28068 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2003–0119; FRL–9978–12– 

OAR] 

RIN 2060–AT84 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: 

Commercial and Industrial Solid Waste 

Incineration Units; Technical 

Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 23, 2016, the 

Environmental Protection Agency (EPA) 

promulgated its final response to 

petitions for reconsideration of the final 

new source performance standards 

(NSPS) and emission guidelines (EG) for 

commercial and industrial solid waste 

incineration (CISWI) units that were 

promulgated on March 21, 2011, and 

revised after reconsideration on 

February 7, 2013. Following 

promulgation of the June 2016 final 

action, the EPA received requests from 

industry stakeholders and implementing 

agencies to clarify various issues with 

implementation of the standards. In 

addition, the EPA identified certain 

testing and monitoring issues and 

inconsistencies within the rules that 

required further clarification or 

correction. To address these issues, the 

EPA is proposing amendments to 

several provisions of the 2016 CISWI 

NSPS and EG. In addition, the EPA 

identified regulatory provisions that 

require clarification and editorial 

correction to address inconsistencies 

and errors in the final rules. If finalized, 

the proposed amendments will provide 

clarity and address implementation 

issues in the final CISWI NSPS and EG. 

The proposed revisions will not have 

any environmental, energy, or economic 

impacts, if finalized. 

DATES:

Comments. Comments must be 

received on or before July 30, 2018. 

Public Hearing. If a public hearing is 

requested by June 20, 2018, then we will 

hold a public hearing on July 2, 2018 at 

the location described in the ADDRESSES

section. The last day to pre-register in 

advance to speak at the public hearing 

will be June 28, 2018. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2003–0119, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

Regulations.gov is our preferred method 

of receiving comments. However, other 

submission formats are accepted. To 

ship or send mail via the United States 

Postal Service, use the following 

address: U.S. Environmental Protection 

Agency, EPA Docket Center, Docket ID 

No. EPA–HQ–OAR–2003–0119, Mail 

Code 28221T, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460. 

Use the following Docket Center address 

if you are using express mail, 

commercial delivery, hand delivery, or 

courier: EPA Docket Center, EPA WJC 

West Building, Room 3334, 1301 

Constitution Avenue NW, Washington, 

DC 20004. Delivery verification 

signatures will be available only during 

regular business hours. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

See section I.B of this preamble for 

instructions on submitting CBI. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the Web, 

Cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Public Hearing. If a public hearing is 

requested, it will be held at EPA 

Headquarters, EPA WJC East Building, 

1201 Constitution Avenue NW, 

Washington, DC 20004. If a public 

hearing is requested, then we will 

provide details about the public hearing 

on our website at: https://www.epa.gov/ 

stationary-sources-air-pollution/ 

commercial-and-industrial-solid-wasteincineration-units-ciswi-new. The EPA 

does not intend to publish another 

document in the Federal Register 

announcing any updates on the request 

for a public hearing. Please contact Ms. 

Aimee St. Clair at (919) 541–1063 or by 

email at StClair.Aimee@epa.gov to 

request a public hearing, to register to 

speak at the public hearing, or to inquire 

as to whether a public hearing will be 

held. 

The EPA will make every effort to 

accommodate all speakers who arrive 

and register. If a hearing is held at a U.S. 

government facility, individuals 

planning to attend should be prepared 

to show a current, valid state- or federalapproved picture identification to the 

security staff in order to gain access to 

the meeting room. An expired form of 

identification will not be permitted. 

Please note that the Real ID Act, passed 

by Congress in 2005, established new 

requirements for entering federal 

facilities. If your driver’s license is 

issued by a noncompliant state, you 

must present an additional form of 

identification to enter a federal facility. 

Acceptable alternative forms of 

identification include: Federal 

employee badge, passports, enhanced 

driver’s licenses, and military 

identification cards. Additional 

information on the Real ID Act is 

available at https://www.dhs.gov/realid-frequently-asked-questions. In 

addition, you will need to obtain a 

property pass for any personal 

belongings you bring with you. Upon 

leaving the building, you will be 

required to return this property pass to 

the security desk. No large signs will be 

allowed in the building, cameras may 

only be used outside of the building, 

and demonstrations will not be allowed 

on federal property for security reasons. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Nabanita Modak Fischer, Fuels and 

Incineration Group, Sector Policies and 

Programs Division (E143–05), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

5572; fax number: (919) 541–0516; 

email address: modak.nabanita@

epa.gov. 

In addition to being available in the 

docket, an electronic copy of this action 

is available on the internet. Following 

signature by the Administrator, the EPA 

will post a copy of this proposed action 

at https://www.epa.gov/stationarysources-air-pollution/commercial-andindustrial-solid-waste-incinerationunits-ciswi-new. Following publication 

in the Federal Register, the EPA will 

post the Federal Register version of the 

proposal and key technical documents 

at the same website. 

SUPPLEMENTARY INFORMATION: 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2003–0119. All 

documents in the docket are listed in 

the Regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 


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publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in 

Regulations.gov or in hard copy at the 

EPA Docket Center, Room 3334, EPA 

WJC West Building, 1301 Constitution 

Avenue NW, Washington, DC. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for EPA Docket 

Center is (202) 566–1742. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0119. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be CBI or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. See 

section I.B of this preamble for 

instructions on submitting CBI. The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit EPA 

Docket Center homepage at http://

www.epa.gov/dockets. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

ACI Air Curtain Incinerator 

CAA Clean Air Act 

CBI Confidential Business Information 

CEDRI Compliance and Emissions Data 

Reporting Interface 

CEMS Continuous Emissions Monitoring 

System 

CFR Code of Federal Regulations 

CISWI Commercial and Industrial Solid 

Waste Incineration 

CO Carbon Monoxide 

COMS Continuous Opacity Monitoring 

System 

CPMS Continuous Parameter Monitoring 

System 

dscm Dry Standard Cubic Meter 

EG Emission Guidelines 

EPA U.S. Environmental Protection Agency 

ESP Electrostatic Precipitator 

HCl Hydrogen Chloride 

Hg Mercury 

mg/dscm Milligrams per Dry Standard 

Cubic Meter 

mmBtu/hr Million British Thermal Units 

per Hour 

NAICS North American Industry 

Classification System 

NESHAP National Emission Standards for 

Hazardous Air Pollutants 

NHSM Non-Hazardous Secondary 

Material(s) 

NSPS New Source Performance Standards 

NTTAA National Technology Transfer and 

Advancement Act 

OAQPS Office of Air Quality Planning and 

Standards 

OMB Office of Management and Budget 

PC Portland Cement 

PM Particulate Matter 

ppmv Parts Per Million by Volume 

ppmvd Parts Per Million by Dry Volume 

RIN Regulatory Information Number 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

Organization of this Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for the EPA? 

C. What action is the Agency taking? 

D. What is the Agency’s authority for 

taking this action? 

E. What are the incremental costs and 

benefits of this action? 

II. Background 

A. Background Information 

B. Actions We Are Taking 

C. Discussion of Proposed Technical 

Amendments 

D. Typographical Errors and Corrections 

E. Environmental, Energy, and Economic 

Impacts 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

C. Paperwork Reduction Act (PRA) 

D. Regulatory Flexibility Act (RFA) 

E. Unfunded Mandates Reform Act 

(UMRA) 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

affected by the proposed action are 

those that operate CISWI units. The 

NSPS and EG, herein after referred to as 

‘‘standards,’’ for CISWI affect the 

following categories of sources: 

Category NAICS1 code Examples of potentially regulated entities 

Any industrial or commercial facility using a 

solid waste incinerator.

211, 212, 486 ........ Oil and gas exploration operations; Mining, pipeline operators. 

221 ......................... Utility providers. 

321, 322, 337 ........ Manufacturers of wood products; Manufacturers of pulp, paper and paperboard; Manufacturers 

of furniture and related products. 

325, 326 ................. Manufacturers of chemicals and allied products; Manufacturers of plastics and rubber products. 

327 ......................... Manufacturers of cement; Nonmetallic mineral product manufacturing. 

333, 336 ................. Manufacturers of machinery; Manufacturers of transportation equipment. 

423, 44 ................... Merchant wholesalers, durable goods; Retail trade. 

1 North American Industry Classification System. 


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This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by the proposed action. To 

determine whether your facility will be 

affected by the proposed action, you 

should examine the applicability 

criteria in 40 Code of Federal 

Regulations (CFR) 60.2010 of subpart 

CCCC, 40 CFR 60.2505 of subpart 

DDDD, and 40 CFR 241. If you have any 

questions regarding the applicability of 

the proposed action to a particular 

entity, contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

B. What should I consider as I prepare 

my comments for the EPA? 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through http://www.regulations.gov or 

email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on a disk or CD– 

ROM that you mail to the EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comments that includes information 

claimed as CBI, you must submit a copy 

of the comments that does not contain 

the information claimed as CBI for 

inclusion in the public docket. If you 

submit a CD–ROM or disk that does not 

contain CBI, mark the outside of the 

disk or CD–ROM clearly that it does not 

contain CBI. Information not marked as 

CBI will be included in the public 

docket and the EPA’s electronic public 

docket without prior notice. Information 

marked as CBI will not be disclosed 

except in accordance with procedures 

set forth in 40 CFR part 2. Send or 

deliver information identified as CBI 

only to the following address: OAQPS 

Document Control Officer (C404–02), 

OAQPS, U.S. Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711, Attention Docket ID No. 

EPA–HQ–OAR–2003–0119. 

C. What action is the Agency taking? 

In this notice, we are proposing to 

amend, and requesting comment on 

certain issues, as discussed further in 

sections II.C and II.D of this preamble. 

We are not reopening and will not 

respond to comments on any aspects of 

the CISWI NSPS and EG other than 

those specifically identified in sections 

II.C. and II.D of this preamble. 

D. What is the Agency’s authority for 

taking this action? 

Section 129 of the Clean Air Act 

(CAA) requires the EPA to establish 

NSPS and EG pursuant to sections 111 

and 129 of the CAA for new and 

existing solid waste incineration units 

located at commercial and industrial 

facilities. This action amends standards 

developed under these authorities. 

E. What are the incremental costs and 

benefits of this action? 

This action requests comment on 

some provisions and makes technical 

and clarifying corrections to aid in 

implementation of and compliance with 

the standards, but does not propose 

substantial changes to the February 7, 

2013, final CISWI rule (78 FR 9112). As 

such, there are no incremental 

environmental, energy, or economic 

impacts associated with this proposed 

action. The impacts associated with the 

CISWI rule were discussed in detail in 

the February 7, 2013, final CISWI rule 

document. 

II. Background 

A. Background Information 

On March 21, 2011, the EPA 

promulgated revised NSPS and EG for 

CISWI units (i.e., solid waste 

incineration units located at commercial 

or industrial facilities). Following that 

action, the Administrator received 

petitions for reconsideration that 

identified certain issues that warranted 

further opportunity for public comment. 

In response to the petitions, the EPA 

reconsidered, proposed revisions to, and 

requested comment on several 

provisions of the March 2011 final 

NSPS and EG for CISWI units. These 

proposed revisions were published on 

December 23, 2011 (76 FR 80452). 

On February 7, 2013, the EPA 

finalized revisions to the CISWI NSPS 

and EG (78 FR 9112). In that final 

action, the EPA made additional 

revisions in response to comments that 

had not been proposed in the December 

23, 2011, Federal Register document. 

Subsequently, the EPA received 

petitions for reconsideration of the final 

2013 action. These petitions allege that 

the public did not have sufficient 

opportunity to comment on some of the 

provisions contained in that final rule. 

In response, the EPA proposed to 

reconsider four provisions of the 2013 

final NSPS and EG for CISWI units (80 

FR 3018, January 21, 2015). The EPA 

took final action on that proposal on 

June 23, 2016 (81 FR 40956). We will 

refer to this final CISWI rule, as revised 

through June 2016, as the 2016 CISWI 

rule. 

In this action, the EPA is proposing 

clarifying changes and corrections to the 

2016 CISWI rule. For a more detailed 

background and additional information 

on how this rule is related to other CAA 

combustion rules issued under CAA 

section 112 and the Resource 

Conservation and Recovery Act 

definition of solid waste, refer to prior 

actions (76 FR 15704, March 21, 2011; 

78 FR 9112, February 7, 2013). 

B. Actions We Are Taking 

In this document, we are proposing to 

amend the 2016 CISWI rule to address 

certain issues raised by industry 

stakeholders and implementing 

agencies, as well as to address other 

issues identified during implementation 

of the CISWI rule. We request comment 

on all of the proposed amendments. 

These provisions that would be affected 

by the proposed amendments are: (1) 

Alternative equivalent emission limit 

for mercury (Hg) for the waste-burning 

kiln subcategory; (2) timing of initial 

test and initial performance evaluation; 

(3) extension of electronic data reporting 

requirements; (4) clarification of nondelegated authorities; (5) demonstration 

of initial compliance when using a 

continuous emissions monitoring 

system (CEMS); (6) continuous opacity 

monitoring requirements; (7) other 

CEMS requirements; (8) clarification of 

skip testing requirements; (9) deviation 

reporting requirements for continuous 

monitoring data; and (10) clarification of 

air curtain incinerator (ACI) 

requirements. In addition to these 

provisions, we are also correcting minor 

typographical errors identified in the 

rule. 

We are seeking public comment only 

on the issues specifically identified in 

this action, discussed further in sections 

II.C and II.D of this preamble. We are 

not reopening and will not respond to 

comments on any aspects of the CISWI 

NSPS and EG other than those 

specifically identified in sections II.C. 

and II.D of this preamble. 

C. Discussion of Proposed Technical 

Amendments 

This section of the preamble explains 

why the EPA is proposing to make the 

amendments identified in this proposed 

rule. We request comment on the issues 

discussed in this section and on the 

proposed minor typographical 

corrections discussed in section II.D of 

this preamble. 

1. Alternative Equivalent Emission 

Limit for Hg for the Waste-Burning Kiln 

Subcategory 

The December 23, 2011, proposed 

CISWI reconsideration rule preamble 

discussed and presented equivalent 

emission limits for waste-burning kilns 

expressed on a production basis (76 FR 

80458). In the February 2013 CISWI 


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1Originally, the Electronic Reporting and 

Recordkeeping Requirements for New Source 

Performance Standards Rule included CISWI as one 

of the affected subparts. However, because the 

CISWI reconsideration package was proposed at 

nearly the same time as that rule, CISWI was 

removed as an affected subpart, and the language 

associated with the Electronic Reporting and 

Recordkeeping Requirements for New Source 

Performance Standards Rule was inserted into the 

CISWI reconsideration proposal. 

2This final rule was signed on December 21, 

2016, but was withdrawn from the Office of the 

Federal Register prior to publication. 

3The prepublication version of the final rule is 

available at https://www.epa.gov/sites/production/ 

files/2017-04/documents/e-reporting-nsps-finalrule-pre-publication.pdf. Accessed January 24, 

2018. 

final reconsideration rule preamble, the 

EPA again included these equivalent 

production-based limits, but at that time 

the EPA decided not to codify these 

within the rule text. In the process of 

approving state plans to implement the 

CISWI EG, the EPA has recognized that 

there is benefitting to affected sources 

and implementing agencies in codifying 

the emission limit for Hg for wasteburning kilns in a production-based 

limit (i.e., pound/million (lb/MM) ton 

clinker) as this is the format of the Hg 

standards found in the Portland Cement 

National Emission Standards for 

Hazardous Air Pollutants (PC NESHAP). 

The EPA strives to make compliance 

with both CISWI standards and the PC 

NESHAP as streamlined and consistent 

as possible to facilitate compliance with 

both standards because these sources 

(and energy recovery units) must 

comply with the CISWI standard when 

they are combusting solid waste and 

must comply with the PC NESHAP or 

Boiler Maximum Achievable Control 

Technology standards, as applicable, 

when combusting nonwaste materials. 

Having an equivalent emission limit in 

the same units as the PC NESHAP will 

aid affected sources in demonstrating 

compliance with both standards, and 

will aid implementing agencies in 

enforcing the standards. 

As discussed in 2011 and repeated in 

2013 (78 FR 9122–3, February 7, 2013), 

the Hg emission limit of 58 lb/MM ton 

clinker and 21 lb/MM ton clinker for 

existing and new sources, respectively, 

are equivalent to the concentrationbased Hg standards of 0.011 milligram/ 

dry standard cubic meter (mg/dscm) and 

0.0037 mg/dscm within the currently 

published CISWI rule. To facilitate use 

of the equivalent production-based 

emission limits, the EPA is not only 

proposing to add these emission limits 

to the emission limitation tables, but 

also proposing to include 

recordkeeping, calculation, and 

reporting requirements for clinker 

production rate as necessary. The 

proposed regulatory provisions and 

calculations are consistent with those 

found in the PC NESHAP. 

2. Timing of Initial Test and Initial 

Performance Evaluation 

The current CISWI NSPS and EG 

require affected sources to conduct a 

performance evaluation of each 

continuous monitoring system within 

60 days of installation of the monitoring 

system (see 40 CFR 60.2135 and 

60.2700). The rule also allows up to 180 

days from the final compliance date for 

affected sources to conduct an initial 

performance test. The EPA received 

questions from implementing agencies 

asking whether these requirements can 

be synchronized to prevent duplicate 

testing requirements because the 

continuous monitoring system 

performance evaluation would require 

an emissions test being conducted at the 

same time regardless. We recognize that 

the requirement to conduct a 

performance evaluation within 60 days 

of installation could present a situation 

for sources where the deadline for 

conducting the performance evaluation 

would precede the deadline for 

conducting the initial performance test. 

The EPA did not intend to require 

sources to conduct duplicative initial 

performance tests, and we see a benefit 

to sources and implementing agencies to 

be able to schedule and conduct both of 

these demonstrations at the same time 

during a single testing episode. 

Therefore, the EPA is adjusting the 

timing of the continuous monitoring 

system initial performance evaluation to 

allow 180 days from installation to 

match the schedule which is allowed for 

conducting the initial performance test. 

The EPA has determined that making 

these timelines consistent (i.e., 180 days 

from installation) will streamline 

compliance demonstrations and prevent 

possible duplicative testing 

requirements. 

3. Extension of Electronic Data 

Reporting Requirement 

In this action, the EPA is proposing to 

extend the electronic reporting 

requirement dates found in 40 CFR 

60.2235(a) and 60.2795(a). The 

electronic reporting provisions 

promulgated in CISWI require submittal 

of initial, annual, and deviation reports 

electronically through the EPA’s 

Compliance and Emissions Data 

Reporting Interface (CEDRI), which is 

accessed through the EPA’s Central Data 

Exchange. The existing rule provides 

that the requirement for electronic 

submittal will take effect once the 

relevant forms have been available in 

CEDRI for 90 calendar days. As stated in 

the CISWI reconsideration (81 FR 

40956), the EPA intended to make the 

requirements of the CISWI rule 

consistent with the Electronic Reporting 

and Recordkeeping Requirements for 

New Source Performance Standards, 

which was proposed on March 20, 2015 

(80 FR 15100).1 However, the CISWI 

reconsideration final rule was published 

on June 23, 2016 (81 FR 40956), before 

the Electronic Reporting and 

Recordkeeping Requirements for New 

Source Performance Standards rule 2

was finalized and did not take into 

account comments received on that rule. 

The proposed extension for CISWI 

units in this action is consistent with 

the EPA’s approach to electronic 

reporting outlined in the Electronic 

Reporting and Recordkeeping 

Requirements for New Source 

Performance Standards final rule.3 This 

approach has also been used in recent 

EPA rulemakings (e.g., National 

Emissions Standards for Hazardous Air 

Pollutants for Chemical Recovery 

Combustion Sources at Kraft, Soda, 

Sulfite, and Stand-Alone Semi chemical 

Pulp Mills, 82 FR 47328, and National 

Emissions Standards for Hazardous Air 

Pollutants: Publicly Owned Treatment 

Works Residual Risk and Technology 

Review, 82 FR 49513). The proposed 

extension requires electronic 

submission of initial, annual, and 

deviation reports 2 years from 

publication of the final rule or 1 year 

after the reporting form becomes 

available in CEDRI, whichever date is 

later. This extension is necessary to 

allow the EPA time to develop and 

adequately test the new forms and for 

regulated entities to become familiar 

with the forms and reprogram systems 

that collect data for periodic reports 

once the forms are available. The 

extension also allows state, local, and 

tribal agencies more time to implement 

electronic reporting and to make any 

needed permit revisions to 

accommodate electronic reporting and 

allows for development of third-party 

software to populate the reporting 

forms. 

4. Clarification of Non-Delegated 

Authorities 

In this action, the EPA is proposing 

corrections to the authorities listed in 40 

CFR 60.2030(c). Specifically, the 

reference to 40 CFR 60.2125(j) is an 

outdated reference to previouslyproposed, but never promulgated, 

performance test waiver provisions. 

These provisions were included in the 

June 4, 2010, CISWI proposed rule (see 

75 FR 31975), but were not made final 


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in the March 21, 2011, final rule (see 76 

FR 15752–3). This reference was 

inadvertently not updated to reflect that 

the proposed 40 CFR 60.2125(j) was not 

finalized. Furthermore, the provisions of 

40 CFR 60.2030(c)(10) that require 

obtaining a determination from the EPA 

of whether a qualifying small power 

facility or cogeneration facility is 

combusting homogeneous waste were 

intended to be removed in the 2013 

CISWI final rule as part of the removal 

of the definition of homogeneous waste 

(see 78 FR 9124, February 7, 2013). As 

discussed in the February 7, 2013, 

document, the EPA determined that the 

proposed ‘‘definition and provisions 

could be interpreted in a manner that 

would be unduly restrictive.’’ Therefore, 

the EPA did not include a definition of 

‘‘homogeneous waste’’ in the final 

CISWI rule and the Agency stated it was 

‘‘removing the requirement that 

qualifying small power producers and 

qualifying cogeneration facilities that 

combust solid waste obtain a 

determination from the EPA that such 

waste is homogeneous.’’ Id. 

Accordingly, the EPA has proposed the 

removal of paragraph 40 CFR 

60.2030(c)(10). While no other 

authorities have been added or removed 

from this list, that the EPA is proposing 

minor revisions to streamline the 

section by removing the reserved 

subparagraphs (i.e., (5) and (10)) and 

renumbering the subparagraphs 

sequentially. 

In this action, we are also clarifying 

which authorities will not be delegated 

to EG guidelines, 40 CFR 60.2542 

simply contains a reference to the 

analogous paragraph (40 CFR 

60.2030(c)) within the CISWI NSPS. 

However, since the CISWI NSPS applies 

to new sources, applicability of these 

non-delegated authorities to state plans 

implementing the emission guidelines 

for existing sources was unclear to 

implementing agencies. To remove this 

confusion, we have eliminated the cross 

reference to 40 CFR 60.2030(c) and have 

instead provided the specific details on 

which authorities will not be delegated 

within the text of 40 CFR 60.2542. The 

list of authorities being proposed in 40 

CFR 60.2542 matches the updated list 

found in 40 CFR 60.2030(c), with the 

appropriate adjustments made to 

subpart section cross references. 

5. Demonstrating Initial Compliance 

When Using CEMS 

The EPA has become aware of an 

inconsistency in the regulations that 

make CEMS monitoring an option for 

demonstrating initial compliance. The 

final CISWI rules require some sources 

to demonstrate compliance using CEMS, 

and allow the option for any source to 

use CEMS to demonstrate compliance 

‘‘with any of the emission limits of this 

subpart’’ (see 40 CFR 60.2145(u) and 

60.2710(u)). However, for most of the 

paragraphs containing the pollutantspecific CEMS requirements, the 

language was unclear on whether these 

demonstrations were applicable to 

demonstrating initial compliance, with 

the exception of carbon monoxide (CO). 

The EPA’s intent was to allow this 

compliance option for any pollutant 

(i.e., with any of the emission limits of 

this subpart). To express the EPA’s 

intent of providing this flexibility for 

compliance demonstration more clearly, 

we have revised language in several 

sections of the rule. For example, the 

initial compliance requirements in 40 

CFR 60.2135 and 60.2700 have been 

revised to also reflect use of CEMS data 

as an initial compliance demonstration 

alternative to an emissions test, 

provided that the initial CEMS 

performance evaluation has been 

conducted prior to collecting CEMS data 

used for the initial performance test. 

Likewise, language surrounding the 

CEMS requirements found in 40 CFR 

60.2145, 60.2165, 60.2710, and 60.2730, 

and the emission limitation tables, have 

been revised and streamlined to clarify 

that CEMS data may be used to 

demonstrate compliance (i.e., initial and 

continuing) with the standards. 

6. Clarification of Continuous Opacity 

Monitoring System (COMS) 

Requirements 

In addition to the clarifications to 

CEMS provisions, we also propose to 

revise 40 CFR 60.2145(i) and 60.2710(i) 

to clarify our intent regarding the types 

of units required to install COMS and to 

make it consistent with the COMS 

monitoring requirement language found 

in 40 CFR 60.2165(m) and 60.2730(m), 

respectively. We propose to add 

language clarifying that energy recovery 

units between 10 and 250 million 

British thermal units/hour (MMBtu/hr) 

design heat input that are equipped 

with electrostatic precipitators (ESP), 

particulate matter CEMS, or particulate 

matter continuous parameter monitoring 

systems (CPMS) are also not required to 

install and operate COMS because these 

units have an air pollution control 

device that has continuous parameter 

monitoring requirements or are using 

continuous particulate matter 

monitoring compliant with provisions 

within the rule already (see 40 CFR 

60.2145(q), for example). The rule 

currently excludes the COMS 

requirement for energy recovery units 

using other types of particulate matter 

control devices or that use particulate 

matter CEMS for continuous particulate 

matter monitoring, but inadvertently 

omitted ESPs and particulate matter 

CPMS from the list. Therefore, we 

propose to add ‘‘electrostatic 

precipitator’’ and ‘‘particulate matter 

CPMS’’ to the list of wet scrubber and 

fabric filters found in 40 CFR 

60.2165(m) and 60.2730(m) as types of 

units that do not require COMS. As a 

further clarification, we also propose to 

amend the text to 40 CFR 60.2145(i) and 

60.2710(i) to clearly specify that the 

COMS requirement is applicable to 

units within the specified size range 

‘‘that do not use a wet scrubber, fabric 

filter with bag leak detection system, an 

electrostatic precipitator, particulate 

matter CEMS, or particulate matter 

CPMS.’’ 

7. Clarification of Other CEMS 

Requirements 

In addition to the CEMS-related 

requirements discussed above, the EPA 

is proposing two other CEMS-related 

clarifications: (1) To not require CO 

CEMS for new source waste-burning 

kilns; and (2) to remove outdated 

notification requirements when 

particulate matter CEMS are being used. 

For the CO CEMS issue, there is an 

incorrect requirement in 40 CFR 

60.2145(j) for new waste-burning kilns 

to demonstrate compliance with CO 

emission limits using CEMS. This is 

inconsistent with the requirements 

found in Table 7 to 40 CFR 60, subpart 

CCCC, and with the EPA’s intent to 

remove CO CEMS requirements for new 

CISWI sources, as stated in the February 

7, 2013, final CISWI rules (see 78 FR 

9120). Carbon monoxide CEMS are 

allowed as an alternative compliance 

demonstration, but the requirement is 

annual testing by EPA Method 10. To 

make this clarification, the EPA is 

proposing to revise 40 CFR 60.2145(j) so 

that CO is one of the pollutants 

requiring an annual test and remove CO 

from the list of pollutants requiring 

CEMS for demonstrating compliance. 

Another clarification the EPA is 

proposing is to remove the outdated 

requirements of notifying the 

Administrator prior to beginning and 

stopping use of an optional particulate 

matter CEMS. These provisions are 40 

CFR 60.2165(n)(1) and (2), and 

60.2730(n)(1) and (2). These provisions 

are an inadvertent holdover from model 

provisions from a much older rule. 

CEMS technology and application has 

progressed to an extent that these 

notifications are no longer needed or 

desired by the EPA. Furthermore, these 

notifications do not appear in the 

reporting requirements outlined in the 

reporting requirment tables (Table 4 to 


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4The phrasing of the regulations at 40 CFR 

60.2010 and 60.2015 of the NSPS similarly confuse 

the applicability of the final CISWI rule to new 

ACIs located at commercial and industrial facilities. 

40 CFR part 60, subpart CCCC and Table 

3 to 40 CFR part 60, subpart DDDD), nor 

the other notification requirements, so 

they introduced an unintended 

inconsistency within the rule. To 

resolve this, we propose deleting the 

current subparagraphs (1) and (2) of 

these sections and renumbering the 

remaining subparagraphs sequentially to 

streamline these requirements. 

8. Clarification of Reduced Testing 

Requirements 

It has come to the EPA’s attention that 

there is confusion regarding how 

reduced testing is applied after a source 

has demonstrated good performance and 

has skipped testing for 2 years (see 40 

CFR 60.2155 and 60.2720). Stakeholders 

suggest that the current CISWI rule 

language would have a good performing 

source return to an annual testing 

schedule after being able to skip testing 

for 2 years, with no opportunity for 

additional reduced testing. It was not 

the EPA’s intent to only offer this 

allowance once when developing these 

provisions. To the contrary, the EPA 

intended this allowance to be available 

for as long as good performance could 

be reaffirmed with testing every 3 years 

instead of annually (see 76 FR 15714, 

March 21, 2011). The intended sequence 

of testing consisted of two consecutive 

annual tests showing 75 percent or less 

of the applicable standard is achieved; 

followed by 2 years of testing being 

skipped; followed by an annual test 

showing that 75 percent of the standard 

is achieved; followed by 2 years of 

testing being skipped; etc. Since the 

promulgation of these standards, these 

skip testing provisions have been 

refined and promulgated during 

regulatory development efforts in the 

CAA section 129 rulemaking for sewage 

sludge incinerators (40 CFR part 60, 

subparts LLLL and MMMM). In this 

action, the EPA proposes to clarify the 

ongoing allowance for reduced testing 

provisions we intended, based largely 

on language used in the recent sewage 

sludge incinerator rule. 

9. Clarification of Deviation Reporting 

Requirements for Continuous 

Monitoring Data 

The EPA has become aware of some 

unclear requirements in the deviation 

reporting requirements of 40 CFR 

60.2215(a) and 60.2775(a). In particular, 

the requirements for continuouslymeasured parameters or emissions using 

CEMS are not clearly outlined within 

these sections. While these provisions 

are clear for 3-hour average parameters 

and performance testing, the EPA 

recognizes that 30-day averages allowed 

for energy recovery units and particulate 

matter CEMS were inadvertently 

omitted, as well as requirements for any 

other 30-day average measured using 

CEMS that deviated from an emission 

limit. The EPA proposes to add 

language to these paragraphs to clarify 

that deviations for these other operating 

parameters or CEMS-measurements that 

deviate from an operating limit or 

emissions limitation must be included 

in a deviation report. 

Furthermore, we propose to amend 

these paragraphs to also include 

deviations for the 30 kiln operating day 

average operating parameter in 

deviation reports. The 30 kiln operating 

day average is a necessary component of 

the provisions proposed in 40 CFR 

60.2145(j) and 60.2710(j). 

10. Clarification of ACI Requirements 

Since promulgation of the 2016 CISWI 

final rule, the EPA has received various 

questions from implementing agencies 

regarding the CISWI applicability status 

of ACI. While the limited requirements 

of ACIs burning only wood waste, clean 

lumber or a mixture of wood waste, 

clean lumber and/or yard waste are 

defined within the rule and a CISWI 

affected source is unclear to some 

implementing agencies as they work to 

prepare state plans and negative 

declarations, because of confusing 

language in the final CISWI rule. See 40 

CFR 60.2550. Specifically, the section of 

the EG addressing the units subject to 

the final CISWI rule includes a reference 

to ACI in 40 CFR 60.2550(a)(1), but 40 

CFR 60.2550(a)(2) further states that 

only units that meet the definition of a 

CISWI unit are subject to the final rule, 

and ACIs do not meet the regulatory 

definition of a CISWI unit.4

Notwithstanding that confusing 

provision, the record demonstrates that 

the EPA considers ACIs located at 

commercial and industrial facilities and 

otherwise meeting the definition of an 

ACI as being CISWI-affected sources. 

See CAA section 129(g)(1)(C) (defining 

ACIs) and 40 CFR 60.2245–2260 of the 

NSPS and 60.2810–2870 of the EG 

(setting forth the CISWI EG 

requirements applicable to ACI). 

Facilities can have CISWI-affected ACIs 

even if they do not have CISWI units 

located at the facility. If an ACI begins 

burning solid waste as defined in the 

Non Hazardous Secondary Materials 

rule (see 40 CFR part 241) in addition 

to, or instead of, wood waste, clean 

lumber, or a mixture of wood waste, 

clean lumber, and/or yard waste, it is a 

solid waste incineration unit instead of 

an ACI that will be subject to the 

applicable numerical emission 

standards contained in CISWI or 

another CAA section 129 standard, 

depending on the type of waste 

combusted (e.g., such as a unit burning 

more than 30-percent municipal solid 

waste would be a municipal solid waste 

incineration unit instead of a CISWI 

unit). 

The EPA’s intent is further 

demonstrated in a response to 

comments on title V permitting 

requirements for ACIs in the preamble 

to the March 21, 2011, final CISWI rule 

(76 FR 15741): 

Commenters are correct that ACIs are 

not solid waste incineration units 

pursuant to CAA section 129(g)(1)(C), 

but that is only correct if the units ‘‘only 

burn wood wastes, yard wastes and 

clean lumber and [they] * * * comply 

with opacity limitations to be 

established by the Administrator by 

rule.’’ The EPA has established opacity 

limitations for ACIs pursuant to CAA 

sections 111 and 129. 

