuous emissions monitors and the 

test methods.

(i) For particulate matter, EPA Reference Method 5

must be used. 

(ii) For oxygen (or carbon dioxide), EPA Reference

Method 3, 3A, or 3B, as applicable must be used. 
(13) Quarterly accuracy determinations and daily 

calibration drift tests must be performed in accordance 

with procedure 2 in appendix F of this part. 

(14) When particulate matter emissions data are not 

obtained because of continuous emission monitoring system 

breakdowns, repairs, calibration checks, and zero and span 

adjustments, emissions data must be obtained by using other 

monitoring systems as approved by the Administrator or EPA 

Reference Method 19 to provide, as necessary, valid

emissions data for a minimum of 85 percent of the hours per 

day, 90 percent of the hours per calendar quarter, and 95 

percent of the hours per calendar year that the affected 

facility is operated and combusted waste.

(o) For energy recovery units, you must install, 

operate, certify and maintain a continuous emission

monitoring system for carbon monoxide, according to the 

requirements of performance specification 4B of appendix B 

of this part and quality assurance procedure 1 of appendix 

F of this part. 

(p) The owner/operator of an affected source with a 

bypass stack shall install, calibrate (to manufacturer’s 

specifications), maintain and operate a device or method 

for measuring the use of the bypass stack including date, 

time and duration.

§60.2735 Is there a minimum amount of monitoring data I 

must obtain? 

(a) You must conduct all monitoring at all times the CISWI 

unit is operating. 

(b) You must use all the data collected during all periods 

in assessing compliance with the operating limits.

(c) For continuous emission monitoring systems for

measuring sulfur dioxide emissions, valid continuous 

monitoring system hourly averages must be obtained as 

specified in paragraphs (c)(1) and (c)(2) of this section 

for a minimum of 85 percent of the hours per day, 90 

percent of the hours per calendar quarter, and 95 percent 

of the hours per calendar year that the affected facility 

is combusting waste. All valid continuous emission

monitoring system data must be used in calculating average 

emission concentrations and percent reductions even if the 

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After: 0 pt

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Bold

Deleted: ¶

Deleted: ¶

Deleted: Except for 

monitoring malfunctions, 

associated repairs, and 

required quality assurance 

or quality control 

activities (including, as 

applicable, calibration 

checks and required zero and 

span adjustments of the 

monitoring system), 

Deleted: y

Deleted: Do not use data 

recorded during monitoring 

malfunctions, associated 

repairs, and required 

quality assurance or quality 

control activities for 

meeting the requirements of 

this subpart, including data 

averages and calculations. 

Deleted: other 
minimum continuous emission monitoring system data 

requirements of this paragraph (c) are not met.

(1) At least 2 data points per hour must be used to 

calculate each 1-hour arithmetic average.

(2) Each sulfur dioxide 1-hour arithmetic average 

must be corrected to 7 percent oxygen on an hourly basis 

using the 1-hour arithmetic average of the oxygen (or 

carbon dioxide) continuous emission monitoring system data.

(d) For continuous emission monitoring systems for

measuring nitrogen oxides emissions, valid continuous 

emission monitoring system hourly averages must be obtained 

as specified in as specified in paragraphs (d)(1) and 

(d)(2) of this section for a minimum of 85 percent of the 

hours per day, 90 percent of the hours per calendar

quarter, and for 95 percent of the hours per calendar year 

that the affected facility is combusting waste. All valid 

continuous emission monitoring system data must be used in 

calculating average emission concentrations and percent 

reductions even if the minimum continuous emission 

monitoring system data requirements of this paragraph (d) 

are not met.

(1) At least 2 data points per hour must be used to 

calculate each 1-hour arithmetic average.

(2) Each nitrogen oxides 1-hour arithmetic average

must be corrected to 7 percent oxygen on an hourly basis 

using the 1-hour arithmetic average of the oxygen (or 

carbon dioxide) continuous emission monitoring system data.

(e) For continuous emission monitoring systems for

measuring particulate matter emissions, valid continuous 

monitoring system hourly averages must be obtained as 

specified in paragraphs (e)(1) and (e)(2) for a minimum of 

85 percent of the hours per day, 90 percent of the hours 

per calendar quarter, and 95 percent of the hours per 

calendar year that the affected source is combusting waste. 

All valid continuous emission monitoring system data must 

be used in calculating average emission concentrations and 

percent reductions even if the minimum continuous emission 

monitoring system data requirements of this paragraph (c) 

are not met.
(1) At least 2 data points per hour must be used to

calculate each one-hour arithmetic average.

(2) Each particulate matter one-hour arithmetic average must be corrected to 7 percent oxygen on an 

hourly basis using the one-hour arithmetic average of the oxygen (or carbon dioxide) continuous 

emission monitoring system data.Model Rule—Recordkeeping and Reporting 

§60.2740 What records must I keep? 

You must maintain the items (as applicable) as 

specified in paragraphs (a), (b), and (e) through (t) of 

this section for a period of at least 5 years: 

(a) Calendar date of each record. 

(b) Records of the data described in paragraphs (b)(1) 

through (6) of this section: 

(1) The CISWI unit charge dates, times, weights, and 

hourly charge rates. 

(2) Liquor flow rate to the wet scrubber inlet every 

15 minutes of operation, as applicable. 

(3) Pressure drop across the wet scrubber system every 

15 minutes of operation or amperage to the wet scrubber 

every 15 minutes of operation, as applicable. 

(4) Liquor pH as introduced to the wet scrubber every 

15 minutes of operation, as applicable. 

(5) For affected CISWI units that establish operating 

limits for controls other than wet scrubbers under

§60.2675(d) through (f) or §60.2680, you must maintain 

data collected for all operating parameters used to

determine compliance with the operating limits. 

(6) If a fabric filter is used to comply with the 

emission limitations, you must record 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 §60.2675(c). 

(c) [Reserved]

Formatted: Space Before: 0 pt,

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Deleted: ¶

¶

Deleted: 13

Deleted: m

Deleted: Identification of 

calendar dates and times for 

which monitoring systems 

used to monitor operating 

limits were inoperative, 

inactive, malfunctioning, or 

out of control (except for 

downtime associated with 

zero and span and other 

routine calibration checks). 

Identify the operating 

parameters not measured, the 

duration, reasons for not 

obtaining the data, and a 

description of corrective 

actions taken.
(d) [Reserved]

(e) Identification of calendar dates and times for 

which data show a deviation from the operating limits in 

table 3 of this subpart or a deviation from other operating 

limits established under §60.2675(d) through (f) or 

§60.2680 with a description of the deviations, reasons for 

such deviations, and a description of corrective actions 

taken. 

(f) The results of the initial, annual, and any 

subsequent performance tests conducted to determine

compliance with the emission limits and/or to establish 

operating limits, as applicable. Retain a copy of the 

complete test report including calculations. 

(g) Records showing the names of CISWI unit operators 

who have completed review of the information in §60.2660(a) 

as required by §60.2660(b), including the date of the 

initial review and all subsequent annual reviews. 

(h) Records showing the names of the CISWI operators 

who have completed the operator training requirements under 

§60.2635, met the criteria for qualification under 

§60.2645, and maintained or renewed their qualification 

under §60.2650 or §60.2655. Records must include 

documentation of training, the dates of the initial and 

refresher training, and the dates of their qualification 

and all subsequent renewals of such qualifications.

(i) For each qualified operator, the phone and/or 

pager number at which they can be reached during operating 

hours. 

(j) Records of calibration of any monitoring devices 

as required under §60.2730. 

(k) Equipment vendor specifications and related 

operation and maintenance requirements for the incinerator, 

emission controls, and monitoring equipment. 

(l) The information listed in §60.2660(a). 

(m) On a daily basis, keep a log of the quantity of

waste burned and the types of waste burned (always 

required).

