[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Proposed Rules]
[Pages 28068-28137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12164]



[[Page 28067]]

Vol. 83

Friday,

No. 116

June 15, 2018

Part II





 Environmental Protection Agency





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40 CFR Part 60





 Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units; Technical Amendments; Proposed Rule

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

[[Page 28068]]


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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.

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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-waste-incineration-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 <a href="/cdn-cgi/l/email-protection#4b183f08272a2239650a22262e2e0b2e3b2a652c243d"><span class="__cf_email__" data-cfemail="693a1d2a0508001b472800040c0c290c1908470e061f">[email protected]</span></a> 
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 federal-approved 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/real-id-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: <a href="/cdn-cgi/l/email-protection#e984868d8882c787888b8887809d88a98c9988c78e869f"><span class="__cf_email__" data-cfemail="a4c9cbc0c5cf8acac5c6c5cacdd0c5e4c1d4c58ac3cbd2">[email protected]</span></a>.
    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/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-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

[[Page 28069]]

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:

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                                                                                     Examples of potentially
                Category                             NAICS \1\ code                    regulated entities
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Any industrial or commercial facility     211, 212, 486.......................  Oil and gas exploration
 using a solid waste incinerator.                                                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.
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\1\ North American Industry Classification System.


[[Page 28070]]

    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 non-
delegated 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

[[Page 28071]]

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 waste-burning 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 concentration-based 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.
---------------------------------------------------------------------------

    \1\ Originally, 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.
    \2\ This final rule was signed on December 21, 2016, but was 
withdrawn from the Office of the Federal Register prior to 
publication.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \3\ The prepublication version of the final rule is available at 
https://www.epa.gov/sites/production/files/2017-04/documents/e-reporting-nsps-final-rule-pre-publication.pdf. Accessed January 24, 
2018.
---------------------------------------------------------------------------

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 previously-proposed, 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

[[Page 28072]]

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 pollutant-specific 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

[[Page 28073]]

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 continuously-measured 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\
---------------------------------------------------------------------------

    \4\ The 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.
---------------------------------------------------------------------------

    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

[[Page 28074]]

(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.
---------------------------------------------------------------------------

    \5\ The 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.
---------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/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, low-income 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,

[[Page 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

0
1. The authority citation for part 60 continues to read as follows:

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

0
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


Sec.  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).

[[Page 28076]]

Sec.  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 Sec. Sec.  60.2045 and 60.2050). 
Other requirements such as the emission limitations and operating 
limits apply after the CISWI or ACI begins operation.

Applicability


Sec.  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 
Sec.  60.2015;
    (b) Your incineration unit is a CISWI as defined in Sec.  60.2265, 
or an ACI as defined in Sec.  60.2265; and
    (c) Your incineration unit is not exempt under Sec.  60.2020.


Sec.  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.


Sec.  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 Sec.  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 Sec.  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 Sec.  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).


Sec.  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

[[Page 28077]]

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 Sec.  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 Sec.  60.2115;
    (6) The requirements in Sec.  60.2100(b)(2);
    (7) Approval of alternative opacity emission limits in Sec.  
60.2105 under Sec.  60.11(e)(6) through (8);
    (8) Performance test and data reduction waivers under Sec.  
60.8(b)(4) and (5);
    (9) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.


Sec.  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.


Sec.  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


Sec.  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.


Sec.  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 Sec.  60.2190(c) prior to commencing 
construction.

Waste Management Plan


Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 Sec.  60.2100.
    (b) Operator training and qualification must be obtained through a 
state-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section:
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section;
    (i) Environmental concerns, including types of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable);

[[Page 28078]]

    (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.


Sec.  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.


Sec.  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 Sec.  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 Sec.  60.2070(c)(2).


Sec.  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.


Sec.  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 Sec.  60.2085; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2080(a).


Sec.  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 Sec. Sec.  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 Sec.  60.2095(a) as required by Sec.  
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 Sec.  60.2070, met 
the criteria for qualification under Sec.  60.2080, and maintained or 
renewed their qualification under Sec.  60.2085 or Sec.  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.


Sec.  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 Sec.  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 Sec.  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

[[Page 28079]]

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 Sec.  
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


Sec.  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 Sec.  
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 Sec.  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).


Sec.  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 x 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

[[Page 28080]]

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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.000

Where:

X<INF>1</INF> = the PM CPMS output data points for the three runs 
constituting the performance test,
Y<INF>1</INF> = 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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.001

Where:

R = the relative mg/dscm per milliamp or digital equivalent for your 
PM CPMS,
Y<INF>1</INF> = the three run average mg/dscm PM concentration,
X<INF>1</INF> = 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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.002

Where:

O<INF>l</INF> = 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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.003

Where:

X<INF>1</INF> = the PM CPMS data points for all runs i,
n = the number of data points, and
O<INF>h</INF> = 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.


Sec.  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

[[Page 28081]]

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 Sec.  
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


Sec.  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 Sec.  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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.004

Where:

C<INF>adj</INF> = pollutant concentration adjusted to 7 percent 
oxygen;
C<INF>meas</INF> = 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
%O<INF>2</INF> = 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-chlorinated 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 (tetra-through 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 Sec. Sec.  
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 
octa-chlorinated 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.