Pursuant to CAA section 502(a), 

sources subject to standards or 

regulations under CAA section 111 must 

obtain a title V permit; therefore, ACIs 

are required to obtain a title V permit. 

As commenters note, the EPA may 

exempt minor and area sources from the 

requirement to obtain a title V permit, 

but the EPA must first determine that 

compliance with title V requirements is 

‘‘impracticable, infeasible, or 

unnecessarily burdensome’’ on the 

sources before exempting them (CAA 

section 502(a)). The EPA has not made 

the necessary finding pursuant to CAA 

section 502(a) for ACIs in any of the 

CAA section 129 rulemakings, and we 

believe that ACIs exist at CAA section 

129 facilities other than at the 

commercial and industrial facilities 

subject to this final rule. Because we 

think it is important to treat all ACIs in 

the same manner, we decline to 

consider a title V exemption for minor 

and area source ACIs at commercial and 

industrial facilities. 

As the record demonstrates, the EPA 

determined that ACIs located at 

commercial and industrial facilities are 

CISWI-affected sources that must be 

included in state plans and regulated 

consistent with the final CISWI 

standards applicable to such units. To 

address the uncertainty created by the 

CISWI rule, the EPA proposes to clarify 

the affected source status of ACIs by 

revising the regulations to make clear 

that ‘‘air curtain incinerators’’ do not 

need to meet the definition of a ‘‘CISWI 

unit’’ to be subject to the CISWI rule 


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5The June 23, 2016 final CISWI rule amendments 

(81 FR 40956) also did not entail any 

environmental, energy or economic impacts, so 

therefore the February 7, 2013 final CISWI rule 

presents the impacts associated with the CISWI 

rule. 

(e.g., 40 CFR 60.2010 of the NSPS and 

40 CFR 60.2500 and 60.2550 of the EG). 

D. Typographical Errors and Corrections 

In this action, we are also proposing 

changes to the final rule to correct 

minor typographical errors and clarify 

provisions that are unclear. The list of 

these changes is included in the 

‘‘Typographical Errors and Corrections’’ 

memorandum in Docket ID No. EPA– 

OAR–HQ–2003–0119. 

E. Environmental, Energy, and 

Economic Impacts 

This action requests comments on 

some provisions, and makes technical 

and clarifying corrections to aid in 

implementation and compliance, but 

does not propose substantive changes to 

the February 7, 2013, final CISWI rule 

(78 FR 9112).5 As such, there are no 

environmental, energy, or economic 

impacts associated with this proposed 

action. The impacts associated with the 

CISWI rule were discussed in detail in 

the February 7, 2013, final CISWI rule 

document. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the OMB for review. 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not expected to be an 

Executive Order 13771 regulatory action 

because this action is not significant 

under Executive Order 12866. 

C. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and assigned OMB Control number 

2060–0662 for 40 CFR part 60, subpart 

CCCC, and OMB Control number 2060– 

0664 for 40 CFR part 60, subpart DDDD. 

This action is believed to result in no 

changes to the information collection 

requirements of the 2016 CISWI rule, so 

that the information collection estimate 

of project cost and hour burden from the 

final CISWI rule have not been revised. 

D. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden, or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This 

proposed rule will not impose any new 

requirements on any entities because it 

does not impose any additional 

regulatory requirements relative to those 

specified in the 2016 CISWI rule, which 

also did not impose any additional 

regulatory requirements beyond those 

specified in the February 2013 final 

CISWI rule. The February 2013 final 

CISWI rule was certified as not having 

a significant economic impact on a 

substantial number of small entities. We 

have, therefore, concluded that this 

action will have no net regulatory 

burden for all directly regulated small 

entities. 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local, or 

tribal governments or the private sector. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. The EPA is not aware of 

any CISWI in Indian country or owned 

or operated by Indian tribal 

governments. The CISWI aspects of this 

rule may, however, invoke minor 

indirect tribal implications to the extent 

that entities generating solid wastes on 

tribal lands could be affected. Thus, 

Executive Order 13175 does not apply 

to this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying to those regulatory 

actions that concern environmental 

health or safety risks that the EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations, and/or indigenous 

peoples, as specified in Executive Order 

12898 (58 FR 7629, February 16, 1994). 

It does not affect the level of 

protection provided to human health or 

the environment. The proposed 

corrections do not relax the control 

measures on sources regulated by the 

2016 CISWI rule, which also did not 

relax any control measures on sources 

regulated by the February 2013 final 

CISWI rule. Therefore, this proposed 

action will not cause emissions 

increases from these sources. The 

February 2013 final CISWI rule will 

reduce emissions of all the listed toxics 

emitted from this source, thereby 

helping to further ensure against any 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations. 

List of Subjects 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 


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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 28075 

Air pollution control, Hazardous 

substances. 

Dated: May 9, 2018. 

E. Scott Pruitt, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency is proposing to amend title 40, 

chapter I, of the Code of Federal 

Regulations as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 2. Part 60 is amended by revising 

subpart CCCC to read as follows: 

Subpart CCCC—Standards of Performance 

for Commercial and Industrial Solid Waste 

Incineration Units 

Sec. 

Introduction 

60.2000 What does this subpart do? 

60.2005 When does this subpart become 

effective? 

Applicability 

60.2010 Does this subpart apply to my 

incineration unit? 

60.2015 What is a new incineration unit? 

60.2020 What combustion units are exempt 

from this subpart? 

60.2030 Who implements and enforces this 

subpart? 

60.2035 How are these new source 

performance standards structured? 

60.2040 Do all eleven components of these 

new source performance standards apply 

at the same time? 

Preconstruction Siting Analysis 

60.2045 Who must prepare a siting 

analysis? 

60.2050 What is a siting analysis? 

Waste Management Plan 

60.2055 What is a waste management plan? 

60.2060 When must I submit my waste 

management plan? 

60.2065 What should I include in my waste 

management plan? 

Operator Training and Qualification 

60.2070 What are the operator training and 

qualification requirements? 

60.2075 When must the operator training 

course be completed? 

60.2080 How do I obtain my operator 

qualification? 

60.2085 How do I maintain my operator 

qualification? 

60.2090 How do I renew my lapsed 

operator qualification? 

60.2095 What site-specific documentation 

is required? 

60.2100 What if all the qualified operators 

are temporarily not accessible? 

Emission Limitations and Operating Limits 

60.2105 What emission limitations must I 

meet and by when? 

60.2110 What operating limits must I meet 

and by when? 

60.2115 What if I do not use a wet scrubber, 

fabric filter, activated carbon injection, 

selective noncatalytic reduction, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

Performance Testing 

60.2125 How do I conduct the initial and 

annual performance test? 

60.2130 How are the performance test data 

used? 

Initial Compliance Requirements 

60.2135 How do I demonstrate initial 

compliance with the emission 

limitations and establish the operating 

limits? 

60.2140 By what date must I conduct the 

initial performance test? 

60.2141 By what date must I conduct the 

initial air pollution control device 

inspection? 

Continuous Compliance Requirements 

60.2145 How do I demonstrate continuous 

compliance with the emission 

limitations and the operating limits? 

60.2150 By what date must I conduct the 

annual performance test? 

60.2151 By what date must I conduct the 

annual air pollution control device 

inspection? 

60.2155 May I conduct performance testing 

less often? 

60.2160 May I conduct a repeat 

performance test to establish new 

operating limits? 

Monitoring 

60.2165 What monitoring equipment must I 

install and what parameters must I 

monitor? 

60.2170 Is there a minimum amount of 

monitoring data I must obtain? 

Recordkeeping and Reporting 

60.2175 What records must I keep? 

60.2180 Where and in what format must I 

keep my records? 

60.2185 What reports must I submit? 

60.2190 What must I submit prior to 

commencing construction? 

60.2195 What information must I submit 

prior to initial startup? 

60.2200 What information must I submit 

following my initial performance test? 

60.2205 When must I submit my annual 

report? 

60.2210 What information must I include in 

my annual report? 

60.2215 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.2220 What must I include in the 

deviation report? 

60.2225 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.2230 Are there any other notifications or 

reports that I must submit? 

60.2235 In what form can I submit my 

reports? 

60.2240 Can reporting dates be changed? 

Title V Operating Permits 

60.2242 Am I required to apply for and 

obtain a Title V operating permit for my 

unit? 

Air Curtain Incinerators (ACIs) 

60.2245 What is an air curtain incinerator? 

60.2250 What are the emission limitations 

for air curtain incinerators? 

60.2255 How must I monitor opacity for air 

curtain incinerators? 

60.2260 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

Definitions 

60.2265 What definitions must I know? 

Tables to Subpart CCCC 

Table 1 to Subpart CCCC of Part 60— 

Emission Limitations for Incinerators for 

Which Construction is Commenced After 

November 30, 1999, But no Later Than 

June 4, 2010, or for Which Modification 

or Reconstruction is Commenced on or 

After June 1, 2001, But no Later Than 

August 7, 2013 

Table 2 to Subpart CCCC of Part 60— 

Operating Limits for Wet Scrubbers 

Table 3 to Subpart CCCC of Part 60—Toxic 

Equivalency Factors 

Table 4 to Subpart CCCC of Part 60— 

Summary of Reporting Requirements 

Table 5 to Subpart CCCC of Part 60— 

Emission Limitations for Incinerators 

That Commenced Construction After 

June 4, 2010, or That Commenced 

Reconstruction or Modification After 

August 7, 2013 

Table 6 to Subpart CCCC of Part 60— 

Emission Limitations for Energy 

Recovery Units That Commenced 

Construction After June 4, 2010, or That 

Commenced Reconstruction or 

Modification After August 7, 2013 

Table 7 to Subpart CCCC of Part 60— 

Emission Limitations for Waste-burning 

Kilns That Commenced Construction 

After June 4, 2010, or Reconstruction or 

Modification After August 7, 2013 

Table 8 to Subpart CCCC of Part 60— 

Emission Limitations for Small, Remote 

Incinerators That Commenced 

Construction After June 4, 2010, Or That 

Commenced Reconstruction or 

Modification After August 7, 2013 

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 

units (CISWIs) and air curtain 

incinerators (ACIs). 


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28076 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

§ 60.2005 When does this subpart become 

effective? 

This subpart took effect on August 7, 

2013. Some of the requirements in this 

subpart apply to planning the CISWI or 

ACI (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 or ACI 

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 

as defined in § 60.2265, or an ACI as 

defined in § 60.2265; and 

(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 paragraphs (a)(1) 

through (3) of this section: 

(1) A CISWI or ACI that commenced 

construction after June 4, 2010; 

(2) A CISWI or ACI that commenced 

reconstruction or modification after 

August 7, 2013; and 

(3) Incinerators and ACIs, as defined 

in this subpart, that commenced 

construction after November 30, 1999, 

but no later than June 4, 2010, or that 

commenced reconstruction or 

modification on or after June 1, 2001, 

but no later than August 7, 2013, are 

considered new incineration units and 

remain subject to the applicable 

requirements of this subpart until the 

units become subject to the 

requirements of an approved state plan 

or federal plan that implements subpart 

DDDD of this part (Emission Guidelines 

and Compliance Times for Commercial 

and Industrial Solid Waste Incineration 

Units). 

(b) This subpart does not affect your 

CISWI or ACI if you make physical or 

operational changes to your incineration 

unit primarily to comply with 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) 

through (j) of this section, but some 

units are required to provide 

notifications. 

(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; and 

(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) Municipal waste combustion units. 

Incineration units that are subject to 

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); subpart 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). 

(c) 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). 

(d) Small power production facilities. 

Units that meet the four requirements 

specified in paragraphs (d)(1) through 

(4) 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 submit documentation to the 

Administrator notifying the EPA that 

the qualifying small power production 

facility is combusting homogenous 

waste; and 

(4) You maintain the records specified 

in § 60.2175(w). 

(e) Cogeneration facilities. Units that 

meet the four requirements specified in 

paragraphs (e)(1) through (4) 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 submit documentation to the 

Administrator notifying the Agency that 

the qualifying cogeneration facility is 

combusting homogenous waste; and 

(4) You maintain the records specified 

in § 60.2175(x). 

(f) Hazardous waste combustion units. 

Units for which you are required to get 

a permit under section 3005 of the Solid 

Waste Disposal Act. 

(g) Materials recovery units. Units that 

combust waste for the primary purpose 

of recovering metals, such as primary 

and secondary smelters. 

(h) Sewage treatment plants. 

Incineration units regulated under 

subpart O of this part (Standards of 

Performance for Sewage Treatment 

Plants). 

(i) Sewage sludge incineration units. 

Incineration units combusting sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter that are 

subject to subpart LLLL of this part 

(Standards of Performance for New 

Sewage Sludge Incineration Units) or 

subpart MMMM of this part (Emission 

Guidelines and Compliance Times for 

Existing Sewage Sludge Incineration 

Units). 

(j) Other solid waste incineration 

units. Incineration units that are subject 

to subpart EEEE of this part (Standards 

of Performance for Other Solid Waste 

Incineration Units for Which 

Construction is Commenced After 

December 9, 2004, or for Which 

Modification or Reconstruction is 

Commenced on or After June 16, 2006) 

or subpart FFFF of this part (Emission 

Guidelines and Compliance Times for 

Other Solid Waste Incineration Units 

That Commenced Construction On or 

Before December 9, 2004). 

§ 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 


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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 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 (9) of this section: 

(1) Approval of alternatives to the 

emission limitations in tables 1, 5, 6, 7, 

and 8 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) The requirements in § 60.2115; 

(6) The requirements in 

§ 60.2100(b)(2); 

(7) Approval of alternative opacity 

emission limits in § 60.2105 under 

§ 60.11(e)(6) through (8); 

(8) Performance test and data 

reduction waivers under § 60.8(b)(4) and 

(5); 

(9) Approval of an alternative to any 

electronic reporting to the EPA required 

by this subpart. 

§ 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; 

(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; and 

(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. 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 

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 CISWIs that commenced 

construction after June 4, 2010, or that 

commenced reconstruction or 

modification after August 7, 2013. 

(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. 

§ 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’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? 

(a) You must submit a waste 

management plan prior to commencing 

construction. 

(b) For CISWIs that commence 

reconstruction or modification after 

August 7, 2013, you must submit a 

waste management plan prior to the 

commencement of modification or 

reconstruction. 

§ 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 can be operated unless 

a fully trained and qualified CISWI 

operator is accessible, either at the 

facility or can be at the facility within 

1 hour. The trained and qualified CISWI 

operator may operate the CISWI directly 

or be the direct supervisor of one or 

more other plant personnel who operate 

the unit. If all qualified CISWI operators 

are temporarily not accessible, you must 

follow the procedures in § 60.2100. 

(b) Operator training and qualification 

must be obtained through a stateapproved 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); 


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(vi) Inspection and maintenance of 

the incinerator and air pollution control 

devices; 

(vii) Actions to prevent and correct 

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; and 

(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 

startup; 

(b) December 3, 2001; and 

(c) The date before an employee 

assumes responsibility for operating the 

CISWI or assumes responsibility for 

supervising the operation of the CISWI. 

§ 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). 

§ 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 and correction of 

malfunctions or conditions that may 

lead to malfunction; and 

(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; 

and 

(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 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 §§ 60.2055 through 

60.2065; 

(9) Procedures for handling ash; and 

(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, whichever date 

is later; and 

(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 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; and 

(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 may be 

operated by other plant personnel 

familiar with the operation of the CISWI 

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; and 

(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; and 

(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. 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 is disapproved, the CISWI may 

continue operation for 90 days, then 

must cease operation. Operation of the 


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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); and 

(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 CISWI, including 

bypass stack or vent, specified in table 

1 of this subpart or tables 5 through 8 

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) A CISWI or ACI that commenced 

construction after November 30, 1999, 

but no later than June 4, 2010, or that 

commenced reconstruction or 

modification on or after June 1, 2001 but 

no later than August 7, 2013, must 

continue to meet the emission limits in 

table 1 of this subpart for units in the 

incinerator subcategory and § 60.2250 

for ACIs until the units become subject 

to the requirements of an approved state 

plan or federal plan that implements 

subpart DDDD of this part (Emission 

Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste 

Incineration Units). 

§ 60.2110 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber(s) to 

comply with the emission limitations, 

you must establish operating limits for 

up to 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) 

of this section, 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; and 

(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 particulate matter scrubber, which 

is calculated as the lowest 1-hour 

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 the lowest 1-hour average 

amperage to the wet scrubber measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations; 

(3) Minimum scrubber liquid flow 

rate, which is calculated as the lowest 

1-hour average liquid flow rate at the 

inlet to the wet acid gas or particulate 

matter scrubber measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations; and 

(4) Minimum scrubber liquor pH, 

which is calculated as the lowest 1-hour 

average liquor pH at the inlet to the wet 

acid gas 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 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 and you 

do not use a PM CPMS for monitoring 

PM compliance, 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 and you do not use 

a PM CPMS for monitoring PM 

compliance, you must measure the 

(secondary) voltage and amperage of the 

electrostatic precipitator collection 

plates during the particulate matter 

performance test. Calculate the average 

electric power value (secondary voltage 

× secondary current = secondary electric 

power) for each test run. The operating 

limit for the electrostatic precipitator is 

calculated as the lowest 1-hour average 

secondary electric power measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(e) If you use activated carbon sorbent 

injection to comply with the emission 

limitations, you must measure the 

sorbent flow rate during the 

performance testing. The operating limit 

for the carbon sorbent injection is 

calculated as the lowest 1-hour average 

sorbent flow rate measured during the 

most recent performance test 

demonstrating compliance with the 

mercury emission limitations. For 

energy recovery units, when your unit 

operates at lower loads, multiply your 

sorbent injection rate by the load 

fraction, as defined in this subpart, to 

determine the required injection rate 

(e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5). 

(f) If you use selective noncatalytic 

reduction to comply with the emission 

limitations, you must measure the 

charge rate, the secondary chamber 

temperature (if applicable to your 

CISWI), and the reagent flow rate during 

the nitrogen oxides performance testing. 

The operating limits for the selective 

noncatalytic reduction are calculated as 

the highest 1-hour average charge rate, 

lower secondary chamber temperature, 

and lowest reagent flow rate measured 

during the most recent performance test 

demonstrating compliance with the 

nitrogen oxides emission limitations. 

(g) If you use a dry scrubber to comply 

with the emission limitations, you must 

measure the injection rate of each 

sorbent during the performance testing. 

The operating limit for the injection rate 

of each sorbent is calculated as the 

lowest 1-hour average injection rate for 

each sorbent measured during the most 

recent performance test demonstrating 

compliance with the hydrogen chloride 

emission limitations. For energy 

recovery units, when your unit operates 

at lower loads, multiply your sorbent 

injection rate by the load fraction, as 

defined in this subpart, to determine the 

required injection rate (e.g., for 50 

percent load, multiply the injection rate 

operating limit by 0.5). 

(h) If you do not use a wet scrubber, 

electrostatic precipitator, or fabric filter 

to comply with the emission limitations, 

and if you do not determine compliance 

with your particulate matter emission 

limitation with either a particulate 

matter CEMS or a particulate matter 

CPMS, you must maintain opacity to 

less than or equal to 10 percent opacity 

(1-hour block average). 

(i) If you use a PM CPMS to 

demonstrate compliance, you must 

establish your PM CPMS operating limit 

and determine compliance with it 

according to paragraphs (i)(1) through 

(5) of this section: 

(1) Determine your operating limit as 

the average PM CPMS output value 


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recorded during the performance test or 

at a PM CPMS output value 

corresponding to 75 percent of the 

emission limit if your PM performance 

test demonstrates compliance below 75 

percent of the emission limit. You must 

verify an existing or establish a new 

operating limit after each repeated 

performance test. You must repeat the 

performance test annually and reassess 

and adjust the site-specific operating 

limit in accordance with the results of 

the performance test: 

(i) Your PM CPMS must provide a 4– 

20 milliamp output, or digital 

equivalent, and the establishment of its 

relationship to manual reference 

method measurements must be 

determined in units of milliamps; 

(ii) Your PM CPMS operating range 

must be capable of reading PM 

concentrations from zero to a level 

equivalent to at least two times your 

allowable emission limit. If your PM 

CPMS is an auto-ranging instrument 

capable of multiple scales, the primary 

range of the instrument must be capable 

of reading PM concentration from zero 

to a level equivalent to two times your 

allowable emission limit; and 

(iii) During the initial performance 

test or any such subsequent 

performance test that demonstrates 

compliance with the PM limit, record 

and average all milliamp output values, 

or their digital equivalent, from the PM 

CPMS for the periods corresponding to 

the compliance test runs (e.g., average 

all your PM CPMS output values for 

three corresponding 2-hour Method 5I 

test runs). 

(2) If the average of your three PM 

performance test runs are below 75 

percent of your PM emission limit, you 

must calculate an operating limit by 

establishing a relationship of PM CPMS 

signal to PM concentration using the PM 

CPMS instrument zero, the average PM 

CPMS output values corresponding to 

the three compliance test runs, and the 

average PM concentration from the 

Method 5 or performance test with the 

procedures in (i)(1) through (5) of this 

section: 

(i) Determine your instrument zero 

output with one of the following 

procedures: 

(A) Zero point data for in-situ 

instruments should be obtained by 

removing the instrument from the stack 

and monitoring ambient air on a test 

bench; 

(B) Zero point data for extractive 

instruments should be obtained by 

removing the extractive probe from the 

stack and drawing in clean ambient air; 

(C) The zero point can also can be 

established obtained by performing 

manual reference method measurements 

when the flue gas is free of PM 

emissions or contains very low PM 

concentrations (e.g., when your process 

is not operating, but the fans are 

operating or your source is combusting 

only natural gas) and plotting these with 

the compliance data to find the zero 

intercept; and 

(D) If none of the steps in paragraphs 

(i)(2)(i)(A) through (C) of this section are 

possible, you must use a zero output 

value provided by the manufacturer. 

(ii) Determine your PM CPMS 

instrument average in milliamps, or the 

digital equivalent, and the average of 

your corresponding three PM 

compliance test runs, using equation 1: 

Where: 

X1 = the PM CPMS output data points for the 

three runs constituting the performance 

test, 

Y1 = the PM concentration value for the three 

runs constituting the performance test, 

and 

n = the number of data points. 

(iii) With your instrument zero 

expressed in milliamps, or the digital 

equivalent, your three run average PM 

CPMS milliamp value, or its digital 

equivalent, and your three run average 

PM concentration from your three 

compliance tests, determine a 

relationship of mg/dscm per milliamp 

or digital signal equivalent with 

equation 2: 

Where: 

R = the relative mg/dscm per milliamp or 

digital equivalent for your PM CPMS, 

Y1 = the three run average mg/dscm PM 

concentration, 

X1 = the three run average milliamp or digital 

signal output from you PM CPMS, and 

z = the milliamp or digital signal equivalent 

of your instrument zero determined from 

paragraph (2)(i) of this section. 

(iv) Determine your source specific 

30-day rolling average operating limit 

using the mg/dscm per milliamp or 

digital value from equation 2 in 

equation 3, below. This sets your 

operating limit at the PM CPMS output 

value corresponding to 75 percent of 

your emission limit: 

Where: 

Ol = the operating limit for your PM CPMS 

on a 30-day rolling average, in milliamps 

or their digital signal equivalent, 

L = your source emission limit expressed in 

mg/dscm, 

z = your instrument zero in milliamps or the 

digital equivalent, determined from 

paragraph (2)(i) of this secction, and 

R = the relative mg/dscm per milliamp or 

digital signal output equivalent for your 

PM CPMS, from equation 2. 

(3) If the average of your three PM 

compliance test runs is at or above 75 

percent of your PM emission limit you 

must determine your operating limit by 

averaging the PM CPMS milliamp or 

digital signal output corresponding to 

your three PM performance test runs 

that demonstrate compliance with the 

emission limit using equation 4 and you 

must submit all compliance test and PM 

CPMS data according to the reporting 

requirements in paragraph (i)(5) of this 

section: 

Where: 

X1 = the PM CPMS data points for all runs 

i, 

n = the number of data points, and 

Oh = your site specific operating limit, in 

milliamps or digital signal equivalent. 

(4) To determine continuous 

compliance, you must record the PM 

CPMS output data for all periods when 

the process is operating and the PM 

CPMS is not out-of-control. You must 

demonstrate continuous compliance by 

using all quality-assured hourly average 

data collected by the PM CPMS for all 

operating hours to calculate the 

arithmetic average operating parameter 

in units of the operating limit (e.g., 

milliamps or digital signal bits, PM 

concentration, raw data signal) on a 30- 

day rolling average basis. 

(5) For PM performance test reports 

used to set a PM CPMS operating limit, 

the electronic submission of the test 

report must also include the make and 

model of the PM CPMS instrument, 

serial number of the instrument, 

analytical principle of the instrument 

(e.g., beta attenuation), span of the 

instruments primary analytical range, 

milliamp or digital signal value 

equivalent to the instrument zero 

output, technique by which this zero 

value was determined, and the average 

milliamp or digital signals 

corresponding to each PM compliance 

test run. 

§ 60.2115 What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic reduction, 

an electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

If you use an air pollution control 

device other than a wet scrubber, 

activated carbon injection, selective 


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noncatalytic reduction, fabric filter, an 

electrostatic precipitator, or a dry 

scrubber or limit emissions in some 

other manner, including material 

balances, to comply with the emission 

limitations under § 60.2105, you must 

petition the EPA Administrator for 

specific operating limits to be 

established during the initial 

performance test and continuously 

monitored thereafter. You must submit 

the petition at least sixty days before the 

performance test is scheduled to begin. 

Your petition must include the five 

items listed in paragraphs (a) through (e) 

of this section: 

(a) Identification of the specific 

parameters you propose to use as 

additional operating limits; 

(b) 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; 

(c) 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; 

(d) 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; and 

(e) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

Performance Testing 

§ 60.2125 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 

§ 60.2175(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 8 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 (except when using 

Method 9 and Method 22). 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using equation 5 of 

this section: 

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 (4) of this section: 

(1) Measure the concentration of each 

dioxin/furan tetra-through octachlorinated isomer emitted using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7; 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.); 

(3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer 

measured in accordance with 

paragraphs (g)(1) and (2) of this section, 

multiply the isomer concentration by its 

corresponding toxic equivalency factor 

specified in table 3 of this subpart; and 

(4) Sum the products calculated in 

accordance with paragraph (g)(3) of this 

section to obtain the total concentration 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(h) Method 22 at 40 CFR part 60, 

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 8 of this 

subpart. 

(i) If you have an applicable opacity 

operating limit, you must determine 

compliance with the opacity limit using 

Method 9 at 40 CFR part 60, appendix 

A–4, based on three 1-hour blocks 

consisting of ten 6-minute average 

opacity values, unless you are required 

to install a continuous opacity 

monitoring system, consistent with 

§§ 60.2145 and 60.2165. 

(j) You must determine dioxins/furans 

total mass basis by following the 

procedures in paragraphs (j)(1) through 

(3) of this section: 

(1) Measure the concentration of each 

dioxin/furan tetra-through octachlorinated isomer emitted using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7; 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.); and 

(3) Sum the quantities measured in 

accordance with paragraphs (j)(1) and 

(2) of this section to obtain the total 

concentration of dioxins/furans emitted 

in terms of total mass basis. 

§ 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 8 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 a 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 8 of this 

subpart, to establish compliance with 

any opacity operating limit in § 60.2110, 

to establish the kiln-specific emission 

limit in § 60.2145(y), as applicable, and 

to establish operating limits using the 

procedures in §§ 60.2110 or 60.2115. 

The performance test must be 

conducted using the test methods listed 


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in table 1 of this subpart or tables 5 

through 8 of this subpart and the 

procedures in § 60.2125. The use of the 

bypass stack during a performance test 

shall invalidate the performance test. 

As an alternative to conducting a 

performance test, as required under 

§§ 60.2125 and 60.2105, you may use a 

30-day rolling average of the 1-hour 

arithmetic average CEMS data, 

including CEMS data during startup and 

shutdown as defined in this subpart, to 

determine compliance with the 

emission limitations in Table 1 of this 

subpart or tables 5 through 8 of this 

subpart. You must conduct a 

performance evaluation of each 

continuous monitoring system within 

180 days of installation of the 

monitoring system. The initial 

performance evaluation must be 

conducted prior to collecting CEMS data 

that will be used for the initial 

compliance demonstration. 

§ 60.2140 By what date must I conduct the 

initial performance test? 

(a) The initial performance test must 

be conducted within 60 days after your 

CISWI reaches the charge rate at which 

it will operate, but no later than 180 

days after its initial startup. 

(b) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility, and you conducted a 

test consistent with the provisions of 

this subpart while combusting the solid 

waste within the 6 months preceding 

the reintroduction of that solid waste in 

the combustion chamber, you do not 

need to retest until 6 months from the 

date you reintroduce that solid waste. 

(c) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you have not 

conducted a performance test consistent 

with the provisions of this subpart 

while combusting the solid waste 

within the 6 months preceding the 

reintroduction of that solid waste in the 

combustion chamber, you must conduct 

a performance test within 60 days from 

the date you reintroduce that solid 

waste. 

§ 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 

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) Compliance with standards. 

(1) The emission standards and 

operating requirements set forth in this 

subpart apply at all times; 

(2) If you cease combusting solid 

waste, you may opt to remain subject to 

the provisions of this subpart. 

Consistent with the definition of CISWI, 

you are subject to the requirements of 

this subpart at least 6 months following 

the last date of solid waste combustion. 

Solid waste combustion is ceased when 

solid waste is not in the combustion 

chamber (i.e., the solid waste feed to the 

combustor has been cut off for a period 

of time not less than the solid waste 

residence time); 

(3) If you cease combusting solid 

waste, you must be in compliance with 

any newly applicable standards on the 

effective date of the waste-to-fuel 

switch. The effective date of the wasteto-fuel switch is a date selected by you, 

that must be at least 6 months from the 

date that you ceased combusting solid 

waste, consistent with § 60.2145(a)(2). 

Your source must remain in compliance 

with this subpart until the effective date 

of the waste-to-fuel switch; 

(4) If you own or operate an existing 

commercial or industrial combustion 

unit that combusted a fuel or non-waste 

material, and you commence or 

recommence combustion of solid waste, 

you are subject to the provisions of this 

subpart as of the first day you introduce 

or reintroduce solid waste to the 

combustion chamber, and this date 

constitutes the effective date of the fuelto-waste switch. You must complete all 

initial compliance demonstrations for 

any section 112 standards that are 

applicable to your facility before you 

commence or recommence combustion 

of solid waste. You must provide 30 

days prior notice of the effective date of 

the waste-to-fuel switch. The 

notification must identify: 

(i) The name of the owner or operator 

of the CISWI, the location of the source, 

the emissions unit(s) that will cease 

burning solid waste, and the date of the 

notice; 

(ii) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

(iii) The fuel(s), non-waste material(s) 

and solid waste(s) the CISWI is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(iv) The date on which you became 

subject to the currently applicable 

emission limits; and 

(v) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

(a)(2) and (3) of this section. 

(5) All air pollution control 

equipment necessary for compliance 

with any newly applicable emissions 

limits which apply as a result of the 

cessation or commencement or 

recommencement of combusting solid 

waste must be installed and operational 

as of the effective date of the waste-tofuel, or fuel-to-waste switch. 

(6) All monitoring systems necessary 

for compliance with any newly 

applicable monitoring requirements 

which apply as a result of the cessation 

or commencement or recommencement 

of combusting solid waste must be 

installed and operational as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. All calibration and 

drift checks must be performed as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. Relative accuracy 

tests must be performed as of the 

performance test deadline for PM CEMS 

(if PM CEMS are elected to demonstrate 

continuous compliance with the 

particulate matter emission limits). 

Relative accuracy testing for other 

CEMS need not be repeated if that 

testing was previously performed 

consistent with Clean Air Act section 

112 monitoring requirements or 

monitoring requirements under this 

subpart. 

(b) You must conduct an annual 

performance test for the pollutants 

listed in table 1 of this subpart or tables 

5 through 8 of this subpart and opacity 

for each CISWI as required under 

§ 60.2125. The annual performance test 

must be conducted using the test 

methods listed in table 1 of this subpart 

or tables 5 through 8 of this subpart and 

the procedures in § 60.2125. Annual 

performance tests are not required if you 

use CEMS or continuous opacity 

monitoring systems to determine 

compliance. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.2110 or established under § 60.2115 

and as specified in § 60.2170. Use 3- 

hour block average values to determine 

compliance (except for baghouse leak 


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detection system alarms) unless a 

different averaging period is established 

under § 60.2115 or, for energy recovery 

units, where the averaging time for each 

operating parameter is a 30-day rolling, 

calculated each hour as the average of 

the previous 720 operating hours. 

Operation above the established 

maximum, below the established 

minimum, or outside the allowable 

range of operating limits specified in 

paragraph (a) of this section constitutes 

a deviation from your operating limits 

established under this subpart, except 

during performance tests conducted to 

determine compliance with the 

emission and operating limits or to 

establish new operating limits. 

Operating limits are confirmed or 

reestablished during performance tests. 

(d) You must burn only the same 

types of waste and fuels used to 

establish subcategory applicability (for 

energy recovery units) and operating 

limits during the performance test. 