Deleted: Identification of 

calendar dates, times, and 

durations of malfunctions, 

and a description of the 

malfunction and the 

corrective action taken.
(n) Maintain records of the annual air pollution 

control device inspections that are required for each CISWI 

unit subject to the emissions limits in table 2 of this 

subpart or tables 6 through 10 of this subpart, any

required maintenance, and any repairs not completed within 

10 days of an inspection or the timeframe established by 

the state regulatory agency.

(o) For continuously monitored pollutants or 

parameters, you must document and keep a record of the 

following parameters measured using continuous monitoring 

systems.

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur 

dioxide emissions.

(3) All 1-hour average concentrations of nitrogen 

oxides emissions.

(4) All 1-hour average concentrations of carbon 

monoxide emissions.

(5) All one-hour average concentrations of 

particulate matter emissions.

(6) All one-hour average concentrations of mercury

emissions.

(7) All one-hour average concentrations of hydrogen 

chloride emissions.

(p) Records indicating use of the bypass stack, 

including dates, times and durations. 

(q) If you choose to stack test less frequently than 

annually, consistent with §60.2720(a) through (c), you must 

keep annual records that document that your emissions in 

the previous stack test(s) were less than 75 percent of the 

applicable emission limit and document that there was no 

change in source operations including fuel composition and 

operation of air pollution control equipment that would 

cause emissions of the relevant pollutant to increase 

within the past year.
(r) Records of the occurrence and duration of each

malfunction of operation (i.e., process equipment) or the 

air pollution control and monitoring equipment.

(s) Records of all required maintenance performed on 

the air pollution control and monitoring equipment.

(t) Records of actions taken during periods of 

malfunction to minimize emissions in accordance with 

§60.11(d), including corrective actions to restore 

malfunctioning process and air pollution control and 

monitoring equipment to its normal or usual manner of 

operation.

§60.2745 Where and in what format must I keep my records? 

All records must be available onsite in either paper 

copy or computer-readable format that can be printed upon 

request, unless an alternative format is approved by the 

Administrator. 

§60.2750 What reports must I submit? 

See table 5 of this subpart for a summary of the 

reporting requirements. 

§60.2755 When must I submit my waste management plan? 

You must submit the waste management plan no later 

than the date specified in table 1 of this subpart for 

submittal of the final control plan. 

§60.2760 What information must I submit following my 

initial performance test? 

You must submit the information specified in 

paragraphs (a) through (c) of this section no later than 60 

days following the initial performance test. All reports 

must be signed by the facilities manager. 

(a) The complete test report for the initial 

performance test results obtained under §60.2700, as 

applicable. 

(b) The values for the site-specific operating limits 

established in §60.2675 or §60.2680. 
(c) If you are using a fabric filter to comply with 

the emission limitations, documentation that a bag leak 

detection system has been installed and is being operated, 

calibrated, and maintained as required by §60.2730(b). 

§60.2765 When must I submit my annual report? 

You must submit an annual report no later than 12 

months following the submission of the information in 

§60.2760. You must submit subsequent reports no more than 

12 months following the previous report. (If the unit is 

subject to permitting requirements under title V of the 

Clean Air Act, you may be required by the permit to submit 

these reports more frequently.) 

§60.2770 What information must I include in my annual 

report? 

The annual report required under §60.2765 must include 

the ten items listed in paragraphs (a) through (j) of this 

section. If you have a deviation from the operating limits 

or the emission limitations, you must also submit deviation 

reports as specified in §§60.2775, 60.2780, and 60.2785. 

(a) Company name and address. 

(b) Statement by a responsible official, with that

official's name, title, and signature, certifying the 

accuracy of the content of the report. 

(c) Date of report and beginning and ending dates of 

the reporting period. 

(d) The values for the operating limits established 

pursuant to §60.2675 or §60.2680. 

(e) If no deviation from any emission limitation or 

operating limit that applies to you has been reported, a 

statement that there was no deviation from the emission 

limitations or operating limits during the reporting 

period.

(f) The highest recorded 3-hour average and the 

lowest recorded 3-hour average, as applicable, for each 

operating parameter recorded for the calendar year being 

reported. 

Deleted: , and that no 

monitoring system used to 

determine compliance with 

the operating limits was 

inoperative, inactive, 

malfunctioning or out of 

control.
(g) Information recorded under §60.2740(b)(6) and (c) 

through (e) for the calendar year being reported. 

(h) If a performance test was conducted during the

reporting period, the results of that test. 

(i) If you met the requirements of §60.2720(a) or 

(b), and did not conduct a performance test during the 

reporting period, you must state that you met the 

requirements of §60.2720(a) or (b), and, therefore, you 

were not required to conduct a performance test during the 

reporting period. 

(j) Documentation of periods when all qualified CISWI 

unit operators were unavailable for more than 8 hours, but 

less than 2 weeks.

(k) 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.

(l) For each deviation from an emission or operating 

limitation that occurs for a CISWI unit for which you are 

not using a CMS to comply with the emission or operating 

limitations in this subpart, the annual report must contain 

the following information.

(1) The total operating time of the CISWI unit at 

which the deviation occurred during the reporting period.

(2) Information on the number, duration, and cause of 

deviations (including unknown cause, if applicable), as 

applicable, and the corrective action taken.

(m) If there were periods during which the continuous 

monitoring system, including the continuous emission 

monitoring system, was out of control as specified in 

paragraph (o) of this section, the annual report must 

contain the following information for each deviation from 

an emission or operating limitation occurring for a CISWI 
unit for which you are using a continuous monitoring system 

to comply with the emission and operating limitations in 

this subpart.

(1) The date and time that each malfunction started 

and stopped.

(2) The date, time, and duration that each CMS was 

inoperative, except for zero (low-level) and high-level 

checks.

(3) 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.

(4) The date and time that each deviation started and 

stopped, and whether each deviation occurred during a 

period of malfunction or during another period.

(5) 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.

(6) 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.

(7) 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 CISWI unit 

at which the continuous monitoring system downtime occurred 

during that reporting period.

(8) An identification of each parameter and pollutant 

that was monitored at the CISWI unit.

(9) A brief description of the CISWI unit.

(10) A brief description of the continuous monitoring 

system. 

(11) The date of the latest continuous monitoring 

system certification or audit.
(12) A description of any changes in continuous 

monitoring system, processes, or controls since the last 

reporting period.

(n) If there were periods during which the continuous 

monitoring system, including the continuous emission 

monitoring system, was not out of control as specified in 

paragraph (o) of this section, a statement that there were 

not periods during which the continuous monitoring system 

was out of control during the reporting period.

(o) A continuous monitoring system is out of control 

if any of the following occur. 

(1) The zero (low-level), mid-level (if applicable), 

or high-level calibration drift exceeds two times the 

applicable calibration drift specification in the 

applicable performance specification or in the relevant 

standard.

(2) 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.

(3) The continuous opacity monitoring system 

calibration drift exceeds two times the limit in the 

applicable performance specification in the relevant 

standard.

§60.2775 What else must I report if I have a deviation 

from the operating limits or the emission limitations? 

(a) You must submit a deviation report if any 

recorded 3-hour average parameter level is above the 

maximum operating limit or below the minimum operating 

limit established under this subpart, if the bag leak 

detection system alarm sounds for more than 5 percent of 

the operating time for the 6-month reporting period, or if 

a performance test was conducted that deviated from any 

emission limitation. 

(b) 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). 

§60.2780 What must I include in the deviation report? 

In each report required under §60.2775, for any 

pollutant or parameter that deviated from the emission 

limitations or operating limits specified in this subpart, 

include the six items described in paragraphs (a) through 

(f) of this section. 

(a) The calendar dates and times your unit deviated 

from the emission limitations or operating limit 

requirements. 

(b) The averaged and recorded data for those dates. 

(c) Duration and causes of the following:

(1) Each deviation from emission limitations or

operating limits and your corrective actions.

(2) Bypass events and your corrective actions.