Sec.  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


Sec.  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 Sec. Sec.  
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 
Sec.  60.2110, to establish the kiln-specific emission limit in Sec.  
60.2145(y), as applicable, and to establish operating limits using the 
procedures in Sec. Sec.  60.2110 or 60.2115. The performance test must 
be conducted using the test methods listed

[[Page 28082]]

in table 1 of this subpart or tables 5 through 8 of this subpart and 
the procedures in Sec.  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 Sec. Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 waste-to-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 Sec.  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 fuel-to-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-to-fuel 
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-to-fuel, 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 Sec.  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 Sec.  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 Sec.  60.2110 or established under Sec.  60.2115 and as 
specified in Sec.  60.2170. Use 3-hour block average values to 
determine compliance (except for baghouse leak

[[Page 28083]]

detection system alarms) unless a different averaging period is 
established under Sec.  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 Sec.  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 Sec.  60.2165(n) instead of the particulate matter 
continuous parameter monitoring system (CPMS) specified in Sec.  
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 Sec.  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 Sec.  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

[[Page 28084]]

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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.005

    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 waste-burning 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 Sec.  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 
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 Sec.  60.11(d);
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13; and
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with

[[Page 28085]]

the general requirements of Sec.  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 
Sec.  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 Sec.  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 
Sec.  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 Sec.  60.17), must be used.

[[Page 28086]]

    (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 Sec.  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 Sec.  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 re-established during 
performance compliance tests:
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-
1981 (incorporated by reference, see Sec.  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 Sec.  
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, NO<INF>X</INF>, 
SO<INF>2</INF>, 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 Sec.  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 Sec.  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 site-specific 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 site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit

[[Page 28087]]

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 waste-burning 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 site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning 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 out-of-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 waste-burning kilns. 
To determine the kiln-specific emission limit for demonstrating 
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 8:
    [GRAPHIC] [TIFF OMITTED] TP15JN18.006
    
Where:

C<INF>ks</INF> = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
depending on pollutant. Each corrected to 7% O<INF>2</INF>.)
Q<INF>ab =</INF> Alkali bypass flow rate (volume/hr)
C<INF>ab</INF> = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O<INF>2</INF>.)
Q<INF>cm</INF> = In-line coal mill flow rate (volume/hr)
C<INF>cm</INF> = In-line coal mill concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O<INF>2</INF>.)
Q<INF>ks</INF> = 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 in-line 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).


Sec.  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.


Sec.  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 Sec.  60.2141.


Sec.  60.2155  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  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 Sec.  
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 Sec.  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 Sec.  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

[[Page 28088]]

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]


Sec.  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


Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 28089]]

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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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 
Sec.  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 Sec.  60.2105. Energy recovery units that use a CEMS to 
demonstrate initial and continuing compliance according to the 
procedures in Sec.  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 Sec.  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 Sec.  60.13 and 
according to PS-1 of 40 CFR part 60, appendix B;
    (3) As specified in Sec.  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 Sec.  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

[[Page 28090]]

specification 11 of appendix B of this part and quality assurance 
requirements of procedure 2 of appendix F of this part and Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 site-specific monitoring 
plan developed in accordance with Sec.  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 site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  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.

[[Page 28091]]

    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-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 site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning 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 out-of-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 <plus-minus>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 <plus-minus>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 Sec.  60.2145(l).


Sec.  60.2170  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  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 out-of-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 out-of-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 out-of-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.

[[Page 28092]]

Recordkeeping and Reporting


Sec.  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 Sec.  60.2110(d) through (g) or 
Sec.  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 Sec.  
60.2110(c);
    (7) If you monitor clinker production in accordance with Sec.  
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 Sec.  
60.2110(d) through (g) or Sec.  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 Sec. Sec.  60.2045 and 60.2050;
    (h) Records showing the names of CISWI operators who have completed 
review of the information in Sec.  60.2095(a) as required by Sec.  
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 Sec.  60.2070, met 
the criteria for qualification under Sec.  60.2080, and maintained or 
renewed their qualification under Sec.  60.2085 or Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  241.3(d)(1). If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
Sec.  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 Sec.  241.2 and each of the legitimacy criteria of Sec.  
241.3(d)(1) of this chapter. If the fuel received a non-waste

[[Page 28093]]

determination pursuant to the petition process submitted under Sec.  
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 non-hazardous secondary materials as fuel per Sec.  
241.4, you must keep records documenting that the material is a listed 
non-waste under Sec.  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.


Sec.  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.


Sec.  60.2185  What reports must I submit?

    See table 4 of this subpart for a summary of the reporting 
requirements.


Sec.  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 Sec.  60.2050;
    (d) The waste management plan as specified in Sec. Sec.  60.2055 
through 60.2065; and
    (e) Anticipated date of initial startup.


Sec.  60.2195  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup:
    (a) The type(s) of waste to be burned;
    (b) The maximum design waste burning capacity;
    (c) The anticipated maximum charge rate;
    (d) If applicable, the petition for site-specific operating limits 
under Sec.  60.2115; and
    (e) The anticipated date of initial startup.


Sec.  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 Sec.  60.2135, as applicable;
    (b) The values for the site-specific operating limits established 
in Sec.  60.2110 or Sec.  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 Sec.  60.2165(b).


Sec.  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 Sec.  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.)


Sec.  60.2210  What information must I include in my annual report?

    The annual report required under Sec.  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 Sec. Sec.  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 
Sec.  60.2110 or Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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;

[[Page 28094]]

    (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.


Sec.  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).


Sec.  60.2220  What must I include in the deviation report?

    In each report required under Sec.  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 Sec.  60.2235(b)(1), the performance test report no later 
than the date that you submit the deviation report.


Sec.  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 Sec.  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.


Sec.  60.2230  Are there any other notifications or reports that I must 
submit?

    (a) Yes. You must submit notifications as provided by Sec.  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

[[Page 28095]]

date (if different) that you intend for any new requirements to become 
applicable (i.e., the effective date of the waste-to-fuel switch), 
consistent with paragraphs (b)(2) and (3) of this section.


Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 28096]]

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.


Sec.  60.2240  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See Sec.  60.19(c) for procedures to seek 
approval to change your reporting date.

Title V Operating Permits


Sec.  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)


Sec.  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 Sec.  60.2242 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  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.


Sec.  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.


Sec.  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 Sec.  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.


Sec.  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


Sec.  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, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.

[[Page 28097]]

    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 kiln-dried 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 Sec.  241.2 that have been discarded, and you do not keep and 
produce records as required by Sec.  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, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. 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

[[Page 28098]]

    (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, in-line 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 municipal-type 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;

[[Page 28099]]

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 non-
hazardous 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 petroleum-
contaminated 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

[[Page 28100]]

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[emsp14][deg]F (20 [deg]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
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\          time \2\                method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxin/Furan (toxic equivalency        0.41 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters per run).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Nitrogen oxides......................  388 parts per million    3-run average (for       Performance test
                                        by dry volume.           Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                          (Method 9 of appendix
                                                                                          A of this part).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 20     CFR part 60, appendix
                                                                 liters per run. For      A-4).
                                                                 Method 6C, collect
                                                                 sample for a minimum
                                                                 duration of 1 hour per
                                                                 run).
----------------------------------------------------------------------------------------------------------------
\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
  Sec.   60.2145 and Sec.   60.2165. As prescribed in Sec.   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.


[[Page 28101]]


                     Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                 You must establish         And monitoring using these minimum frequencies
 For these operating parameters   these  operating  ------------------------------------------------------------
                                       limits           Data measurement      Data recording     Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate....................  Maximum charge      Continuous...........  Every hour.......  Daily (batch
                                  rate.                                                         units) 3-hour
                                                                                                rolling
                                                                                                (continuous and
                                                                                                intermittent
                                                                                                units).\1\
Pressure drop across the wet     Minimum pressure    Continuous...........  Every 15 minutes.  3-hour
 scrubber or amperage to wet      drop or amperage.                                             rolling.\1\
 scrubber.
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
------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     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  <bullet> Statement of     Sec.   60.2190.
                                    construction.        intent to construct.
                                                        <bullet> Anticipated
                                                         date of commencement of
                                                         construction..
                                                        <bullet> Documentation
                                                         for siting
                                                         requirements.
                                                        <bullet> Waste
                                                         management plan..
                                                        <bullet> Anticipated
                                                         date of initial
                                                         startup.
Startup notification.............  Prior to initial     <bullet> Type of waste    Sec.   60.2195.
                                    startup.             to be burned.
                                                        <bullet> Maximum design
                                                         waste burning capacity..
                                                        <bullet> Anticipated
                                                         maximum charge rate.
                                                        <bullet> If applicable,
                                                         the petition for site-
                                                         specific operating
                                                         limits..
Initial test report..............  No later than 60     <bullet> Complete test    Sec.   60.2200.
                                    days following the   report for the initial
                                    initial              performance test.
                                    performance test.   <bullet> The values for
                                                         the site-specific
                                                         operating limits..
                                                        <bullet> Installation of
                                                         bag leak detection
                                                         system for fabric
                                                         filter.
Annual report....................  No later than 12     <bullet> Name and         Sec.  Sec.   60.2205 and
                                    months following     address.                  60.2210.
                                    the submission of   <bullet> Statement and
                                    the initial test     signature by
                                    report. Subsequent   responsible official..
                                    reports are to be   <bullet> Date of report.
                                    submitted no more   <bullet> Values for the
                                    than 12 months       operating limits..
                                    following the       <bullet> Highest
                                    previous report.     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..
                                                        <bullet> 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.
                                                        <bullet> If a
                                                         performance test was
                                                         not conducted during
                                                         the reporting period, a
                                                         statement that the
                                                         requirements of Sec.
                                                         60.2155(a) were met.
                                                        <bullet> Documentation
                                                         of periods when all
                                                         qualified CISWI
                                                         operators were
                                                         unavailable for more
                                                         than 8 hours but less
                                                         than 2 weeks.
                                                        <bullet> If you are
                                                         conducting performance
                                                         tests once every 3
                                                         years consistent with
                                                         Sec.   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 Sec.
                                                         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   By August 1 of that  <bullet> Dates and times  Sec.   60.2215 and 60.2220.
 limit deviation report.            year for data        of deviation.
                                    collected during    <bullet> Averaged and
                                    the first half of    recorded data for those
                                    the calendar year.   dates..
                                    By February 1 of    <bullet> Duration and
                                    the following year   causes of each
                                    for data collected   deviation and the
                                    during the second    corrective actions
                                    half of the          taken..
                                    calendar year.      <bullet> 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..

[[Page 28102]]