(e) For energy recovery units, 

incinerators, and small remote units, 

you must perform an annual visual 

emissions test for ash handling. 

(f) For energy recovery units, you 

must conduct an annual performance 

test for opacity (except where 

particulate matter CEMS or continuous 

opacity monitoring systems are used are 

used) and the pollutants listed in table 

6 of this subpart. 

(g) You may elect to demonstrate 

initial and continuous compliance with 

the carbon monoxide emission limit 

using a carbon monoxide CEMS, as 

described in § 60.2165(o). 

(h) Coal and liquid/gas energy 

recovery units with average annual heat 

input rates greater than or equal to 250 

MMBtu/hr may elect to demonstrate 

initial and continuous compliance with 

the particulate matter emissions limit 

using a particulate matter CEMS 

according to the procedures in 

§ 60.2165(n) instead of the particulate 

matter continuous parameter monitoring 

system (CPMS) specified in § 60.2145. 

Coal and liquid/gas energy recovery 

units with annual average heat input 

rates less than 250 MMBtu/hr, 

incinerators, and small remote 

incinerators may also elect to 

demonstrate initial and continuous 

compliance using a particulate matter 

CEMS according to the procedures in 

§ 60.2165(n) instead of particulate 

matter testing with EPA Method 5 at 40 

CFR part 60, appendix A–3 and, if 

applicable, the continuous opacity 

monitoring requirements in paragraph 

(i) of this section. 

(i) For energy recovery units with 

annual average heat input rates greater 

than or equal to 10 MMBtu/hour and 

less than 250 MMBtu/hr that do not use 

a wet scrubber, fabric filter with bag 

leak detection system, an electrostatic 

precipitator, particulate matter CEMS, 

or particulate matter CPMS, you must 

install, operate, certify and maintain a 

continuous opacity monitoring system 

(COMS) according to the procedures in 

§ 60.2165(m). 

(j) For waste-burning kilns, you must 

conduct an annual performance test for 

cadmium, lead, carbon monoxide, 

dioxins/furans and hydrogen chloride as 

listed in Table 7 of this subpart, unless 

you choose to demonstrate initial and 

continuous compliance using CEMS, as 

allowed in paragraph (u) of this section. 

If you do not use an acid gas wet 

scrubber or dry scrubber, you must 

determine compliance with the 

hydrogen chloride emissions limit using 

a HCl CEMS according to the 

requirements in paragraph (j)(1) of this 

section. You must determine 

compliance with the mercury emissions 

limit using a mercury CEMS or an 

integrated sorbent trap monitoring 

system according to paragraph (j)(2) of 

this section. You must determine 

compliance with nitrogen oxides and 

sulfur dioxide using CEMS. You must 

determine compliance with particulate 

matter using CPMS. 

(1) If you monitor compliance with 

the HCl emissions limit by operating an 

HCl CEMS, you must do so in 

accordance with Performance 

Specification 15 (PS 15) of appendix B 

to 40 CFR part 60 or PS 18 of appendix 

B to 40 CFR part 60. You must operate, 

maintain, and quality assure a HCl 

CEMS installed and certified under PS 

15 according to the quality assurance 

requirements in Procedure 1 of 

appendix F to 40 CFR part 60 except 

that the Relative Accuracy Test Audit 

requirements of Procedure 1 must be 

replaced with the validation 

requirements and criteria of sections 

11.1.1 and 12.0 of PS 15. You must 

operate, maintain and quality assure a 

HCl CEMS installed and certified under 

PS 18 according to the quality assurance 

requirements in Procedure 6 of 

appendix F to 40 CFR part 60. For any 

performance specification that you use, 

you must use Method 321 of appendix 

A to 40 CFR part 63 as the reference test 

method for conducting relative accuracy 

testing. The span value and calibration 

requirements in paragraphs (j)(1)(i) and 

(ii) of this section apply to all HCl 

CEMS used under this subpart: 

(i) You must use a measurement span 

value for any HCl CEMS of 0–10 ppmvw 

unless the monitor is installed on a kiln 

without an inline raw mill. Kilns 

without an inline raw mill may use a 

higher span value sufficient to quantify 

all expected emissions concentrations. 

The HCl CEMS data recorder output 

range must include the full range of 

expected HCl concentration values 

which would include those expected 

during ‘‘mill off’’ conditions. The 

corresponding data recorder range shall 

be documented in the site-specific 

monitoring plan and associated records; 

(ii) In order to quality assure data 

measured above the span value, you 

must use one of the three options in 

paragraphs (j)(1)(ii)(A) through (C) of 

this section: 

(A) Include a second span that 

encompasses the HCl emission 

concentrations expected to be 

encountered during ‘‘mill off’’ 

conditions. This second span may be 

rounded to a multiple of 5 ppm of total 

HCl. The requirements of the 

appropriate HCl monitor performance 

specification shall be followed for this 

second span with the exception that a 

RATA with the mill off is not required; 

(B) Quality assure any data above the 

span value by proving instrument 

linearity beyond the span value 

established in paragraph (j)(1)(i) of this 

section using the following procedure. 

Conduct a weekly ‘‘above span 

linearity’’ calibration challenge of the 

monitoring system using a reference gas 

with a certified value greater than your 

highest expected hourly concentration 

or greater than 75% of the highest 

measured hourly concentration. The 

‘‘above span’’ reference gas must meet 

the requirements of the applicable 

performance specification and must be 

introduced to the measurement system 

at the probe. Record and report the 

results of this procedure as you would 

for a daily calibration. The ‘‘above span 

linearity’’ challenge is successful if the 

value measured by the HCl CEMS falls 

within 10 percent of the certified value 

of the reference gas. If the value 

measured by the HCl CEMS during the 

above span linearity challenge exceeds 

10 percent of the certified value of the 

reference gas, the monitoring system 

must be evaluated and repaired and a 

new ‘‘above span linearity’’ challenge 

met before returning the HCl CEMS to 

service, or data above span from the HCl 

CEMS must be subject to the quality 

assurance procedures established in 

(j)(1)(ii)(D) of this section. In this 

manner values measured by the HCl 

CEMS during the above span linearity 

challenge exceeding +/-20 percent of the 

certified value of the reference gas must 

be normalized using equation 6; 

(C) Quality assure any data above the 

span value established in paragraph 

(j)(1)(i) of this section using the 

following procedure. Any time two 

consecutive one-hour average measured 


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concentration of HCl exceeds the span 

value you must, within 24 hours before 

or after, introduce a higher, ‘‘above 

span’’ HCl reference gas standard to the 

HCl CEMS. The ‘‘above span’’ reference 

gas must meet the requirements of the 

applicable performance specification 

and target a concentration level between 

50 and 150 percent of the highest 

expected hourly concentration 

measured during the period of 

measurements above span, and must be 

introduced at the probe. While this 

target represents a desired concentration 

range that is not always achievable in 

practice, it is expected that the intent to 

meet this range is demonstrated by the 

value of the reference gas. Expected 

values may include above span 

calibrations done before or after the 

above-span measurement period. Record 

and report the results of this procedure 

as you would for a daily calibration. The 

‘‘above span’’ calibration is successful if 

the value measured by the HCl CEMS is 

within 20 percent of the certified value 

of the reference gas. If the value 

measured by the HCl CEMS is not 

within 20 percent of the certified value 

of the reference gas, then you must 

normalize the stack gas values measured 

above span as described in paragraph 

(j)(1)(ii)(D) of this section. If the ‘‘above 

span’’ calibration is conducted during 

the period when measured emissions 

are above span and there is a failure to 

collect the one data point in an hour 

due to the calibration duration, then you 

must determine the emissions average 

for that missed hour as the average of 

hourly averages for the hour preceding 

the missed hour and the hour following 

the missed hour. In an hour where an 

‘‘above span’’ calibration is being 

conducted and one or more data points 

are collected, the emissions average is 

represented by the average of all valid 

data points collected in that hour; 

(D) In the event that the ‘‘above span’’ 

calibration is not successful (i.e., the 

HCl CEMS measured value is not within 

20 percent of the certified value of the 

reference gas), then you must normalize 

the one-hour average stack gas values 

measured above the span during the 24- 

hour period preceding or following the 

‘‘above span’’ calibration for reporting 

based on the HCl CEMS response to the 

reference gas as shown in equation 6: 

Only one ‘‘above span’’ calibration is 

needed per 24-hour period. 

(2) Compliance with the mercury 

emissions limit must be determined 

using a mercury CEMS or integrated 

sorbent trap monitoring system 

according to the following requirements: 

(i) You must operate a mercury CEMS 

system in accordance with performance 

specification 12A of 40 CFR part 60, 

appendix B or an integrated sorbent trap 

monitoring system in accordance with 

performance specification 12B of 40 

CFR part 60, appendix B; these 

monitoring systems must be quality 

assured according to procedure 5 of 40 

CFR 60, Appendix F. For the purposes 

of emissions calculations when using an 

integrated sorbent trap monitoring 

system, the mercury concentration 

determined for each sampling period 

must be assigned to each hour during 

the sampling period. If you choose to 

comply with the production-rate based 

mercury limit for your waste-burning 

kiln, you must also monitor hourly 

clinker production and determine the 

hourly mercury emissions rate in 

pounds per million ton of clinker 

produced. You must demonstrate 

compliance with the mercury emissions 

limit using a 30-day rolling average of 

these 1-hour mercury concentrations or 

mass emissions rates, including CEMS 

and integerated sorbent trap monitoring 

system data during startup and 

shutdown as defined in this subpart, 

calculated using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 at 40 CFR part 60, Appendix A–7 of 

this part. Integerated sorbent trap 

monitoring system and CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content; 

(ii) Owners or operators using a 

mercury CEMS or integrated sorbent 

trap monitoring system to determine 

mass emission rate must install, operate, 

calibrate, and maintain an instrument 

for continuously measuring and 

recording the mercury mass emissions 

rate to the atmosphere according to the 

requirements of performance 

specification 6 of 40 CFR part 60, 

Appendix B, and conducting an annual 

relative accuracy test of the continuous 

emission rate monitoring system 

according to section 8.2 of performance 

specification 6; and 

(iii) The owner or operator of a wasteburning kiln must demonstrate initial 

compliance by operating a mercury 

CEMS or integrated sorbent trap 

monitoring system while the raw mill of 

the in-line kiln/raw mill is operating 

under normal conditions and including 

at least one period when the raw mill is 

off. 

(k) 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; and 

(2) Develop a site-specific monitoring 

plan according to the requirements in 

paragraph (l) of this section. This 

requirement also applies to you if you 

petition the EPA Administrator for 

alternative monitoring parameters under 

§ 60.13(i). 

(l) For each continuous monitoring 

system required in this section, you 

must develop and submit to the EPA 

Administrator for approval a sitespecific monitoring plan according to 

the requirements of this paragraph (l) 

that addresses paragraphs (l)(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; and 

(vi) Ongoing recordkeeping and 

reporting procedures in accordance with 


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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 site-specific monitoring plan. 

(3) You must operate and maintain 

the continuous monitoring system in 

continuous operation according to the 

site-specific monitoring plan. 

(m) If you have an operating limit that 

requires the use of a flow monitoring 

system, you must meet the requirements 

in paragraphs (l) and (m)(1) through (4) 

of this section: 

(1) Install the flow sensor and other 

necessary equipment in a position that 

provides a representative flow; 

(2) Use a flow sensor with a 

measurement sensitivity at full scale of 

no greater than 2 percent; 

(3) Minimize the effects of swirling 

flow or abnormal velocity distributions 

due to upstream and downstream 

disturbances; and 

(4) Conduct a flow monitoring system 

performance evaluation in accordance 

with your monitoring plan at the time 

of each performance test but no less 

frequently than annually. 

(n) If you have an operating limit that 

requires the use of a pressure 

monitoring system, you must meet the 

requirements in paragraphs (l) and (n)(1) 

through (6) of this section: 

(1) Install the pressure sensor(s) in a 

position that provides a representative 

measurement of the pressure (e.g., PM 

scrubber pressure drop); 

(2) Minimize or eliminate pulsating 

pressure, vibration, and internal and 

external corrosion; 

(3) Use a pressure sensor with a 

minimum tolerance of 1.27 centimeters 

of water or a minimum tolerance of 1 

percent of the pressure monitoring 

system operating range, whichever is 

less; 

(4) Perform checks at the frequency 

outlined in your site-specific monitoring 

plan to ensure pressure measurements 

are not obstructed (e.g., check for 

pressure tap plugging daily); 

(5) Conduct a performance evaluation 

of the pressure monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than annually; and 

(6) If at any time the measured 

pressure exceeds the manufacturer’s 

specified maximum operating pressure 

range, conduct a performance 

evaluation of the pressure monitoring 

system in accordance with your 

monitoring plan and confirm that the 

pressure monitoring system continues to 

meet the performance requirements in 

your monitoring plan. Alternatively, 

install and verify the operation of a new 

pressure sensor. 

(o) If you have an operating limit that 

requires a pH monitoring system, you 

must meet the requirements in 

paragraphs (l) and (o)(1) through (4) of 

this section: 

(1) Install the pH sensor in a position 

that provides a representative 

measurement of scrubber effluent pH; 

(2) Ensure the sample is properly 

mixed and representative of the fluid to 

be measured; 

(3) Conduct a performance evaluation 

of the pH monitoring system in 

accordance with your monitoring plan 

at least once each process operating day; 

and 

(4) Conduct a performance evaluation 

(including a two-point calibration with 

one of the two buffer solutions having 

a pH within 1 of the pH of the operating 

limit) of the pH monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than quarterly. 

(p) If you have an operating limit that 

requires a secondary electric power 

monitoring system for an electrostatic 

precipitator, you must meet the 

requirements in paragraphs (l) and (p)(1) 

and (2) of this section: 

(1) Install sensors to measure 

(secondary) voltage and current to the 

precipitator collection plates; and 

(2) Conduct a performance evaluation 

of the electric power monitoring system 

in accordance with your monitoring 

plan at the time of each performance 

test but no less frequently than 

annually. 

(q) If you have an operating limit that 

requires the use of a monitoring system 

to measure sorbent injection rate (e.g., 

weigh belt, weigh hopper, or hopper 

flow measurement device), you must 

meet the requirements in paragraphs (l) 

and (q)(1) and (2) of this section: 

(1) Install the system in a position(s) 

that provides a representative 

measurement of the total sorbent 

injection rate; and 

(2) Conduct a performance evaluation 

of the sorbent injection rate monitoring 

system in accordance with your 

monitoring plan at the time of each 

performance test but no less frequently 

than annually. 

(r) 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 (l) and (r)(1) through (5) of 

this section: 

(1) Install a bag leak detection 

sensor(s) in a position(s) that will be 

representative of the relative or absolute 

particulate matter loadings for each 

exhaust stack, roof vent, or 

compartment (e.g., for a positive 

pressure fabric filter) of the fabric filter; 

(2) Use a bag leak detection system 

certified by the manufacturer to be 

capable of detecting particulate matter 

emissions at concentrations of 10 

milligrams per actual cubic meter or 

less; 

(3) Conduct a performance evaluation 

of the bag leak detection system in 

accordance with your monitoring plan 

and consistent with the guidance 

provided in EPA–454/R–98–015 

(incorporated by reference, see § 60.17); 

(4) Use a bag leak detection system 

equipped with a device to continuously 

record the output signal from the sensor; 

and 

(5) Use a bag leak detection system 

equipped with a system that will sound 

an alarm when an increase in relative 

particulate matter emissions over a 

preset level is detected. The alarm must 

be located where it is observed readily 

by plant operating personnel. 

(s) For facilities using a CEMS to 

demonstrate initial and continuous 

compliance with the sulfur dioxide 

emission limit, compliance with the 

sulfur dioxide emission limit may be 

demonstrated by using the CEMS 

specified in § 60.2165(l) to measure 

sulfur dioxide. The sulfur dioxide 

CEMS must follow the procedures and 

methods specified in paragraph (s) of 

this section. For sources that have actual 

inlet emissions less than 100 parts per 

million dry volume, the relative 

accuracy criterion for inlet sulfur 

dioxide CEMS 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 CEMS, 

whichever is greater: 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 in appendix 

B of this part, collect sulfur dioxide and 

oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(s)(1)(i) and (ii) of this section: 

(i) For sulfur dioxide, EPA Reference 

Method 6 or 6C, or as an alternative 

ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see § 60.17) 

must be used; and 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, or as 

an alternative ANSI/ASME PTC 19.10– 

1981 (incorporated by reference, see 

§ 60.17), must be used. 


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(2) The span value of the CEMS 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 subpart. The span value of the 

CEMS 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 subpart. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(t) For facilities using a CEMS to 

demonstrate initial and continuous 

compliance with the nitrogen oxides 

emission limit, compliance with the 

nitrogen oxides emission limit may be 

demonstrated by using the CEMS 

specified in § 60.2165 to measure 

nitrogen oxides. The nitrogen oxides 

CEMS must follow the procedures and 

methods specified in paragraphs (t)(1) 

through (4) of this section: 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 of appendix 

B of this part, collect nitrogen oxides 

and oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(t)(1)(i) and (ii) of this section: 

(i) For nitrogen oxides, EPA Reference 

Method 7 or 7E at 40 CFR part 60, 

appendix A–4 must be used; and 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B at 40 

CFR part 60, appendix A–3, or as an 

alternative ANSI/ASME PTC 19– 

10.1981 (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) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(4) 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 (t)(4)(i) through (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 

3A or 3B, or as an alternative ANSI/ 

ASME PTC 19.10–1981 (incorporated by 

reference, see § 60.17), as applicable, 

must be used to determine the oxygen 

concentration at the same location as 

the carbon dioxide monitor; 

(ii) Samples must be taken for at least 

30 minutes in each hour; 

(iii) Each sample must represent a 1- 

hour average; and 

(iv) A minimum of three runs must be 

performed. 

(u) For facilities using a CEMS or an 

integrated sorbent trap monitoring 

system for mercury to demonstrate 

initial and continuouscompliance 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 30- 

day rolling average of 1-hour arithmetic 

average emission concentrations, 

including CEMS or integrated sorbent 

trap monitoring systems data during 

startup and shutdown as defined in this 

subpart, calculated using equation 19– 

19 in section 12.4.1 of EPA Reference 

Method 19 at appendix A–7 of this part. 

The 1-hour arithmetic averages for 

CEMS must be calculated using the data 

points required under § 60.13(e)(2). 

Except for CEMS or integrated sorbent 

trap monitoring systems data during 

startup and shutdown, the 1-hour 

arithmetic averages used to calculate the 

30-day rolling average emission 

concentrations must be corrected to 7 

percent oxygen (dry basis). Integrated 

sorbent trap monitoring systems or 

CEMS data during startup and 

shutdown, as defined in the subpart, are 

not corrected to 7 percent oxygen, and 

are measured at stack oxygen content; 

and 

(2) Operate all CEMS and integrated 

sorbent trap monitoring systems in 

accordance with the applicable 

procedures under appendices B and F of 

this part. 

(v) Use of the bypass stack at any time 

is an emissions standards deviation for 

particulate matter, HCl, Pb, Cd, Hg, 

NOX, SO2, and dioxin/furans. 

(w) For energy recovery units with a 

design heat input capacity of 100 

MMBtu per hour or greater that do not 

use a carbon monoxide CEMS, you must 

install, operate, and maintain a oxygen 

analyzer system as defined in § 60.2265 

according to the procedures in 

paragraphs (w)(1) through (4) of this 

section: 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2140; 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (w)(3) of this section at all 

times; 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen is not below 

the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test; and 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(x) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (x)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure): 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with paragraphs (l) and 

(x)(1)(i) through (iii) of this section: 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation detection of the exhaust 

gas or representative sample. The 

reportable measurement output from the 

PM CPMS must be expressed as 

milliamps or the digital signal 

equivalent; 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes; and 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2110. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 


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or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or their digital equivalent). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (x)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit. Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under paragraph (x) of this 

section; and 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(y) When there is an alkali bypass 

and/or an in-line coal mill that exhaust 

emissions through a separate stack(s), 

the combined emissions are subject to 

the emission limits applicable to wasteburning kilns. To determine the kilnspecific emission limit for 

demonstrating compliance, you must: 

(1) Calculate a kiln-specific emission 

limit using equation 8: 

Where: 

Cks = Kiln stack concentration (ppmvd, mg/ 

dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2.) 

Qab = Alkali bypass flow rate (volume/hr) 

Cab = Alkali bypass concentration (ppmvd, 

mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qcm = In-line coal mill flow rate (volume/hr) 

Ccm = In-line coal mill concentration (ppmvd, 

mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qks = Kiln stack flow rate (volume/hr) 

(2) Particulate matter concentration 

must be measured downstream of the 

in-line coal mill. All other pollutant 

concentrations must be measured either 

upstream or downstream of the in-line 

coal mill; and 

(3) For purposes of determining the 

combined emissions from kilns 

equipped with an alkali bypass or that 

exhaust kiln gases to a coal mill that 

exhausts through a separate stack, 

instead of installing a CEMS or PM 

CPMS on the alkali bypass stack or inline coal mill stack, the results of the 

initial and subsequent performance test 

can be used to demonstrate compliance 

with the relevant emissions limit. A 

performance test must be conducted on 

an annual basis (between 11 and 13 

calendar months following the previous 

performance test). 

§ 60.2150 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests between 11 and 13 

months of the previous performance 

test. 

§ 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 must conduct annual 

performance tests according to the 

schedule specified in § 60.2150, with 

the following exceptions: 

(1) You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits, as 

specified in § 60.2160. New operating 

limits become effective on the date that 

the performance test report is submitted 

to the EPA’s Central Data Exchange or 

postmarked, per the requirements of 

§ 60.2235(b). The Administrator may 

request a repeat performance test at any 

time; 

(2) You must repeat the performance 

test within 60 days of a process change, 

as defined in § 60.2265; 

(3) You can conduct performance tests 

less often if you meet the following 

conditions: Your performance tests for 

the pollutant for at least 2 consecutive 

years demonstrates that the emission 

level for the pollutant is no greater than 


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the emission level specified in 

paragraph (a)(3)(i) or (a)(3)(ii) of this 

section, as applicable; there are no 

changes in the operation of the affected 

source or air pollution control 

equipment that could increase 

emissions; and you are not required to 

conduct a performance test for the 

pollutant in response to a request by the 

Administrator in paragraph (a)(1) of this 

section or a process change in paragraph 

(a)(2) of this section. 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 

for the pollutant during the third year 

and no more than 37 months following 

the previous performance test for the 

pollutant. If the emission level for your 

CISWI continues to meet the emission 

level specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

you may choose to conduct performance 

tests for the pollutant every third year, 

as long as there are no changes in the 

operation of the affected source or air 

pollution control equipment that could 

increase emissions. Each such 

performance test must be conducted no 

more than 37 months after the previous 

performance test. 

(i) For particulate matter, hydrogen 

chloride, mercury, nitrogen oxides, 

sulfur dioxide, cadmium, lead and 

dioxins/furans, the emission level equal 

to 75 percent of the applicable emission 

limit in table 1 or tables 5 through 8 of 

this subpart, as applicable; and 

(ii) For fugitive emissions, visible 

emissions (of combustion ash from the 

ash conveying system) for 2 percent of 

the time during each of the three 1-hour 

observations periods. 

(4) If you are conducting less frequent 

testing for a pollutant as provided in 

paragraph (a)(3) of this section and a 

subsequent performance test for the 

pollutant indicates that your CISWI 

does not meet the emission level 

specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

you must conduct annual performance 

tests for the pollutant according to the 

schedule specified in paragraph (a) of 

this section until you qualify for less 

frequent testing for the pollutant as 

specified in paragraph (a)(3) of this 

section. 

(b) [Reserved] 

§ 60.2160 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. 

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 

and you do not use a PM CPMS or PM 

CEMS for monitoring PM compliance, 

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 alert automatically an operator 

when an increase in relative particulate 

matter emissions over a preset level is 

detected. The alarm must be located 

where it is observed easily 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; and 

(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, an 

electrostatic precipitator, or a dry 

scrubber 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) or the minimum reagent 

flow rate measured as 3-hour block 

averages at all times; and 

(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 and you 

do not use a PM CPMS for monitoring 

PM compliance, you must monitor the 

secondary power to 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) For waste-burning kilns not 

equipped with a wet scrubber or dry 

scrubber, you must install, calibrate, 

maintain, and operate a CEMS for 

monitoring hydrogen chloride emissions 

discharged to the atmosphere, as 

specified in § 60.2145(j), and record the 

output of the system. You may 

substitute use of a HCl CEMS for 

conducting the HCl initial and annual 

testing with EPA Method 321 at 40 CFR 

part 63, appendix A. For units other 

than waste-burning kilns not equipped 


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with a wet scrubber or dry scrubber, a 

facility may substitute use of a hydrogen 

chloride CEMS for conducting the 

hydrogen chloride initial and annual 

performance test, monitoring the 

minimum hydrogen chloride sorbent 

flow rate, monitoring the minimum 

scrubber liquor pH, and monitoring 

minimum injection rate. 

(h) To demonstrate compliance with 

the particulate matter emissions limit, a 

facility may substitute use of a 

particulate matter CEMS for conducting 

the PM initial and annual performance 

test and using other CMS for monitoring 

PM compliance (e.g., bag leak detectors, 

ESP secondary power, PM scrubber 

pressure). 

(i) To demonstrate initial and 

continuous compliance with the dioxin/ 

furan emissions limit, a facility may 

substitute use of a continuous 

automated sampling system for the 

dioxin/furan initial and annual 

performance tests. You must record the 

output of the system and analyze the 

sample according to EPA Method 23 at 

40 CFR part 60, 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 at 40 CFR part 60, 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). A facility may 

substitute continuous dioxin/furan 

monitoring for the minimum sorbent 

flow rate, if activated carbon sorbent 

injection is used solely for compliance 

with the dioxin/furan emission limit. 

(j) To demonstrate initial and 

continuous compliance with the 

mercury emissions limit, a facility may 

substitute use of a mercury CEMS or an 

integrated sorbent trap monitoring 

system for the mercury initial and 

annual performance test. The owner or 

operator who elects to continuously 

measure mercury emissions instead of 

sampling and testing using EPA 

Reference Method 29 or 30B at 40 CFR 

part 60, appendix A–8, ASTM D6784– 

02 (Reapproved 2008) (incorporated by 

reference, see § 60.17), or an approved 

alternative method for measuring 

mercury emissions, must install, 

calibrate, maintain, and operate the 

mercury CEMS or integrated sorbent 

trap monitoring system and must 

comply with performance specification 

12A or performance specification 12B, 

respectively, and quality assurance 

procedure 5. For the purposes of 

emissions calculations when using an 

integrated sorbent trap monitoring 

system, the mercury concentration 

determined for each sampling period 

must be assigned to each hour during 

the sampling period. A facility may 

substitute continuous mercury 

monitoring for monitoring the minimum 

sorbent flow rate, if activated carbon 

sorbent injection is used solely for 

compliance with the mercury emission 

limit. Waste-burning kilns must install, 

calibrate, maintain, and operate a 

mercury CEMS or an integrated sorbent 

trap monitoring system as specified in 

§ 60.2145(j). 

(k) To demonstrate initial and 

continuous compliance with the 

nitrogen oxides emissions limit, a 

facility may substitute use of a CEMS for 

the nitrogen oxides initial and annual 

performance test to demonstrate 

compliance with the nitrogen oxides 

emissions limits and monitoring the 

charge rate, secondary chamber 

temperature, and reagent flow for 

selective noncatalytic reduction, if 

applicable: 

(1) Install, calibrate, maintain, and 

operate a CEMS 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 CEMS; and 

(2) Compliance with the emission 

limit for nitrogen oxides must be 

determined based on the 30-day rolling 

average of the hourly emission 

concentrations using CEMS outlet data, 

as outlined in § 60.2145(u). 

(l) To demonstrate initial and 

continuous compliance with the sulfur 

dioxide emissions limit, a facility may 

substitute use of a CEMS for the sulfur 

dioxide initial and annual performance 

test to demonstrate compliance with the 

sulfur dioxide emissions limits: 

(1) Install, calibrate, maintain, and 

operate a CEMS 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 CEMS; and 

(2) Compliance with the sulfur 

dioxide emission limit shall be 

determined based on the 30-day rolling 

average of the hourly arithmetic average 

emission concentrations using CEMS 

outlet data, as outlined in § 60.2145(u). 

(m) For energy recovery units over 10 

MMBtu/hr but less than 250 MMBtu/hr 

annual average heat input rates that do 

not use a wet scrubber, fabric filter with 

bag leak detection system, an 

electrostatic precipitator, particulate 

matter CEMS, or particulate matter 

CPMS 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 CEMS 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(f): 

(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); and 

(5) Determine and record all the 6- 

minute averages (and 1-hour block 

averages as applicable) collected. 

(n) For coal and liquid/gas energy 

recovery units, incinerators, and small 

remote incinerators, an owner or 

operator may elect to install, calibrate, 

maintain, and operate a CEMS 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 at 40 CFR part 60, appendix A–3 or 

monitoring with a particulate matter 

CPMS according to paragraph (r) of this 

section, must install, calibrate, 

maintain, and operate a PM CEMS and 

must comply with the requirements 

specified in paragraphs (n)(1) through 

(10) of this section: 

(1) The PM CEMS must be installed, 

evaluated, and operated in accordance 

with the requirements of performance 


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specification 11 of appendix B of this 

part and quality assurance requirements 

of procedure 2 of appendix F of this part 

and § 60.13. Use Method 5 or Method 5I 

of Appendix A of this part for the PM 

CEMS correlation testing; 

(2) 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; 

(3) 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(t)(4)(i) through (iv); 

(4) The owner or operator of an 

affected facility must conduct an initial 

performance test for particulate matter 

emissions. If PM CEMS are elected for 

demonstrating compliance, and the 

initial performance test has not yet been 

conducted, then initial compliance must 

be determined by using the CEMS 

specified in paragraph (n) of this section 

to measure particulate matter. You must 

calculate a 30-day rolling average of 1- 

hour arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown, as 

defined in this subpart, using equation 

19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7; 

(5) Continuous compliance with the 

particulate matter emission limit must 

be determined based on the 30-day 

rolling average calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7 from the 1-hour 

arithmetic average CEMS outlet data; 

(6) At a minimum, valid continuous 

monitoring system hourly averages must 

be obtained as specified in § 60.2170(e); 

(7) The 1-hour arithmetic averages 

required under paragraph (n)(5) 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 30-day rolling 

average emission concentrations. CEMS 

data during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content. The 

1-hour arithmetic averages must be 

calculated using the data points 

required under § 60.13(e)(2); 

(8) All valid CEMS data must be used 

in calculating average emission 

concentrations even if the minimum 

CEMS data requirements of paragraph 

(n)(6) of this section are not met. 

(9) The CEMS must be operated 

according to performance specification 

11 in appendix B of this part; and, 

(10) Quarterly and yearly accuracy 

audits and daily drift, system optics, 

and sample volume checks must be 

performed in accordance with 

procedure 2 in appendix F of this part. 

(o) To demonstrate initial and 

continuous compliance with the carbon 

monoxide emissions limit, you may 

substitute use of a CEMS for the carbon 

monoxide initial and annual 

performance test: 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring carbon 

monoxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 4A or 4B 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 CEMS; and 

(2) Compliance with the carbon 

monoxide emission limit shall be 

determined based on the 30-day rolling 

average of the hourly arithmetic average 

emission concentrations, including 

CEMS data during startup and 

shutdown as defined in this subpart, 

using CEMS outlet data, as outlined in 

§ 60.2145(u). 

(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. 

(q) For energy recovery units with a 

design heat input capacity of 100 

MMBtu per hour or greater that do not 

use a carbon monoxide CEMS, you must 

install, operate, and maintain a oxygen 

analyzer system as defined in § 60.2265 

according to the procedures in 

paragraphs (q)(1) through (4) of this 

section: 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2140; 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (q)(3) of this section at all 

times; 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen according to 

paragraph (q)(4) of this section is not 

below the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test; and 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(r) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (r)(1) 

through (8) of this section. If you elect 

to use a particulate matter CEMS as 

specified in paragraph (n) of this 

section, you are not required to use a 

PM CPMS to monitor particulate matter 

emissions. For other energy recovery 

units, you may elect to use PM CPMS 

operated in accordance with this 

section. PM CPMS are suitable in lieu of 

using other CMS for monitoring PM 

compliance (e.g., bag leak detectors, ESP 

secondary power, PM scrubber 

pressure): 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with § 60.2145(l) and 

paragraphs (r)(1)(i) through (iii) of this 

section: 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation detection of PM in the 

exhaust gas or representative sample. 

The reportable measurement output 

from the PM CPMS must be expressed 

as milliamps or a digital signal 

equivalent; 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes; and 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentration increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2110. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 


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(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or digital bits). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (r)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); and 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit and to verify the 

operation of the emissions control 

device(s). Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under this paragraph; and 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(s) If you use a dry scrubber to comply 

with the emission limits of this subpart, 

you must monitor the injection rate of 

each sorbent and maintain the 3-hour 

block averages at or above the operating 

limits established during the hydrogen 

chloride performance test. 