(d) A copy of the operating limit monitoring data 

during each deviation and any test report that documents 

the emission levels.

(e) [Removed] (f) [Removed]

§60.2785 What else must I report if I have a deviation 

from the requirement to have a qualified operator 

accessible? 

(a) If all qualified operators are not accessible for 

2 weeks or more, you must take the two actions in 

paragraphs (a)(1) and (2) of this section. 

(1) Submit a notification of the deviation within 10 

days that includes the three items in paragraphs (a)(1)(i) 

through (iii) of this section. 

(i) A statement of what caused the deviation. 

(ii) A description of what you are doing to ensure

that a qualified operator is accessible. 

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Deleted: e

Deleted: the 

Deleted: ¶

Deleted: The dates, times, 

number, duration, and causes 

for monitoring downtime 

incidents (other than 

downtime associated with 

zero, span, and other 

routine calibration checks).¶

¶

Deleted: Whether each 

deviation occurred during a 

period of startup, shutdown, 

or malfunction, or during 

another period.¶
(iii) The date when you anticipate that a qualified 

operator will be available. 

(2) Submit a status report to the Administrator every 

4 weeks that includes the three items in paragraphs

(a)(2)(i) through (iii) of this section. 

(i) A description of what you are doing to ensure 

that a qualified operator is accessible. 

(ii) The date when you anticipate that a qualified

operator will be accessible. 

(iii) Request approval from the Administrator to 

continue operation of the CISWI unit. 

(b) If your unit was shut down by the Administrator, 

under the provisions of §60.2665(b)(2), due to a failure to 

provide an accessible qualified operator, you must notify 

the Administrator that you are resuming operation once a 

qualified operator is accessible. 

§60.2790 Are there any other notifications or reports 

that I must submit? 

Yes. You must submit notifications as provided by 

§60.7. 

§60.2795 In what form can I submit my reports? 

(a) Submit initial, annual and deviation reports 

electronically or in paper format, postmarked on or before 

the submittal due dates.

(b) After December 31, 2011, within 60 days after the 

date of completing each performance evaluation conducted to 

demonstrate compliance with this subpart, the owner or 

operator of the affected facility must submit the test data 

to EPA by entering the data electronically into EPA’s 

WebFIRE database through EPA’s Central Data Exchange. The 

owner or operator of an affected source shall enter the 

test data into EPA’s database using the Electronic 

Reporting Tool or other compatible electronic spreadsheet. 

Only performance evaluation data collected using methods 

compatible with ERT are subject to this requirement to be 

submitted electronically into EPA’s WebFIRE database.

§60.2800 Can reporting dates be changed? 

Deleted: ¶

Deleted: ,

Deleted: ¶

¶
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. 

Model Rule—Title V Operating Permits 

§60.2805 Am I required to apply for and obtain a title V 

operating permit for my unit? 

Yes. Each CISWI unit and air curtain incinerator 

affected by this subpart must operate pursuant to a permit 

issued under section 129(e) and title V of the Clean Air 

Act. 

Model Rule—Air Curtain Incinerators 

§60.2810 What is an air curtain incinerator? 

(a) An air curtain incinerator operates by forcefully 

projecting a curtain of air across an open chamber or open 

pit in which combustion occurs. Incinerators of this type 

can be constructed above or below ground and with or 

without refractory walls and floor. (Air curtain 

incinerators are not to be confused with conventional 

combustion devices with enclosed fireboxes and controlled 

air technology such as mass burn, modular, and fluidized 

bed combustors.) 

(b) Air curtain incinerators that burn only the 

materials listed in paragraphs (b)(1) through (3) of this 

section are only required to meet the requirements under 

“Air Curtain Incinerators” (§§60.2810 through 60.2870). 

(1) 100 percent wood waste. 

(2) 100 percent clean lumber. 

(3) 100 percent mixture of only wood waste, clean 

lumber, and/or yard waste. 

§60.2815 What are my requirements for meeting increments 

of progress and achieving final compliance? 

Deleted: ¶

Deleted: by the later of the 

two dates in paragraphs (a) 

and (b) of this section.

Deleted: (a) Thirty-six 

months after December 1, 

2000.¶

(b) The effective date of 

the title V permit program 

to which your unit is 

subject. If your unit is 

subject to title V as a 

result of some triggering 

requirement(s) other than 

this subpart (for example, 

being a major source), then 

your unit may be required to 

apply for and obtain a title 

V permit prior to the 

deadlines noted above. If 

more than one requirement 

triggers the requirement to 

apply for a title V permit, 

the 12-month timeframe for 

filing a title V application 

is triggered by the 

requirement which first 

causes the source to be 

subject to title V.
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. 

§60.2820 When must I complete each increment of progress? 

Table 1 of this subpart specifies compliance dates for 

each of the increments of progress. 

§60.2825 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 described 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 (see §60.2840). 

(c) Signature of the owner or operator of the 

incinerator. 

§60.2830 When must I submit the notifications of 

achievement of increments of progress? 

Notifications for achieving increments of progress 

must be postmarked no later than 10 business days after the 

compliance date for the increment. 

§60.2835 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 of 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. 
§60.2840 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, including a 

description of any devices for air pollution control and 

any process changes that you will use to comply with the 

emission limitations and other requirements of this

subpart. 

(b) Maintain an onsite copy of the final control 

plan. 

§60.2845 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 incinerator is brought online, all 

necessary process changes and air pollution control devices 

would operate as designed. 

§60.2850 What must I do if I close my air curtain

incinerator and then restart it? 

(a) If you close your incinerator but will reopen it 

prior to the final compliance date in your state plan, you 

must meet the increments of progress specified in §60.2815. 

(b) If you close your incinerator but will restart it 

after your final compliance date, you must complete

emission control retrofits and meet the emission 

limitations on the date your incinerator restarts 

operation. 

§60.2855 What must I do if I plan to permanently close my 

air curtain incinerator and not restart it? 

If you plan to close your incinerator 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.
§60.2860 What are the emission limitations for air 

curtain incinerators? 

After the date the initial stack test is required or 

completed (whichever is earlier), you must meet the

limitations in paragraphs (a) and (b) of this section.

(a) Maintain opacity to less than or equal to 10 

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity 

values), except as described in paragraph (b) of this 

section.

(b) Maintain opacity to less than or equal to 35 

percent opacity (as determined by the average of three 1-

hour blocks consisting of ten 6-minute average opacity 

values) during the startup period that is within the first 

30 minutes of operation.

 

§60.2865 How must I monitor opacity for air curtain 

incinerators? 

(a) Use Method 9 of appendix A of this part to 

determine compliance with the opacity limitation. 

(b) Conduct an initial test for opacity as specified 

in §60.8 no later than 180 days after your final compliance 

date. 

(c) After the initial test for opacity, conduct 

annual tests no more than 12 calendar months following the 

date of your previous test. 

§60.2870 What are the recordkeeping and reporting

requirements for air curtain incinerators? 

(a) Keep records of results of all initial and annual 

opacity tests onsite in either paper copy or electronic 

format, unless the Administrator approves another format, 

for at least 5 years. 

(b) Make all records available for submittal to the 

Administrator or for an inspector's onsite review. 

Deleted: (a) 

Deleted: (1)

Deleted: 2

Deleted: ¶

(1) The opacity limitation 

is 10 percent (6-minute 

average), except as 

described in paragraph 

(a)(2) of this section.¶

(2) The opacity limitation 

is 35 percent (6-minute 

average) during the startup 

period that is within the 

first 30 minutes of 

operation.¶

(b) Except during 

malfunctions, the 

requirements of this subpart 

apply at all times, and each 

malfunction must not exceed 

3 hours.¶

Deleted: ¶
(c) Submit an initial report no later than 60 days

following the initial opacity test that includes the 

information specified in paragraphs (c) (1) and (2) of this 

section. 

(1) The types of materials you plan to combust in your 

air curtain incinerator. 