 
                                                        <bullet> Dates, times
                                                         and causes for monitor
                                                         downtime incidents.
Qualified operator deviation       Within 10 days of    <bullet> Statement of     Sec.   60.2225(a)(1).
 notification.                      deviation.           cause of deviation.
                                                        <bullet> Description of
                                                         efforts to have an
                                                         accessible qualified
                                                         operator..
                                                        <bullet> The date a
                                                         qualified operator will
                                                         be accessible..
Qualified operator deviation       Every 4 weeks        <bullet> Description of   Sec.   60.2225(a)(2).
 status report.                     following            efforts to have an
                                    deviation.           accessible qualified
                                                         operator.
                                                        <bullet> The date a
                                                         qualified operator will
                                                         be accessible..
                                                        <bullet> Request for
                                                         approval to continue
                                                         operation..
Qualified operator deviation       Prior to resuming    <bullet> Notification     Sec.   60.2225(b).
 notification of resumed            operation.           that you are resuming
 operation.                                              operation.
----------------------------------------------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\          time \2\                method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0023 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8
                                                                 meter per run).          of this part).
                                                                                         Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxin/furan (Total Mass Basis)......  0.58 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxin/furan (toxic equivalency        0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  0.091 parts per million  3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 360    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 3
                                                                 dry standard cubic
                                                                 meters per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.                   dry standard cubic       A-8 at 40 CFR part
                                                                 meters per run).         60). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.00084 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       enough volume to meet    (Method 29 or 30B at
                                        meter.                   a detection limit data   40 CFR part 60,
                                                                 quality objective of     appendix A-8) or ASTM
                                                                 0.03 ug/dry standard     D6784-02 (Reapproved
                                                                 cubic meter).            2008).\3\
Nitrogen oxides......................  23 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  18 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters per run).         A-3 or appendix A-8 at
                                                                                          40 CFR part 60).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6C at 40
                                                                 per run).                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
  Sec.   60.2145 and Sec.   60.2165. As prescribed in Sec.   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 Sec.   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
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \1\                       Using this        And determining
      For the air pollutant      ---------------------------------------- averaging time \2\   compliance using
                                      Liquid/gas            Solids                              this method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        4 dry standard      appendix A-8).
                                                      Coal--0.0017         cubic meters per    Use ICPMS for the
                                                       milligrams per      run).               analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Carbon monoxide.................  35 parts per        Biomass--240 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--95 parts per   run).               appendix A-4).
                                                       million dry
                                                       volume.

[[Page 28103]]

 
Dioxin/furans (Total Mass Basis)  No Total Mass       Biomass--0.52       3-run average       Performance test
                                   Basis limit, must   nanograms per dry   (collect a          (Method 23 at 40
                                   meet the toxic      standard cubic      minimum volume of   CFR part 60,
                                   equivalency basis   meter.              4 dry standard      appendix A-7).
                                   limit below.       Coal--5.1            cubic meters).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.
Dioxins/furans (toxic             0.093 nanograms     Biomass--0.076      3-run average       Performance test
 equivalency basis).               per dry standard    nanograms per dry   (collect a          (Method 23 of
                                   cubic meter.        standard cubic      minimum volume of   appendix A-7 of
                                                       meter.\3\           4 dry standard      this part).
                                                      Coal--0.075          cubic meters per
                                                       nanograms per dry   run).
                                                       standard cubic
                                                       meter.
Fugitive ash....................  Visible emissions   Three 1-hour        Visible emission    Fugitive ash.
                                   for no more than    observation         test (Method 22
                                   5 percent of the    periods.            at 40 CFR part
                                   hourly                                  60, appendix A-7).
                                   observation
                                   period.
Hydrogen chloride...............  14 parts per        Biomass--0.20       3-run average (For  Performance test
                                   million dry         parts per million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume.         collect a minimum   at 40 CFR part
                                                      Coal--58 parts per   volume of 360       60, appendix A-
                                                       million dry         liters per run.     8).
                                                       volume..            For Method 26A,
                                                                           collect a minimum
                                                                           volume of 3 dry
                                                                           standard cubic
                                                                           meters per run).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        4 dry standard      appendix A-8).
                                                      Coal--0.057          cubic meters per    Use ICPMS for the
                                                       milligrams per      run).               analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Mercury.........................  0.00056 milligrams  Biomass--0.0022     3-run average       Performance test
                                   per dry standard    milligrams per      (collect enough     (Method 29 or 30B
                                   cubic meter.        dry standard        volume to meet an   at 40 CFR part
                                                       cubic meter.        in-stack            60, appendix A-8)
                                                      Coal--0.013          detection limit     or ASTM D6784-02
                                                       milligrams per      data quality        (Reapproved
                                                       dry standard        objective of 0.03   2008).\3\
                                                       cubic meter.        ug/dscm).
Nitrogen oxides.................  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume.             minimum sample      at 40 CFR part
                                                      Coal--460 parts      time per run).      60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Particulate matter (filterable).  110 milligrams per  Biomass--5.1        3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter.        1 dry standard      60, appendix A-3
                                                      Coal--130            cubic meter per     or appendix A-8)
                                                       milligrams per      run).               if the unit has
                                                       dry standard                            an annual average
                                                       cubic meter.                            heat input rate
                                                                                               less than 250
                                                                                               MMBtu/hr; or PM
                                                                                               CPMS (as
                                                                                               specified in Sec.
                                                                                                 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       Biomass--7.3 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 6, collect   (Method 6 or 6C
                                   volume.             volume.             a minimum of 60     at 40 CFR part
                                                      Coal--850 parts      liters, for         60, appendix A-
                                                       per million dry     Method 6C,1 hour    4).
                                                       volume.             minimum sample
                                                                           time per run).
----------------------------------------------------------------------------------------------------------------
\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
  Sec.   60.2145 and Sec.   60.2165. As prescribed in Sec.   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 Sec.   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
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\          time \2\              method \2\ \3\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  90 (long kilns)/190      3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  0.51 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).