(t) If you are required to monitor 

clinker production because you comply 

with the production-rate based mercury 

limit for your waste-burning kiln, you 

must: 

(1) Determine hourly clinker 

production by one of two methods: 

(i) Install, calibrate, maintain, and 

operate a permanent weigh scale system 

to measure and record weight rates in 

tons-mass per hour of the amount of 

clinker produced. The system of 

measuring hourly clinker production 

must be maintained within ±5 percent 

accuracy, or 

(ii) Install, calibrate, maintain, and 

operate a permanent weigh scale system 

to measure and record weight rates in 

tons-mass per hour of the amount of 

feed to the kiln. The system of 

measuring feed must be maintained 

within ±5 percent accuracy. Calculate 

your hourly clinker production rate 

using a kiln-specific feed to clinker ratio 

based on reconciled clinker production 

determined for accounting purposes and 

recorded feed rates. Update this ratio 

monthly. Note that if this ratio changes 

at clinker reconciliation, you must use 

the new ratio going forward, but you do 

not have to retroactively change clinker 

production rates previously estimated. 

(2) Determine the accuracy of the 

system of measuring hourly clinker 

production (or feed mass flow if 

applicable) before the effective date and 

during each quarter of source operation. 

(3) Conduct accuracy checks in 

accordance with the procedures 

outlined in your site-specific monitoring 

plan under § 60.2145(l). 

§ 60.2170 Is there a minimum amount of 

monitoring data I must obtain? 

For each continuous monitoring 

system required or optionally allowed 

under § 60.2165, you must collect data 

according to this section: 

(a) You must operate the monitoring 

system and collect data at all required 

intervals at all times compliance is 

required except for periods of 

monitoring system malfunctions or outof-control periods, repairs associated 

with monitoring system malfunctions or 

out-of-control periods (as specified in 

60.2210(o)), and required monitoring 

system quality assurance or quality 

control activities (including, as 

applicable, calibration checks and 

required zero and span adjustments). A 

monitoring system malfunction is any 

sudden, infrequent, not reasonably 

preventable failure of the monitoring 

system to provide valid data. 

Monitoring system failures that are 

caused in part by poor maintenance or 

careless operation are not malfunctions. 

You are required to effect monitoring 

system repairs in response to 

monitoring system malfunctions or outof-control periods and to return the 

monitoring system to operation as 

expeditiously as practicable; 

(b) You may not use data recorded 

during monitoring system malfunctions 

or out-of-control periods, repairs 

associated with monitoring system 

malfunctions or out-of-control periods, 

or required monitoring system quality 

assurance or control activities in 

calculations used to report emissions or 

operating levels. You must use all the 

data collected during all other periods, 

including data normalized for above 

scale readings, in assessing the 

operation of the control device and 

associated control system; and 

(c) Except for periods of monitoring 

system malfunctions or out-of-control 

periods, repairs associated with 

monitoring system malfunctions or outof-control periods, and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments, 

failure to collect required data is a 

deviation of the monitoring 

requirements. 


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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 (x) of this 

section for a period of at least 5 years: 

(a) Calendar date of each record; and 

(b) Records of the data described in 

paragraphs (b)(1) through (7) of this 

section: 

(1) The CISWI 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 CISWIs that establish 

operating limits for controls other than 

wet scrubbers under § 60.2110(d) 

through (g) or § 60.2115, you must 

maintain data collected for all operating 

parameters used to determine 

compliance with the operating limits. 

For energy recovery units using 

activated carbon injection or a dry 

scrubber, you must also maintain 

records of the load fraction and 

corresponding sorbent injection rate 

records; 

(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); 

(7) If you monitor clinker production 

in accordance with § 60.2165(t): 

(i) Hourly clinker rate produced if 

clinker production is measured directly; 

(ii) Hourly measured kiln feed rates 

and calculated clinker production rates 

if clinker production is not measured 

directly; 

(iii) 30-day rolling averages for 

mercury in pounds per million tons of 

clinker produced; 

(iv) The initial and quarterly accuracy 

of the system of measruing hourly 

clinker production (or feed mass flow). 

(c)–(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 (g) 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; 

(h) Records showing the names of 

CISWI 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 subject 

to the emissions limits in table 1 of this 

subpart or tables 5 through 8 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. If you 

monitor emissions with a CEMS, you 

must indicate which data are CEMS data 

during startup and shutdown: 

(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 1-hour average concentrations 

of particulate matter emissions; 

(6) All 1-hour average concentrations 

of mercury emissions; 

(7) All 1-hour average concentrations 

of HCl CEMS outputs; 

(8) All 1-hour average percent oxygen 

concentrations; and 

(9) All 1-hour average PM CPMS 

readings or particulate matter CEMS 

outputs; 

(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. 

(v) For operating units that combust 

non-hazardous secondary materials that 

have been determined not to be solid 

waste pursuant to § 241.3(b)(1) of this 

chapter, you must keep a record which 

documents how the secondary material 

meets each of the legitimacy criteria 

under § 241.3(d)(1). If you combust a 

fuel that has been processed from a 

discarded non-hazardous secondary 

material pursuant to § 241.3(b)(4) of this 

chapter, you must keep records as to 

how the operations that produced the 

fuel satisfies the definition of processing 

in § 241.2 and each of the legitimacy 

criteria of § 241.3(d)(1) of this chapter. 

If the fuel received a non-waste 


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determination pursuant to the petition 

process submitted under § 241.3(c) of 

this chapter, you must keep a record 

that documents how the fuel satisfies 

the requirements of the petition process. 

For operating units that combust nonhazardous secondary materials as fuel 

per § 241.4, you must keep records 

documenting that the material is a listed 

non-waste under § 241.4(a). 

(w) Records of the criteria used to 

establish that 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)) and that the 

waste material the unit is proposed to 

burn is homogeneous. 

(x) Records of the criteria used to 

establish that the unit qualifies as a 

cogeneration facility under section 

3(18)(B) of the Federal Power Act (16 

U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is 

homogeneous. 

§ 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; 

and 

(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 sitespecific operating limits under 

§ 60.2115; and 

(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; and 

(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 (30-day average for energy 

recovery units), 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) For each performance test 

conducted during the reporting period, 

if any performance test is conducted, 

the process unit(s) tested, the 

pollutant(s) tested and the date that 

such performance test was conducted. 

Submit, following the procedure 

specified in § 60.2235(b)(1), the 

performance test report no later than the 

date that you submit the annual report; 

(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 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 for which you are 

not using a continuous monitoring 

system 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 at which the deviation occurred 

during the reporting period; and 

(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 CEMS, 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 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; 


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(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 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; 

(9) A brief description of the CISWI; 

(10) A brief description of the 

continuous monitoring system; 

(11) The date of the latest continuous 

monitoring system certification or audit; 

and 

(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 CEMS, 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 in accordance with the 

procedure in 40 CFR part 60, appendix 

F of this part, as 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; and 

(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 

(30-day average for energy recovery 

units or for PM CPMS) 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, if 

a performance test was conducted that 

deviated from any emission limitation, 

if a 30 kiln operating day average is 

above the operating limit, or if a 30-day 

average measured using CEMS 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; and 

(d) A copy of the operating limit 

monitoring data during each deviation 

and for any test report that documents 

the emission levels the process unit(s) 

tested, the pollutant(s) tested and the 

date that the performance test was 

conducted. Submit, following the 

procedure specified in § 60.2235(b)(1), 

the performance test report no later than 

the date that you submit the deviation 

report. 

§ 60.2225 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; and 

(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; 

and 

(iii) Request approval from the 

Administrator to continue operation of 

the CISWI. 

(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? 

(a) Yes. You must submit notifications 

as provided by § 60.7. 

(b) If you cease combusting solid 

waste but continue to operate, you must 

provide 30 days prior notice of the 

effective date of the waste-to-fuel 

switch, consistent with 60.2145(a). The 

notification must identify: 

(1) The name of the owner or operator 

of the CISWI, the location of the source, 

the emissions unit(s) that will cease 

burning solid waste, and the date of the 

notice; 

(2) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

(3) The fuel(s), non-waste material(s) 

and solid waste(s) the CISWI is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(4) The date on which you became 

subject to the currently applicable 

emission limits; and 

(5) The date upon which you will 

cease combusting solid waste, and the 


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date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

(b)(2) and (3) of this section. 

§ 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. Beginning on 

June 15, 2020 or once the reporting form 

has been available in CEDRI for 1 year, 

whichever is later, you must submit 

subsequent reports on or before the 

submittal dates to the EPA via the 

Compliance and Emissions Data 

Reporting Interface (CEDRI), which can 

be accessed through the EPA’s Central 

Data Exchange (CDX) (https://

cdx.epa.gov/). Use the appropriate 

electronic report in CEDRI for this 

subpart or an alternate electronic file 

format consistent with the extensible 

markup language (XML) schema listed 

on the CEDRI website (https://

www3.epa.gov/ttn/chief/cedri/ 

index.html). The date forms become 

available in CEDRI will be listed on the 

CEDRI website. The reports must be 

submitted by the deadlines specified in 

this subpart, regardless of the method in 

which the report is submitted. 

(b) Submit results of each 

performance test and CEMS 

performance evaluation required by this 

subpart as follows: 

(1) Within 60 days after the date of 

completing each performance test (see 

§ 60.8) required by this subpart, you 

must submit the results of the 

performance test following the 

procedure specified in either paragraph 

(b)(1)(i) or (b)(1)(ii) of this section: 

(i) For data collected using test 

methods supported by the EPA’s 

Electronic Reporting Tool (ERT) as 

listed on the EPA’s ERT website 

(https://www3.epa.gov/ttn/chief/ert/ert_

info.html) at the time of the test, you 

must submit the results of the 

performance test to the EPA via the 

CEDRI. (CEDRI can be accessed through 

the EPA’s CDX (https://cdx.epa.gov/).) 

Performance test data must be submitted 

in a file format generated through the 

use of the EPA’s ERT or an alternate 

electronic file format consistent with the 

XML schema listed on the EPA’s ERT 

website. If you claim that some of the 

performance test information being 

submitted is confidential business 

information (CBI), you must submit a 

complete file generated through the use 

of the EPA’s ERT or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT 

website, including information claimed 

to be CBI, on a compact disc, flash 

drive, or other commonly used 

electronic storage media to the EPA. The 

electronic media must be clearly marked 

as CBI and mailed to U.S. EPA/OAQPS/ 

CORE CBI Office, Attention: Group 

Leader, Measurement Policy Group, MD 

C404–02, 4930 Old Page Rd., Durham, 

NC 27703. The same ERT or alternate 

file with the CBI omitted must be 

submitted to the EPA via the EPA’s CDX 

as described earlier in this paragraph; 

and 

(ii) For data collected using test 

methods that are not supported by the 

EPA’s ERT as listed on the EPA’s ERT 

website at the time of the test, you must 

submit the results of the performance 

test to the Administrator at the 

appropriate address listed in § 60.4. 

(2) Within 60 days after the date of 

completing each continuous emissions 

monitoring system performance 

evaluation you must submit the results 

of the performance evaluation following 

the procedure specified in either 

paragraph (b)(2)(i) or (b)(2)(ii) of this 

section: 

(i) For performance evaluations of 

continuous monitoring systems 

measuring relative accuracy test audit 

(RATA) pollutants that are supported by 

the EPA’s ERT as listed on the EPA’s 

ERT website at the time of the 

evaluation, you must submit the results 

of the performance evaluation to the 

EPA via the CEDRI. (CEDRI can be 

accessed through the EPA’s CDX.) 

Performance evaluation data must be 

submitted in a file format generated 

through the use of the EPA’s ERT or an 

alternate file format consistent with the 

XML schema listed on the EPA’s ERT 

website. If you claim that some of the 

performance evaluation information 

being submitted is CBI, you must submit 

a complete file generated through the 

use of the EPA’s ERT or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT 

website, including information claimed 

to be CBI, on a compact disc, flash 

drive, or other commonly used 

electronic storage media to the EPA. The 

electronic storage media must be clearly 

marked as CBI and mailed to U.S. EPA/ 

OAQPS/CORE CBI Office, Attention: 

Group Leader, Measurement Policy 

Group, MD C404–02, 4930 Old Page Rd., 

Durham, NC 27703. The same ERT or 

alternate file with the CBI omitted must 

be submitted to the EPA via the EPA’s 

CDX as described earlier in this 

paragraph; and 

(ii) For any performance evaluations 

of continuous monitoring systems 

measuring RATA pollutants that are not 

supported by the EPA’s ERT as listed on 

the EPA’s ERT website at the time of the 

evaluation, you must submit the results 

of the performance evaluation to the 

Administrator at the appropriate 

address listed in § 60.4. 

(c) If you are required to electronically 

submit a report through the Compliance 

and Emissions Data Reporting Interface 

(CEDRI) in the EPA’s Central Data 

Exchange (CDX), and due to a planned 

or actual outage of either the EPA’s 

CEDRI or CDX systems within the 

period of time beginning 5 business 

days prior to the date that the 

submission is due, you will be or are 

precluded from accessing CEDRI or CDX 

and submitting a required report within 

the time prescribed, you may assert a 

claim of EPA system outage for failure 

to timely comply with the reporting 

requirement. You must submit 

notification to the Administrator in 

writing as soon as possible following the 

date you first knew, or through due 

diligence should have known, that the 

event may cause or caused a delay in 

reporting. You must provide to the 

Administrator a written description 

identifying the date, time and length of 

the outage; a rationale for attributing the 

delay in reporting beyond the regulatory 

deadline to the EPA system outage; 

describe the measures taken or to be 

taken to minimize the delay in 

reporting; and identify a date by which 

you propose to report, or if you have 

already met the reporting requirement at 

the time of the notification, the date you 

reported. In any circumstance, the 

report must be submitted electronically 

as soon as possible after the outage is 

resolved. The decision to accept the 

claim of EPA system outage and allow 

an extension to the reporting deadline is 

solely within the discretion of the 

Administrator. 

(d) If you are required to 

electronically submit a report through 

CEDRI in the EPA’s CDX and a force 

majeure event is about to occur, occurs, 

or has occurred or there are lingering 

effects from such an event within the 

period of time beginning 5 business 

days prior to the date the submission is 

due, the owner or operator may assert a 

claim of force majeure for failure to 

timely comply with the reporting 

requirement. For the purposes of this 

section, a force majeure event is defined 

as an event that will be or has been 

caused by circumstances beyond the 

control of the affected facility, its 

contractors, or any entity controlled by 

the affected facility that prevents you 

from complying with the requirement to 

submit a report electronically within the 

time period prescribed. Examples of 

such events are acts of nature (e.g., 

hurricanes, earthquakes, or floods), acts 

of war or terrorism, or equipment failure 


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or safety hazard beyond the control of 

the affected facility (e.g., large scale 

power outage). If you intend to assert a 

claim of force majeure, you must submit 

notification to the Administrator in 

writing as soon as possible following the 

date you first knew, or through due 

diligence should have known, that the 

event may cause or caused a delay in 

reporting. You must provide to the 

Administrator a written description of 

the force majeure event and a rationale 

for attributing the delay in reporting 

beyond the regulatory deadline to the 

force majeure event; describe the 

measures taken or to be taken to 

minimize the delay in reporting; and 

identify a date by which you propose to 

report, or if you have already met the 

reporting requirement at the time of the 

notification, the date you reported. In 

any circumstance, the reporting must 

occur as soon as possible after the force 

majeure event occurs. The decision to 

accept the claim of force majeure and 

allow an extension to the reporting 

deadline is solely within the discretion 

of the Administrator. 

§ 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 and ACI subject to 

standards under this subpart must 

operate pursuant to a permit issued 

under Section 129(e) and Title V of the 

Clean Air Act. 

Air Curtain Incinerators (ACIs) 

§ 60.2245 What is an air curtain 

incinerator? 

(a) An ACI 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 

§ 60.2242 and under ‘‘Air Curtain 

Incinerators’’ (§§ 60.2245 through 

60.2260): 

(1) 100 percent wood waste; 

(2) 100 percent clean lumber; and 

(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 ACI 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; and 

(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 ACI, submit the three items 

described in paragraphs (a)(1) through 

(3) of this section: 

(1) Notification of your intent to 

construct the ACI; 

(2) Your planned initial startup date; 

and 

(3) Types of materials you plan to 

burn in your ACI. 

(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. 

30-day rolling average means the 

arithmetic mean of the previous 720 

hours of valid operating data. Valid data 

excludes periods when this unit is not 

operating. The 720 hours should be 

consecutive, but not necessarily 

continuous if operations are 

intermittent. 

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 (ACI) 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. 

Annual heat input means the heat 

input for the 12 months preceding the 

compliance demonstration. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Average annual heat input rate means 

annual heat input divided by the hours 

of operation for the 12 months 

preceding the compliance 

demonstration. 

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. A burn-off 

oven is not an incinerator, wasteburning kiln, an energy recovery unit or 

a small, remote incinerator under this 

subpart. 


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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. 

CEMS data during startup and 

shutdown means the following: 

(1) For incinerators and small remote 

incinerators: CEMS data collected 

during the first hours of a CISWI startup 

from a cold start until waste is fed to the 

unit and the hours of operation 

following the cessation of waste 

material being fed to the CISWI during 

a unit shutdown. For each startup event, 

the length of time that CEMS data may 

be claimed as being CEMS data during 

startup must be 48 operating hours or 

less. For each shutdown event, the 

length of time that CEMS data may be 

claimed as being CEMS data during 

shutdown must be 24 operating hours or 

less; 

(2) For energy recovery units: CEMS 

data collected during the startup or 

shutdown periods of operation. Startup 

begins with either the first-ever firing of 

fuel in a boiler or process heater for the 

purpose of supplying useful thermal 

energy (such as steam or heat) for 

heating, cooling or process purposes, or 

producing electricity, or the firing of 

fuel in a boiler or process heater for any 

purpose after a shutdown event. Startup 

ends four hours after when the boiler or 

process heater makes useful thermal 

energy (such as heat or steam) for 

heating, cooling, or process purposes, or 

generates electricity, whichever is 

earlier. Shutdown begins when the 

boiler or process heater no longer makes 

useful thermal energy (such as heat or 

steam) for heating, cooling, or process 

purposes and/or generates electricity or 

when no fuel is being fed to the boiler 

or process heater, whichever is earlier. 

Shutdown ends when the boiler or 

process heater no longer makes useful 

thermal energy (such as steam or heat) 

for heating, cooling, or process purposes 

and/or generates electricity, and no fuel 

is being combusted in the boiler or 

process heater; and 

(3) For waste-burning kilns: CEMS 

data collected during the periods of kiln 

operation that do not include normal 

operations. Startup means the time from 

when a shutdown kiln first begins firing 

fuel until it begins producing clinker. 

Startup begins when a shutdown kiln 

turns on the induced draft fan and 

begins firing fuel in the main burner. 

Startup ends when feed is being 

continuously introduced into the kiln 

for at least 120 minutes or when the 

feed rate exceeds 60 percent of the kiln 

design limitation rate, whichever occurs 

first. Shutdown means the cessation of 

kiln operation. Shutdown begins when 

feed to the kiln is halted and ends when 

continuous kiln rotation ceases. 

Chemical recovery unit means 

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. A chemical 

recovery unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. The following seven 

types of units 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/residue containing 

catalyst metals that 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; and 

(7) Units burning only photographic 

film to recover silver. 

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 unit (CISWI) means 

any distinct operating unit of any 

commercial or industrial facility that 

combusts, or has combusted in the 

preceding 6 months, any solid waste as 

that term is defined in 40 CFR part 241. 

If the operating unit burns materials 

other than traditional fuels as defined in 

§ 241.2 that have been discarded, and 

you do not keep and produce records as 

required by § 60.2175(v), the operating 

unit is a CISWI. While not all CISWIs 

will include all of the following 

components, a CISWI 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 does 

not include air pollution control 

equipment or the stack. The CISWI 

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 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. 

Continuous emission monitoring 

system (CEMS) means the total 

equipment that may be required to meet 

the data acquisition and availability 

requirements of this subpart, used to 

sample, condition (if applicable), 

analyze, and provide a record of 

emissions. 

Continuous monitoring system (CMS) 

means the total equipment, required 

under the emission monitoring sections 

in applicable subparts, used to sample 

and condition (if applicable), to analyze, 

and to provide a permanent record of 

emissions or process parameters. A 

particulate matter continuous parameter 

monitoring system (PM CPMS) is a type 

of CMS. 

Cyclonic burn barrel means a 

combustion device for waste materials 

that is attached to a 55 gallon, openhead 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. A cyclonic burn barrel is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

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; and 


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(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any affected source required 

to obtain such a permit. 

Dioxins/furans means tetra- through 

octa-chlorinated dibenzo-p-dioxins and 

dibenzofurans. 

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. 

Dry scrubber means an add-on air 

pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react 

with and neutralize acid gas in the 

exhaust stream forming a dry powder 

material. Sorbent injection systems in 

fluidized bed boilers and process 

heaters are included in this definition. 

A dry scrubber is a dry control system. 

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 in 40 CFR part 241) for 

energy recovery. Energy recovery units 

include units that would be considered 

boilers and process heaters if they did 

not combust solid waste. 

Energy recovery unit designed to burn 

biomass (Biomass) means an energy 

recovery unit that burns solid waste, 

biomass, and non-coal solid materials 

but less than 10 percent coal, on a heat 

input basis on an annual average, either 

alone or in combination with liquid 

waste, liquid fuel or gaseous fuels. 

Energy recovery unit designed to burn 

coal (Coal) means an energy recovery 

unit that burns solid waste and at least 

10 percent coal on a heat input basis on 

an annual average, either alone or in 

combination with liquid waste, liquid 

fuel or gaseous fuels. 

Energy recovery unit designed to burn 

liquid waste materials and gas (Liquid/ 

gas) means an energy recovery unit that 

burns a liquid waste with liquid or 

gaseous fuels not combined with any 

solid fuel or waste materials. 

Energy recovery unit designed to burn 

solid materials (Solids) includes energy 

recovery units designed to burn coal 

and energy recovery units designed to 

burn biomass. 

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. 

Foundry sand thermal reclamation 

unit means a type of part reclamation 

unit that removes coatings that are on 

foundry sand. A foundry sand thermal 

reclamation unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Incinerator means any furnace used in 

the process of combusting solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) for 

the purpose of reducing the volume of 

the waste by removing combustible 

matter. Incinerator designs include 

single chamber and two-chamber. 

In-line coal mill means those coal 

mills using kiln exhaust gases in their 

process. Coal mills with a heat source 

other than the kiln or coal mills using 

exhaust gases from the clinker cooler 

alone are not an in-line coal mill. 

In-line kiln/raw mill means a system 

in a Portland Cement production 

process where a dry kiln system is 

integrated with the raw mill so that all 

or a portion of the kiln exhaust gases are 

used to perform the drying operation of 

the raw mill, with no auxiliary heat 

source used. In this system the kiln is 

capable of operating without the raw 

mill operating, but the raw mill cannot 

operate without the kiln gases, and 

consequently, the raw mill does not 

generate a separate exhaust gas stream. 

Kiln means an oven or furnace, 

including any associated preheater or 

precalciner devices, in-line raw mills, 

in-line coal mills or alkali bypasses 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. Because the alkali bypass, inline raw mill and in-line coal mill are 

considered an integral part of the kiln, 

the kiln emissions limits also apply to 

the exhaust of the alkali bypass, in-line 

raw mill and in-line coal mill. 

Laboratory analysis unit means units 

that burn samples of materials for the 

purpose of chemical or physical 

analysis. A laboratory analysis unit is 

not an incinerator, waste-burning kiln, 

an energy recovery unit or a small, 

remote incinerator under this subpart. 

Load fraction means the actual heat 

input of an energy recovery unit divided 

by heat input during the performance 

test that established the minimum 

sorbent injection rate or minimum 

activated carbon injection rate, 

expressed as a fraction (e.g., for 50 

percent load the load fraction is 0.5). 

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)). 

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. 

Minimum voltage or amperage means 

90 percent of the lowest test-run average 

voltage or amperage to the electrostatic 

precipitator measured during the most 

recent particulate matter or mercury 

performance test demonstrating 

compliance with the applicable 

emission limits. 

Modification or modified CISWI 

means a CISWI that has been changed 

later than August 7, 2013 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 (not including 

the cost of land) updated to current 

costs (current dollars). To determine 

what systems are within the boundary 

of the CISWI used to calculate these 

costs, see the definition of CISWI; and 

(2) Any physical change in the CISWI 

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. 

Municipal solid waste or municipaltype solid waste means household, 

commercial/retail, or institutional 

waste. Household waste includes 

material discarded by residential 

dwellings, hotels, motels, and other 

similar permanent or temporary 

housing. Commercial/retail waste 

includes material discarded by stores, 

offices, restaurants, warehouses, 

nonmanufacturing activities at 

industrial facilities, and other similar 

establishments or facilities. Institutional 

waste includes materials discarded by 

schools, by hospitals (nonmedical), by 

nonmanufacturing activities at prisons 

and government facilities, and other 

similar establishments or facilities. 

Household, commercial/retail, and 

institutional waste does include yard 

waste and refuse-derived fuel. 

Household, commercial/retail, and 

institutional waste does not include 

used oil; sewage sludge; wood pallets; 


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construction, renovation, and 

demolition wastes (which include 

railroad ties and telephone poles); clean 

wood; industrial process or 

manufacturing wastes; medical waste; or 

motor vehicles (including motor vehicle 

parts or vehicle fluff). 

Opacity means the degree to which 

emissions reduce the transmission of 

light and obscure the view of an object 

in the background. 

Operating day means a 24-hour 

period between 12 midnight and the 

following midnight during which any 

amount of solid waste is combusted at 

any time in the CISWI. 

Oxygen analyzer system means all 

equipment required to determine the 

oxygen content of a gas stream and used 

to monitor oxygen in the boiler or 

process heater flue gas, boiler or process 

heater, firebox, or other appropriate 

location. This definition includes 

oxygen trim systems and certified 

oxygen CEMS. The source owner or 

operator is responsible to install, 

calibrate, maintain, and operate the 

oxygen analyzer system in accordance 

with the manufacturer’s 

recommendations. 

Oxygen trim system means a system of 

monitors that is used to maintain excess 

air at the desired level in a combustion 

device over its operating range. A 

typical system consists of a flue gas 

oxygen and/or carbon monoxide 

monitor that automatically provides a 

feedback signal to the combustion air 

controller or draft controller. 

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 CISWIs 

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). 

Performance evaluation means the 

conduct of relative accuracy testing, 

calibration error testing, and other 

measurements used in validating the 

continuous monitoring system data. 

Performance test means the collection 

of data resulting from the execution of 

a test method (usually three emission 

test runs) used to demonstrate 

compliance with a relevant emission 

standard as specified in the performance 

test section of the relevant standard. 

Process change means any of the 

following physical or operational 

changes: 

(1) A physical change (maintenance 

activities excluded) to the CISWI which 

may increase the emission rate of any 

air pollutant to which a standard 

applies; 

(2) An operational change to the 

CISWI where a new type of nonhazardous secondary material is being 

combusted; 

(3) A physical change (maintenance 

activities excluded) to the air pollution 

control devices used to comply with the 

emission limits for the CISWI (e.g., 

replacing an electrostatic precipitator 

with a fabric filter); and 

(4) An operational change to the air 

pollution control devices used to 

comply with the emission limits for the 

affected CISWI (e.g., change in the 

sorbent injection rate used for activated 

carbon injection). 

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 or 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 and meeting two criteria: 

(1) The reconstruction begins on or 

after August 7, 2013; and 

(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 (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the CISWI used 

to calculate these costs, see the 

definition of CISWI. 

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; and 

(2) Pelletized refuse-derived fuel. 

Responsible official means one of the 

following: 

(1) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is responsible for the 

overall operation of one or more 

manufacturing, production, or operating 

facilities applying for or subject to a 

permit and either: 

(i) The facilities employ more than 

250 persons or have gross annual sales 

or expenditures exceeding $25 million 

(in second quarter 1980 dollars); or 

(ii) The delegation of authority to 

such representatives is approved in 

advance by the permitting authority; 

(2) For a partnership or sole 

proprietorship: A general partner or the 

proprietor, respectively; 

(3) For a municipality, state, federal, 

or other public agency: Either a 

principal executive officer or ranking 

elected official. For the purposes of this 

part, a principal executive officer of a 

federal agency includes the chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency (e.g., a 

Regional Administrator of EPA); or 

(4) For affected facilities: 

(i) The designated representative in so 

far as actions, standards, requirements, 

or prohibitions under Title IV of the 

Clean Air Act or the regulations 

promulgated thereunder are concerned; 

or 

(ii) The designated representative for 

any other purposes under part 60. 

Shutdown means, for incinerators and 

small, remote incinerators, 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 in 40 CFR part 241) and 

combusts 3 tons per day or less solid 

waste and is more than 25 miles driving 

distance to the nearest municipal solid 

waste landfill. 

Soil treatment unit means a unit that 

thermally treats petroleumcontaminated soils for the sole purpose 

of site remediation. A soil treatment 

unit may be direct-fired or indirect 

fired. A soil treatment unit is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Solid waste means the term solid 

waste as defined in 40 CFR 241.2. 

Solid waste incineration unit means a 

distinct operating unit of any facility 

which combusts any solid waste (as that 

term is defined by the Administrator in 

40 CFR part 241) material from 

commercial or industrial establishments 

or the general public (including single 


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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: 

(1) Materials recovery facilities 

(including primary or secondary 

smelters) which combust waste for the 

primary purpose of recovering metals; 

(2) 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 

(3) Air curtain incinerators provided 

that such incinerators only burn wood 

wastes, yard wastes, and clean lumber 

and that such ACIs comply with opacity 

limitations to be established by the 

Administrator by rule. 

Space heater means a unit that meets 

the requirements of 40 CFR 279.23. A 

space heater is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

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, for incinerators 

and small, remote incinerators, the 

period of time between the activation of 

the system and the first charge to the 

unit. 

Useful thermal energy means energy 

(i.e., steam, hot water, or process heat) 

that meets the minimum operating 

temperature and/or pressure required by 

any energy use system that uses energy 

provided by the affected energy 

recovery unit. 

Waste-burning kiln means a kiln that 

is heated, in whole or in part, by 

combusting solid waste (as that term is 

defined by the Administrator in 40 CFR 

part 241). Secondary materials used in 

Portland cement kilns shall not be 

deemed to be combusted unless they are 

introduced into the flame zone in the 

hot end of the kiln or mixed with the 

precalciner fuel. 

Wet scrubber means an add-on air 

pollution control device that uses 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; and 

(3) Clean lumber. 

TABLE 1 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS FOR WHICH CONSTRUCTION IS

COMMENCED AFTER NOVEMBER 30, 1999, BUT NO LATER THAN JUNE 4, 2010, OR FOR WHICH MODIFICATION OR

RECONSTRUCTION IS COMMENCED ON OR AFTER JUNE 1, 2001, BUT NO LATER THAN AUGUST 7, 2013 

For the air pollutant You must meet this emission 

limitation 1 Using this averaging time 2 And determining compliance using this method 2

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 at 40 CFR part 

60, appendix A–4). 

Dioxin/Furan (toxic equivalency 

basis).

0.41 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meters per run).

Performance test (Method 23 of appendix A–7 

of this part). 

Hydrogen chloride ..................... 62 parts per million by dry volume.3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry 

standard cubic meter per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

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 standard cubic meter.3-run average (1 hour minimum sample time 

per run).

Performance test (Method 29 of appendix A of 

this part). 

Nitrogen oxides .......................... 388 parts per million by dry volume.3-run average (for Method 7E, 1 hour minimum 

sample time per run).

Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Opacity ....................................... 10 percent ................................ 6-minute averages ............................................. Performance test (Method 9 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 (For Method 6, collect a minimum volume of 20 liters per run. For Method 6C, collect sample for a minimum duration of 1 hour per run).Performance test (Method 6 or 6C at 40 CFR 

part 60, appendix A–4). 

1 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2145 and § 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 


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TABLE 2 TO SUBPART CCCC OF PART 60—OPERATING LIMITS FOR WET SCRUBBERS

For these operating parameters 

You must establish 

these 

operating limits 

And monitoring using these minimum frequencies 

Data 

measurement Data recording Averaging time 

Charge rate ...................................................... Maximum charge rate Continuous ........ Every hour .................. Daily (batch units) 3-hour rolling (continuous 

and intermittent units).1

Pressure drop across the wet scrubber or amperage to wet scrubber.Minimum pressure 

drop or amperage.

Continuous ........ Every 15 minutes ........ 3-hour rolling.1

Scrubber liquor flow rate .................................. Minimum flow rate ...... Continuous ........ Every 15 minutes ........ 3-hour rolling.1

Scrubber liquor pH ........................................... Minimum pH ............... Continuous ........ Every 15 minutes ........ 3-hour rolling.1

1 Calculated 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-p-dioxin ............................................................................................................................................ 1 

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ........................................................................................................................................ 0.5 

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1 

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1 

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-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 REQUIREMENTS 1

Report Due date Contents Reference 

Preconstruction report.Prior to commencing construction ...... • Statement of intent to construct ...................................................................

• Anticipated date of commencement of construction. 

§ 60.2190. 

• Documentation for siting requirements. 

• Waste management plan. 

• Anticipated date of initial startup. 

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 site-specific 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 site-specific operating limits. 

§ 60.2200. 

• Installation of bag leak detection system for fabric filter. 

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, (or 30-day average, if applicable) for each operating parameter 

recorded for the calendar year being reported. 

§§ 60.2205 and 60.2210. 

• For each performance test conducted during the reporting period, if any 

performance test is conducted, the process unit(s) tested, the pollutant(s) 

tested, and the date that such performance test was conducted. 

• If a performance test was not conducted during the reporting period, a 

statement that the requirements of § 60.2155(a) were met. 