(2) The results (as determined by the average of 

three 1-hour blocks consisting of the 6-minute average

opacity values) of the initial opacity tests. 

(d) Submit annual opacity test results within 12 

months following the previous report. 

(e) Submit initial and annual opacity test reports as 

electronic or paper copy on or before the applicable 

submittal date and keep a copy onsite for a period of 5 

years. 

Model Rule—Definitions 

§60.2875 What definitions must I know? 

Terms used but not defined in this subpart are defined 

in the Clean Air Act and subparts A and B of this part. 

Administrator means the Administrator of the U.S. 

Environmental Protection Agency or his/her authorized 

representative or Administrator of a State Air Pollution 

Control Agency. 

Air curtain incinerator means an incinerator that 

operates by forcefully projecting a curtain of air across 

an open chamber or pit in which combustion occurs. 

Incinerators of this type can be constructed above or below 

ground and with or without refractory walls and floor. (Air 

curtain incinerators are not to be confused with 

conventional combustion devices with enclosed fireboxes and 

controlled air technology such as mass burn, modular, and 

fluidized bed combustors.) 

Auxiliary fuel means natural gas, liquified 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 

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¶

Deleted: ¶

Agricultural waste means 

vegetative agricultural 

materials such as nut and 

grain hulls and chaff (e.g., 

almond, walnut, peanut, 

rice, and wheat), bagasse, 

orchard prunings, corn 

stalks, coffee bean hulls 

and grounds, and other 

vegetative waste materials 

generated as a result of 

agricultural operations.¶
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.

Burn-off oven means any rack reclamation unit, part 

reclamation unit, or drum reclamation unit. 

Bypass stack means a device used for discharging 

combustion gases to avoid severe damage to the air 

pollution control device or other equipment.

Calendar quarter means three consecutive months 

(nonoverlapping) beginning on: January 1, April 1, July 1, 

or October 1. 

Calendar year means 365 consecutive days starting on 

January 1 and ending on December 31.Chemotherapeutic waste 

means waste material resulting from the production or use 

of antineoplastic agents used for the purpose of stopping 

or reversing the growth of malignant cells. 

Clean lumber means wood or wood products that have 

been cut or shaped and include wet, air-dried, and kilndried wood products. Clean lumber does not include wood 

products that have been painted, pigment-stained, or 

pressure-treated by compounds such as chromate copper 

arsenate, pentachlorophenol, and creosote. 

Commercial and industrial solid waste incineration 

(CISWI) unit means any distinct operating unit of any 

commercial or industrial facility that combusts any solid 

waste as that term is defined in 40 CFR Part 241. While 

not all CISWI units will include all of the following 

components, a CISWI unit includes, but is not limited to, 

the solid waste feed system, grate system, flue gas system, 

waste heat recovery equipment, if any, and bottom ash 

system. The CISWI unit does not include air pollution 

control equipment or the stack. The CISWI unit boundary 

starts at the solid waste hopper (if applicable) and 

extends through two areas: The combustion unit flue gas 

system, which ends immediately after the last combustion 

chamber or after the waste heat recovery equipment, if any; 

and the combustion unit bottom ash system, which ends at 

the truck loading station or similar equipment that

transfers the ash to final disposal. The CISWI unit

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New, No underline

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New

Deleted: ¶

¶
includes all ash handling systems connected to the bottom 

ash handling system. 

Contained gaseous material means gases that are in a 

container when that container is combusted. 

Cyclonic barrel burner means a combustion device for 

waste materials that is attached to a 55 gallon, open-head 

drum. The device consists of a lid, which fits onto and 

encloses the drum, and a blower that forces combustion air 

into the drum in a cyclonic manner to enhance the mixing of 

waste material and air. 

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 limitation, 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 octachlorinated 

dibenzo-p-dioxins and dibenzofurans. 

Discard means, for purposes of this subpart and 40 CFR 

part 60, subpart DDDD, only, burned in an incineration unit 

without energy recovery. 

Drum reclamation unit means a unit that burns residues 

out of drums (e.g., 55 gallon drums) so that the drums can 

be reused. 

Energy recovery means the process of recovering 

thermal energy from combustion for useful purposes such as 

steam generation or process heating. 

Energy recovery unit means a combustion unit 

combusting solid waste (as that term is defined by the 

Adminitrator under RCRA in 40 CFR 240) for energy recovery. 

Energy recovery units include units that would be 

Deleted: means any combustion 

unit that combusts 

commercial or industrial 

waste (as defined in this 

subpart), that is a distinct 

operating unit of any 

commercial or industrial 

facility (including field 

erected, modular, and custom 

built incineration units 

operating with starved or 

excess air), and any air 

curtain incinerator that is 

a distinct operating unit of 

any commercial or industrial 

facility that does not 

comply with the opacity 

limits under this subpart 

applicable to air curtain 

incinerators burning 

commercial or industrial 

waste. While not all CISWI 

units will include all of 

the following components, a 

CISWI unit includes, but is 

not limited to, the 

commercial or industrial 

solid waste feed system, 

grate system, flue gas 

system, waste heat recovery 

equipment, if any, and 

bottom ash system. The CISWI 

unit does not include air 

pollution control equipment 

or the stack. The CISWI unit 

boundary starts at the 

commercial or industrial 

waste hopper (if applicable) 

and extends through two 

areas: The combustion unit 

flue gas system, which ends 

immediately after the last 

combustion chamber or after 

the waste heat recovery 

equipment, if any; and the 

combustion unit bottom ash 

system, which ends at the 

truck loading station or 

similar equipment that 

transfers the ash to final 

disposal. The CISWI unit 

includes all ash handling 

systems connected to the 

bottom ash handling system. 

Deleted: ¶

¶

Deleted: ;

Deleted: ; or

Deleted: (3) Fails to meet 

any emission limitation, 

operating limit, or operator 

qualification and 

accessibility requirement in 

this subpart during startup, 

shutdown, or malfunction, 

regardless or whether or not 

such failure is permitted by 

this subpart.¶

... [7]
considered boilers and process heaters if they did not 

combust solid waste. 

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. 

Incinerator means any furnace used in the process of 

combusting solid waste (as the term is defined by the 

Administrator under RCRA in 40 CFR 240) for the purpose of 

reducing the volume of the waste by removing combustible 

matter. Incinerator designs include single chamber, twochamber and cyclonic burn barrels.

Kiln means an oven or furnace, including any 

associated preheater or precalciner devices, used for 

processing a substance by burning, firing, or drying. 

Kilns include cement kilns, that produce clinker by heating 

limestone and other materials for subsequent production of 

Portland cement and lime kilns, that produce quicklime by 

calcination of limestone. 

Low-level radioactive waste means waste material which 

contains radioactive nuclides emitting primarily beta or 

gamma radiation, or both, in concentrations or quantities 

that exceed applicable federal or state standards for 

unrestricted release. Low-level radioactive waste is not 

high-level radioactive waste, spent nuclear fuel, or byproduct material as defined by the Atomic Energy Act of 

1954 (42 U.S.C. 2014(e)(2)).

Minimum voltage or amperage means 90 percent of the 

lowest test-run average voltage or amperage to the 

electrostatic precipitator measured from the pressure drop 

and liquid flow rate monitors during the most recent 

particulate matter or mercury performance test 

demonstrating compliance with the applicable emission 

limits.

Modification or modified CISWI unit means a CISWI unit 

you have changed later than June 1, 2001, 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 CISWI unit (not including the 

cost of land) updated to current costs (current dollars). 

Formatted: Font: (Default) Courier

New

Formatted: Indent: First line: 0"

Deleted: 

Deleted: Malfunction means 

any sudden, infrequent, and 

not reasonably preventable 

failure of air pollution 

control 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.¶

Deleted: ¶
To determine what systems are within the boundary of the 

CISWI unit used to calculate these costs, see the 

definition of CISWI unit. 

(2) Any physical change in the CISWI 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.