[[Page 28104]]

 
Hydrogen chloride....................  3.0 parts per million    3-run average (1 hour    If a wet scrubber or
                                        dry volume.              minimum sample time      dry scrubber is used,
                                                                 per run) or 30-day       performance test
                                                                 rolling average if HCl   (Method 321 at 40 CFR
                                                                 CEMS is being used.      part 63, appendix A).
                                                                                          If a wet scrubber or
                                                                                          dry scrubber is not
                                                                                          used, HCl CEMS as
                                                                                          specified in Sec.
                                                                                          60.2145(j).
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0037 milligrams per    30-day rolling average.  Mercury CEMS or
                                        dry standard cubic                                integrated sorbent
                                        meter or 21 pounds/                               trap monitoring system
                                        million tons of                                   (performance
                                        clinker.\3\                                       specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B and
                                                                                          procedure 5 of
                                                                                          appendix F of this
                                                                                          part), as specified in
                                                                                          Sec.   60.2145(j).
Nitrogen oxides......................  200 parts per million    30-day rolling average.  NOX CEMS (performance
                                        dry volume.                                       specification 2 of
                                                                                          appendix B and
                                                                                          procedure 1 of
                                                                                          appendix F of this
                                                                                          part).
Particulate matter (filterable)......  4.9 milligrams per dry   30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.   60.2145(x)).
Sulfur dioxide.......................  28 parts per million     30-day rolling average.  Sulfur dioxide CEMS
                                        dry volume.                                       (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
  Sec.   60.2145 and Sec.   60.2165. As prescribed in Sec.   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 Sec.
  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
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \1\          time \2\                method \2\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.67 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  13 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  1,800 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      31 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  200 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.0 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0035 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\2\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\3\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum volume as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Nitrogen oxides......................  170 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  270 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  1.2 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                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
  Sec.   60.2145 and Sec.   60.2165. As prescribed in Sec.   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 Sec.   60.17.


[[Page 28105]]

0
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]

[[Page 28106]]

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


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  60.2520  Is there an approval process for my state plan?

    Yes. The EPA will review your state plan according to Sec.  60.27.


Sec.  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 Sec.  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 Sec.  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.


Sec.  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.

[[Page 28107]]

Sec.  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 Sec.  60.2580.


Sec.  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 Sec.  
60.2535. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in Sec.  
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 Sec.  60.21(h)(1) and (5). This applies instead of 
the requirement of Sec.  60.24(e)(1) that would require a State plan to 
include all five increments of progress for all CISWIs.


Sec.  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 Sec.  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.


Sec.  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 Sec.  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 Sec.  60.2680;
    (f) The requirements in Sec.  60.2665(b)(2);
    (g) Approval of alternative opacity emission limits in Sec.  
60.2670 under Sec.  60.11(e)(6) through (8);
    (h) Performance test and data reduction waivers under Sec.  
60.8(b)(4) and (5); and
    (i) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.


Sec.  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 Sec.  
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 Sec.  
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


Sec.  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

[[Page 28108]]

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 Sec.  60.2875 or an ACI as defined in Sec.  60.2875; and
    (3) Incineration units not exempt under Sec.  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.


Sec.  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 Sec.  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 Sec.  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 Sec.  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


Sec.  60.2560  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of these emission guidelines 
(Sec. Sec.  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 Sec. Sec.  60.2575 to 60.2875, ``you'' 
means the owner or operator of a CISWI.


Sec.  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 Sec.  60.2515(a)(4) and (5) of this part.


Sec.  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.

[[Page 28109]]

Model Rule--Increments of Progress


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 site-specific operating limits 
under Sec.  60.2680.
    (b) Maintain an onsite copy of the final control plan.


Sec.  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.


Sec.  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 Sec.  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.


Sec.  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


Sec.  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.


Sec.  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.


Sec.  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


Sec.  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 Sec.  60.2665.
    (b) Operator training and qualification must be obtained through a 
state-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section:
    (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) of this section:
    (i) Environmental concerns, including types of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices;
    (vii) Actions to prevent 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;

[[Page 28110]]

    (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.


Sec.  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.


Sec.  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 Sec.  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 Sec.  60.2635(c)(2).


Sec.  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.


Sec.  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 Sec.  60.2650; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2645(a).


Sec.  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 Sec. Sec.  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 Sec.  60.2660(a) as required by Sec.  
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 Sec.  60.2635, met 
the criteria for qualification under Sec.  60.2645, and maintained or 
renewed their qualification under Sec.  60.2650 or Sec.  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.


Sec.  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 Sec.  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 Sec.  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:

[[Page 28111]]

    (i) A qualified operator is accessible as required under Sec.  
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


Sec.  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.


Sec.  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 Sec.  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 x 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

[[Page 28112]]

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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.007

Where:

X<INF>1</INF> = the PM CPMS output data points for the three runs 
constituting the performance test,
Y<INF>1</INF> = 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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.008

Where:

R = the relative mg/dscm per milliamp, or the digital equivalent, 
for your PM CPMS,
Y<INF>1</INF> = the three run average mg/dscm PM concentration,
X<INF>1</INF> = 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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.009

Where:

O<INF>l</INF> = 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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.010

Where:

X<INF>1</INF> = the PM CPMS data points for all runs i,
n = the number of data points, and
O<INF>h</INF> = 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.


Sec.  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 Sec.  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

[[Page 28113]]

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


Sec.  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 Sec.  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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.011

Where:

C<INF>adj</INF> = pollutant concentration adjusted to 7 percent 
oxygen;
C<INF>meas</INF> = 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
%O<INF>2</INF> = 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 (tetra- through 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 Sec.  60.2710 and 
Sec.  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 
octa-chlorinated 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.


Sec.  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


Sec.  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 Sec. Sec.  
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 
Sec.  60.2675, to establish the kiln-specific emission limit in Sec.  
60.2710(y), as applicable, and to establish operating limits using the 
procedures in Sec.  60.2675 or Sec.  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 Sec.  
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 Sec. Sec.  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

[[Page 28114]]

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.