• Documentation of periods when all qualified CISWI operators were unavailable for more than 8 hours but less than 2 weeks. 

• If you are conducting performance tests once every 3 years consistent 

with § 60.2155(a), the date of the last 2 performance tests, a comparison 

of the emission level you achieved in the last 2 performance tests to the 

75 percent emission limit threshold required in § 60.2155(a) and a statement as to whether there have been any operational changes since the 

last performance test that could increase emissions. 

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, if any performance test was 

conducted that documents emission levels, the process unit(s) tested, the 

pollutant(s) tested, and the date that such performance text was conducted. 

§ 60.2215 and 60.2220. 


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28102 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

TABLE 4 TO SUBPART CCCC OF PART 60—SUMMARY OF REPORTING REQUIREMENTS 1—Continued 

Report Due date Contents Reference 

• 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 operation. 

§ 60.2225(a)(2). 

Qualified operator 

deviation notification of resumed operation.

Prior to resuming operation ................ • Notification that you are resuming operation ............................................... § 60.2225(b). 

1 This 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 JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 

For the air pollutant You must meet this emission 

limitation 1 Using this averaging time 2 And determining compliance using this method 2

Cadmium ................................... 0.0023 milligrams per dry 

standard cubic meter.

3-run average (collect a minimum volume of 4 

dry standard cubic meter per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8 of this part). 

Use ICPMS for the analytical finish. 

Carbon monoxide ...................... 17 parts per million by dry volume.3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxin/furan (Total Mass Basis) 0.58 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxin/furan (toxic equivalency 

basis).

0.13 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meter per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

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 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ..................... 0.091 parts per million by dry 

volume.

3-run average (For Method 26, collect a minimum volume of 360 liters per run. For Method 26A, collect a minimum volume of 3 dry 

standard cubic meters per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead ........................................... 0.015 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meters per run).

Performance test (Method 29 of appendix A–8 

at 40 CFR part 60). Use ICPMS for the analytical finish. 

Mercury ...................................... 0.00084 milligrams per dry 

standard cubic meter.

3-run average (collect enough volume to meet 

a detection limit data quality objective of 0.03 

ug/dry standard cubic meter).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).3

Nitrogen oxides .......................... 23 parts per million dry volume 3-run average (for Method 7E, 1 hour minimum 

sample time per run).

Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter (filterable) ..... 18 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 2 

dry standard cubic meters per run).

Performance test (Method 5 or 29 at 40 CFR 

part 60, appendix A–3 or appendix A–8 at 40 

CFR part 60). 

Sulfur dioxide ............................. 11 parts per million dry volume 3-run average (1 hour minimum sample time 

per run).

Performance test (Method 6 or 6C at 40 CFR 

part 60, appendix A–4). 

1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Limit or the 

toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2145 and § 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Incorporated by reference, see § 60.17. 

TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOVERY UNITS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 

2013 

For the air pollutant 

You must meet this emission limitation 1

Using this averaging time 2

And determining 

compliance using 

Liquid/gas Solids this method 2

Cadmium ........................... 0.023 milligrams per dry 

standard cubic meter.

Biomass—0.0014 milligrams per dry standard 

cubic meter.

Coal—0.0017 milligrams 

per dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meters 

per run).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8). Use 

ICPMS for the analytical finish. 

Carbon monoxide .............. 35 parts per million dry 

volume.

Biomass—240 parts per 

million dry volume.

Coal—95 parts per million dry volume.

3-run average (1 hour minimum sample time per run).Performance test (Method 10 at 40 

CFR part 60, appendix A–4). 


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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 28103 

TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOVERY UNITS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 

2013—Continued 

For the air pollutant 

You must meet this emission limitation 1

Using this averaging time 2

And determining 

compliance using 

Liquid/gas Solids this method 2

Dioxin/furans (Total Mass 

Basis).

No Total Mass Basis 

limit, must meet the 

toxic equivalency basis 

limit below.

Biomass—0.52 

nanograms per dry 

standard cubic meter.

Coal—5.1 nanograms per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meters).Performance test (Method 23 at 40 

CFR part 60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

0.093 nanograms per dry 

standard cubic meter.

Biomass—0.076 

nanograms per dry 

standard cubic meter.3

Coal—0.075 nanograms 

per dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meters 

per run).

Performance test (Method 23 of appendix A–7 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 at 40 

CFR part 60, appendix A–7).

Fugitive ash. 

Hydrogen chloride ............. 14 parts per million dry 

volume.

Biomass—0.20 parts per 

million dry volume.

Coal—58 parts per million dry volume. 

3-run average (For Method 26, collect 

a minimum volume of 360 liters per 

run. For Method 26A, collect a minimum volume of 3 dry standard 

cubic meters per run).

Performance test (Method 26 or 26A 

at 40 CFR part 60, appendix A–8). 

Lead .................................. 0.096 milligrams per dry 

standard cubic meter.

Biomass—0.014 milligrams per dry standard 

cubic meter.

Coal—0.057 milligrams 

per dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meters 

per run).

Performance test (Method 29 at 40 

CFR part 60, appendix A–8). Use 

ICPMS for the analytical finish. 

Mercury ............................. 0.00056 milligrams per 

dry standard cubic 

meter.

Biomass—0.0022 milligrams per dry standard 

cubic meter.

Coal—0.013 milligrams 

per dry standard cubic 

meter.

3-run average (collect enough volume 

to meet an in-stack detection limit 

data quality objective of 0.03 ug/ 

dscm).

Performance test (Method 29 or 30B 

at 40 CFR part 60, appendix A–8) 

or ASTM D6784–02 (Reapproved 

2008).3

Nitrogen oxides ................. 76 parts per million dry 

volume.

Biomass—290 parts per 

million dry volume.

Coal—460 parts per million dry volume.

3-run average (for Method 7E, 1 hour 

minimum sample time per run).

Performance test (Method 7 or 7E at 

40 CFR part 60, appendix A–4). 

Particulate matter (filterable).110 milligrams per dry 

standard cubic meter.

Biomass—5.1 milligrams 

per dry standard cubic 

meter.

Coal—130 milligrams per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 1 dry standard cubic meter 

per run).

Performance test (Method 5 or 29 at 

40 CFR part 60, appendix A–3 or 

appendix A–8) if the unit has an annual average heat input rate less 

than 250 MMBtu/hr; or PM CPMS 

(as specified in § 60.2145(x)) if the 

unit has an annual average heat 

input rate equal to or greater than 

250 MMBtu/hr. 

Sulfur dioxide .................... 720 parts per million dry 

volume.

Biomass—7.3 parts per 

million dry volume.

Coal—850 parts per million dry volume.

3-run average (for Method 6, collect a 

minimum of 60 liters, for Method 

6C,1 hour minimum sample time per 

run).

Performance test (Method 6 or 6C at 

40 CFR part 60, appendix A–4). 

1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or 

the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2145 and § 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Incorporated by reference, see § 60.17. 

TABLE 7 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR WASTE-BURNING KILNS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using this method 2 3

Cadmium ................................... 0.0014 milligrams per dry 

standard cubic meter.

3-run average (collect a minimum volume of 4 

dry standard cubic meters per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Carbon monoxide ...................... 90 (long kilns)/190 (preheater/ 

precalciner) parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total mass basis) 0.51 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic equivalency basis).0.075 nanograms per dry 

standard cubic meter.

3-run average (collect a minimum volume of 4 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 


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28104 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

TABLE 7 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR WASTE-BURNING KILNS THAT COMMENCED

CONSTRUCTION AFTER JUNE 4, 2010, OR RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013—Continued 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using 

this method 2 3

Hydrogen chloride ..................... 3.0 parts per million dry volume 3-run average (1 hour minimum sample time 

per run) or 30-day rolling average if HCl 

CEMS is being used.

If a wet scrubber or dry scrubber is used, performance test (Method 321 at 40 CFR part 

63, appendix A). If a wet scrubber or dry 

scrubber is not used, HCl CEMS as specified in § 60.2145(j). 

Lead ........................................... 0.014 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Mercury ...................................... 0.0037 milligrams per dry 

standard cubic meter or 21 

pounds/million tons of clinker.3

30-day rolling average ....................................... Mercury CEMS or integrated sorbent trap monitoring system (performance specification 

12A or 12B, respectively, of appendix B and 

procedure 5 of appendix F of this part), as 

specified in § 60.2145(j). 

Nitrogen oxides .......................... 200 parts per million dry volume.30-day rolling average ....................................... NOX CEMS (performance specification 2 of appendix B and procedure 1 of appendix F of 

this part). 

Particulate matter (filterable) ..... 4.9 milligrams per dry standard 

cubic meter.

30-day rolling average ....................................... PM CPMS (as specified in § 60.2145(x)). 

Sulfur dioxide ............................. 28 parts per million dry volume 30-day rolling average ....................................... Sulfur dioxide CEMS (performance specification 2 of appendix B and procedure 1 of appendix F of this part). 

1 All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system data during startup and shutdown), 

dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2145 and § 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in § 60.2145(y)(3). They are not subject to the CEMS, integrated 

sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust. 

TABLE 8 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR SMALL, REMOTE INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER

AUGUST 7, 2013 

For the air pollutant You must meet this 

emission limitation 1 Using this averaging time 2 And determining compliance using this method 2

Cadmium ................................... 0.67 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 1 

dry standard cubic meters per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). 

Carbon monoxide ...................... 13 parts per million dry volume 3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total mass basis) 1,800 nanograms per dry 

standard cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic equivalency basis).31 nanograms per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Fugitive ash ............................... Visible emissions for no more 

than 5 percent of the hourly 

observation period.

Three 1-hour observation periods ..................... Visible emissions test (Method 22 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ..................... 200 parts per million by dry volume.3-run average (For Method 26, collect a minimum volume of 60 liters per run. For Method 26A, collect a minimum volume of 1 dry 

standard cubic meter per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead ........................................... 2.0 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Mercury ...................................... 0.0035 milligrams per dry 

standard cubic meter.

3-run average (For Method 29 and ASTM 

D6784–02 (Reapproved 2008),2 collect a 

minimum volume of 2 dry standard cubic 

meters per run. For Method 30B, collect a 

minimum volume as specified in Method 30B 

at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).3

Nitrogen oxides .......................... 170 parts per million dry volume.3-run average (for Method 7E, 1 hour minimum 

sample time per run).

Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter (filterable) ..... 270 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters).

Performance test (Method 5 or 29 at 40 CFR 

part 60, appendix A–3 or appendix A–8). 

Sulfur dioxide ............................. 1.2 parts per million dry volume 3-run average (1 hour minimum sample time 

per run).

Performance test (Method 6 or 6c at 40 CFR 

part 60, appendix A–4). 

1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or 

the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2145 and § 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Incorporated by reference, see § 60.17. 


sradovich on DSK3GMQ082PROD with PROPOSALS2
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 28105 

■ 3. Part 60 is amended by revising 

subpart DDDD to read as follows: 

Subpart DDDD—Emissions Guidelines and 

Compliance Times for Commercial and 

Industrial Solid Waste Incineration Units 

Sec. 

Introduction 

60.2500 What is the purpose of this 

subpart? 

60.2505 Am I affected by this subpart? 

60.2510 Is a state plan required for all 

states? 

60.2515 What must I include in my state 

plan? 

60.2520 Is there an approval process for my 

state plan? 

60.2525 What if my state plan is not 

approvable? 

60.2530 Is there an approval process for a 

negative declaration letter? 

60.2535 What compliance schedule must I 

include in my state plan? 

60.2540 Are there any State plan 

requirements for this subpart that apply 

instead of the requirements specified in 

subpart B? 

60.2541 In lieu of a state plan submittal, are 

there other acceptable option(s) for a 

state to meet its Clean Air Act section 

111(d)/129(b)(2) obligations? 

60.2542 What authorities will not be 

delegated to state, local, or tribal 

agencies? 

60.2545 Does this subpart directly affect 

CISWI owners and operators in my state? 

Applicability of State Plans 

60.2550 What CISWIs must I address in my 

state plan? 

60.2555 What combustion units are exempt 

from my state plan? 

Use of Model Rule 

60.2560 What is the ‘‘model rule’’ in this 

subpart? 

60.2565 How does the model rule relate to 

the required elements of my state plan? 

60.2570 What are the principal components 

of the model rule? 

Model Rule—Increments of Progress 

60.2575 What are my requirements for 

meeting increments of progress and 

achieving final compliance? 

60.2580 When must I complete each 

increment of progress? 

60.2585 What must I include in the 

notifications of achievement of 

increments of progress? 

60.2590 When must I submit the 

notifications of achievement of 

increments of progress? 

60.2595 What if I do not meet an increment 

of progress? 

60.2600 How do I comply with the 

increment of progress for submittal of a 

control plan? 

60.2605 How do I comply with the 

increment of progress for achieving final 

compliance? 

60.2610 What must I do if I close my CISWI 

and then restart it? 

60.2615 What must I do if I plan to 

permanently close my CISWI and not 

restart it? 

Model Rule—Waste Management Plan 

60.2620 What is a waste management plan? 

60.2625 When must I submit my waste 

management plan? 

60.2630 What should I include in my waste 

management plan? 

Model Rule—Operator Training and 

Qualification 

60.2635 What are the operator training and 

qualification requirements? 

60.2640 When must the operator training 

course be completed? 

60.2645 How do I obtain my operator 

qualification? 

60.2650 How do I maintain my operator 

qualification? 

60.2655 How do I renew my lapsed 

operator qualification? 

60.2660 What site-specific documentation 

is required? 

60.2665 What if all the qualified operators 

are temporarily not accessible? 

Model Rule—Emission Limitations and 

Operating Limits 

60.2670 What emission limitations must I 

meet and by when? 

60.2675 What operating limits must I meet 

and by when? 

60.2680 What if I do not use a wet scrubber, 

fabric filter, activated carbon injection, 

selective noncatalytic reduction, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations? 

Model Rule—Performance Testing 

60.2690 How do I conduct the initial and 

annual performance test? 

60.2695 How are the performance test data 

used? 

Model Rule—Initial Compliance 

Requirements 

60.2700 How do I demonstrate initial 

compliance with the amended emission 

limitations and establish the operating 

limits? 

60.2705 By what date must I conduct the 

initial performance test? 

60.2706 By what date must I conduct the 

initial air pollution control device 

inspection? 

Model Rule—Continuous Compliance 

Requirements 

60.2710 How do I demonstrate continuous 

compliance with the amended emission 

limitations and the operating limits? 

60.2715 By what date must I conduct the 

annual performance test? 

60.2716 By what date must I conduct the 

annual air pollution control device 

inspection? 

60.2720 May I conduct performance testing 

less often? 

60.2725 May I conduct a repeat 

performance test to establish new 

operating limits? 

Model Rule—Monitoring 

60.2730 What monitoring equipment must I 

install and what parameters must I 

monitor? 

60.2735 Is there a minimum amount of 

monitoring data I must obtain? 

Model Rule—Recordkeeping and Reporting 

60.2740 What records must I keep? 

60.2745 Where and in what format must I 

keep my records? 

60.2750 What reports must I submit? 

60.2755 When must I submit my waste 

management plan? 

60.2760 What information must I submit 

following my initial performance test? 

60.2765 When must I submit my annual 

report? 

60.2770 What information must I include in 

my annual report? 

60.2775 What else must I report if I have a 

deviation from the operating limits or the 

emission limitations? 

60.2780 What must I include in the 

deviation report? 

60.2785 What else must I report if I have a 

deviation from the requirement to have 

a qualified operator accessible? 

60.2790 Are there any other notifications or 

reports that I must submit? 

60.2795 In what form can I submit my 

reports? 

60.2800 Can reporting dates be changed? 

Model Rule—Title V Operating Permits 

60.2805 Am I required to apply for and 

obtain a Title V operating permit for my 

unit? 

Model Rule—Air Curtain Incinerators (ACI) 

60.2810 What is an air curtain incinerator? 

60.2815 What are my requirements for 

meeting increments of progress and 

achieving final compliance? 

60.2820 When must I complete each 

increment of progress? 

60.2825 What must I include in the 

notifications of achievement of 

increments of progress? 

60.2830 When must I submit the 

notifications of achievement of 

increments of progress? 

60.2835 What if I do not meet an increment 

of progress? 

60.2840 How do I comply with the 

increment of progress for submittal of a 

control plan? 

60.2845 How do I comply with the 

increment of progress for achieving final 

compliance? 

60.2850 What must I do if I close my air 

curtain incinerator and then restart it? 

60.2855 What must I do if I plan to 

permanently close my air curtain 

incinerator and not restart it? 

60.2860 What are the emission limitations 

for air curtain incinerators? 

60.2865 How must I monitor opacity for air 

curtain incinerators? 

60.2870 What are the recordkeeping and 

reporting requirements for air curtain 

incinerators? 

Model Rule—Definitions 

60.2875 What definitions must I know? 

Tables to Subpart DDDD 

Table 1 to Subpart DDDD of Part 60—Model 

Rule—Increments of Progress and 

Compliance Schedules 

Table 2 to Subpart DDDD of Part 60—Model 

Rule—Emission Limitations That Apply 

to Incinerators Before [Date to be 

specified in state plan] 


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28106 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

Table 3 to Subpart DDDD of Part 60—Model 

Rule—Operating Limits for Wet 

Scrubbers 

Table 4 to Subpart DDDD of Part 60—Model 

Rule—Toxic Equivalency Factors 

Table 5 to Subpart DDDD of Part 60—Model 

Rule—Summary of Reporting 

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] 

Table 7 to Subpart DDDD of Part 60—Model 

Rule—Emission Limitations That Apply 

to Energy Recovery Units After May 20, 

2011 [Date to be specified in state plan] 

Table 8 to Subpart DDDD of Part 60—Model 

Rule—Emission Limitations That Apply 

to Waste-Burning Kilns After May 20, 

2011 [Date to be specified in state plan] 

Table 9 to Subpart DDDD of Part 60—Model 

Rule—Emission Limitations That Apply 

to Small, Remote Incinerators After May 

20, 2011 [Date to be specified in state 

plan] 

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 units (CISWIs) and air 

curtain incinerators (ACIs). The 

pollutants addressed by these emission 

guidelines are listed in table 2 of this 

subpart and tables 6 through 9 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 CISWIs that meet 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 a state plan to 

EPA by December 3, 2001 for 

incinerator units 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 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 February 7, 2014 for 

incinerators that commenced 

construction after November 30, 1999, 

but no later than June 4, 2010, or 

commenced modification or 

reconstruction after June 1, 2001 but no 

later than August 7, 2013. 

(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 9 of this subpart by 

February 7, 2014, for CISWIs other than 

incinerator units that commenced 

construction on or before June 4, 2010, 

or commenced modification or 

reconstruction after June 4, 2010 but no 

later than August 7, 2013. 

§ 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 CISWIs 

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 CISWIs, 

including those that have ceased 

operation but have not been dismantled; 

(2) Inventory of emissions from 

affected CISWIs in your state; 

(3) Compliance schedules for each 

affected CISWI; 

(4) Emission limitations, operator 

training and qualification requirements, 

a waste management plan, and 

operating limits for affected CISWIs 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; and 

(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 ACI 

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 CISWIs 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 9 of this subpart for CISWIs that 

commenced construction on or before 

June 4, 2010 and incinerator or ACIs 

that commenced reconstruction or 

modification on or after June 1, 2001 but 

no later than August 7, 2013, then EPA 

will develop a federal plan according to 

§ 60.27 to implement the emission 

guidelines contained in this subpart. 

Owners and operators of CISWIs not 

covered by an approved state plan must 

comply with the federal plan. The 

federal plan is an interim action and 

will be automatically withdrawn when 

your state plan is approved. 

§ 60.2530 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 is found in 

your state, the federal plan 

implementing the emission guidelines 

contained in this subpart would 

automatically apply to that CISWI until 

your state plan is approved. 


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§ 60.2535 What compliance schedule must 

I include in my state plan? 

(a) For CISWIs in the incinerator 

subcategory and ACIs that commenced 

construction on or before November 30, 

1999, your state plan must include 

compliance schedules that require 

CISWIs in the incinerator subcategory 

and ACIs 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; and 

(2) Three years after the effective date 

of state plan approval. 

(b) For CISWIs in the incinerator 

subcategory and ACIs that commenced 

construction after November 30, 1999, 

but on or before June 4, 2010 or that 

commenced reconstruction or 

modification on or after June 1, 2001 but 

no later than August 7, 2013, and for 

CISWIs in the small remote incinerator, 

energy recovery unit, and waste-burning 

kiln subcategories that commenced 

construction before June 4, 2010, your 

state plan must include compliance 

schedules that require CISWIs 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 (2) of 

this section: 

(1) February 7, 2018; and 

(2) Three 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 CISWIs to comply by 

the dates specified in § 60.2535. This 

applies instead of the option for case-bycase less stringent emission standards 

and longer compliance schedules in 

§ 60.24(f); and 

(b) State plans developed to 

implement this subpart are required to 

include two increments of progress for 

the affected CISWIs. 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 CISWIs. 

§ 60.2541 In lieu of a state plan submittal, 

are there other acceptable option(s) for a 

state to meet its Clean Air Act 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: 

(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; and 

(4) A commitment to enter into a 

Memorandum of Agreement with the 

Regional Administrator who 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 Clean Air Act 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 that will not be 

delegated to state, local, or tribal 

agencies are specified in paragraphs (a) 

through (i) of this section: 

(a) Approval of alternatives to the 

emission limitations in tables 2, 6, 7, 8, 

and 9 of this subpart and operating 

limits established under § 60.2675; 

(b) Approval of major alternatives to 

test methods; 

(c) Approval of major alternatives to 

monitoring; 

(d) Approval of major alternatives to 

recordkeeping and reporting; 

(e) The requirements in § 60.2680; 

(f) The requirements in 

§ 60.2665(b)(2); 

(g) Approval of alternative opacity 

emission limits in § 60.2670 under 

§ 60.11(e)(6) through (8); 

(h) Performance test and data 

reduction waivers under § 60.8(b)(4) and 

(5); and 

(i) Approval of an alternative to any 

electronic reporting to the EPA required 

by this subpart. 

§ 60.2545 Does this subpart directly affect 

CISWI owners and operators in my state? 

(a) No. This subpart does not directly 

affect CISWI owners and operators in 

your state. However, CISWI 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 for 

CISWIs that commenced construction 

before November 30, 1999 by December 

2, 2002, 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 

February 7, 2014, for CISWIs that 

commenced construction on or before 

June 4, 2010, EPA will implement and 

enforce a federal plan, as provided in 

§ 60.2525, to ensure that each unit 

within your state that commenced 

construction on or before June 4, 2010, 

reaches compliance with all the 

provisions of this subpart by February 7, 

2018. 

Applicability of State Plans 

§ 60.2550 What CISWIs 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) Commercial and industrial solid 

waste incineration units and ACIs in 

your state that commenced construction 

on or before June 4, 2010, or 

commenced modification or 


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reconstruction after June 4, 2010 but no 

later than August 7, 2013; 

(2) Incineration units that meet the 

definition of a CISWI as defined in 

§ 60.2875 or an ACI as defined in 

§ 60.2875; and 

(3) Incineration units not exempt 

under § 60.2555. 

(b) If the owner or operator of a CISWI 

or ACI makes changes that meet the 

definition of modification or 

reconstruction after August 7, 2013, the 

CISWI or ACI becomes subject to 

subpart CCCC of this part and the state 

plan no longer applies to that unit. 

(c) If the owner or operator of a CISWI 

or ACI makes physical or operational 

changes to an existing CISWI or ACI 

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) 

through (j) of this section, but some 

units are required to provide 

notifications. 

(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; and 

(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) Municipal waste combustion units. 

Incineration units that are subject to 

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). 

(c) 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). 

(d) Small power production facilities. 

Units that meet the four requirements 

specified in paragraphs (d)(1) through 

(4) 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 submit documentation to the 

Administrator notifying the Agency that 

the qualifying small power production 

facility is combusting homogenous 

waste; and 

(4) You maintain the records specified 

in § 60.2740(v). 

(e) Cogeneration facilities. Units that 

meet the four requirements specified in 

paragraphs (e)(1) through (4) 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 submit documentation to the 

Administrator notifying the Agency that 

the qualifying cogeneration facility is 

combusting homogenous waste; and 

(4) You maintain the records specified 

in § 60.2740(w). 

(f) Hazardous waste combustion units. 

Units for which you are required to get 

a permit under section 3005 of the Solid 

Waste Disposal Act. 

(g) Materials recovery units. Units that 

combust waste for the primary purpose 

of recovering metals, such as primary 

and secondary smelters. 

(h) Sewage treatment plants. 

Incineration units regulated under 

subpart O of this part (Standards of 

Performance for Sewage Treatment 

Plants). 

(i) Sewage sludge incineration units. 

Incineration units combusting sewage 

sludge for the purpose of reducing the 

volume of the sewage sludge by 

removing combustible matter that are 

subject to subpart LLLL of this part 

(Standards of Performance for New 

Sewage Sludge Incineration Units) or 

subpart MMMM of this part (Emission 

Guidelines and Compliance Times for 

Existing Sewage Sludge Incineration 

Units). 

(j) Other solid waste incineration 

units. Incineration units that are subject 

to subpart EEEE of this part (Standards 

of Performance for Other Solid Waste 

Incineration Units for Which 

Construction is Commenced After 

December 9, 2004, or for Which 

Modification or Reconstruction is 

Commenced on or After June 16, 2006) 

or subpart FFFF of this part (Emission 

Guidelines and Compliance Times for 

Other Solid Waste Incineration Units 

That Commenced Construction On or 

Before December 9, 2004). 

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 of this part) that 

addresses the regulatory requirements 

applicable to CISWIs. 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. 

§ 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) of this part. 

§ 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; and 

(k) Tables. 


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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; and 

(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; and 

(c) Signature of the owner or operator 

of the CISWI. 

§ 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 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; and 

(5) If applicable, the petition for sitespecific 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 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 and then restart it? 

(a) If you close your CISWI 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 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 and not restart 

it? 

If you plan to close your CISWI 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 can be operated unless 

a fully trained and qualified CISWI 

operator is accessible, either at the 

facility or can be at the facility within 

1 hour. The trained and qualified CISWI 

operator may operate the CISWI directly 

or be the direct supervisor of one or 

more other plant personnel who operate 

the unit. If all qualified CISWI operators 

are temporarily not accessible, you must 

follow the procedures in § 60.2665. 

(b) Operator training and qualification 

must be obtained through a stateapproved 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 and correct 

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; 


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(x) Pollution prevention; and 

(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. 

§ 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 startup; 

and 

(c) Six months after an employee 

assumes responsibility for operating the 

CISWI or assumes responsibility for 

supervising the operation of the CISWI. 

§ 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 and correction of 

malfunctions or conditions that may 

lead to malfunction; and 

(e) Discussion of operating problems 

encountered by attendees. 

§ 60.2655 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 § 60.2650; 

and 

(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 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; and 

(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 startup; 

and 

(iii) Six months after being assigned to 

operate the CISWI. 

(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 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; and 

(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 may be 

operated by other plant personnel 

familiar with the operation of the CISWI 

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; and 

(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. 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 is disapproved, the CISWI 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: 


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(i) A qualified operator is accessible 

as required under § 60.2635(a); and 

(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 CISWI, including 

bypass stack or vent, specified in table 

2 of this subpart or tables 6 through 9 

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 

(three 1-hour blocks consisting of ten 6- 

minute average opacity values) specified 

in table 2 of this subpart, as applicable. 

§ 60.2675 What operating limits must I 

meet and by when? 

(a) If you use a wet scrubber(s) to 

comply with the emission limitations, 

you must establish operating limits for 

up to 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) 

of this section, 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; and 

(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 particulate matter scrubber, which 

is calculated as the lowest 1-hour 

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 the lowest 1-hour average 

amperage to the wet scrubber measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(3) Minimum scrubber liquid flow 

rate, which is calculated as the lowest 

1-hour average liquid flow rate at the 

inlet to the wet acid gas or particulate 

matter scrubber measured during the 

most recent performance test 

demonstrating compliance with all 

applicable emission limitations. 

(4) Minimum scrubber liquor pH, 

which is calculated as the lowest 1-hour 

average liquor pH at the inlet to the wet 

acid gas scrubber measured during the 

most recent performance test 

demonstrating compliance with the HCl 

emission limitation. 

(b) You must meet the operating 

limits established on the date that the 

performance test report is submitted to 

the EPA’s Central Data Exchange or 

postmarked, per the requirements of 

§ 60.2795(b). 

(c) If you use a fabric filter to comply 

with the emission limitations and you 

do not use a PM CPMS for monitoring 

PM compliance, 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 and you do not use 

a PM CPMS for monitoring PM 

compliance, you must measure the 

(secondary) voltage and amperage of the 

electrostatic precipitator collection 

plates during the particulate matter 

performance test. Calculate the average 

electric power value (secondary voltage 

× secondary current = secondary electric 

power) for each test run. The operating 

limit for the electrostatic precipitator is 

calculated as the lowest 1-hour average 

secondary electric power measured 

during the most recent performance test 

demonstrating compliance with the 

particulate matter emission limitations. 

(e) If you use activated carbon sorbent 

injection to comply with the emission 

limitations, you must measure the 

sorbent flow rate during the 

performance testing. The operating limit 

for the carbon sorbent injection is 

calculated as the lowest 1-hour average 

sorbent flow rate measured during the 

most recent performance test 

demonstrating compliance with the 

mercury emission limitations. For 

energy recovery units, when your unit 

operates at lower loads, multiply your 

sorbent injection rate by the load 

fraction, as defined in this subpart, to 

determine the required injection rate 

(e.g., for 50 percent load, multiply the 

injection rate operating limit by 0.5). 

(f) If you use selective noncatalytic 

reduction to comply with the emission 

limitations, you must measure the 

charge rate, the secondary chamber 

temperature (if applicable to your 

CISWI), and the reagent flow rate during 

the nitrogen oxides performance testing. 

The operating limits for the selective 

noncatalytic reduction are calculated as 

the highest 1-hour average charge rate, 

lowest secondary chamber temperature, 

and lowest reagent flow rate measured 

during the most recent performance test 

demonstrating compliance with the 

nitrogen oxides emission limitations. 

(g) If you use a dry scrubber to comply 

with the emission limitations, you must 

measure the injection rate of each 

sorbent during the performance testing. 

The operating limit for the injection rate 

of each sorbent is calculated as the 

lowest 1-hour average injection rate of 

each sorbent measured during the most 

recent performance test demonstrating 

compliance with the hydrogen chloride 

emission limitations. For energy 

recovery units, when your unit operates 

at lower loads, multiply your sorbent 

injection rate by the load fraction, as 

defined in this subpart, to determine the 

required injection rate (e.g., for 50 

percent load, multiply the injection rate 

operating limit by 0.5). 

(h) If you do not use a wet scrubber, 

electrostatic precipitator, or fabric filter 

to comply with the emission limitations, 

and if you do not determine compliance 

with your particulate matter emission 

limitation with either a particulate 

matter CEMS or a particulate matter 

CPMS, you must maintain opacity to 

less than or equal to ten percent opacity 

(1-hour block average). 

(i) If you use a PM CPMS to 

demonstrate compliance, you must 

establish your PM CPMS operating limit 

and determine compliance with it 

according to paragraphs (i)(1) through 

(5) of this section: 

(1) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, record all hourly average 

output values (milliamps, or the digital 

signal equivalent) from the PM CPMS 

for the periods corresponding to the test 

runs (e.g., three 1-hour average PM 

CPMS output values for three 1-hour 

test runs): 

(i) Your PM CPMS must provide a 4– 

20 milliamp output, or the digital signal 

equivalent, and the establishment of its 


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relationship to manual reference 

method measurements must be 

determined in units of milliamps or 

digital bits; 

(ii) Your PM CPMS operating range 

must be capable of reading PM 

concentrations from zero to a level 

equivalent to at least two times your 

allowable emission limit. If your PM 

CPMS is an auto-ranging instrument 

capable of multiple scales, the primary 

range of the instrument must be capable 

of reading PM concentration from zero 

to a level equivalent to two times your 

allowable emission limit; and 

(iii) During the initial performance 

test or any such subsequent 

performance test that demonstrates 

compliance with the PM limit, record 

and average all milliamp output values, 

or their digital equivalent, from the PM 

CPMS for the periods corresponding to 

the compliance test runs (e.g., average 

all your PM CPMS output values for 

three corresponding 2-hour Method 5I 

test runs). 

(2) If the average of your three PM 

performance test runs are below 75 

percent of your PM emission limit, you 

must calculate an operating limit by 

establishing a relationship of PM CPMS 

signal to PM concentration using the PM 

CPMS instrument zero, the average PM 

CPMS output values corresponding to 

the three compliance test runs, and the 

average PM concentration from the 

Method 5 or performance test with the 

procedures in (i)(1)through (5) of this 

section: 

(i) Determine your instrument zero 

output with one of the following 

procedures: 

(A) Zero point data for in-situ 

instruments should be obtained by 

removing the instrument from the stack 

and monitoring ambient air on a test 

bench; 

(B) Zero point data for extractive 

instruments should be obtained by 

removing the extractive probe from the 

stack and drawing in clean ambient air; 

(C) The zero point can also can be 

established obtained by performing 

manual reference method measurements 

when the flue gas is free of PM 

emissions or contains very low PM 

concentrations (e.g., when your process 

is not operating, but the fans are 

operating or your source is combusting 

only natural gas) and plotting these with 

the compliance data to find the zero 

intercept; and 

(D) If none of the steps in paragraphs 

(i)(2)(i)(A) through (C) of this section are 

possible, you must use a zero output 

value provided by the manufacturer. 