Opacity means the degree to which emissions reduce the 

transmission of light and obscure the view of an object in 

the background.

Part reclamation unit means a unit that burns coatings 

off parts (e.g., tools, equipment) so that the parts can be 

reconditioned and reused. 

Particulate matter means total particulate matter 

emitted from CISWI units as measured by Method 5 or Method 

29 of appendix A of this part. 

Pathological waste means waste material consisting of 

only human or animal remains, anatomical parts, and/or 

tissue, the bags/containers used to collect and transport 

the waste material, and animal bedding (if applicable). 

Rack reclamation unit means a unit that burns the 

coatings off racks used to hold small items for application 

of a coating. The unit burns the coating overspray off the 

rack so the rack can be reused. 

Raw mill means a ball and tube mill, vertical roller 

mill or other size reduction equipment, that is not part of 

an in-line kiln/raw mill, used to grind feed to the

appropriate size. Moisture may be added or removed from the 

feed during the grinding operation. If the raw mill is used 

to remove moisture from feed materials, it is also, by 

definition, a raw material dryer. The raw mill also

includes the air separator associated with the raw mill.

Reconstruction means rebuilding a CISWI unit and 

meeting two criteria: 

(1) The reconstruction begins on or after June 1, 

2001. 
(2) The cumulative cost of the construction over the 

life of the incineration unit exceeds 50 percent of the 

original cost of building and installing the CISWI unit 

(not including land) updated to current costs (current 

dollars). To determine what systems are within the boundary 

of the CISWI unit used to calculate these costs, see the 

definition of CISWI unit. 

Refuse-derived fuel means a type of municipal solid 

waste produced by processing municipal solid waste through 

shredding and size classification. This includes all 

classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through 

densified refuse-derived fuel. 

(2) Pelletized refuse-derived fuel. 

Small, remote incinerator means an incinerator that 

combusts solid waste (as that term is defined by the 

Administrator under RCRA) in 40 CFR 240 and has the

capacity to combust 1 ton per day or less solid waste and 

is more than 50 miles driving distance to the nearest 

municipal solid waste landfill.

Shutdown means the period of time after all waste has 

been combusted in the primary chamber.

Solid waste incineration unit means a distinct 

operating unit of any facility which combusts any solid 

waste material from commercial or industrial establishments 

or the general public (including single and multiple 

residences, hotels and motels). Such term does not include 

incinerators or other units required to have a permit under 

section 3005 of the Solid Waste Disposal Act. The term 

"solid waste incineration unit" does not include (A) 

materials recovery facilities (including primary or

secondary smelters) which combust waste for the primary 

purpose of recovering metals, (B) qualifying small power 

production facilities, as defined in section 3(17)(C) of 

the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying 

cogeneration facilities, as defined in section 3(18)(B) of 

the Federal Power Act (16 U.S.C. 796(18)(B)), which burn 

homogeneous waste (such as units which burn tires or used 

oil, but not including refuse-derived fuel) for the

production of electric energy or in the case of qualifying 

cogeneration facilities which burn homogeneous waste for 

Formatted: No underline

Deleted: Solid waste means 

any garbage, refuse, 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).¶
the production of electric energy and steam or forms of 

useful energy (such as heat) which are used for industrial, 

commercial, heating or cooling purposes, or (C) air curtain 

incinerators provided that such incinerators only burn wood 

wastes, yard wastes and clean lumber and that such air 

curtain incinerators comply with opacity limitations to be 

established by the Administrator by rule.

Standard conditions, when referring to units of 

measure, means a temperature of 68 °F (20 °C) and a

pressure of 1 atmosphere (101.3 kilopascals). 

Startup period means the period of time between the 

activation of the system and the first charge to the unit. 

Waste-burning kiln means a kiln that is heated, in 

whole or in part, by combusting solid waste (as the term is 

defined by the Administrator under RCRA in 40 CFR 240).

Wet scrubber means an add-on air pollution control 

device that utilizes an aqueous or alkaline scrubbing 

liquor to collect particulate matter (including nonvaporous 

metals and condensed organics) and/or to absorb and

neutralize acid gases. 

Wood waste means untreated wood and untreated wood 

products, including tree stumps (whole or chipped), trees, 

tree limbs (whole or chipped), bark, sawdust, chips, 

scraps, slabs, millings, and shavings. Wood waste does not 

include: 

(1) Grass, grass clippings, bushes, shrubs, and 

clippings from bushes and shrubs from residential, 

commercial/retail, institutional, or industrial sources as 

part of maintaining yards or other private or public lands. 

(2) Construction, renovation, or demolition wastes. 

(3) Clean lumber. 

Table 1 to Subpart DDDD of Part 60—Model Rule—

Increments of Progress and Compliance Schedules 

Comply with these increments 

of progress By these datesa

Increment 1—Submit final 

control plan 

(Dates to be specified in 

state plan) 

Formatted: Space Before: 0 pt,

After: 0 pt
Increment 2—Final compliance (Dates to be specified in 

state plan)b

aSite-specific schedules can be used at the discretion of 

the state. 

bThe date can be no later than 3 years after the effective 

date of state plan approval or December 1, 2005, for CISWI 

units that commenced construction on or before November 30, 

1999. The date can be no later than 3 years after the 

effective date of approval of a revised state plan or [THE 

DATE 5 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER] for CISWI units that commenced 

construction on or before [INSERT THE DATE OF PUBLICATION 

IN THE FEDERAL REGISTER]. 

 

Table 2 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply Before. [Date to be specified in 

state plan]b. 

For the air 

pollutant 

You must meet 

this emission 

limitationa

Using this 

averaging 

time 

And determining 

compliance using 

this method 

Cadmium 0.004 

milligrams 

per dry 

standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 29 of 

appendix A of 

this part) 

Carbon monoxide 157 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 10, 10A, 

or 10B, of 

appendix A of 

this part) 

Dioxins/furans 

(toxic 

equivalency 

basis) 

0.41 

nanograms per 

dry standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 23 of 

appendix A of 

this part) 

Hydrogen 

chloride 

62 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 26A of 

appendix A of 

this part) 

Lead 0.04 3-run Performance test 

Deleted: .
milligrams 

per dry 

standard 

cubic meter 

average (1 

hour minimum 

sample time 

per run) 

(Method 29 of 

appendix A of 

this part) 

Mercury 0.47 

milligrams 

per dry 

standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 29 of 

appendix A of 

this part) 

Opacity 10 percent 6-minute 

averages 

Performance test 

(Method 9 of 

appendix A of 

this part) 

Oxides of 

nitrogen 

388 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Methods 7, 7A, 

7C, 7D, or 7E of 

appendix A of 

this part) 

Particulate 

matter 

70 milligrams 

per dry 

standard 

cubic meter 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 5 or 29 

of appendix A of 

this part) 

Sulfur dioxide 20 parts per 

million by 

dry volume 

3-run 

average (1 

hour minimum 

sample time 

per run) 

Performance test 

(Method 6 or 6c 

of appendix A of 

this part) 

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

bThe date specified in the state plan can be no later than 

3 years after the effective date of approval of a revised 

state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER].

Table 3 to Subpart DDDD of Part 60—Model Rule—

Operating Limits for Wet Scrubbers 

For these 

operating 

You must 

establish 

And monitor using these minimum 

frequencies 
parameters these 

operating 

limits 

Data 

measurement

Data 

recording Averaging time

Charge rate Maximum 

charge 

rate 

Continuous Every 

hour 

Daily (batch 

units). 3-hour 

rolling 

(continuous and 

intermittent 

units)a

Pressure 

drop across 

the wet 

scrubber or 

amperage to 

wet scrubber

Minimum 

pressure 

drop or 

amperage 

Continuous Every 15 

minutes 

3-hour rollinga

Scrubber 

liquor flow 

rate 

Minimum 

flow rate 

Continuous Every 15 

minutes 

3-hour rollinga

Scrubber 

liquor pH 

Minimum pH Continuous Every 15 

minutes 

3-hour rollinga

aCalculated each hour as the average of the previous 3 

operating hours. 