Sec.  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.


Sec.  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


Sec.  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 waste-to-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 Sec.  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 fuel-to-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-to-fuel 
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-to-fuel, 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 Sec.  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 Sec.  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 Sec.  60.2675 or established under Sec.  60.2680 and as 
specified in Sec.  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

[[Page 28115]]

used to determine compliance (except for baghouse leak detection system 
alarms) unless a different averaging period is established under Sec.  
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 
Sec.  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 Sec.  
60.2730(n) instead of the continuous parameter monitoring system 
specified in Sec.  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 Sec.  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 Sec.  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;

[[Page 28116]]

    (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:
[GRAPHIC] [TIFF OMITTED] TP15JN18.012

    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 waste-burning 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 Sec.  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 Sec.  60.11(d);
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13; and

[[Page 28117]]

    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b),(c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (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 
Sec.  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 Sec.  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 
Sec.  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 Sec.  60.17), as applicable, must be used.

[[Page 28118]]

    (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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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, NO<INF>X</INF>, 
SO<INF>2</INF>, 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 Sec.  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 Sec.  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 site-specific 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 site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  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.

[[Page 28119]]

    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning 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 site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning 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 out-of-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 waste-burning kilns. 
To determine the kiln-specific emission limit for demonstrating 
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 8:
    [GRAPHIC] [TIFF OMITTED] TP15JN18.013
    
Where:

C<INF>ks</INF> = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
depending on pollutant. Each corrected to 7% O<INF>2</INF>.)
Q<INF>ab</INF> = Alkali bypass flow rate (volume/hr)
C<INF>ab</INF> = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O<INF>2</INF>.)
Q<INF>cm</INF> = In-line coal mill flow rate (volume/hr)
C<INF>cm</INF> = In-line coal mill concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O<INF>2</INF>.)
Q<INF>ks</INF> = 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 in-line 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).


Sec.  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.


Sec.  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 Sec.  60.2706.


Sec.  60.2720  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  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 Sec.  
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 Sec.  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 Sec.  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

[[Page 28120]]

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]


Sec.  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


Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 28121]]

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 Sec.  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 Sec.  
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 Sec.  
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 Sec.  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 Sec.  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 Sec.  
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 
Sec.  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 Sec.  60.2670. Energy recovery units that use a 
particulate matter CEMS to demonstrate initial and continuing 
compliance according to the procedures in Sec.  60.2730(n) are not 
required to install a continuous opacity monitoring system and must 
perform the annual performance tests for opacity consistent with Sec.  
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 Sec.  60.13 and 
according to performance specification 1 at 40 CFR part 60, appendix B;
    (3) As specified in Sec.  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 Sec.  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

[[Page 28122]]

specification 11 of appendix B of this part and quality assurance 
requirements of procedure 2 of appendix F of this part and Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 site-specific monitoring 
plan developed in accordance with Sec.  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 site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  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 during all energy recovery unit 
or waste-

[[Page 28123]]

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 site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning 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 out-of-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 <plus-minus>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 <plus-minus>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 Sec.  60.2710(l).


Sec.  60.2735  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  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 out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  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 out-of-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 
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.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-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


Sec.  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;

[[Page 28124]]

    (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 Sec.  60.2675(d) through (g) or 
Sec.  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 Sec.  
60.2675(c).
    (7) If you monitor clinker production in accordance with Sec.  
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 Sec.  
60.2675(d) through (g) or Sec.  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 Sec.  60.2660(a) as required by Sec.  
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 Sec.  60.2635, met 
the criteria for qualification under Sec.  60.2645, and maintained or 
renewed their qualification under Sec.  60.2650 or Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  241.3(d)(1). If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
Sec.  241.3(b)(4), you must keep records as to how the operations that 
produced the fuel satisfies the definition of processing in Sec.  241.2 
and each of the legitimacy criteria in Sec.  241.3(d)(1) of this 
chapter. If the fuel received a non-waste determination pursuant to the 
petition process submitted under Sec.  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 Sec.  241.4, you must keep records documenting 
that the material is a listed non-waste under Sec.  241.4(a).
    (v) Records of the criteria used to establish that the unit 
qualifies as a

[[Page 28125]]

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.


Sec.  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.


Sec.  60.2750  What reports must I submit?

    See table 5 of this subpart for a summary of the reporting 
requirements.


Sec.  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.


Sec.  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 Sec.  60.2700, as applicable;
    (b) The values for the site-specific operating limits established 
in Sec.  60.2675 or Sec.  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 Sec.  60.2730(b).


Sec.  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 Sec.  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.)


Sec.  60.2770  What information must I include in my annual report?

    The annual report required under Sec.  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 Sec. Sec.  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 
Sec.  60.2675 or Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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;

[[Page 28126]]

    (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.


Sec.  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).


Sec.  60.2780  What must I include in the deviation report?

    In each report required under Sec.  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 Sec.  60.2795(b)(1), the performance test report no later 
than the date that you submit the deviation report.


Sec.  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 Sec.  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.


Sec.  60.2790  Are there any other notifications or reports that I must 
submit?

    (a) Yes. You must submit notifications as provided by Sec.  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 Sec.  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-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  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.

[[Page 28127]]

    (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 Sec.  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 Sec.  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 Sec.  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.


Sec.  60.2800  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See Sec.  60.19(c) for

[[Page 28128]]

procedures to seek approval to change your reporting date.

Model Rule--Title V Operating Permits


Sec.  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)


Sec.  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 Sec.  60.2805 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  60.2840); and
    (c) Signature of the owner or operator of the incinerator.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  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.


Sec.  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.