(ii) Determine your PM CPMS 

instrument average in milliamps, or the 

digital equivalent, and the average of 

your corresponding three PM 

compliance test runs, using equation 1: 

Where: 

X1 = the PM CPMS output data points for the 

three runs constituting the performance 

test, 

Y1 = the PM concentration value for the three 

runs constituting the performance test, 

and 

n = the number of data points. 

(iii) With your instrument zero 

expressed in milliamps, or the digital 

equivalent, your three run average PM 

CPMS milliamp value, or its digital 

equivalent, and your three run average 

PM concentration from your three 

compliance tests, determine a 

relationship of mg/dscm per milliamp 

or digital signal equivalent, with 

equation 2: 

Where: 

R = the relative mg/dscm per milliamp, or the 

digital equivalent, for your PM CPMS, 

Y1 = the three run average mg/dscm PM 

concentration, 

X1 = the three run average milliamp output, 

or the digital equivalent, from you PM 

CPMS, and 

z = the milliamp or digital signal equivalent 

of your instrument zero determined from 

paragraph (i)(2)(i) of this section. 

(iv) Determine your source specific 

30-day rolling average operating limit 

using the mg/dscm per milliamp value, 

or per digital signal equivalent, from 

equation 2 in equation 3, below. This 

sets your operating limit at the PM 

CPMS output value corresponding to 75 

percent of your emission limit: 

Where: 

Ol = the operating limit for your PM CPMS 

on a 30-day rolling average, in milliamps 

or their digital signal equivalent, 

L = your source emission limit expressed in 

mg/dscm, 

z = your instrument zero in milliamps or 

digital equivalent, determined from 

paragraph (i)(2)(i) of this section, and 

R = the relative mg/dscm per milliamp, or 

per digital signal output equivalent, for 

your PM CPMS, from equation 2. 

(3) If the average of your three PM 

compliance test runs is at or above 75 

percent of your PM emission limit you 

must determine your operating limit by 

averaging the PM CPMS milliamp or 

digital signal output corresponding to 

your three PM performance test runs 

that demonstrate compliance with the 

emission limit using equation 4 and you 

must submit all compliance test and PM 

CPMS data according to the reporting 

requirements in paragraph (i)(5) of this 

section: 

Where: 

X1 = the PM CPMS data points for all runs 

i, 

n = the number of data points, and 

Oh = your site specific operating limit, in 

milliamps or digital signal equivalent. 

(4) To determine continuous 

compliance, you must record the PM 

CPMS output data for all periods when 

the process is operating and the PM 

CPMS is not out-of-control. You must 

demonstrate continuous compliance by 

using all quality-assured hourly average 

data collected by the PM CPMS for all 

operating hours to calculate the 

arithmetic average operating parameter 

in units of the operating limit (e.g., 

milliamps or digital signal bits, PM 

concentration, raw data signal) on a 30- 

day rolling average basis. 

(5) For PM performance test reports 

used to set a PM CPMS operating limit, 

the electronic submission of the test 

report must also include the make and 

model of the PM CPMS instrument, 

serial number of the instrument, 

analytical principle of the instrument 

(e.g., beta attenuation), span of the 

instruments primary analytical range, 

milliamp or digital signal value 

equivalent to the instrument zero 

output, technique by which this zero 

value was determined, and the average 

milliamp or digital signals 

corresponding to each PM compliance 

test run. 

§ 60.2680 What if I do not use a wet 

scrubber, fabric filter, activated carbon 

injection, selective noncatalytic reduction, 

an electrostatic precipitator, or a dry 

scrubber 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, fabric filter, an 

electrostatic precipitator, or a dry 

scrubber or limit emissions in some 

other manner, including mass balances, 

to comply with the emission limitations 

under § 60.2670, you must petition the 

EPA Administrator for specific 

operating limits to be established during 

the initial performance test and 

continuously monitored thereafter. You 

must submit the petition at least sixty 

days before the performance test is 

scheduled to begin. Your petition must 

include the five items listed in 


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paragraphs (a)(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; and 

(5) A discussion identifying the 

frequency and methods for recalibrating 

the instruments you will use for 

monitoring these parameters. 

(b) [Reserved] 

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 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 (except when using 

Method 9 and Method 22). 

(f) All pollutant concentrations, 

except for opacity, must be adjusted to 

7 percent oxygen using equation 5 of 

this section: 

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 (4) of this section: 

(1) Measure the concentration of each 

dioxin/furan tetra- through octa-isomer 

emitted using EPA Method 23 at 40 CFR 

part 60, appendix A; 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. [Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.]; 

(3) For each dioxin/furan (tetrathrough octa-chlorinated) isomer 

measured in accordance with paragraph 

(g)(1) and (2) of this section, multiply 

the isomer concentration by its 

corresponding toxic equivalency factor 

specified in table 4 of this subpart; and 

(4) Sum the products calculated in 

accordance with paragraph (g)(3) of this 

section to obtain the total concentration 

of dioxins/furans emitted in terms of 

toxic equivalency. 

(h) Method 22 at 40 CFR part 60, 

appendix A–7 must be used to 

determine compliance with the fugitive 

ash emission limit in table 2 of this 

subpart or tables 6 through 9 of this 

subpart. 

(i) If you have an applicable opacity 

operating limit, you must determine 

compliance with the opacity limit using 

Method 9 at 40 CFR part 60, appendix 

A–4, based on three 1-hour blocks 

consisting of ten 6-minute average 

opacity values, unless you are required 

to install a continuous opacity 

monitoring system, consistent with 

§ 60.2710 and § 60.2730. 

(j) You must determine dioxins/furans 

total mass basis by following the 

procedures in paragraphs (j)(1) through 

(3) of this section: 

(1) Measure the concentration of each 

dioxin/furan tetra- through octachlorinated isomer emitted using EPA 

Method 23 at 40 CFR part 60, appendix 

A–7; 

(2) Quantify isomers meeting 

identification criteria 2, 3, 4, and 5 in 

Section 5.3.2.5 of Method 23, regardless 

of whether the isomers meet 

identification criteria 1 and 7. You must 

quantify the isomers per Section 9.0 of 

Method 23. (Note: You may reanalyze 

the sample aliquot or split to reduce the 

number of isomers not meeting 

identification criteria 1 or 7 of Section 

5.3.2.5.); and 

(3) Sum the quantities measured in 

accordance with paragraphs (j)(1) and 

(2) of this section to obtain the total 

concentration of dioxins/furans emitted 

in terms of total mass basis. 

§ 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 9 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? 

You must conduct a performance test, 

as required under §§ 60.2670 and 

60.2690, to determine compliance with 

the emission limitations in table 2 of 

this subpart and tables 6 through 9 of 

this subpart, to establish compliance 

with any opacity operating limits in 

§ 60.2675, to establish the kiln-specific 

emission limit in § 60.2710(y), as 

applicable, and to establish operating 

limits using the procedures in § 60.2675 

or § 60.2680. The performance test must 

be conducted using the test methods 

listed in table 2 of this subpart and 

tables 6 through 9 of this subpart and 

the procedures in § 60.2690. The use of 

the bypass stack during a performance 

test shall invalidate the performance 

test. 

As an alternative to conducting a 

performance test, as required under 

§§ 60.2690 and 60.2670, you may use a 

30-day rolling average of the 1-hour 

arithmetic average CEMS data, 

including CEMS data during startup and 

shutdown as defined in this subpart, to 

determine compliance with the 

emission limitations in Table 1 of this 


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subpart or Tables 5 through 8 of this 

subpart. You must conduct a 

performance evaluation of each 

continuous monitoring system within 

180 days of installation of the 

monitoring system. The initial 

performance evaluation must be 

conducted prior to collecting CEMS data 

that will be used for the initial 

compliance demonstration. 

§ 60.2705 By what date must I conduct the 

initial performance test? 

(a) 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. 

(b) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you conducted a 

test consistent with the provisions of 

this subpart while combusting the given 

solid waste within the 6 months 

preceding the reintroduction of that 

solid waste in the combustion chamber, 

you do not need to retest until 6 months 

from the date you reintroduce that solid 

waste. 

(c) If you commence or recommence 

combusting a solid waste at an existing 

combustion unit at any commercial or 

industrial facility and you have not 

conducted a performance test consistent 

with the provisions of this subpart 

while combusting the given solid waste 

within the 6 months preceding the 

reintroduction of that solid waste in the 

combustion chamber, you must conduct 

a performance test within 60 days from 

the date you reintroduce solid waste. 

§ 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 

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 amended 

emission limitations and the operating 

limits? 

(a) Compliance with standards. (1) 

The emission standards and operating 

requirements set forth in this subpart 

apply at all times. 

(2) If you cease combusting solid 

waste you may opt to remain subject to 

the provisions of this subpart. 

Consistent with the definition of CISWI, 

you are subject to the requirements of 

this subpart at least 6 months following 

the last date of solid waste combustion. 

Solid waste combustion is ceased when 

solid waste is not in the combustion 

chamber (i.e., the solid waste feed to the 

combustor has been cut off for a period 

of time not less than the solid waste 

residence time). 

(3) If you cease combusting solid 

waste you must be in compliance with 

any newly applicable standards on the 

effective date of the waste-to-fuel 

switch. The effective date of the wasteto-fuel switch is a date selected by you, 

that must be at least 6 months from the 

date that you ceased combusting solid 

waste, consistent with § 60.2710(a)(2). 

Your source must remain in compliance 

with this subpart until the effective date 

of the waste-to-fuel switch. 

(4) If you own or operate an existing 

commercial or industrial combustion 

unit that combusted a fuel or non-waste 

material, and you commence or 

recommence combustion of solid waste, 

you are subject to the provisions of this 

subpart as of the first day you introduce 

or reintroduce solid waste to the 

combustion chamber, and this date 

constitutes the effective date of the fuelto-waste switch. You must complete all 

initial compliance demonstrations for 

any Section 112 standards that are 

applicable to your facility before you 

commence or recommence combustion 

of solid waste. You must provide 30 

days prior notice of the effective date of 

the waste-to-fuel switch. The 

notification must identify: 

(i) The name of the owner or operator 

of the CISWI, the location of the source, 

the emissions unit(s) that will cease 

burning solid waste, and the date of the 

notice; 

(ii) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

(iii) The fuel(s), non-waste material(s) 

and solid waste(s) the CISWI is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(iv) The date on which you became 

subject to the currently applicable 

emission limits; 

(v) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

(a)(2) and (3) of this section. 

(5) All air pollution control 

equipment necessary for compliance 

with any newly applicable emissions 

limits which apply as a result of the 

cessation or commencement or 

recommencement of combusting solid 

waste must be installed and operational 

as of the effective date of the waste-tofuel, or fuel-to-waste switch. 

(6) All monitoring systems necessary 

for compliance with any newly 

applicable monitoring requirements 

which apply as a result of the cessation 

or commencement or recommencement 

of combusting solid waste must be 

installed and operational as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. All calibration and 

drift checks must be performed as of the 

effective date of the waste-to-fuel, or 

fuel-to-waste switch. Relative accuracy 

tests must be performed as of the 

performance test deadline for PM CEMS 

(if PM CEMS are elected to demonstrate 

continuous compliance with the 

particulate matter emission limits). 

Relative accuracy testing for other 

CEMS need not be repeated if that 

testing was previously performed 

consistent with section 112 monitoring 

requirements or monitoring 

requirements under this subpart. 

(b) You must conduct an annual 

performance test for the pollutants 

listed in table 2 of this subpart or tables 

6 through 9 of this subpart and opacity 

for each CISWI as required under 

§ 60.2690. The annual performance test 

must be conducted using the test 

methods listed in table 2 of this subpart 

or tables 6 through 9 of this subpart and 

the procedures in § 60.2690. Opacity 

must be measured using EPA Reference 

Method 9 at 40 CFR part 60. Annual 

performance tests are not required if you 

use CEMS or continuous opacity 

monitoring systems to determine 

compliance. 

(c) You must continuously monitor 

the operating parameters specified in 

§ 60.2675 or established under § 60.2680 

and as specified in § 60.2735. Operation 

above the established maximum or 

below the established minimum 

operating limits constitutes a deviation 

from the established operating limits. 

Three-hour block average values are 


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used to determine compliance (except 

for baghouse leak detection system 

alarms) unless a different averaging 

period is established under § 60.2680 or, 

for energy recovery units, where the 

averaging time for each operating 

parameter is a 30-day rolling, calculated 

each hour as the average of the previous 

720 operating hours over the previous 

30 days of operation. Operation above 

the established maximum, below the 

established minimum, or outside the 

allowable range of the operating limits 

specified in paragraph (a) of this section 

constitutes a deviation from your 

operating limits established under this 

subpart, except during performance 

tests conducted to determine 

compliance with the emission and 

operating limits or to establish new 

operating limits. Operating limits are 

confirmed or reestablished during 

performance tests. 

(d) You must burn only the same 

types of waste and fuels used to 

establish subcategory applicability (for 

ERUs) and operating limits during the 

performance test. 

(e) For energy recovery units, 

incinerators, and small remote units, 

you must perform annual visual 

emissions test for ash handling. 

(f) For energy recovery units, you 

must conduct an annual performance 

test for opacity using EPA Reference 

Method 9 at 40 CFR part 60 (except 

where particulate matter continuous 

monitoring system or continuous 

parameter monitoring systems are used) 

and the pollutants listed in table 7 of 

this subpart. 

(g) For facilities using a CEMS to 

demonstrate compliance with the 

carbon monoxide emission limit, 

compliance with the carbon monoxide 

emission limit may be demonstrated by 

using the CEMS, as described in 

§ 60.2730(o). 

(h) Coal and liquid/gas energy 

recovery units with annual average heat 

input rates greater than 250 MMBtu/hr 

may elect to demonstrate continuous 

compliance with the particulate matter 

emissions limit using a particulate 

matter CEMS according to the 

procedures in § 60.2730(n) instead of 

the continuous parameter monitoring 

system specified in § 60.2710(i). Coal 

and liquid/gas energy recovery units 

with annual average heat input rates 

less than 250 MMBtu/hr, incinerators, 

and small remote incinerators may also 

elect to demonstrate compliance using a 

particulate matter CEMS according to 

the procedures in § 60.2730(n) instead 

of particulate matter testing with EPA 

Method 5 at 40 CFR part 60, appendix 

A–3 and, if applicable, the continuous 

opacity monitoring requirements in 

paragraph (i) of this section. 

(i) For energy recovery units with 

annual average heat input rates greater 

than or equal to 10 MMBTU/hour but 

less than 250 MMBtu/hr that do not use 

a wet scrubber, fabric filter with bag 

leak detection system, an electrostatic 

precipitator, particulate matter CEMS, 

or particulate matter CPMS, you must 

install, operate, certify and maintain a 

continuous opacity monitoring system 

(COMS) according to the procedures in 

§ 60.2730(m). 

(j) For waste-burning kilns, you must 

conduct an annual performance test for 

the pollutants (except mercury and 

particulate matter, and hydrogen 

chloride if no acid gas wet scrubber or 

dry scrubber is used) listed in table 8 of 

this subpart, unless you choose to 

demonstrate initial and continuous 

compliance using CEMS, as allowed in 

paragraph (u) of this section. If you do 

not use an acid gas wet scrubber or dry 

scrubber, you must determine 

compliance with the hydrogen chloride 

emissions limit using a HCl CEMS 

according to the requirements in 

paragraph (j)(1) of this section. You 

must determine compliance with the 

mercury emissions limit using a 

mercury CEMS or an integrated sorbent 

trap monitoring system according to 

paragraph (j)(2) of this section. You 

must determine compliance with 

particulate matter using CPMS. 

(1) If you monitor compliance with 

the HCl emissions limit by operating an 

HCl CEMS, you must do so in 

accordance with Performance 

Specification 15 (PS 15) of appendix B 

to 40 CFR part 60, or, PS 18 of appendix 

B to 40 CFR part 60. You must operate, 

maintain, and quality assure a HCl 

CEMS installed and certified under PS 

15 according to the quality assurance 

requirements in Procedure 1 of 

appendix F to 40 CFR part 60 except 

that the Relative Accuracy Test Audit 

requirements of Procedure 1 must be 

replaced with the validation 

requirements and criteria of sections 

11.1.1 and 12.0 of PS 15. You must 

operate, maintain and quality assure a 

HCl CEMS installed and certified under 

PS 18 according to the quality assurance 

requirements in Procedure 6 of 

appendix F to 40 CFR part 60. For any 

performance specification that you use, 

you must use Method 321 of appendix 

A to 40 CFR part 63 as the reference test 

method for conducting relative accuracy 

testing. The span value and calibration 

requirements in paragraphs (j)(1)(i) and 

(ii) of this section apply to all HCl 

CEMS used under this subpart: 

(i) You must use a measurement span 

value for any HCl CEMS of 0–10 ppmvw 

unless the monitor is installed on a kiln 

without an inline raw mill. Kilns 

without an inline raw mill may use a 

higher span value sufficient to quantify 

all expected emissions concentrations. 

The HCl CEMS data recorder output 

range must include the full range of 

expected HCl concentration values 

which would include those expected 

during ‘‘mill off’’ conditions. The 

corresponding data recorder range shall 

be documented in the site-specific 

monitoring plan and associated records; 

and 

(ii) In order to quality assure data 

measured above the span value, you 

must use one of the three options in 

paragraphs (j)(1)(ii)(A) through (C) of 

this section: 

(A) Include a second span that 

encompasses the HCl emission 

concentrations expected to be 

encountered during ‘‘mill off’’ 

conditions. This second span may be 

rounded to a multiple of 5 ppm of total 

HCl. The requirements of the 

appropriate HCl monitor performance 

specification shall be followed for this 

second span with the exception that a 

RATA with the mill off is not required; 

(B) Quality assure any data above the 

span value by proving instrument 

linearity beyond the span value 

established in paragraph (j)(1)(i) of this 

section using the following procedure. 

Conduct a weekly ‘‘above span 

linearity’’ calibration challenge of the 

monitoring system using a reference gas 

with a certified value greater than your 

highest expected hourly concentration 

or greater than 75% of the highest 

measured hourly concentration. The 

‘‘above span’’ reference gas must meet 

the requirements of the applicable 

performance specification and must be 

introduced to the measurement system 

at the probe. Record and report the 

results of this procedure as you would 

for a daily calibration. The ‘‘above span 

linearity’’ challenge is successful if the 

value measured by the HCl CEMS falls 

within 10 percent of the certified value 

of the reference gas. If the value 

measured by the HCl CEMS during the 

above span linearity challenge exceeds 

10 percent of the certified value of the 

reference gas, the monitoring system 

must be evaluated and repaired and a 

new ‘‘above span linearity’’ challenge 

met before returning the HCl CEMS to 

service, or data above span from the HCl 

CEMS must be subject to the quality 

assurance procedures established in 

(j)(1)(ii)(D) of this section. In this 

manner values measured by the HCl 

CEMS during the above span linearity 

challenge exceeding +/¥20 percent of 

the certified value of the reference gas 

must be normalized using equation 6; 


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(C) Quality assure any data above the 

span value established in paragraph 

(j)(1)(i) of this section using the 

following procedure. Any time two 

consecutive one-hour average measured 

concentration of HCl exceeds the span 

value you must, within 24 hours before 

or after, introduce a higher, ‘‘above 

span’’ HCl reference gas standard to the 

HCl CEMS. The ‘‘above span’’ reference 

gas must meet the requirements of the 

applicable performance specification 

and target a concentration level between 

50 and 150 percent of the highest 

expected hourly concentration 

measured during the period of 

measurements above span, and must be 

introduced at the probe. While this 

target represents a desired concentration 

range that is not always achievable in 

practice, it is expected that the intent to 

meet this range is demonstrated by the 

value of the reference gas. Expected 

values may include above span 

calibrations done before or after the 

above-span measurement period. Record 

and report the results of this procedure 

as you would for a daily calibration. The 

‘‘above span’’ calibration is successful if 

the value measured by the HCl CEMS is 

within 20 percent of the certified value 

of the reference gas. If the value 

measured by the HCl CEMS is not 

within 20 percent of the certified value 

of the reference gas, then you must 

normalize the stack gas values measured 

above span as described in paragraph 

(j)(1)(ii)(D) of this section. If the ‘‘above 

span’’ calibration is conducted during 

the period when measured emissions 

are above span and there is a failure to 

collect the one data point in an hour 

due to the calibration duration, then you 

must determine the emissions average 

for that missed hour as the average of 

hourly averages for the hour preceding 

the missed hour and the hour following 

the missed hour. In an hour where an 

‘‘above span’’ calibration is being 

conducted and one or more data points 

are collected, the emissions average is 

represented by the average of all valid 

data points collected in that hour; and 

(D) In the event that the ‘‘above span’’ 

calibration is not successful (i.e., the 

HCl CEMS measured value is not within 

20 percent of the certified value of the 

reference gas), then you must normalize 

the one-hour average stack gas values 

measured above the span during the 24- 

hour period preceding or following the 

‘‘above span’’ calibration for reporting 

based on the HCl CEMS response to the 

reference gas as shown in equation 6: 

Only one ‘‘above span’’ calibration is 

needed per 24-hour period. 

(2) Compliance with the mercury 

emissions limit must be determined 

using a mercury CEMS or integrated 

sorbent trap monitoring system 

according to the following requirements: 

(i) You must operate a mercury CEMS 

in accordance with performance 

specification 12A at 40 CFR part 60, 

appendix B or an integrated sorbent trap 

monitoring system in accordance with 

performance specification 12B at 40 

CFR part 60, appendix B; these 

monitoring systems must be quality 

assured according to procedure 5 of 40 

CFR 60, appendix F. For the purposes 

of emissions calculations when using an 

integrated sorbent trap monitoring 

system, the mercury concentration 

determined for each sampling period 

must be assigned to each hour during 

the sampling period. If you choose to 

comply with the production-rate based 

mercury limit for your waste-burning 

kiln, you must also monitor hourly 

clinker production and determine the 

hourly mercury emissions rate in 

pounds per million ton of clinker 

produced. You must demonstrate 

compliance with the mercury emissions 

limit using a 30-day rolling average of 

these 1-hour mercury concentrations or 

mass emissions rates, including CEMS 

data during startup and shutdown as 

defined in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7 of this part. CEMS data 

during startup and shutdown, as 

defined in this subpart, are not 

corrected to 7 percent oxygen, and are 

measured at stack oxygen content; 

(ii) Owners or operators using a 

mercury CEMS or integrated sorbent 

trap monitoring system to determine 

mass emission rate must install, operate, 

calibrate and maintain an instrument for 

continuously measuring and recording 

the mercury mass emissions rate to the 

atmosphere according to the 

requirements of performance 

specification 6 at 40 CFR part 60, 

appendix B and conducting an annual 

relative accuracy test of the continuous 

emission rate monitoring system 

according to section 8.2 of performance 

specification 6; and 

(iii) The owner or operator of a wasteburning kiln must demonstrate initial 

compliance by operating a mercury 

CEMS or integrated sorbent trap 

monitoring system while the raw mill of 

the in-line kiln/raw mill is operating 

under normal conditions and including 

at least one period when the raw mill is 

off. 

(k) 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; and 

(2) Develop a site-specific monitoring 

plan according to the requirements in 

paragraph (l) of this section. This 

requirement also applies to you if you 

petition the EPA Administrator for 

alternative monitoring parameters under 

§ 60.13(i). 

(l) For each CMS 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 (l) 

that addresses paragraphs (l)(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; and 


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(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 site-specific monitoring plan. 

(3) You must operate and maintain 

the continuous monitoring system in 

continuous operation according to the 

site-specific monitoring plan. 

(m) If you have an operating limit that 

requires the use of a flow monitoring 

system, you must meet the requirements 

in paragraphs (l) and (m)(1) through (4) 

of this section: 

(1) Install the flow sensor and other 

necessary equipment in a position that 

provides a representative flow; 

(2) Use a flow sensor with a 

measurement sensitivity at full scale of 

no greater than 2 percent; 

(3) Minimize the effects of swirling 

flow or abnormal velocity distributions 

due to upstream and downstream 

disturbances; and 

(4) Conduct a flow monitoring system 

performance evaluation in accordance 

with your monitoring plan at the time 

of each performance test but no less 

frequently than annually. 

(n) If you have an operating limit that 

requires the use of a pressure 

monitoring system, you must meet the 

requirements in paragraphs (l) and (n)(1) 

through (6) of this section: 

(1) Install the pressure sensor(s) in a 

position that provides a representative 

measurement of the pressure (e.g., PM 

scrubber pressure drop); 

(2) Minimize or eliminate pulsating 

pressure, vibration, and internal and 

external corrosion; 

(3) Use a pressure sensor with a 

minimum tolerance of 1.27 centimeters 

of water or a minimum tolerance of 1 

percent of the pressure monitoring 

system operating range, whichever is 

less; 

(4) Perform checks at the frequency 

outlined in your site-specific monitoring 

plan to ensure pressure measurements 

are not obstructed (e.g., check for 

pressure tap plugging daily); 

(5) Conduct a performance evaluation 

of the pressure monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than annually; and 

(6) If at any time the measured 

pressure exceeds the manufacturer’s 

specified maximum operating pressure 

range, conduct a performance 

evaluation of the pressure monitoring 

system in accordance with your 

monitoring plan and confirm that the 

pressure monitoring system continues to 

meet the performance requirements in 

your monitoring plan. Alternatively, 

install and verify the operation of a new 

pressure sensor. 

(o) If you have an operating limit that 

requires a pH monitoring system, you 

must meet the requirements in 

paragraphs (l) and (o)(1) through (4) of 

this section: 

(1) Install the pH sensor in a position 

that provides a representative 

measurement of scrubber effluent pH; 

(2) Ensure the sample is properly 

mixed and representative of the fluid to 

be measured; 

(3) Conduct a performance evaluation 

of the pH monitoring system in 

accordance with your monitoring plan 

at least once each process operating day; 

and 

(4) Conduct a performance evaluation 

(including a two-point calibration with 

one of the two buffer solutions having 

a pH within 1 of the pH of the operating 

limit) of the pH monitoring system in 

accordance with your monitoring plan 

at the time of each performance test but 

no less frequently than quarterly. 

(p) If you have an operating limit that 

requires a secondary electric power 

monitoring system for an electrostatic 

precipitator, you must meet the 

requirements in paragraphs (l) and (p)(1) 

and (2) of this section: 

(1) Install sensors to measure 

(secondary) voltage and current to the 

precipitator collection plates; and 

(2) Conduct a performance evaluation 

of the electric power monitoring system 

in accordance with your monitoring 

plan at the time of each performance 

test but no less frequently than 

annually. 

(q) If you have an operating limit that 

requires the use of a monitoring system 

to measure sorbent injection rate (e.g., 

weigh belt, weigh hopper, or hopper 

flow measurement device), you must 

meet the requirements in paragraphs (l) 

and (q)(1) and (2) of this section: 

(1) Install the system in a position(s) 

that provides a representative 

measurement of the total sorbent 

injection rate; and 

(2) Conduct a performance evaluation 

of the sorbent injection rate monitoring 

system in accordance with your 

monitoring plan at the time of each 

performance test but no less frequently 

than annually. 

(r) 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 (l) and (r)(1) through (5) of 

this section: 

(1) Install a bag leak detection 

sensor(s) in a position(s) that will be 

representative of the relative or absolute 

particulate matter loadings for each 

exhaust stack, roof vent, or 

compartment (e.g., for a positive 

pressure fabric filter) of the fabric filter; 

(2) Use a bag leak detection system 

certified by the manufacturer to be 

capable of detecting particulate matter 

emissions at concentrations of 10 

milligrams per actual cubic meter or 

less; 

(3) Conduct a performance evaluation 

of the bag leak detection system in 

accordance with your monitoring plan 

and consistent with the guidance 

provided in EPA–454/R–98–015 

(incorporated by reference, see § 60.17); 

(4) Use a bag leak detection system 

equipped with a device to continuously 

record the output signal from the sensor; 

and 

(5) Use a bag leak detection system 

equipped with a system that will sound 

an alarm when an increase in relative 

particulate matter emissions over a 

preset level is detected. The alarm must 

be located where it is observed readily 

by plant operating personnel. 

(s) For facilities using a CEMS to 

demonstrate initial and continuous 

compliance with the sulfur dioxide 

emission limit, compliance with the 

sulfur dioxide emission limit may be 

demonstrated by using the CEMS 

specified in § 60.2730(l) to measure 

sulfur dioxide. The sulfur dioxide 

CEMS must follow the procedures and 

methods specified in paragraph (s) of 

this section. For sources that have actual 

inlet emissions less than 100 parts per 

million dry volume, the relative 

accuracy criterion for inlet sulfur 

dioxide CEMS 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 CEMS, 

whichever is greater: 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 in appendix 

B of this part, collect sulfur dioxide and 

oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(s)(1)(i) and (ii) of this section: 

(i) For sulfur dioxide, EPA Reference 

Method 6 or 6C, or as an alternative 

ANSI/ASME PTC 19.10–1981 

(incorporated by reference, see § 60.17) 

must be used; and 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, or as 

an alternative ANSI/ASME PTC 19.10– 

1981 (incorporated by reference, see 

§ 60.17), as applicable, must be used. 


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(2) The span value of the CEMS 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 subpart. The span value of the 

CEMS 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 subpart. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(t) For facilities using a CEMS to 

demonstrate initial and continuous 

compliance with the nitrogen oxides 

emission limit, compliance with the 

nitrogen oxides emission limit may be 

demonstrated by using the CEMS 

specified in § 60.2730 to measure 

nitrogen oxides. The nitrogen oxides 

CEMS must follow the procedures and 

methods specified in paragraphs (t)(1) 

through (4) of this section: 

(1) During each relative accuracy test 

run of the CEMS required by 

performance specification 2 of appendix 

B of this part, collect nitrogen oxides 

and oxygen (or carbon dioxide) data 

concurrently (or within a 30- to 60- 

minute period) with both the CEMS and 

the test methods specified in paragraphs 

(t)(1)(i) and (ii) of this section: 

(i) For nitrogen oxides, EPA Reference 

Method 7 or 7E at 40 CFR part 60, 

appendix A–4 must be used; and 

(ii) For oxygen (or carbon dioxide), 

EPA Reference Method 3A or 3B, or as 

an alternative ANSI/ASME PTC 19.10– 

1981 (incorporated by reference, see 

§ 60.17), as applicable, must be used. 

(2) The span value of the CEMS must 

be 125 percent of the maximum 

estimated hourly potential nitrogen 

oxide emissions of unit. 

(3) Conduct accuracy determinations 

quarterly and calibration drift tests daily 

in accordance with procedure 1 in 

appendix F of this part. 

(4) 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 (t)(4)(i) through (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 

3A, 3B, or as an alternative ANSI/ASME 

PTC 19.10–1981 (incorporated by 

reference, see § 60.17), as applicable, 

must be used to determine the oxygen 

concentration at the same location as 

the carbon dioxide monitor; 

(ii) Samples must be taken for at least 

30 minutes in each hour; 

(iii) Each sample must represent a 1- 

hour average; and 

(iv) A minimum of 3 runs must be 

performed. 

(u) For facilities using a CEMS or an 

integrated sorbent trap monitoring 

system for mercury to demonstrate 

initial and 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 30- 

day rolling average of 1-hour arithmetic 

average emission concentrations, 

including CEMS or an integrated 

sorbent trap monitoring system data 

during startup and shutdown, as 

defined in this subpart, calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at appendix A–7 

of this part. The 1-hour arithmetic 

averages for CEMS must be calculated 

using the data points required under 

§ 60.13(e)(2). Except for CEMS or an 

integrated sorbent trap monitoring 

system data during startup and 

shutdown, the 1-hour arithmetic 

averages used to calculate the 30-day 

rolling average emission concentrations 

must be corrected to 7 percent oxygen 

(dry basis). Integrated sorbent trap 

monitoring system or CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content; and 

(2) Operate all CEMS and integrated 

sorbent trap monitoring systems in 

accordance with the applicable 

procedures under appendices B and F of 

this part. 

(v) Use of the bypass stack at any time 

is an emissions standards deviation for 

particulate matter, HCl, Pb, Cd, Hg, 

NOX, SO2, and dioxin/furans. 

(w) For energy recovery units with a 

design heat input capacity of 100 

MMBtu per hour or greater that do not 

use a carbon monoxide CEMS, you must 

install, operate, and maintain an oxygen 

analyzer system as defined in § 60.2875 

according to the procedures in 

paragraphs (w)(1) through (4) of this 

section: 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2675; 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (w)(3) of this section at all 

times; 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen is not below 

the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test; and 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(x) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (x)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure): 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with paragraphs (l) and 

(x)(1)(i) through (iii) of this section: 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation of the exhaust gas or 

representative sample. The reportable 

measurement output from the PM CPMS 

must be expressed as milliamps or the 

digital signal equivalent; 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes; and 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2675. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 


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(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

during all energy recovery unit or wasteburning kiln operating hours data 

(milliamps or their digital equivalent). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (x)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit. Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under paragraph (x) of this 

section; and 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(y) When there is an alkali bypass 

and/or an in-line coal mill that exhaust 

emissions through a separate stack(s), 

the combined emissions are subject to 

the emission limits applicable to wasteburning kilns. To determine the kilnspecific emission limit for 

demonstrating compliance, you must: 

(1) Calculate a kiln-specific emission 

limit using equation 8: 

Where: 

Cks = Kiln stack concentration (ppmvd, mg/ 

dscm, ng/dscm, depending on pollutant. 