Table 4 to Subpart DDDD of Part 60—Model Rule—Toxic

Equivalency Factors 

Dioxin/furan congener 

Toxic equivalency 

factor 

2,3,7,8-tetrachlorinated dibenzo-pdioxin 1

1,2,3,7,8-pentachlorinated dibenzo-pdioxin 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-pdioxin 0.1

1,2,3,7,8,9-hexachlorinated dibenzo-pdioxin 0.1

1,2,3,6,7,8-hexachlorinated dibenzo-pdioxin 0.1

1,2,3,4,6,7,8-heptachlorinated 0.01
dibenzo-p-dioxin 

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated 

dibenzofuran 

0.5

1,2,3,7,8-pentachlorinated 

dibenzofuran 

0.05

1,2,3,4,7,8-hexachlorinated 

dibenzofuran 

0.1

1,2,3,6,7,8-hexachlorinated 

dibenzofuran 

0.1

1,2,3,7,8,9-hexachlorinated 

dibenzofuran 

0.1

2,3,4,6,7,8-hexachlorinated 

dibenzofuran 

0.1

1,2,3,4,6,7,8-heptachlorinated 

dibenzofuran 

0.01

1,2,3,4,7,8,9-heptachlorinated 

dibenzofuran 

0.01

octachlorinated dibenzofuran 0.001

Table 5 to Subpart DDDD of Part 60—Model Rule—Summary 

of Reporting Requirementsa 

Report Due date Contents Reference 

Waste 

Management 

Plan 

No later than 

the date 

specified in 

table 1 for 

submittal of 

the final 

control plan 

• Waste 

management plan 

§60.2755. 

Initial Test 

Report 

No later than 

60 days 

following the 

initial 

performance 

• Complete test 

report for the 

initial 

performance test

• The values for 

§60.2760. 

Deleted: ¶
test the sitespecific 

operating limits

• Installation 

of bag leak 

detection 

systems for 

fabric filters 

Annual Report No later than 

12 months 

following the 

submission of 

the initial 

test report. 

Subsequent 

reports are to 

be submitted 

no more than 

12 months 

following the 

previous 

report 

• Name and 

address 

• Statement and 

signature by 

responsible 

official 

• Date of report

• Values for the 

operating limits

• Highest 

recorded 3-hour 

average and the 

lowest 3-hour 

average, as 

applicable, for 

each operating 

parameter 

recorded for the 

calendar year 

being reported 

• If a 

performance test 

was conducted 

during the 

reporting 

period, the 

results of the 

test 

• If a 

performance test 

was not 

conducted during 

the reporting 

period, a 

statement that 

the requirements 

§§60.2765 and 

60.2770. 

Deleted: • If no deviations 

or malfunctions were 

reported, a statement that 

no deviations occurred 

during the reporting period

Deleted: • Information for 

deviations or malfunctions 

recorded under 

§60.2740(b)(6) and (c) 

through (e)
of §60.2720(a) 

or (b) were met

• Documentation 

of periods when 

all qualified 

CISWI unit 

operators were 

unavailable for 

more than 8 

hours but less 

than 2 weeks

Emission 

Limitation or 

Operating 

Limit 

Deviation 

Report 

By August 1 of 

that year for 

data collected 

during the 

first half of 

the calendar 

year. By 

February 1 of 

the following 

year for data 

collected 

during the 

second half of 

the calendar 

year 

• Dates and 

times of 

deviation 

• Averaged and 

recorded data 

for those dates

• Duration and 

causes of each 

deviation and 

the corrective 

actions taken 

• Copy of 

operating limit 

monitoring data 

and any test 

reports 

• Dates, times, 

and causes for 

monitor downtime 

incidents

§§60.2775 and 

60.2780. 

Qualified 

Operator 

Deviation 

Notification 

Within 10 days 

of deviation 

• Statement of 

cause of 

deviation 

• Description of 

efforts to have 

an accessible 

qualified 

operator 

• The date a 

qualified 

operator will be 

accessible 

§60.2785(a)(1).

Deleted: 2155

Deleted: for

Deleted: • Whether each 

deviation occurred during a 

period of startup, shutdown, 

or malfunction¶
Qualified 

Operator 

Deviation 

Status Report

Every 4 weeks 

following 

deviation 

• Description of 

efforts to have 

an accessible 

qualified 

operator 

• The date a 

qualified 

operator will be 

accessible 

• Request for 

approval to 

continue 

operation 

§60.2785(a)(2).

Qualified 

Operator 

Deviation 

Notification 

of Resumed 

Operation 

Prior to 

resuming 

operation 

• Notification 

that you are 

resuming 

operation 

§60.2785(b) 

aThis table is only a summary, see the referenced sections 

of the rule for the complete requirements. 

Table 6 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Incinerators On and After [Date 

to be specified in state plan]a

For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.0013 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic

meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Carbon 

monoxide

2.2 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 10 of 

appendix A-4 of 

this part). Use a 

maximum allowable 

drift of 0.2 ppm 

and a span gas 

Formatted: Space Before: 0 pt,

After: 0 pt

Formatted: Space Before: 0 pt,

After: 0 pt

Deleted: 

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

with a CO 

concentration of 

10 ppm or less. 

The span gas must 

contain 

approximately the 

same concentration 

of CO2 expected 

from the source.

Dioxins/furans 

(total mass 

basis)

0.031 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic

meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.0025 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic

meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

29 parts per 

million dry 

volume

3-run 

average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Lead 0.0026 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic

meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Deleted: 

Deleted: 

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

Mercury 0.0028 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meter)

Performance test 

(Method 29 or 30B 

of appendix A-8 of 

this part).

Opacity 1 percent Three 1-hour 

blocks 

consisting 

of ten 6-

minute 

average 

opacity

values 

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Oxides of 

nitrogen

34 parts per 

million dry 

volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

filterable

13 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meter)

Performance test 

(Method 5 or 29 of 

appendix A-3 or 

appendix A-8 of 

this part). 

Sulfur dioxide 2.5 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

maximum allowable 

drift of 0.2 ppm 

and a span gas 

with concentration 

of 5 ppm or less.

Fugitive ash Visible 

emissions 

for no more 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 of 

appendix A-7 of 

Deleted: s

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationb

Using this 

averaging 

time

And determining 

compliance using 

this method

than 5 

percent of 

the hourly 

observation 

period 

this part).

aThe date specified in the state plan can be no later than 

3 years after the effective date of approval of a revised 

state plan or [THE DATE 5 YEARS AFTER PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER].

bAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 7 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply To Energy Recovery Units After [DATE 

OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]

For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.00041

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic 

meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Carbon 

monoxide

150 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 10 of 

appendix A-4 of 

this part). 

Dioxins/furans 

(total mass 

basis)

0.75 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

Performance test 

(Method 23 of

appendix A-7 of 

this part).

Deleted: ¶

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

cubic meter)

Dioxins/furans 

(toxic 

equivalency 

basis)

0.059 

nanograms 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meter)

Performance test 

(Method 23 of

appendix A-7 of 

this part).

Hydrogen 

chloride

1.5 parts 

per million 

dry volume

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

cubic

meters) 

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Lead 0.002 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic

meters) 

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical finish.

Mercury 0.00096 

milligrams 

per dry 

standard 

cubic meter

3-run 

average

(collect a 

minimum 

volume of 2 

dry standard 

cubic

meters) 

Performance test 

(Method 29 of 

appendix A of this 

part).

Opacity 1 percent 6-minute 

averages;

1-hour block 

average for 

units that 

operate dry 

control 

Continuous opacity 

monitoring 

(performance 

specification 1 of 

appendix B of this 

part), unless 

equipped with a 

Deleted: 

Deleted: 

Deleted: 

Deleted: 

Deleted: 
For the air 

pollutant

You must 

meet this 

emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

systems wet scrubber.