[[Page 28129]]

    (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


Sec.  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, 
waste-burning 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 kiln-dried 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.

[[Page 28130]]

    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 Sec.  241.2 that have been discarded, and you do not keep and 
produce records as required by Sec.  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, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air. 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, in-line 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

[[Page 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 municipal-type 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 non-
hazardous 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:

[[Page 28132]]

    (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 petroleum-
contaminated 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[emsp14][deg]F (20 [deg]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\
----------------------------------------------------------------------------------------------------------------
\1\ Site-specific schedules can be used at the discretion of the state.
\2\ The 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.


[[Page 28133]]


     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\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\                method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B, of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of this part).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                          appendix A-8) or ASTM
                                                                                          D6784-02 (Reapproved
                                                                                          2008).\4\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).
Nitrogen oxides......................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of this
                                                                                          part).
----------------------------------------------------------------------------------------------------------------
\1\ Applies 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.
\2\ All 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
  Sec.   60.2710 and Sec.   60.2730. As prescribed in Sec.   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 Sec.   60.17.


               Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                                            And monitor using these minimum frequencies
      For these operating            You must     --------------------------------------------------------------
                                                    Data measurement       Data recording        Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate...................  Maximum charge     Continuous.......  Every hour..............  Daily (batch
                                 rate.                                                           units). 3-hour
                                                                                                 rolling
                                                                                                 (continuous and
                                                                                                 intermittent
                                                                                                 units).\1\
Pressure drop across the wet    Minimum pressure   Continuous.......  Every 15 minutes........  3-hour
 scrubber or amperage to wet     drop or amperage.                                               rolling.\1\
 scrubber.
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
------------------------------------------------------------------------
                                                               Toxic
                   Dioxin/furan isomer                      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
------------------------------------------------------------------------


[[Page 28134]]


              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    <bullet> Waste            Sec.   60.2755.
                                    date specified in    management plan.
                                    table 1 for
                                    submittal of the
                                    final control plan.
Initial Test Report..............  No later than 60     <bullet> Complete test    Sec.   60.2760.
                                    days following the   report for the initial
                                    initial              performance test.
                                    performance test.
                                                        <bullet> The values for   ..............................
                                                         the site-specific
                                                         operating limits.
                                                        <bullet> Installation of  ..............................
                                                         bag leak detection
                                                         systems for fabric
                                                         filters.
Annual report....................  No later than 12     <bullet> Name and         Sec.  Sec.   60.2765 and
                                    months following     address.                  60.2770.
                                    the submission of
                                    the initial test
                                    report. Subsequent
                                    reports are to be
                                    submitted no more
                                    than 12 months
                                    following the
                                    previous report.
                                                        <bullet> Statement and    ..............................
                                                         signature by
                                                         responsible official.
                                                        <bullet> Date of report.  ..............................
                                                        <bullet> Values for the   ..............................
                                                         operating limits.
                                                        <bullet> 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.
                                                        <bullet> If a             ..............................
                                                         performance test was
                                                         conducted during the
                                                         reporting period, the
                                                         results of the test.
                                                        <bullet> If a             ..............................
                                                         performance test was
                                                         not conducted during
                                                         the reporting period, a
                                                         statement that the
                                                         requirements of Sec.
                                                         60.2720(a) were met.
                                                        <bullet> Documentation    ..............................
                                                         of periods when all
                                                         qualified CISWI
                                                         operators were
                                                         unavailable for more
                                                         than 8 hours but less
                                                         than 2 weeks.
                                                        <bullet> If you are       ..............................
                                                         conducting performance
                                                         tests once every 3
                                                         years consistent with
                                                         Sec.   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 Sec.
                                                         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   By August 1 of that  <bullet> Dates and times  Sec.   60.2775 and 60.2780.
 limit deviation report.            year for data        of deviation.
                                    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.
                                                        <bullet> Averaged and     ..............................
                                                         recorded data for those
                                                         dates.
                                                        <bullet> Duration and     ..............................
                                                         causes of each
                                                         deviation and the
                                                         corrective actions
                                                         taken.
                                                        <bullet> Copy of          ..............................
                                                         operating limit
                                                         monitoring data and any
                                                         test reports.
                                                        <bullet> Dates, times     ..............................
                                                         and causes for monitor
                                                         downtime incidents.
Qualified Operator Deviation       Within 10 days of    <bullet> Statement of     Sec.   60.2785(a)(1).
 Notification.                      deviation.           cause of deviation.
                                                        <bullet> Description of   ..............................
                                                         efforts to have an
                                                         accessible qualified
                                                         operator.
                                                        <bullet> The date a       ..............................
                                                         qualified operator will
                                                         be accessible.
Qualified Operator Deviation       Every 4 weeks        <bullet> Description of   Sec.   60.2785(a)(2).
 Status Report.                     following            efforts to have an
                                    deviation.           accessible qualified
                                                         operator.
                                                        <bullet> The date a       ..............................
                                                         qualified operator will
                                                         be accessible.
                                                        <bullet> Request for      ..............................
                                                         approval to continue
                                                         operation.
Qualified Operator Deviation       Prior to resuming    <bullet> Notification     Sec.   60.2785(b)
 Notification of Resumed            operation.           that you are resuming
 Operation.                                              operation.
----------------------------------------------------------------------------------------------------------------
\1\ This 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\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\                method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.