Each corrected to 7% O2.) 

Qab = Alkali bypass flow rate (volume/hr) 

Cab = Alkali bypass concentration (ppmvd, 

mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qcm = In-line coal mill flow rate (volume/hr) 

Ccm = In-line coal mill concentration (ppmvd, 

mg/dscm, ng/dscm, depending on 

pollutant. Each corrected to 7% O2.) 

Qks = Kiln stack flow rate (volume/hr) 

(2) Particulate matter concentration 

must be measured downstream of the 

in-line coal mill. All other pollutant 

concentrations must be measured either 

upstream or downstream of the in-line 

coal mill. 

(3) For purposes of determining the 

combined emissions from kilns 

equipped with an alkali bypass or that 

exhaust kiln gases to a coal mill that 

exhausts through a separate stack, 

instead of installing a CEMS or PM 

CPMS on the alkali bypass stack or inline coal mill stack, the results of the 

initial and subsequent performance test 

can be used to demonstrate compliance 

with the relevant emissions limit. A 

performance test must be conducted on 

an annual basis (between 11 and 13 

calendar months following the previous 

performance test). 

§ 60.2715 By what date must I conduct the 

annual performance test? 

You must conduct annual 

performance tests between 11 and 13 

months of the previous performance 

test. 

§ 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 must conduct annual 

performance tests according to the 

schedule specified in § 60.2715, with 

the following exceptions: 

(1) You may conduct a repeat 

performance test at any time to establish 

new values for the operating limits, as 

specified in § 60.2725. New operating 

limits become effective on the date that 

the performance test report is submitted 

to the EPA’s Central Data Exchange or 

postmarked, per the requirements of 

§ 60.2795(b). The Administrator may 

request a repeat performance test at any 

time; 

(2) You must repeat the performance 

test within 60 days of a process change, 

as defined in § 60.2875; and 

(3) You can conduct performance tests 

less often if you meet the following 

conditions: Your performance tests for 

the pollutant for at least 2 consecutive 

years demonstrates that the emission 

level for the pollutant is no greater than 

the emission level specified in 

paragraph (a)(3)(i) or (a)(3)(ii) of this 

section, as applicable; there are no 

changes in the operation of the affected 

source or air pollution control 


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equipment that could increase 

emissions; and you are not required to 

conduct a performance test for the 

pollutant in response to a request by the 

Administrator in paragraph (a)(1) of this 

section or a process change in paragraph 

(a)(2) of this section. 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 

for the pollutant during the third year 

and no more than 37 months following 

the previous performance test for the 

pollutant. If the emission level for your 

CISWI continues to meet the emission 

level specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

you may choose to conduct performance 

tests for the pollutant every third year, 

as long as there are no changes in the 

operation of the affected source or air 

pollution control equipment that could 

increase emissions. Each such 

performance test must be conducted no 

more than 37 months after the previous 

performance test. 

(i) For particulate matter, hydrogen 

chloride, mercury, carbon monoxide, 

nitrogen oxides, sulfur dioxide, 

cadmium, lead, and dioxins/furans, the 

emission level equal to 75 percent of the 

applicable emission limit in table 2 or 

tables 6 through 9 of this subpart, as 

applicable; and 

(ii) For fugitive emissions, visible 

emissions (of combustion ash from the 

ash conveying system) for 2 percent of 

the time during each of the three 1-hour 

observation periods. 

(4) If you are conducting less frequent 

testing for a pollutant as provided in 

paragraph (a)(3) of this section and a 

subsequent performance test for the 

pollutant indicates that your CISWI 

does not meet the emission level 

specified in paragraph (a)(3)(i) or 

(a)(3)(ii) of this section, as applicable, 

you must conduct annual performance 

tests for the pollutant according to the 

schedule specified in paragraph (a) of 

this section until you qualify for less 

frequent testing for the pollutant as 

specified in paragraph (a)(3) of this 

section. 

(b) [Reserved] 

§ 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 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 

and you do not use a PM CPMS or PM 

CEMS for monitoring PM compliance, 

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 alert automatically an operator 

when an increase in relative particulate 

matter emission over a preset level is 

detected. The alarm must be located 

where it is observed easily 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; and 

(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, an 

electrostatic precipitator, or a dry 

scrubber to comply with the emission 

limitations under § 60.2670, 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 § 60.2680. 

(d) If you use activated carbon 

injection to comply with the emission 

limitations in this subpart, you must 

measure the minimum 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 

§ 60.2690, 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) or the minimum reagent 

flow rate measured as 3-hour block 

averages at all times; and 

(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 and you 

do not use a PM CPMS for monitoring 

PM compliance, you must monitor the 

secondary power to 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) For waste-burning kilns not 

equipped with a wet scrubber or dry 

scrubber, you must install, calibrate, 

maintain, and operate a CEMS for 

monitoring hydrogen chloride emissions 

discharged to the atmosphere, as 

specified in § 60.2710(j), and record the 

output of the system. You may 

substitute use of a HCl CEMS for 

conducting the HCl initial and annual 

testing with EPA Method 321 at 40 CFR 

part 63, appendix A. For units other 

than waste-burning kilns not equipped 

with a wet scrubber or dry scrubber, a 

facility may substitute use of a hydrogen 

chloride CEMS for conducting the 

hydrogen chloride initial and annual 

performance test, monitoring the 

minimum hydrogen chloride sorbent 


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flow rate, monitoring the minimum 

scrubber liquor pH, and monitoring 

minimum injection rate. 

(h) To demonstrate continuous 

compliance with the particulate matter 

emissions limit, a facility may substitute 

use of either a particulate matter CEMS 

or a particulate matter CPMS for 

conducting the particulate matter 

annual performance test and other CMS 

monitoring for PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure). A facility may 

also substitute use of a particulate 

matter CEMS for conducting the PM 

initial performance test. 

(i) To demonstrate initial and 

continuous compliance with the dioxin/ 

furan emissions limit, a facility may 

substitute use of a continuous 

automated sampling system for the 

dioxin/furan initial and annual 

performance test. You must record the 

output of the system and analyze the 

sample according to EPA Method 23 at 

40 CFR part 60, appendix A–7. 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 at 40 CFR part 60, 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). A facility may 

substitute continuous dioxin/furan 

monitoring for the minimum sorbent 

flow rate, if activated carbon sorbent 

injection is used solely for compliance 

with the dioxin/furan emission limit. 

(j) To demonstrate initial and 

continuous compliance with the 

mercury emissions limit, a facility may 

substitute use of a mercury CEMS or 

and integrated sorbent trap monitoring 

system for the mercury initial and 

annual performance test. The owner or 

operator who elects to continuously 

measure mercury emissions instead of 

sampling and testing using EPA Method 

29 or 30B at 40 CFR part 60, appendix 

A–8, ASTM D6784–02 (Reapproved 

2008) (incorporated by reference, see 

§ 60.17), or an approved alternative 

method for measuring mercury 

emissions, must install, calibrate, 

maintain and operate the mercury 

CEMS or integrated sorbent trap 

monitoringsystem and must comply 

with performance specification 12A or 

performance specification 12B, 

respectively, and quality assurance 

procedure 5. For the purposes of 

emissions calculations when using an 

integrated sorbent trap monitoring 

system, the mercury concentration 

determined for each sampling period 

must be assigned to each hour during 

the sampling period. A facility may 

substitute continuous mercury 

monitoring for monitoring the minimum 

sorbent flow rate, if activated carbon 

sorbent injection is used solely for 

compliance with the mercury emission 

limit. Waste-burning kilns must install, 

calibrate, maintain, and operate a 

mercury CEMS or an integrated sorbent 

trap monitoring system as specified in 

§ 60.2710(j). 

(k) To demonstrate initial and 

continuous compliance with the 

nitrogen oxides emissions limit, a 

facility may substitute use of a CEMS for 

the nitrogen oxides initial and annual 

performance test to demonstrate 

compliance with the nitrogen oxides 

emissions limits and monitoring the 

charge rate, secondary chamber 

temperature and reagent flow for 

selective noncatalytic reduction, if 

applicable: 

(1) Install, calibrate, maintain and 

operate a CEMS 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 CEMS; and 

(2) Compliance with the emission 

limit for nitrogen oxides must be 

determined based on the 30-day rolling 

average of the hourly emission 

concentrations using CEMS outlet data, 

as outlined in § 60.2710(u). 

(l) To demonstrate initial and 

continuous compliance with the sulfur 

dioxide emissions limit, a facility may 

substitute use of a CEMS for the sulfur 

dioxide initial and annual performance 

test to demonstrate compliance with the 

sulfur dioxide emissions limits: 

(1) Install, calibrate, maintain and 

operate a CEMS 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 1 of 

appendix F of this part and the 

procedures under § 60.13 must be 

followed for installation, evaluation and 

operation of the CEMS; and 

(2) Compliance with the sulfur 

dioxide emission limit shall be 

determined based on the 30-day rolling 

average of the hourly arithmetic average 

emission concentrations using CEMS 

outlet data, as outlined in § 60.2710(u). 

(m) For energy recovery units over 10 

MMBtu/hr but less than 250 MMBtu/hr 

annual average heat input rates that do 

not use a wet scrubber, fabric filter with 

bag leak detection system, an 

electrostatic precipitator, particulate 

matter CEMS, or particulate matter 

CPMS, 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 § 60.2670. Energy 

recovery units that use a particulate 

matter CEMS 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(f): 

(1) Install, operate and maintain each 

continuous opacity monitoring system 

according to performance specification 

1 at 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 performance 

specification 1 at 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); and 

(5) Determine and record all the 6- 

minute averages (and 1-hour block 

averages as applicable) collected. 

(n) For coal and liquid/gas energy 

recovery units, incinerators, and small 

remote incinerators, an owner or 

operator may elect to install, calibrate, 

maintain and operate a CEMS 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 at 40 CFR part 60, appendix A–3 or 

monitoring with a particulate matter 

CPMS according to paragraph (r) of this 

section, must install, calibrate, maintain 

and operate a PM CEMS and must 

comply with the requirements specified 

in paragraphs (n)(1) through (10) of this 

section: 

(1) The PM CEMS must be installed, 

evaluated and operated in accordance 

with the requirements of performance 


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specification 11 of appendix B of this 

part and quality assurance requirements 

of procedure 2 of appendix F of this part 

and § 60.13; 

(2) The initial performance evaluation 

must be completed no later than 180 

days after the final compliance date for 

meeting the amended emission 

limitations, 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 at 40 CFR part 

60, appendix A–3 performance tests, 

whichever is later; 

(3) 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 § 60.2710(t)(4)(i) through (iv); 

(4) The owner or operator of an 

affected facility must conduct an initial 

performance test for particulate matter 

emissions. If PM CEMS are elected for 

demonstrating compliance, and the 

initial performance test has not yet been 

conducted, then initial compliance must 

be determined by using the CEMS 

specified in paragraph (n) of this section 

to measure particulate matter. You must 

calculate a 30-day rolling average of 1- 

hour arithmetic average emission 

concentrations, including CEMS data 

during startup and shutdown, as 

defined in this subpart, using equation 

19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

appendix A–7 of this part; 

(5) Continuous compliance with the 

particulate matter emission limit must 

be determined based on the 30-day 

rolling average calculated using 

equation 19–19 in section 12.4.1 of EPA 

Reference Method 19 at 40 CFR part 60, 

Appendix A–7 of the part from the 1- 

hour arithmetic average of the CEMS 

outlet data. 

(6) At a minimum, valid continuous 

monitoring system hourly averages must 

be obtained as specified § 60.2735; 

(7) The 1-hour arithmetic averages 

required under paragraph (n)(5) 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 30-day rolling average emission 

concentrations. CEMS data during 

startup and shutdown, as defined in this 

subpart, are not corrected to 7 percent 

oxygen, and are measured at stack 

oxygen content. The 1-hour arithmetic 

averages must be calculated using the 

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

(8) All valid CEMS data must be used 

in calculating average emission 

concentrations even if the minimum 

CEMS data requirements of paragraph 

(n)(6) of this section are not met; 

(9) The CEMS must be operated 

according to performance specification 

11 in appendix B of this part; and, 

(10) Quarterly and yearly accuracy 

audits and daily drift, system optics, 

and sample volume checks must be 

performed in accordance with 

procedure 2 in appendix F of this part. 

(o) To demonstrate initial and 

continuous compliance with the carbon 

monoxide emissions limit, a facility 

may substitute use of a CEMS for the 

carbon monoxide initial and annual 

performance test to demonstrate 

compliance with the carbon monoxide 

emissions limits: 

(1) Install, calibrate, maintain, and 

operate a CEMS for measuring carbon 

monoxide emissions discharged to the 

atmosphere and record the output of the 

system. The requirements under 

performance specification 4A or 4B 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 CEMS; and 

(2) Compliance with the carbon 

monoxide emission limit shall be 

determined based on the 30-day rolling 

average of the hourly arithmetic average 

emission concentrations, including 

CEMS data during startup and 

shutdown as defined in this subpart, 

using CEMS outlet data, as outlined in 

§ 60.2710(u). 

(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. 

(q) For energy recovery units with a 

heat input capacity of 100 MMBtu per 

hour or greater that do not use a carbon 

monoxide CEMS, you must install, 

operate and maintain the continuous 

oxygen monitoring system as defined in 

§ 60.2875 according to the procedures in 

paragraphs (q)(1) through (4) of this 

section: 

(1) The oxygen analyzer system must 

be installed by the initial performance 

test date specified in § 60.2675; 

(2) You must operate the oxygen trim 

system within compliance with 

paragraph (q)(3) of this section at all 

times; 

(3) You must maintain the oxygen 

level such that the 30-day rolling 

average that is established as the 

operating limit for oxygen according to 

paragraph (q)(4) of this section is not 

below the lowest hourly average oxygen 

concentration measured during the most 

recent CO performance test; and 

(4) You must calculate and record a 

30-day rolling average oxygen 

concentration using equation 19–19 in 

section 12.4.1 of EPA Reference Method 

19 of Appendix A–7 of this part. 

(r) For energy recovery units with 

annual average heat input rates greater 

than or equal to 250 MMBtu/hour and 

waste-burning kilns, you must install, 

calibrate, maintain, and operate a PM 

CPMS and record the output of the 

system as specified in paragraphs (r)(1) 

through (8) of this section. For other 

energy recovery units, you may elect to 

use PM CPMS operated in accordance 

with this section. PM CPMS are suitable 

in lieu of using other CMS for 

monitoring PM compliance (e.g., bag 

leak detectors, ESP secondary power, 

PM scrubber pressure): 

(1) Install, calibrate, operate, and 

maintain your PM CPMS according to 

the procedures in your approved sitespecific monitoring plan developed in 

accordance with § 60.2710(l) and 

(r)(1)(i) through (iii) of this section: 

(i) The operating principle of the PM 

CPMS must be based on in-stack or 

extractive light scatter, light 

scintillation, beta attenuation, or mass 

accumulation of the exhaust gas or 

representative sample. The reportable 

measurement output from the PM CPMS 

must be expressed as milliamps or the 

digital signal equivalent; 

(ii) The PM CPMS must have a cycle 

time (i.e., period required to complete 

sampling, measurement, and reporting 

for each measurement) no longer than 

60 minutes; and 

(iii) The PM CPMS must be capable of 

detecting and responding to particulate 

matter concentrations increments no 

greater than 0.5 mg/actual cubic meter. 

(2) During the initial performance test 

or any such subsequent performance 

test that demonstrates compliance with 

the PM limit, you must adjust the sitespecific operating limit in accordance 

with the results of the performance test 

according to the procedures specified in 

§ 60.2675. 

(3) Collect PM CPMS hourly average 

output data for all energy recovery unit 

or waste-burning kiln operating hours. 

Express the PM CPMS output as 

milliamps or the digital signal 

equivalent. 

(4) Calculate the arithmetic 30-day 

rolling average of all of the hourly 

average PM CPMS output collected 

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burning kiln operating hours data 

(milliamps or digital bits). 

(5) You must collect data using the 

PM CPMS at all times the energy 

recovery unit or waste-burning kiln is 

operating and at the intervals specified 

in paragraph (r)(1)(ii) of this section, 

except for periods of monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions, 

required monitoring system quality 

assurance or quality control activities 

(including, as applicable, calibration 

checks and required zero and span 

adjustments), and any scheduled 

maintenance as defined in your sitespecific monitoring plan. 

(6) You must use all the data collected 

during all energy recovery unit or wasteburning kiln operating hours in 

assessing the compliance with your 

operating limit except: 

(i) Any data collected during 

monitoring system malfunctions, repairs 

associated with monitoring system 

malfunctions, or required monitoring 

system quality assurance or quality 

control activities conducted during 

monitoring system malfunctions are not 

used in calculations (report any such 

periods in your annual deviation 

report); 

(ii) Any data collected during periods 

when the monitoring system is out of 

control as specified in your site-specific 

monitoring plan, repairs associated with 

periods when the monitoring system is 

out of control, or required monitoring 

system quality assurance or quality 

control activities conducted during outof-control periods are not used in 

calculations (report emissions or 

operating levels and report any such 

periods in your annual deviation 

report); and 

(iii) Any PM CPMS data recorded 

during periods of CEMS data during 

startup and shutdown, as defined in this 

subpart. 

(7) You must record and make 

available upon request results of PM 

CPMS system performance audits, as 

well as the dates and duration of 

periods from when the PM CPMS is out 

of control until completion of the 

corrective actions necessary to return 

the PM CPMS to operation consistent 

with your site-specific monitoring plan. 

(8) For any deviation of the 30-day 

rolling average PM CPMS average value 

from the established operating 

parameter limit, you must: 

(i) Within 48 hours of the deviation, 

visually inspect the air pollution control 

device; 

(ii) If inspection of the air pollution 

control device identifies the cause of the 

deviation, take corrective action as soon 

as possible and return the PM CPMS 

measurement to within the established 

value; 

(iii) Within 30 days of the deviation 

or at the time of the annual compliance 

test, whichever comes first, conduct a 

PM emissions compliance test to 

determine compliance with the PM 

emissions limit and to verify the 

operation of the emissions control 

device(s). Within 45 days of the 

deviation, you must re-establish the 

CPMS operating limit. You are not 

required to conduct additional testing 

for any deviations that occur between 

the time of the original deviation and 

the PM emissions compliance test 

required under this paragraph; and 

(iv) PM CPMS deviations leading to 

more than four required performance 

tests in a 12-month process operating 

period (rolling monthly) constitute a 

violation of this subpart. 

(s) If you use a dry scrubber to comply 

with the emission limits of this subpart, 

you must monitor the injection rate of 

each sorbent and maintain the 3-hour 

block averages at or above the operating 

limits established during the hydrogen 

chloride performance test. 

(t) If you are required to monitor 

clinker production because you comply 

with the production-rate based mercury 

limit for your waste-burning kiln, you 

must: 

(1) Determine hourly clinker 

production by one of two methods: 

(i) Install, calibrate, maintain, and 

operate a permanent weigh scale system 

to measure and record weight rates in 

tons-mass per hour of the amount of 

clinker produced. The system of 

measuring hourly clinker production 

must be maintained within ±5 percent 

accuracy, or 

(ii) Install, calibrate, maintain, and 

operate a permanent weigh scale system 

to measure and record weight rates in 

tons-mass per hour of the amount of 

feed to the kiln. The system of 

measuring feed must be maintained 

within ±5 percent accuracy. Calculate 

your hourly clinker production rate 

using a kiln-specific feed to clinker ratio 

based on reconciled clinker production 

determined for accounting purposes and 

recorded feed rates. Update this ratio 

monthly. Note that if this ratio changes 

at clinker reconciliation, you must use 

the new ratio going forward, but you do 

not have to retroactively change clinker 

production rates previously estimated. 

(2) Determine the accuracy of the 

system of measuring hourly clinker 

production (or feed mass flow if 

applicable) before the final compliance 

date of this rule and during each quarter 

of source operation. 

(3) Conduct accuracy checks in 

accordance with the procedures 

outlined in your site-specific monitoring 

plan under § 60.2710(l). 

§ 60.2735 Is there a minimum amount of 

monitoring data I must obtain? 

For each continuous monitoring 

system required or optionally allowed 

under § 60.2730, you must monitor and 

collect data according to this section: 

(a) You must operate the monitoring 

system and collect data at all required 

intervals at all times compliance is 

required except for periods of 

monitoring system malfunctions or outof-control periods, repairs associated 

with monitoring system malfunctions or 

out-of-control periods (as specified in 

§ 60.2770(o)), and required monitoring 

system quality assurance or quality 

control activities including, as 

applicable, calibration checks and 

required zero and span adjustments. A 

monitoring system malfunction is any 

sudden, infrequent, not reasonably 

preventable failure of the monitoring 

system to provide valid data. 

Monitoring system failures that are 

caused in part by poor maintenance or 

careless operation are not malfunctions. 

You are required to effect monitoring 

system repairs in response to 

monitoring system malfunctions or outof-control periods and to return the 

monitoring system to operation as 

expeditiously as practicable. 

(b) You may not use data recorded 

during the monitoring system 

malfunctions, repairs associated with 

monitoring system malfunctions or outof control periods, or required 

monitoring system quality assurance or 

control activities in calculations used to 

report emissions or operating levels. 

You must use all the data collected 

during all other periods, including data 

normalized for above scale readings, in 

assessing the operation of the control 

device and associated control system. 

(c) Except for periods of monitoring 

system malfunctions or out-of-control 

periods, repairs associated with 

monitoring system malfunctions or outof-control periods, and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments, 

failure to collect required data is a 

deviation of the monitoring 

requirements. 

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 (w) of this 

section for a period of at least 5 years: 

(a) Calendar date of each record; 


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(b) Records of the data described in 

paragraphs (b)(1) through (7) of this 

section: 

(1) The CISWI 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 CISWIs that establish 

operating limits for controls other than 

wet scrubbers under § 60.2675(d) 

through (g) or § 60.2680, you must 

maintain data collected for all operating 

parameters used to determine 

compliance with the operating limits. 

For energy recovery units using 

activated carbon injection or a dry 

scrubber, you must also maintain 

records of the load fraction and 

corresponding sorbent injection rate 

records; and 

(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). 

(7) If you monitor clinker production 

in accordance with § 60.2730(t): 

(i) Hourly clinker rate produced if 

clinker production is measured directly; 

(ii) Hourly measured kiln feed rates 

and calculated clinker production rates 

if clinker production is not measured 

directly; 

(iii) 30-day rolling averages for 

mercury in pounds per million tons of 

clinker produced; 

(iv) The initial and quarterly accuracy 

of the system of measruing hourly 

clinker production (or feed mass flow). 

(c)–(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 (g) 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 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). 

(n) Maintain records of the annual air 

pollution control device inspections 

that are required for each CISWI subject 

to the emissions limits in table 2 of this 

subpart or tables 6 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. 

(o) For continuously monitored 

pollutants or parameters, you must 

document and keep a record of the 

following parameters measured using 

continuous monitoring systems. If you 

monitor emissions with a CEMS, you 

must indicate which data are CEMS data 

during startup and shutdown: 

(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 1-hour average concentrations 

of particulate matter emissions; 

(6) All 1-hour average concentrations 

of mercury emissions; 

(7) All 1-hour average concentrations 

of HCl CEMS outputs; 

(8) All 1-hour average percent oxygen 

concentrations; and 

(9) All 1-hour average PM CPMS 

readings or particulate matter CEMS 

outputs. 

(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. 

(u) For operating units that combust 

non-hazardous secondary materials that 

have been determined not to be solid 

waste pursuant to § 241.3(b)(1) of this 

chapter, you must keep a record which 

documents how the secondary material 

meets each of the legitimacy criteria 

under § 241.3(d)(1). If you combust a 

fuel that has been processed from a 

discarded non-hazardous secondary 

material pursuant to § 241.3(b)(4), you 

must keep records as to how the 

operations that produced the fuel 

satisfies the definition of processing in 

§ 241.2 and each of the legitimacy 

criteria in § 241.3(d)(1) of this chapter. 

If the fuel received a non-waste 

determination pursuant to the petition 

process submitted under § 241.3(c), you 

must keep a record that documents how 

the fuel satisfies the requirements of the 

petition process. For operating units 

that combust non-hazardous secondary 

materials as fuel per § 241.4, you must 

keep records documenting that the 

material is a listed non-waste under 

§ 241.4(a). 

(v) Records of the criteria used to 

establish that the unit qualifies as a 


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small power production facility under 

section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 796(17)(C)) and that the 

waste material the unit is proposed to 

burn is homogeneous. 

(w) Records of the criteria used to 

establish that the unit qualifies as a 

cogeneration facility under section 

3(18)(B) of the Federal Power Act (16 

U.S.C. 796(18)(B)) and that the waste 

material the unit is proposed to burn is 

homogeneous. 

§ 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; and 

(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 (30-day average for energy 

recovery units), as applicable, for each 

operating parameter recorded for the 

calendar year being reported; 

(g) Information recorded under 

§ 60.2740(b)(6) and (c) through (e) for 

the calendar year being reported; 

(h) For each performance test 

conducted during the reporting period, 

if any performance test is conducted, 

the process unit(s) tested, the 

pollutant(s) tested and the date that 

such performance test was conducted. 

Submit, following the procedure 

specified in § 60.2795(b)(1), the 

performance test report no later than the 

date that you submit the annual report; 

(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 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 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 at which the deviation occurred 

during the reporting period; and 

(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 CEMS, 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 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 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; 

(9) A brief description of the CISWI; 

(10) A brief description of the 

continuous monitoring system; 


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(11) The date of the latest continuous 

monitoring system certification or audit; 

and 

(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 CEMS, 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; and 

(3) The continuous opacity 

monitoring system calibration drift 

exceeds two times the limit in the 

applicable performance specification in 

the relevant standard. 

(p) For energy recovery units, include 

the annual heat input and average 

annual heat input rate of all fuels being 

burned in the unit to verify which 

subcategory of energy recovery unit 

applies. 

§ 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 

(30-day average for energy recovery 

units) 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, if a 

performance test was conducted that 

deviated from any emission limitation, 

if a 30 kiln operating day average is 

above the operating limit, or if a 30-day 

average measured using a CEMS 

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 

four items described in paragraphs (a) 

through (d) 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; and 

(2) Bypass events and your corrective 

actions. 

(d) A copy of the operating limit 

monitoring data during each deviation 

and for any test report that documents 

the emission levels the process unit(s) 

tested, the pollutant(s) tested and the 

date that the performance test was 

conducted. Submit, following the 

procedure specified in § 60.2795(b)(1), 

the performance test report no later than 

the date that you submit the deviation 

report. 

§ 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; and 

(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; 

and 

(iii) Request approval from the 

Administrator to continue operation of 

the CISWI. 

(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? 

(a) Yes. You must submit notifications 

as provided by § 60.7. 

(b) If you cease combusting solid 

waste but continue to operate, you must 

provide 30 days prior notice of the 

effective date of the waste-to-fuel 

switch, consistent with § 60.2710(a). 

The notification must identify: 

(1) The name of the owner or operator 

of the CISWI, the location of the source, 

the emissions unit(s) that will cease 

burning solid waste, and the date of the 

notice; 

(2) The currently applicable 

subcategory under this subpart, and any 

40 CFR part 63 subpart and subcategory 

that will be applicable after you cease 

combusting solid waste; 

(3) The fuel(s), non-waste material(s) 

and solid waste(s) the CISWI is 

currently combusting and has 

combusted over the past 6 months, and 

the fuel(s) or non-waste materials the 

unit will commence combusting; 

(4) The date on which you became 

subject to the currently applicable 

emission limits; and 

(5) The date upon which you will 

cease combusting solid waste, and the 

date (if different) that you intend for any 

new requirements to become applicable 

(i.e., the effective date of the waste-tofuel switch), consistent with paragraphs 

(b)(2) and (3) of this section. 

§ 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. Beginning on 

June 15, 2020 or once the reporting form 

has been available in CEDRI for 1 year, 

whichever is later, you must submit 

subsequent reports on or before the 

submittal dates to the EPA via the 

Compliance and Emissions Data 

Reporting Interface (CEDRI), which 

CEDRI can be accessed through the 

EPA’s Central Data Exchange (CDX) 

(https://cdx.epa.gov/). Use the 

appropriate electronic report in CEDRI 

for this subpart or an alternate 

electronic file format consistent with the 

extensible markup language (XML) 

schema listed on the CEDRI website 

(https://www3.epa.gov/ttn/chief/cedri/ 

index.html). When the date forms 

become available in CEDRI will be listed 

on the CEDRI website. The reports must 

be submitted by the deadlines specified 

in this subpart, regardless of the method 

in which the report is submitted. 


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(b) Submit results of each 

performance test and CEMS 

performance evaluation required by this 

subpart as follows: 

(1) Within 60 days after the date of 

completing each performance test (see 

§ 60.8) required by this subpart, you 

must submit the results of the 

performance test following the 

procedure specified in either paragraph 

(b)(1)(i) or (b)(1)(ii) of this section: 

(i) For data collected using test 

methods supported by the EPA’s 

Electronic Reporting Tool (ERT) as 

listed on the EPA’s ERT website 

(https://www3.epa.gov/ttn/chief/ert/ert_

info.html) at the time of the test, you 

must submit the results of the 

performance test to the EPA via the 

CEDRI. (CEDRI can be accessed through 

the EPA’s CDX (https://cdx.epa.gov/).) 

Performance test data must be submitted 

in a file format generated through the 

use of the EPA’s ERT or an alternate 

electronic file format consistent with the 

XML schema listed on the EPA’s ERT 

website. If you claim that some of the 

performance test information being 

submitted is confidential business 

information (CBI), you must submit a 

complete file generated through the use 

of the EPA’s ERT or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT 

website, including information claimed 

to be CBI, on a compact disc, flash 

drive, or other commonly used 

electronic storage media to the EPA. The 

electronic media must be clearly marked 

as CBI and mailed to U.S. EPA/OAQPS/ 

CORE CBI Office, Attention: Group 

Leader, Measurement Policy Group, MD 

C404–02, 4930 Old Page Rd., Durham, 

NC 27703. The same ERT or alternate 

file with the CBI omitted must be 

submitted to the EPA via the EPA’s CDX 

as described earlier in this paragraph; 

and 

(ii) For data collected using test 

methods that are not supported by the 

EPA’s ERT as listed on the EPA’s ERT 

website at the time of the test, you must 

submit the results of the performance 

test to the Administrator at the 

appropriate address listed in § 60.4. 

(2) Within 60 days after the date of 

completing each continuous emissions 

monitoring system performance 

evaluation you must submit the results 

of the performance evaluation following 

the procedure specified in either 

paragraph (b)(1) or (b)(2) of this section: 

(i) For performance evaluations of 

continuous monitoring systems 

measuring relative accuracy test audit 

(RATA) pollutants that are supported by 

the EPA’s ERT as listed on the EPA’s 

ERT website at the time of the 

evaluation, you must submit the results 

of the performance evaluation to the 

EPA via the CEDRI. CEDRI can be 

accessed through the EPA’s CDX. 

Performance evaluation data must be 

submitted in a file format generated 

through the use of the EPA’s ERT or an 

alternate file format consistent with the 

XML schema listed on the EPA’s ERT 

website. If you claim that some of the 

performance evaluation information 

being submitted is CBI, you must submit 

a complete file generated through the 

use of the EPA’s ERT or an alternate 

electronic file consistent with the XML 

schema listed on the EPA’s ERT 

website, including information claimed 

to be CBI, on a compact disc, flash 

drive, or other commonly used 

electronic storage media to the EPA. The 

electronic storage media must be clearly 

marked as CBI and mailed to U.S. EPA/ 

OAQPS/CORE CBI Office, Attention: 

Group Leader, Measurement Policy 

Group, MD C404–02, 4930 Old Page Rd., 

Durham, NC 27703. The same ERT or 

alternate file with the CBI omitted must 

be submitted to the EPA via the EPA’s 

CDX as described earlier in this 

paragraph; and 

(ii) For any performance evaluations 

of continuous monitoring systems 

measuring RATA pollutants that are not 

supported by the EPA’s ERT as listed on 

the EPA’s ERT website at the time of the 

evaluation, you must submit the results 

of the performance evaluation to the 

Administrator at the appropriate 

address listed in § 60.4. 

(c) If you are required to electronically 

submit a report through the Compliance 

and Emissions Data Reporting Interface 

(CEDRI) in the EPA’s Central Data 

Exchange (CDX), and due to a planned 

or actual outage of either the EPA’s 

CEDRI or CDX systems within the 

period of time beginning 5 business 

days prior to the date that the 

submission is due, you will be or are 

precluded from accessing CEDRI or CDX 

and submitting a required report within 

the time prescribed, you may assert a 

claim of EPA system outage for failure 

to timely comply with the reporting 

requirement. You must submit 

notification to the Administrator in 

writing as soon as possible following the 

date you first knew, or through due 

diligence should have known, that the 

event may cause or caused a delay in 

reporting. You must provide to the 

Administrator a written description 

identifying the date, time and length of 

the outage; a rationale for attributing the 

delay in reporting beyond the regulatory 

deadline to the EPA system outage; 

describe the measures taken or to be 

taken to minimize the delay in 

reporting; and identify a date by which 

you propose to report, or if you have 

already met the reporting requirement at 

the time of the notification, the date you 

reported. In any circumstance, the 

report must be submitted electronically 

as soon as possible after the outage is 

resolved. The decision to accept the 

claim of EPA system outage and allow 

an extension to the reporting deadline is 

solely within the discretion of the 

Administrator. 