Oxides of 

nitrogen

130 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

filterable

9.2 

milligrams 

per dry 

standard 

cubic meter

3-run 

average 

(collect a 

minimum 

volume of 1

dry standard 

cubic meter)

Performance test 

(Method 5 or 29 of 

appendix A-3 or 

appendix A-8 of 

this part) if the 

unit has a design 

capacity less than 

or equal to 250 

MMBtu/hr; or PM 

CEMS (performance 

specification 11 

of appendix B of 

this part) if the 

unit has a design 

capacity greater 

than 250 MMBtu/hr.

Sulfur dioxide 4.1 parts 

per million 

dry volume

3-run 

average (1 

hour minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c of 

appendix A-4 of 

this part. Use a 

span gas with a 

concentration of 

20 ppm or less.

Fugitive ash Visible 

emissions 

for no more 

than 5 

percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 of 

appendix A-7 of 

this part).

Deleted: 
aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 8 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Waste-burning Kilns After [DATE 

OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.0003 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 2 

dry standard 

cubic meters)

Performance test 

(Method 29 of 

appendix A-8 of 

this part).

Carbon 

monoxide

710 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 10 of 

appendix A-4 of 

this part).

Dioxins/furans 

(total mass 

basis)

2.1 nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meters)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

0.17 

nanograms per 

dry standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Hydrogen 

chloride

1.5 parts per 

million dry 

volume

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Lead 0.0027 

milligrams 

per dry 

standard 

3-run average 

(collect a 

minimum 

volume of 2

Performance test 

(Method 29 of 

appendix A-8 of 

this part).

Deleted: ¶
For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

cubic meter dry standard 

cubic meters)

Mercury 0.024 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meters)

Mercury CEMS 

(performance 

specification 12A 

of appendix B of 

this part or 

mercury sorbent 

trap method 

specified in 

appendix K of 

part 75).

Opacity 4 percent Three 1-hour 

blocks 

consisting of 

ten 6-minute 

average 

opacity 

values 

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Oxides of 

nitrogen

1100 parts 

per million 

dry volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

filterable

60 milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 5 or 29 

of appendix A-3 

of this part).

Sulfur dioxide 410 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c 

of appendix A-4 

of this part.

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 

of appendix A-7

of this part).

Deleted: ¶

Deleted: 
For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

the hourly 

observation 

period 

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 9 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Burn-off Ovens After [DATE OF 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Cadmium 0.0045 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical 

finish.

Carbon monoxide80 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 10, 10A, 

or 10B of 

appendix A-4 of 

this part).

Dioxins/furans 

(total mass 

basis)

310 nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Dioxins/furans 

(toxic 

equivalency 

basis)

25 nanograms 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

Performance test 

(Method 23 of 

appendix A-7 of 

this part).

Formatted: Indent: First line: 0"
For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

cubic meter)

Hydrogen 

chloride

130 parts per 

million dry 

volume

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 26A of 

appendix A-8 of 

this part).

Lead 0.041 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 29 of 

appendix A-8 of 

this part). Use 

ICPMS for the 

analytical 

finish.

Mercury 0.014 

milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 29 of 

appendix A-8 of 

this part.

Opacity 2 percent Three 1-hour 

blocks 

consisting of 

ten 6-minute 

average 

opacity 

values

Performance test 

(Method 9 of 

appendix A-4 of 

this part).

Oxides of 

nitrogen

120 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 7E of 

appendix A-4 of 

this part).

Particulate 

matter

filterable

33 milligrams 

per dry 

standard 

cubic meter

3-run average 

(collect a 

minimum 

volume of 1 

dry standard 

cubic meter)

Performance test 

(Method 5 or 29 

of appendix A-3 

or appendix A-8

of this part).
For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging 

time

And determining 

compliance using 

this method

Sulfur dioxide 11 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum 

sample time 

per run)

Performance test 

(Method 6 or 6c 

of appendix A-4

of this part. Use 

a span gas with a 

concentration of 

50 ppm or less.

Fugitive ash Visible 

emissions for 

no more than 

5 percent of 

the hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible emission 

test (Method 22 

of appendix A-7

of this part).

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.

Table 10 to Subpart DDDD of Part 60—Model Rule—Emission 

Limitations That Apply to Small, Remote Incinerators After 

[DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER]

For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging time

And 

determining 

compliance 

using this 

method

Cadmium 0.26 

milligrams per 

dry standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 

29 of appendix 

A-8 of this 

part).

Carbon monoxide 78 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum sample 

time per run)

Performance 

test (Method 

10 of appendix 

A-4 of this 

part).

Dioxins/furans 1600 nanograms 3-run average Performance 
For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging time

And 

determining 

compliance 

using this 

method

(total mass 

basis)

per dry 

standard cubic 

meter

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

test (Method 

23 of appendix 

A-7 of this 

part).

Dioxins/furans 

(toxic 

equivalency 

basis)

130 nanograms 

per dry 

standard cubic 

meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 

23 of appendix 

A-7 of this 

part).

Hydrogen 

chloride

150 parts per 

million dry 

volume

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 

26A of 

appendix A-8

of this part).

Lead 1.4 milligrams 

per dry 

standard cubic 

meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 

29 of appendix 

A-8 of this 

part).

Mercury 0.0029 

milligrams per 

dry standard 

cubic meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 

29 of appendix 

A-8 of this 

part).

Opacity 13 percent Three 1-hour 

blocks 

consisting of 

ten 6-minute 

average 

opacity values

Performance 

test (Method 9 

of appendix A4 of this 

part).

Oxides of 

nitrogen

210 parts per 

million dry 

3-run average 

(1 hour 

Performance 

test (Method 
For the air 

pollutant

You must meet 

this emission

limitationa

Using this 

averaging time

And 

determining 

compliance 

using this 

method

volume minimum sample 

time per run)

7E of appendix 

A-4 of this 

part).

Particulate 

matter

filterable

240 milligrams 

per dry 

standard cubic 

meter

3-run average 

(collect a 

minimum volume 

of 1 dry 

standard cubic 

meter)

Performance 

test (Method 5 

or 29 of 

appendix A-3 

or appendix A8 of this 

part).

Sulfur dioxide 44 parts per 

million dry 

volume

3-run average 

(1 hour 

minimum sample 

time per run)

Performance 

test (Method 6 

or 6c of 

appendix A-4

of this part.

Fugitive ash Visible 

emissions for 

no more than 5 

percent of the 

hourly 

observation 

period 

Three 1-hour 

observation 

periods

Visible 

emission test 

(Method 22 of 

appendix A-7 

of this part).

aAll emission limitations (except for opacity) are measured 

at 7 percent oxygen, dry basis at standard conditions.
Page 4: [1] Deleted Author 

Chemical recovery units. Combustion units burning 

materials to recover chemical constituents or to produce 

chemical compounds where there is an existing commercial 

market for such recovered chemical constituents or 

compounds. The seven types of units described in paragraphs 

(n)(1) through (7) of this section are considered chemical 

recovery units. 

(1) Units burning only pulping liquors ( i.e., black 

liquor) that are reclaimed in a pulping liquor recovery 

process and reused in the pulping process. 

(2) Units burning only spent sulfuric acid used to 

produce virgin sulfuric acid. 

(3) Units burning only wood or coal feedstock for the 

production of charcoal. 

(4) Units burning only manufacturing byproduct 

streams/residues containing catalyst metals which are 

reclaimed and reused as catalysts or used to produce 

commercial grade catalysts. 

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production 

of other chemical compounds. 

(6) Units burning only hydrocarbon liquids or solids 

to produce hydrogen, carbon monoxide, synthesis gas, or 

other gases for use in other manufacturing processes. 

(7) Units burning only photographic film to recover 

silver. 