[[Page 28135]]

 
Mercury..............................  0.0048 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\4\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\4\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Nitrogen oxides......................  53 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.
\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
  Sec.   60.2710 and Sec.   60.2730. As prescribed in Sec.   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 Sec.   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\
----------------------------------------------------------------------------------------------------------------
                                        You must meet this emission
                                              limitation \2\                  Using this        And determining
     For the air  pollutant      ---------------------------------------- averaging time \3\   compliance using
                                      Liquid/Gas            Solids                              this method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        2 dry standard      appendix A-8).
                                                      Coal--0.0017         cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Carbon monoxide.................  35 parts per        Biomass--260 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume.             sample time per     CFR part 60,
                                                      Coal--95 parts per   run).               appendix A-4).
                                                       million dry
                                                       volume.
Dioxins/furans (total mass        2.9 nanograms per   Biomass--0.52       3-run average       Performance test
 basis).                           dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.              4 dry standard      appendix A-7).
                                                      Coal--5.1            cubic meter).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.
Dioxins/furans (toxic             0.32 nanograms per  Biomass--0.12       3-run average       Performance test
 equivalency basis).               dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.              4 dry standard      appendix A-7).
                                                      Coal--0.075          cubic meters).
                                                       nanograms per dry
                                                       standard cubic
                                                       meter.
Hydrogen chloride...............  14 parts per        Biomass--0.20       3-run average (for  Performance test
                                   million dry         parts per million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume.         collect a minimum   at 40 CFR part
                                                      Coal--58 parts per   of 120 liters;      60, appendix A-
                                                       million dry         for Method 26A,     8).
                                                       volume.             collect a minimum
                                                                           volume of 1 dry
                                                                           standard cubic
                                                                           meter).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        2 dry standard      appendix A-8).
                                                      Coal--0.057          cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Mercury.........................  0.0024 milligrams   Biomass--0.0022     3-run average (For  Performance test
                                   per dry standard    milligrams per      Method 29 and       (Method 29 or 30B
                                   cubic meter.        dry standard        ASTM D6784-02       at 40 CFR part
                                                       cubic meter.        (Reapproved         60, appendix A-8)
                                                      Coal--0.013          2008),\4\ collect   or ASTM D6784-02
                                                       milligrams per      a minimum volume    (Reapproved
                                                       dry standard        of 2 dry standard   2008).\4\
                                                       cubic meter.        cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Nitrogen oxides.................  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume.             minimum sample      at 40 CFR part
                                                      Coal--460 parts      time per run).      60, appendix A-
                                                       per million dry                         4).
                                                       volume.

[[Page 28136]]

 
Particulate matter filterable...  110 milligrams per  Biomass--11         3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter.        1 dry standard      60, appendix A-3
                                                      Coal--130            cubic meter).       or appendix A-8)
                                                       milligrams per                          if the unit has
                                                       dry standard                            an annual average
                                                       cubic meter.                            heat input rate
                                                                                               less than or
                                                                                               equal to 250
                                                                                               MMBtu/hr; or PM
                                                                                               CPMS (as
                                                                                               specified in Sec.
                                                                                                 60.2710(x)) if
                                                                                               the unit has an
                                                                                               annual average
                                                                                               heat input rate
                                                                                               greater than 250
                                                                                               MMBtu/hr.
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume.             sample time per     at 40 CFR part
                                                      Coal--850 parts      run).               60, appendix A-
                                                       per million dry                         4).
                                                       volume.
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ All 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
  Sec.   60.2710 and Sec.   60.2730. As prescribed in Sec.   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 Sec.   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\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \2\          time \3\              method \3\ \4\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Carbon monoxide......................  110 (long kilns)/790     3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  1.3 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (collect   If a wet scrubber or
                                        dry volume.              a minimum volume of 1    dry scrubber is used,
                                                                 dry standard cubic       performance test
                                                                 meter), or 30-day        (Method 321 at 40 CFR
                                                                 rolling average if HCl   part 63, appendix A of
                                                                 CEMS is being used.      this part). If a wet
                                                                                          scrubber or dry
                                                                                          scrubber is not used,
                                                                                          HCl CEMS as specified
                                                                                          in Sec.   60.2710(j).
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.011 milligrams per     30-day rolling average.  Mercury CEMS or
                                        dry standard cubic                                integrated sorbent
                                        meter.                                            trap monitoring system
                                       Or.....................                            (performance
                                       58 pounds/million tons                             specification 12A or
                                        of clinker.                                       12B, respectively, of
                                                                                          appendix B and
                                                                                          procedure 5 of
                                                                                          appendix F of this
                                                                                          part), as specified in
                                                                                          Sec.   60.2710(j).
Nitrogen oxides......................  630 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  13.5 milligrams per dry  30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.   60.2710(x)).
Sulfur dioxide.......................  600 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters;    CFR part 60, appendix
                                                                 for Method 6C, 1 hour    A-4).
                                                                 minimum sample time
                                                                 per run).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.
\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
  Sec.   60.2710 and Sec.   60.2730. As prescribed in Sec.   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\ Alkali 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.


[[Page 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\
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant                  emission           Using this averaging    compliance using this
                                           limitation``\2\              time \3\                method \3\
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.95 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  64 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4,400 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      180 nanograms per dry    3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 1    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  300 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.1 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0053 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\3\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\4\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Nitrogen oxides......................  190 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter...................  270 milligrams per dry   3-run average (collect   Performance test
(filterable).........................   standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  150 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters     CFR part 60, appendix
                                                                 per run; for Method      A-4).
                                                                 6C, 1 hour minimum
                                                                 sample time per run).
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ All 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
  Sec.   60.2710 and Sec.   60.2730. As prescribed in Sec.   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 Sec.   60.17.


[FR Doc. 2018-12164 Filed 6-14-18; 8:45 am]
 BILLING CODE 6560-50-P


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