(d) If you are required to 

electronically submit a report through 

CEDRI in the EPA’s CDX and a force 

majeure event is about to occur, occurs, 

or has occurred or there are lingering 

effects from such an event within the 

period of time beginning 5 business 

days prior to the date the submission is 

due, the owner or operator may assert a 

claim of force majeure for failure to 

timely comply with the reporting 

requirement. For the purposes of this 

section, a force majeure event is defined 

as an event that will be or has been 

caused by circumstances beyond the 

control of the affected facility, its 

contractors, or any entity controlled by 

the affected facility that prevents you 

from complying with the requirement to 

submit a report electronically within the 

time period prescribed. Examples of 

such events are acts of nature (e.g., 

hurricanes, earthquakes, or floods), acts 

of war or terrorism, or equipment failure 

or safety hazard beyond the control of 

the affected facility (e.g., large scale 

power outage). If you intend to assert a 

claim of force majeure, you must submit 

notification to the Administrator in 

writing as soon as possible following the 

date you first knew, or through due 

diligence should have known, that the 

event may cause or caused a delay in 

reporting. You must provide to the 

Administrator a written description of 

the force majeure event and a rationale 

for attributing the delay in reporting 

beyond the regulatory deadline to the 

force majeure event; describe the 

measures taken or to be taken to 

minimize the delay in reporting; and 

identify a date by which you propose to 

report, or if you have already met the 

reporting requirement at the time of the 

notification, the date you reported. In 

any circumstance, the reporting must 

occur as soon as possible after the force 

majeure event occurs. The decision to 

accept the claim of force majeure and 

allow an extension to the reporting 

deadline is solely within the discretion 

of the Administrator. 

§ 60.2800 Can reporting dates be 

changed? 

If the Administrator agrees, you may 

change the semiannual or annual 

reporting dates. See § 60.19(c) for 


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28128 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

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 and ACI subject to 

standards under this subpart must 

operate pursuant to a permit issued 

under Clean Air Act sections 129(e) and 

Title V. 

Model Rule—Air Curtain Incinerators 

(ACIs) 

§ 60.2810 What is an air curtain 

incinerator? 

(a) An ACI 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 

§ 60.2805 and under ‘‘Air Curtain 

Incinerators’’ (§§ 60.2810 through 

60.2870): 

(1) 100 percent wood waste; 

(2) 100 percent clean lumber; and 

(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? 

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; and 

(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); and 

(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; and 

(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; and 

(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. 

(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 ACI; and 

(2) 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. 

(d) Submit annual opacity test results 

within 12 months following the 

previous report. 


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(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. 

30-day rolling average means the 

arithmetic mean of the previous 720 

hours of valid operating data. Valid data 

excludes periods when this unit is not 

operating. The 720 hours should be 

consecutive, but not necessarily 

continuous if operations are 

intermittent. 

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. 

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. 

Air curtain incinerator (ACI) 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. 

Annual heat input means the heat 

input for the 12 months preceding the 

compliance demonstration. 

Auxiliary fuel means natural gas, 

liquified petroleum gas, fuel oil, or 

diesel fuel. 

Average annual heat input rate means 

annual heat input divided by the hours 

of operation for the 12 months 

preceding the compliance 

demonstration. 

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. A burn-off 

oven is not an incinerator, wasteburning kiln, an energy recovery unit or 

a small, remote incinerator under this 

subpart. 

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. 

CEMS data during startup and 

shutdown means the following: 

(1) For incinerators and small remote 

incinerators: CEMS data collected 

during the first hours of operation of a 

CISWI startup from a cold start until 

waste is fed into the unit and the hours 

of operation following the cessation of 

waste material being fed to the CISWI 

during a unit shutdown. For each 

startup event, the length of time that 

CEMS data may be claimed as being 

CEMS data during startup must be 48 

operating hours or less. For each 

shutdown event, the length of time that 

CEMS data may be claimed as being 

CEMS data during shutdown must be 24 

operating hours or less; 

(2) For energy recovery units: CEMS 

data collected during the startup or 

shutdown periods of operation. Startup 

begins with either the first-ever firing of 

fuel in a boiler or process heater for the 

purpose of supplying useful thermal 

energy (such as steam or heat) for 

heating, cooling or process purposes, or 

producing electricity, or the firing of 

fuel in a boiler or process heater for any 

purpose after a shutdown event. Startup 

ends four hours after when the boiler or 

process heater makes useful thermal 

energy (such as heat or steam) for 

heating, cooling, or process purposes, or 

generates electricity, whichever is 

earlier. Shutdown begins when the 

boiler or process heater no longer makes 

useful thermal energy (such as heat or 

steam) for heating, cooling, or process 

purposes and/or generates electricity or 

when no fuel is being fed to the boiler 

or process heater, whichever is earlier. 

Shutdown ends when the boiler or 

process heater no longer makes useful 

thermal energy (such as steam or heat) 

for heating, cooling, or process purposes 

and/or generates electricity, and no fuel 

is being combusted in the boiler or 

process heater; and 

(3) For waste-burning kilns: CEMS 

data collected during the periods of kiln 

operation that do not include normal 

operations. Startup means the time from 

when a shutdown kiln first begins firing 

fuel until it begins producing clinker. 

Startup begins when a shutdown kiln 

turns on the induced draft fan and 

begins firing fuel in the main burner. 

Startup ends when feed is being 

continuously introduced into the kiln 

for at least 120 minutes or when the 

feed rate exceeds 60 percent of the kiln 

design limitation rate, whichever occurs 

first. Shutdown means the cessation of 

kiln operation. Shutdown begins when 

feed to the kiln is halted and ends when 

continuous kiln rotation ceases. 

Chemical recovery unit means 

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. A chemical 

recovery unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. The following seven 

types of units 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/residue containing 

catalyst metals that 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; and 

(7) Units burning only photographic 

film to recover silver. 

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. 


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Commercial and industrial solid 

waste incineration unit (CISWI) means 

any distinct operating unit of any 

commercial or industrial facility that 

combusts, or has combusted in the 

preceding 6 months, any solid waste as 

that term is defined in 40 CFR part 241. 

If the operating unit burns materials 

other than traditional fuels as defined in 

§ 241.2 that have been discarded, and 

you do not keep and produce records as 

required by § 60.2740(u), the operating 

unit is a CISWI. While not all CISWIs 

will include all of the following 

components, a CISWI 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 does 

not include air pollution control 

equipment or the stack. The CISWI 

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 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. 

Continuous emission monitoring 

system (CEMS) means the total 

equipment that may be required to meet 

the data acquisition and availability 

requirements of this subpart, used to 

sample, condition (if applicable), 

analyze, and provide a record of 

emissions. 

Continuous monitoring system (CMS) 

means the total equipment, required 

under the emission monitoring sections 

in applicable subparts, used to sample 

and condition (if applicable), to analyze, 

and to provide a permanent record of 

emissions or process parameters. A 

particulate matter continuous parameter 

monitoring system (PM CPMS) is a type 

of CMS. 

Cyclonic burn barrel means a 

combustion device for waste materials 

that is attached to a 55 gallon, openhead 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. A cyclonic burn barrel is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

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; and 

(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. 

Dry scrubber means an add-on air 

pollution control system that injects dry 

alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react 

with and neutralize acid gas in the 

exhaust stream forming a dry powder 

material. Sorbent injection systems in 

fluidized bed boilers and process 

heaters are included in this definition. 

A dry scrubber is a dry control system. 

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 in 40 CFR part 241) for 

energy recovery. Energy recovery units 

include units that would be considered 

boilers and process heaters if they did 

not combust solid waste. 

Energy recovery unit designed to burn 

biomass (Biomass) means an energy 

recovery unit that burns solid waste, 

biomass, and non-coal solid materials 

but less than 10 percent coal, on a heat 

input basis on an annual average, either 

alone or in combination with liquid 

waste, liquid fuel or gaseous fuels. 

Energy recovery unit designed to burn 

coal (Coal) means an energy recovery 

unit that burns solid waste and at least 

10 percent coal on a heat input basis on 

an annual average, either alone or in 

combination with liquid waste, liquid 

fuel or gaseous fuels. 

Energy recovery unit designed to burn 

liquid waste materials and gas (Liquid/ 

gas) means an energy recovery unit that 

burns a liquid waste with liquid or 

gaseous fuels not combined with any 

solid fuel or waste materials. 

Energy recovery unit designed to burn 

solid materials (Solids) includes energy 

recovery units designed to burn coal 

and energy recovery units designed to 

burn biomass. 

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. 

Foundry sand thermal reclamation 

unit means a type of part reclamation 

unit that removes coatings that are on 

foundry sand. A foundry sand thermal 

reclamation unit is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

Incinerator means any furnace used in 

the process of combusting solid waste 

(as that term is defined by the 

Administrator in 40 CFR part 241) for 

the purpose of reducing the volume of 

the waste by removing combustible 

matter. Incinerator designs include 

single chamber and two-chamber. 

In-line coal mill means those coal 

mills using kiln exhaust gases in their 

process. Coal mills with a heat source 

other than the kiln or coal mills using 

exhaust gases from the clinker cooler 

alone are not an in-line coal mill. 

In-line kiln/raw mill means a system 

in a Portland Cement production 

process where a dry kiln system is 

integrated with the raw mill so that all 

or a portion of the kiln exhaust gases are 

used to perform the drying operation of 

the raw mill, with no auxiliary heat 

source used. In this system the kiln is 

capable of operating without the raw 

mill operating, but the raw mill cannot 

operate without the kiln gases, and 

consequently, the raw mill does not 

generate a separate exhaust gas stream. 

Kiln means an oven or furnace, 

including any associated preheater or 

precalciner devices, in-line raw mills, 

in-line coal mills or alkali bypasses 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. Because the alkali bypass, inline raw mill and in-line coal mill are 

considered an integral part of the kiln, 

the kiln emissions limits also apply to 

the exhaust of the alkali bypass, in-line 

raw mill and in-line coal mill. 

Laboratory analysis unit means units 

that burn samples of materials for the 

purpose of chemical or physical 

analysis. A laboratory analysis unit is 

not an incinerator, waste-burning kiln, 

an energy recovery unit or a small, 

remote incinerator under this subpart. 

Load fraction means the actual heat 

input of an energy recovery unit divided 


sradovich on DSK3GMQ082PROD with PROPOSALS2
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 28131 

by heat input during the performance 

test that established the minimum 

sorbent injection rate or minimum 

activated carbon injection rate, 

expressed as a fraction (e.g., for 50 

percent load the load fraction is 0.5). 

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 

by-product material as defined by the 

Atomic Energy Act of 1954 (42 U.S.C. 

2014(e)(2)). 

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. 

Minimum voltage or amperage means 

90 percent of the lowest test-run average 

voltage or amperage to the electrostatic 

precipitator measured during the most 

recent particulate matter or mercury 

performance test demonstrating 

compliance with the applicable 

emission limits. 

Modification or modified CISWI 

means a CISWI that has been changed 

later than August 7, 2013, 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 (not including 

the cost of land) updated to current 

costs (current dollars). To determine 

what systems are within the boundary 

of the CISWI used to calculate these 

costs, see the definition of CISWI; and 

(2) Any physical change in the CISWI 

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. 

Municipal solid waste or municipaltype solid waste means household, 

commercial/retail, or institutional 

waste. Household waste includes 

material discarded by residential 

dwellings, hotels, motels, and other 

similar permanent or temporary 

housing. Commercial/retail waste 

includes material discarded by stores, 

offices, restaurants, warehouses, 

nonmanufacturing activities at 

industrial facilities, and other similar 

establishments or facilities. Institutional 

waste includes materials discarded by 

schools, by hospitals (nonmedical), by 

nonmanufacturing activities at prisons 

and government facilities, and other 

similar establishments or facilities. 

Household, commercial/retail, and 

institutional waste does include yard 

waste and refuse-derived fuel. 

Household, commercial/retail, and 

institutional waste does not include 

used oil; sewage sludge; wood pallets; 

construction, renovation, and 

demolition wastes (which include 

railroad ties and telephone poles); clean 

wood; industrial process or 

manufacturing wastes; medical waste; or 

motor vehicles (including motor vehicle 

parts or vehicle fluff). 

Opacity means the degree to which 

emissions reduce the transmission of 

light and obscure the view of an object 

in the background. 

Operating day means a 24-hour 

period between 12:00 midnight and the 

following midnight during which any 

amount of solid waste is combusted at 

any time in the CISWI. 

Oxygen analyzer system means all 

equipment required to determine the 

oxygen content of a gas stream and used 

to monitor oxygen in the boiler or 

process heater flue gas, boiler/process 

heater, firebox, or other appropriate 

location. This definition includes 

oxygen trim systems and certified 

oxygen CEMS. The source owner or 

operator is responsible to install, 

calibrate, maintain, and operate the 

oxygen analyzer system in accordance 

with the manufacturer’s 

recommendations. 

Oxygen trim system means a system of 

monitors that is used to maintain excess 

air at the desired level in a combustion 

device over its operating range. A 

typical system consists of a flue gas 

oxygen and/or carbon monoxide 

monitor that automatically provides a 

feedback signal to the combustion air 

controller or draft controller. 

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 CISWIs 

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). 

Performance evaluation means the 

conduct of relative accuracy testing, 

calibration error testing, and other 

measurements used in validating the 

continuous monitoring system data. 

Performance test means the collection 

of data resulting from the execution of 

a test method (usually three emission 

test runs) used to demonstrate 

compliance with a relevant emission 

standard as specified in the performance 

test section of the relevant standard. 

Process change means any of the 

following physical or operational 

changes: 

(1) A physical change (maintenance 

activities excluded) to the CISWI which 

may increase the emission rate of any 

air pollutant to which a standard 

applies; 

(2) An operational change to the 

CISWI where a new type of nonhazardous secondary material is being 

combusted; 

(3) A physical change (maintenance 

activities excluded) to the air pollution 

control devices used to comply with the 

emission limits for the CISWI (e.g., 

replacing an electrostatic precipitator 

with a fabric filter); and 

(4) An operational change to the air 

pollution control devices used to 

comply with the emission limits for the 

affected CISWI (e.g., change in the 

sorbent injection rate used for activated 

carbon injection). 

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 or 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 and meeting two criteria: 

(1) The reconstruction begins on or 

after August 7, 2013; and 

(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 (not including 

land) updated to current costs (current 

dollars). To determine what systems are 

within the boundary of the CISWI used 

to calculate these costs, see the 

definition of CISWI. 

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: 


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28132 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

(1) Low-density fluff refuse-derived 

fuel through densified refuse-derived 

fuel; and 

(2) Pelletized refuse-derived fuel. 

Responsible official means one of the 

following: 

(1) For a corporation: A president, 

secretary, treasurer, or vice-president of 

the corporation in charge of a principal 

business function, or any other person 

who performs similar policy or 

decision-making functions for the 

corporation, or a duly authorized 

representative of such person if the 

representative is responsible for the 

overall operation of one or more 

manufacturing, production, or operating 

facilities applying for or subject to a 

permit and either: 

(i) The facilities employ more than 

250 persons or have gross annual sales 

or expenditures exceeding $25 million 

(in second quarter 1980 dollars); or 

(ii) The delegation of authority to 

such representatives is approved in 

advance by the permitting authority; 

(2) For a partnership or sole 

proprietorship: A general partner or the 

proprietor, respectively; 

(3) For a municipality, state, federal, 

or other public agency: Either a 

principal executive officer or ranking 

elected official. For the purposes of this 

part, a principal executive officer of a 

Federal agency includes the chief 

executive officer having responsibility 

for the overall operations of a principal 

geographic unit of the agency (e.g., a 

Regional Administrator of EPA); or 

(4) For affected facilities: 

(i) The designated representative in so 

far as actions, standards, requirements, 

or prohibitions under Title IV of the 

Clean Air Act or the regulations 

promulgated thereunder are concerned; 

or 

(ii) The designated representative for 

any other purposes under part 60. 

Shutdown means, for incinerators and 

small, remote incinerators, 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 in 40 CFR part 241) and 

combusts 3 tons per day or less solid 

waste and is more than 25 miles driving 

distance to the nearest municipal solid 

waste landfill. 

Soil treatment unit means a unit that 

thermally treats petroleumcontaminated soils for the sole purpose 

of site remediation. A soil treatment 

unit may be direct-fired or indirect 

fired. A soil treatment unit is not an 

incinerator, a waste-burning kiln, an 

energy recovery unit or a small, remote 

incinerator under this subpart. 

Solid waste means the term solid 

waste as defined in 40 CFR 241.2. 

Solid waste incineration unit means a 

distinct operating unit of any facility 

which combusts any solid waste (as that 

term is defined by the Administrator in 

40 CFR part 241) 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: 

(1) Materials recovery facilities 

(including primary or secondary 

smelters) which combust waste for the 

primary purpose of recovering metals; 

(2) 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 

(3) 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. 

Space heater means a unit that meets 

the requirements of 40 CFR 279.23. A 

space heater is not an incinerator, a 

waste-burning kiln, an energy recovery 

unit or a small, remote incinerator 

under this subpart. 

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, for incinerators 

and small, remote incinerators, the 

period of time between the activation of 

the system and the first charge to the 

unit. 

Useful thermal energy means energy 

(i.e., steam, hot water, or process heat) 

that meets the minimum operating 

temperature and/or pressure required by 

any energy use system that uses energy 

provided by the affected energy 

recovery 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 in 40 CFR 

part 241). Secondary materials used in 

Portland cement kilns shall not be 

deemed to be combusted unless they are 

introduced into the flame zone in the 

hot end of the kiln or mixed with the 

precalciner fuel. 

Wet scrubber means an add-on air 

pollution control device that uses 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; or 

(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 dates 1

Increment 1—Submit final control plan .................................................................................................... (Dates to be specified in state plan). 

Increment 2—Final compliance ............................................................................................................... (Dates to be specified in state plan).2

1Site-specific schedules can be used at the discretion of the state. 

2The date can be no later than 3 years after the effective date of state plan approval or December 1, 2005 for CISWIs 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 

February 7, 2018, for CISWIs that commenced construction on or before June 4, 2010. 


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TABLE 2 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS

BEFORE

[Date to be specified in state plan] 1

For the air pollutant You must meet this emission limitation 2 Using this averaging time 3 And determining compliance 

using this method 3

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 (For Method 26, collect a 

minimum volume of 120 liters per run. 

For Method 26A, collect a minimum volume of 1 dry standard cubic meter per 

run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

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 standard cubic 

meter.

3-run average (1 hour minimum sample 

time per run).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).4

Opacity .................................. 10 percent ................................................... Three 1-hour blocks consisting of ten 6- 

minute average opacity values.

Performance test (Method 9 at 40 CFR 

part 60, appendix A–4). 

Nitrogen oxides ..................... 388 parts per million by dry volume ........... 3-run average (1 hour minimum sample 

time per run).

Performance test (Methods 7 or 7E at 40 

CFR part 60, appendix A–4). 

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). 

1Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior to June 4, 2010. The 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 February 7, 2018. 2All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 

3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2710 and § 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17. 

TABLE 3 TO SUBPART DDDD OF PART 60—MODEL RULE—OPERATING LIMITS FOR WET SCRUBBERS

For these operating You must 

And monitor using these minimum frequencies 

Data 

measurement Data recording Averaging time 

Charge rate ........................................... Maximum charge rate ........................... Continuous ...... Every hour ................. Daily (batch units). 3-hour rolling (continuous and intermittent units).1

Pressure drop across the wet scrubber 

or amperage to wet scrubber.

Minimum pressure drop or amperage .. Continuous ...... Every 15 minutes ...... 3-hour rolling.1

Scrubber liquor flow rate ....................... Minimum flow rate ................................ Continuous ...... Every 15 minutes ...... 3-hour rolling.1

Scrubber liquor pH ................................ Minimum pH ......................................... Continuous ...... Every 15 minutes ...... 3-hour rolling.1

1 Calculated 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 isomer 

Toxic 

equivalency 

factor 

2,3,7,8-tetrachlorinated dibenzo-p-dioxin ............................................................................................................................................ 1 

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ........................................................................................................................................ 0.5 

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1 

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1 

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...................................................................................................................................... 0.1 

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


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28134 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

TABLE 5 TO SUBPART DDDD OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS 1

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 test.

• Complete test report for the initial performance test ................................... § 60.2760. 

• The values for the site-specific 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 ...................................................................................... §§ 60.2765 and 60.2770. 

• 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, (or 30-day average, if 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 of § 60.2720(a) were met.

• Documentation of periods when all qualified CISWI operators were unavailable for more than 8 hours but less than 2 weeks.

• If you are conducting performance tests once every 3 years consistent 

with § 60.2720(a), the date of the last 2 performance tests, a comparison 

of the emission level you achieved in the last 2 performance tests to the 

75 percent emission limit threshold required in § 60.2720(a) and a statement as to whether there have been any operational changes since the 

last performance test that could increase emissions.

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 ....................................................................... § 60.2775 and 60.2780. 

• 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 ...........................

Qualified Operator 

Deviation Notification.

Within 10 days of deviation ................ • Statement of cause of deviation .................................................................. § 60.2785(a)(1). 

• Description of efforts to have an accessible qualified operator ..................

• The date a qualified operator will be accessible .........................................

Qualified Operator 

Deviation Status 

Report.

Every 4 weeks following deviation ..... • Description of efforts to have an accessible qualified operator .................. § 60.2785(a)(2). 

• The date a qualified operator will be accessible .........................................

• Request for approval to continue operation ................................................

Qualified Operator 

Deviation Notification of Resumed Operation.

Prior to resuming operation ................ • Notification that you are resuming operation ............................................... § 60.2785(b) 

1This 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] 1

For the air pollutant You must meet this emission 

limitation 2 Using this averaging time 3 And determining compliance using this method 3

Cadmium ................................... 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 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Carbon monoxide ...................... 17 parts per million dry volume 3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total mass basis) 4.6 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 2 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic equivalency basis).0.13 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 2 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Hydrogen chloride ..................... 29 parts per million dry volume 3-run average (For Method 26, collect a minimum volume of 60 liters per run. For Method 26A, collect a minimum volume of 1 dry 

standard cubic meter per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead ........................................... 0.015 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 2 

dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 


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TABLE 6 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND

AFTER—Continued 

[Date to be specified in state plan] 1

For the air pollutant You must meet this emission 

limitation 2 Using this averaging time 3 And determining compliance using this 

method 3

Mercury ...................................... 0.0048 milligrams per dry 

standard cubic meter.

3-run average (For Method 29 an ASTM 

D6784–02 (Reapproved 2008),4 collect a 

minimum volume of 2 dry standard cubic 

meters per run. For Method 30B, collect a 

minimum sample as specified in Method 30B 

at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).4

Nitrogen oxides .......................... 53 parts per million dry volume 3-run average (for Method 7E, 1 hour minimum 

sample time per run).

Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter filterable ........ 34 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 at 40 CFR 

part 60, appendix A–3 or appendix A–8). 

Sulfur dioxide ............................. 11 parts per million dry volume 3-run average (1 hour minimum sample time 

per run).

Performance test (Method 6 or 6c at 40 CFR 

part 60, appendix A–4). 

Fugitive ash ............................... Visible emissions for no more 

than 5% of the hourly observation period.

Three 1-hour observation periods ..................... Visible emission test (Method 22 at 40 CFR 

part 60, appendix A–7). 

1The 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 February 7, 2018. 2All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or 

the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2710 and § 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17. 

TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY

UNITS AFTER MAY 20, 2011 

[Date to be specified in state plan] 1

For the air 

pollutant 

You must meet this emission 

limitation 2

Using this averaging time 3 And determining compliance using this 

method 3

Liquid/Gas Solids 

Cadmium ........................... 0.023 milligrams per dry 

standard cubic meter.

Biomass—0.0014 milligrams per dry standard 

cubic meter.

Coal—0.0017 milligrams 

per dry standard cubic 

meter.

3-run average (collect a minimum volume of 2 dry standard cubic meters).Performance test (Method 29 at 40 

CFR part 60, appendix A–8). Use 

ICPMS for the analytical finish. 

Carbon monoxide .............. 35 parts per million dry 

volume.

Biomass—260 parts per 

million dry volume.

Coal—95 parts per million dry volume.

3-run average (1 hour minimum sample time per run).Performance test (Method 10 at 40 

CFR part 60, appendix A–4). 

Dioxins/furans (total mass 

basis).

2.9 nanograms per dry 

standard cubic meter.

Biomass—0.52 

nanograms per dry 

standard cubic meter.

Coal—5.1 nanograms per 

dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meter).Performance test (Method 23 at 40 

CFR part 60, appendix A–7). 

Dioxins/furans (toxic 

equivalency basis).

0.32 nanograms per dry 

standard cubic meter.

Biomass—0.12 

nanograms per dry 

standard cubic meter.

Coal—0.075 nanograms 

per dry standard cubic 

meter.

3-run average (collect a minimum volume of 4 dry standard cubic meters).Performance test (Method 23 at 40 

CFR part 60, appendix A–7). 

Hydrogen chloride ............. 14 parts per million dry 

volume.

Biomass—0.20 parts per 

million dry volume.

Coal—58 parts per million dry volume.

3-run average (for Method 26, collect 

a minimum of 120 liters; for Method 

26A, collect a minimum volume of 1 

dry standard cubic meter).

Performance test (Method 26 or 26A 

at 40 CFR part 60, appendix A–8). 

Lead .................................. 0.096 milligrams per dry 

standard cubic meter.

Biomass—0.014 milligrams per dry standard 

cubic meter.

Coal—0.057 milligrams 

per dry standard cubic 

meter.

3-run average (collect a minimum volume of 2 dry standard cubic meters).Performance test (Method 29 at 40 

CFR part 60, appendix A–8). Use 

ICPMS for the analytical finish. 

Mercury ............................. 0.0024 milligrams per dry 

standard cubic meter.

Biomass—0.0022 milligrams per dry standard 

cubic meter.

Coal—0.013 milligrams 

per dry standard cubic 

meter.

3-run average (For Method 29 and 

ASTM D6784–02 (Reapproved 

2008),4 collect a minimum volume of 

2 dry standard cubic meters per run. 

For Method 30B, collect a minimum 

sample as specified in Method 30B 

at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B 

at 40 CFR part 60, appendix A–8) 

or ASTM D6784–02 (Reapproved 

2008).4

Nitrogen oxides ................. 76 parts per million dry 

volume.

Biomass—290 parts per 

million dry volume.

Coal—460 parts per million dry volume.

3-run average (for Method 7E, 1 hour 

minimum sample time per run).

Performance test (Method 7 or 7E at 

40 CFR part 60, appendix A–4). 


sradovich on DSK3GMQ082PROD with PROPOSALS2
28136 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 

TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY

UNITS AFTER MAY 20, 2011—Continued 

[Date to be specified in state plan] 1

For the air 

pollutant 

You must meet this emission 

limitation 2

Using this averaging time 3 And determining compliance using this 

method 3

Liquid/Gas Solids 

Particulate matter filterable 110 milligrams per dry 

standard cubic meter.

Biomass—11 milligrams 

per dry standard cubic 

meter.

Coal—130 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 at 

40 CFR part 60, appendix A–3 or 

appendix A–8) if the unit has an annual average heat input rate less 

than or equal to 250 MMBtu/hr; or 

PM CPMS (as specified in 

§ 60.2710(x)) if the unit has an annual average heat input rate greater 

than 250 MMBtu/hr. 

Sulfur dioxide .................... 720 parts per million dry 

volume.

Biomass—7.3 parts per 

million dry volume.

Coal—850 parts per million dry volume.

3-run average (1 hour minimum sample time per run).Performance test (Method 6 or 6c at 

40 CFR part 60, appendix A–4). 

Fugitive ash ....................... Visible emissions for no 

more than 5 percent of 

the hourly observation 

period.

Visible emissions for no 

more than 5 percent of 

the hourly observation 

period.

Three 1-hour observation periods ....... Visible emission test (Method 22 at 40 

CFR part 60, appendix A–7). 

1The 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 February 7, 2018. 2All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2710 and § 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17. 

TABLE 8 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING

KILNS AFTER MAY 20, 2011 

[Date to be specified in state plan.] 1

For the air pollutant You must meet this emission 

limitation 2 Using this averaging time 3 And determining compliance using this method 3 4

Cadmium ................................... 0.0014 milligrams per dry 

standard cubic meter.

3-run average (collect a minimum volume of 2 

dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). 

Carbon monoxide ...................... 110 (long kilns)/790 (preheater/ 

precalciner) parts per million 

dry volume.

3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total mass basis) 1.3 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 4 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic equivalency basis).0.075 nanograms per dry 

standard cubic meter.

3-run average (collect a minimum volume of 4 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Hydrogen chloride ..................... 3.0 parts per million dry volume 3-run average (collect a minimum volume of 1 

dry standard cubic meter), or 30-day rolling 

average if HCl CEMS is being used.

If a wet scrubber or dry scrubber is used, performance test (Method 321 at 40 CFR part 

63, appendix A of this part). If a wet scrubber or dry scrubber is not used, HCl CEMS 

as specified in § 60.2710(j). 

Lead ........................................... 0.014 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 2 

dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). 

Mercury ...................................... 0.011 milligrams per dry standard cubic meter.

Or .............................................

58 pounds/million tons of clinker.

30-day rolling average ....................................... Mercury CEMS or integrated sorbent trap monitoring system (performance specification 

12A or 12B, respectively, of appendix B and 

procedure 5 of appendix F of this part), as 

specified in § 60.2710(j). 

Nitrogen oxides .......................... 630 parts per million dry volume.3-run average (for Method 7E, 1 hour minimum 

sample time per run).

Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter filterable ........ 13.5 milligrams per dry standard cubic meter.30-day rolling average ....................................... PM CPMS (as specified in § 60.2710(x)). 

Sulfur dioxide ............................. 600 parts per million dry vol- ume.3-run average (for Method 6, collect a minimum of 20 liters; for Method 6C, 1 hour 

minimum sample time per run).

Performance test (Method 6 or 6c at 40 CFR 

part 60, appendix A–4). 

1The 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 February 7, 2018. 2All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system data during startup and shutdown), 

dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2710 and § 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in 60.2710(y)(3). They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust. 


sradovich on DSK3GMQ082PROD with PROPOSALS2
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Proposed Rules 28137 

TABLE 9 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE

INCINERATORS AFTER MAY 20, 2011 

[Date to be specified in state plan] 1

For the air pollutant You must meet this emission 

limitation‘‘2 Using this averaging time 3 And determining compliance using this 

method 3

Cadmium ................................... 0.95 milligrams per dry standard cubic meter.3-run average (collect a minimum volume of 1 

dry standard cubic meters per run).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). 

Carbon monoxide ...................... 64 parts per million dry volume 3-run average (1 hour minimum sample time 

per run).

Performance test (Method 10 at 40 CFR part 

60, appendix A–4). 

Dioxins/furans (total mass basis) 4,400 nanograms per dry 

standard cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters per run).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Dioxins/furans (toxic equivalency basis).180 nanograms per dry standard cubic meter.3-run average (collect a minimum volume of 1 

dry standard cubic meters).

Performance test (Method 23 at 40 CFR part 

60, appendix A–7). 

Fugitive ash ............................... Visible emissions for no more 

than 5 percent of the hourly 

observation period.

Three 1-hour observation periods ..................... Visible emissions test (Method 22 at 40 CFR 

part 60, appendix A–7). 

Hydrogen chloride ..................... 300 parts per million dry volume.3-run average (For Method 26, collect a minimum volume of 120 liters per run. For Method 26A, collect a minimum volume of 1 dry 

standard cubic meter per run).

Performance test (Method 26 or 26A at 40 

CFR part 60, appendix A–8). 

Lead ........................................... 2.1 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters).

Performance test (Method 29 at 40 CFR part 

60, appendix A–8). Use ICPMS for the analytical finish. 

Mercury ...................................... 0.0053 milligrams per dry 

standard cubic meter.

3-run average (For Method 29 and ASTM 

D6784–02 (Reapproved 2008),3 collect a 

minimum volume of 2 dry standard cubic 

meters per run. For Method 30B, collect a 

minimum sample as specified in Method 30B 

at 40 CFR part 60, appendix A).

Performance test (Method 29 or 30B at 40 

CFR part 60, appendix A–8) or ASTM 

D6784–02 (Reapproved 2008).4

Nitrogen oxides .......................... 190 parts per million dry volume.3-run average (for Method 7E, 1 hour minimum 

sample time per run).

Performance test (Method 7 or 7E at 40 CFR 

part 60, appendix A–4). 

Particulate matter ......................

(filterable) ...................................

270 milligrams per dry standard 

cubic meter.

3-run average (collect a minimum volume of 1 

dry standard cubic meters).

Performance test (Method 5 or 29 at 40 CFR 

part 60, appendix A–3 or appendix A–8). 

Sulfur dioxide ............................. 150 parts per million dry volume.3-run average (for Method 6, collect a minimum of 20 liters per run; for Method 6C, 1 

hour minimum sample time per run).

Performance test (Method 6 or 6c at 40 CFR 

part 60, appendix A–4). 

1The 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 February 7, 2018. 2All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total 

mass basis limit or the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in 

§ 60.2710 and § 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17. 

[FR Doc. 2018–12164 Filed 6–14–18; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with PROPOSALS2