(o) Laboratory Analysis Units. Units that burn samples 

of materials for the purpose of chemical or physical 

analysis. 

Page 4: [2] Deleted Author 

What if my chemical recovery unit is not listed in 

§60.2020(n)? 
(a) If your chemical recovery unit is not listed in 

§60.2020(n), you can petition the Administrator to add your 

unit to the list. The petition must contain the six items 

in paragraphs (a)(1) through (6) of this section. 

(1) A description of the source of the materials being 

burned. 

(2) A description of the composition of the materials being 

burned, highlighting the chemical constituents in these 

materials that are recovered. 

(3) A description (including a process flow diagram) of the 

process in which the materials are burned, highlighting the 

type, design, and operation of the equipment used in this 

process. 

(4) A description (including a process flow diagram) of the 

chemical constituent recovery process, highlighting the 

type, design, and operation of the equipment used in this 

process. 

(5) A description of the commercial markets for the 

recovered chemical constituents and their use. 

(6) The composition of the recovered chemical constituents 

and the composition of these chemical constituents as they 

are bought and sold in commercial markets. 

(b) Until the Administrator approves your petition, the 

incineration unit is covered by this subpart. 

(c) If a petition is approved, the Administrator will amend 

§60.2020(n) to add the unit to the list of chemical 

recovery units. 

Page 57: [3] Deleted Author 

 

 means any combustion unit that combusts commercial or 

industrial waste (as defined in this subpart), that is a 

distinct operating unit of any commercial or industrial 

facility (including field erected, modular, and custom 

built incineration units operating with starved or excess 

air), and any air curtain incinerator that is a distinct 

operating unit of any commercial or industrial facility 

that does not comply with the opacity limits under this 
subpart applicable to air curtain incinerators burning 

commercial or industrial waste. While not all CISWI units 

will include all of the following components, a CISWI unit 

includes, but is not limited to, the commercial or 

industrial solid waste feed system, grate system, flue gas 

system, waste heat recovery equipment, if any, and bottom 

ash system. The CISWI unit does not include air pollution 

control equipment or the stack. The CISWI unit boundary 

starts at the commercial or industrial waste hopper (if 

applicable) and extends through two areas: The combustion 

unit flue gas system, which ends immediately after the last 

combustion chamber or after the waste heat recovery 

equipment, if any; and the combustion unit bottom ash 

system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. The 

CISWI unit includes all ash handling systems connected to 

the bottom ash handling system. A CISWI unit does not 

include any of the fifteen types of units described in 

§60.2555 of this subpart, nor does it include any 

combustion turbine or reciprocating internal combustion 

engine. 

Commercial or industrial waste means solid waste (as 

defined in this subpart) that is combusted at any 

commercial or industrial facility using controlled flame 

combustion in an enclosed, distinct operating unit: Whose 

design does not provide for energy recovery (as defined in 

this subpart); or operated without energy recovery (as 

defined in this subpart). Commercial or industrial waste 

also means solid waste (as defined in this subpart) 

combusted in an air curtain incinerator that is a distinct 

operating unit of any commercial or industrial facility. 

Page 90: [4] Deleted Author 

(2) Burn greater than 30 percent municipal solid waste 

or refuse-derived fuel, as defined in subpart Ea, subpart 

Eb, subpart AAAA, and subpart BBBB of this part, and that 

have the capacity to burn less than 35 tons (32 megagrams) 

per day of municipal solid waste or refuse-derived fuel, if 

you meet the two requirements in paragraphs (c)(2)(i) and 

(ii) of this section. 

(i) Notify the Administrator that the unit meets these 

criteria. 

(ii) Keep records on a calendar quarter basis of the 

weight of municipal solid waste burned, and the weight of 

all other fuels and wastes burned in the unit. 
Page 92: [5] Deleted Author 

Chemical recovery units. Combustion units burning 

materials to recover chemical constituents or to produce 

chemical compounds where there is an existing commercial 

market for such recovered chemical constituents or 

compounds. The seven types of units described in paragraphs 

(n)(1) through (7) of this section are considered chemical 

recovery units. 

(1) Units burning only pulping liquors ( i.e., black 

liquor) that are reclaimed in a pulping liquor recovery 

process and reused in the pulping process. 

(2) Units burning only spent sulfuric acid used to 

produce virgin sulfuric acid. 

(3) Units burning only wood or coal feedstock for the 

production of charcoal. 

(4) Units burning only manufacturing byproduct 

streams/residues containing catalyst metals which are 

reclaimed and reused as catalysts or used to produce 

commercial grade catalysts. 

(5) Units burning only coke to produce purified carbon 

monoxide that is used as an intermediate in the production 

of other chemical compounds. 

(6) Units burning only hydrocarbon liquids or solids 

to produce hydrogen, carbon monoxide, synthesis gas, or 

other gases for use in other manufacturing processes. 

(7) Units burning only photographic film to recover 

silver. 

(o) Laboratory Analysis Units. Units that burn samples 

of materials for the purpose of chemical or physical 

analysis. 

Page 92: [6] Deleted Author 

What if a chemical recovery unit is not listed in 

§60.2555(n)? 
(a) If a chemical recovery unit is not listed in 

§60.2555(n), the owner or operator of the unit can petition 

the Administrator to add the unit to the list. The petition 

must contain the six items in paragraphs (a)(1) through (6) 

of this section. 

(1) A description of the source of the materials being 

burned. 

(2) A description of the composition of the materials being 

burned, highlighting the chemical constituents in these 

materials that are recovered. 

(3) A description (including a process flow diagram) of the 

process in which the materials are burned, highlighting the 

type, design, and operation of the equipment used in this 

process. 

(4) A description (including a process flow diagram) of the 

chemical constituent recovery process, highlighting the 

type, design, and operation of the equipment used in this 

process. 

(5) A description of the commercial markets for the 

recovered chemical constituents and their use. 

(6) The composition of the recovered chemical constituents 

and the composition of these chemical constituents as they 

are bought and sold in commercial markets. 

(b) Until the Administrator approves your petition, the 

incineration unit is covered by this subpart. 

(c) If a petition is approved, the Administrator will amend §60.2555(n) 

to add the unit to the list of chemical recovery units. 

Page 147: [7] Deleted Author 

means any combustion unit that combusts commercial or 

industrial waste (as defined in this subpart), that is a 

distinct operating unit of any commercial or industrial 

facility (including field erected, modular, and custom 

built incineration units operating with starved or excess 

air), and any air curtain incinerator that is a distinct 

operating unit of any commercial or industrial facility 

that does not comply with the opacity limits under this 

subpart applicable to air curtain incinerators burning 

commercial or industrial waste. While not all CISWI units 
will include all of the following components, a CISWI unit 

includes, but is not limited to, the commercial or 

industrial solid waste feed system, grate system, flue gas 

system, waste heat recovery equipment, if any, and bottom 

ash system. The CISWI unit does not include air pollution 

control equipment or the stack. The CISWI unit boundary 

starts at the commercial or industrial waste hopper (if 

applicable) and extends through two areas: The combustion 

unit flue gas system, which ends immediately after the last 

combustion chamber or after the waste heat recovery 

equipment, if any; and the combustion unit bottom ash 

system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. The 

CISWI unit includes all ash handling systems connected to 

the bottom ash handling system. A CISWI unit does not 

include any of the fifteen types of units described in 

§60.2555 of this subpart, nor does it include any 

combustion turbine or reciprocating internal combustion 

engine. 

Commercial or industrial waste means solid waste (as 

defined in this subpart) that is combusted at any 

commercial or industrial facility using controlled flame 

combustion in an enclosed, distinct operating unit: Whose 

design does not provide for energy recovery (as defined in 

this subpart); or operated without energy recovery (as 

defined in this subpart). Commercial or industrial waste 

also means solid waste (as defined in this subpart) 

combusted in an air curtain incinerator that is a distinct 

operating unit of any commercial or industrial facility.